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HomeMy WebLinkAboutcc min 2009/02/17MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 17, 2009 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BRAD REMP, ASSISTANT DIRECTOR OF PLANNING & BUILDING/BUILDING OFFICIAL, FOR HIS RETIREMENT AFTER 19 YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA City Manager Sandoval recognized and commended Mr. Remp on his 18 yeazs of service to the City. Mayor Cox then read the proclamation and City Manager Sandoval presented it to Brad. Mr. Remp thanked the many dedicated staff he had worked with, and also thanked the City Manager and Council, both current and prior, for giving him the opportunity to participate in many regional and State activities. Mayor Cox announced that the following presentation would be added to the agenda: PRESENTATION BY TANYA ROVIRA-OSTERWALDER, PROJECT MANAGER FOR HEALTHY EATING ACTIVE COMMUNITIES (HEAC), OF A COMMUNITY LEADERSHIP AWARD FROM "WALK SAN DIEGO" TO CASTLE PARK HIGH STUDENTS, GERRY GARCIA AND RUDY GUTIERREZ, AND SOUTHWESTERN COLLEGE STUDENT, DANIEL RIGS Tanya Rovira Osterwalder, Project Manager with HEAC, introduced and congratulated Gerry Garcia, Rudy Gutierrez and Daniel Rios for receiving the leadership award from "Walk San Diego', for their work on an assessment for park improvements in Lauderbach Pazk. She then presented the students with the award. Page 1 - Counci] Minutes February 17, 2009 SPECIAL ORDERS OF THE DAY (Continued) PRESENTATION BY JOHN TESSITORE, CHAIRPERSON, AND KATE GOOGINS, VICE CHAIRPERSON, OF THE YOUTH ACTION COUNCIL ON ITS "THEATRE SLAM" EVENT, SATURDAY, FEBRUARY 28, 2009 FROM 6:00 P.M. TO 9:00 P.M. AT THE CIVIC CENTER LIBRARY Youth Action Council Members Tessitore and Googins spoke about the work of the Youth Action Council, and provided information regarding the Theatre Slam event, scheduled for Saturday, February 28, 2009, from 6:00 p.m. to 9:00 p.m., at the Civic Center Library the event. CONSENT CALENDAR (Items 1-6) WRITTEN COMMUNICATIONS Letter of resignation from Susan O'Shaughnessy, member of the Cultural Arts Commission. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 2. ORDINANCE NO. 3125, ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.05 TO THE CHULA VISTA MUNICIPAL CODE, ESTABLISHING THE CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND PROMOTING THE AREA (SECOND READING AND ADOPTION) Adoption of the ordinance establishes the Chula Vista Auto Pazk Business Improvement District, which will provide aself-funding mechanism to allow for the promotion and marketing of the automobile dealers within the auto park. This ordinance was introduced on February 10, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. 3. A. RESOLUTION NO. 2009-033, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES B. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2008 Per California Govenunent Code Section 53646, the City Treasurer may annually present the City's Investment Policy to the City Council to reaffirm or make any changes to the existing policy. The Investment Policy provides guidelines to ensure management of idle cash, and state law requires that it be adopted by resolution on an annual basis. The Quarterly Investment Report provides information on various cash balances, investment transactions and the status of the pooled investment portfolio in accordance with the Government Code and the Counci] Investment Policy (Finance Director) Staff recommendation: Council adopt the resolution and accept the report. Page 2 -Council Minutes February 17, 2009 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2009-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "GLENHAVEN WAY IMPROVEMENTS BETWEEN FIRST AVENUE AND AMY STREET IN THE CITY OF CHULA VISTA (CIP NO. STL-304)" PROJECT TO HILLCREST CONTRACTING IN THE AMOUNT OF $516,812.25, AND APPROVING A BUDGET TRANSFER FROM EXISTING SOUTHWESTERN CHULA VISTA STREET IMPROVEMENTS PROJECT (STL-306) TO CIP NO. STL- 304 FOR SAID PURPOSE AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On January 21, 2009, the Director of Public Works received sealed bids for the project. The work to be done consists of the sidewalk improvements and related street work along Glenhaven Way between First Avenue and Amy Street. The work also includes all labor, material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the project. (Public Works Director) Staff recommendation: Council adopt the resolution. S.A. RESOLUTION NO. 2009-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADMINISTERING AGENCY -STATE MASTER AGREEMENT FOR FEDERAL AID PROJECTS, NO. 11-5203R BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT, THE PROGRAM SUPPLEMENT AND ALL FUTURE PROGRAM SUPPLEMENTS TO SAID AGREEMENT B. RESOLUTION NO. 2009-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADMINISTERING AGENCY -STATE MASTER AGREEMENT FOR STATE AID PROJECTS, NO. 002235 BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT Prior to the receipt of Federal or State funds for any local Federal or State Aid project, the City and the State are required to enter into master agreements relative to prosecution of said projects and maintenance of the completed facilities. The previous master agreement for Federal Aid Projects and State Aid Projects were approved in 1978 and 2003 respectively. (Public Works Director) Staff recommendation: Council adopt the resolutions. Page 3 -Council Minutes February 17, 2009 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2009-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "STREET LIGHT INSTALLATION ALONG FOURTH AVENUE BETWEEN L STREET TO ORANGE AVENUE (TF-307)" PROJECT TO 3D ENTERPRISES, INC. IN THE AMOUNT OF $109,000 On January 21, 2009, the Director of Public Works received 15 sealed bids for the project that is part of the Undergrounding Utility District Program and will install 15 new street light poles and relocate one existing street light pole in order to have a more uniform street light pattern along the roadways. (Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staff's recommendations and offered Consent Calendaz Items l-6, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Steve Molski, Chula Vista resident, stated that he had filed a claim with the City to replace his eyeglasses that were broken as a result of a fall at the South County Library. He stated that the claim was rejected since he filed it after the six-month statute of limitations. He requested reimbursement for the cost of replacing his glasses. Ed Herrera, Chula Vista resident, spoke in opposition to the local sales tax measure, Proposition A. Ariana Nava, Chula Vista resident, spoke in support of the Library's DASH Program. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, stated that the majority of association members voted against the sales tax measure as written. She stated that there was a need for clearer understanding of the City's use of its reserves. She suggested that any extra money be used to assist local businesses, and to lower fees for low- income residents. She suggested public discussion about the sales tax measure prior to the ballots being mailed out. Guillermo Lopez, Chula Vista resident, stated that the community should have a say in the proposed sales tax increase and in the duration of the proposed sales tax increase. He then spoke in opposition to the MMC peaker power plant. Page 4 -Council Minutes February 17, 2009 PUBLIC COMMENTS (Continued) Patricia Aguilaz, Chula Vista resident, representing Crossroads II, stated that the Board was in support of Proposition A. She requested that the Council direct the City Clerk to prepare a ballot measure for the June 2010 election to have the voters vote on a measure to have Proposition A, if it passes, go back to the voters for ratification or repeal in 2014. Councilmember Castaneda requested, with Council consensus, that the City Attorney look at the possibility of prepazing a resolution to be placed on the next agenda for Council consideration to place an item on the June 2010 General Election that would allow the voters to determine in 2014, should the tax measure pass, whether or not to continue or eliminate the tax. OTHER BUSINESS 7. CITY MANAGER'S REPORTS City Manager Sandoval spoke about a recent meeting between staff and two local water districts that included discussion about the likelihood of mandatory water conservation measures in the summer that would affect local ratepayers. To that end, he stated that staff would be scheduling a presentation by the districts for a future Council meeting. 8. MAYOR'S REPORTS There were none. 9. COUNCILMEMBERS' COMMENTS Councilmember Ramirez invited the community to attend the tree dedication to commemorate former President Eisenhower's visit to the City on October 21, 1960. The event was scheduled for Thursday, February 19, 2009, at 11:00 a.m., in the Civic Center courtyard. He spoke regarding a recent Animal Care Facility Subcommittee meeting. He stated that staff had provided a report outlining issues at the Animal Care Facility that had been addressed, and those that were still being worked on. He also stated that he would hold regular meetings to address and resolve the issues and implement best practices for the facility. He requested staff to expedite the recruitment process to fill the vacant manager position for the Animal Care Facility. Councilmember Bensoussan spoke in support of the comments by Councilmember Ramirez regarding the Animal Caze Facility. She stated there was a need for the future for services such as animal spaying and neutering, and public awazeness programs. She also invited the community to attend the Energy Subcommittee meeting on February 18, 2009, at 1:00 p.m. in conference room C-101, located in City Hall. She announced the recent opening of a coffee and pastry shop on the corner of Third Avenue, and she encouraged the community to support local businesses. Mayor Cox recessed the meeting to convene in Closed Session at 6:54 p.m. Page 5 -Council Minutes February 17, 2009 CLOSED SESSION 10. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 • Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder • Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups This item was not discussed. 11. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) One Case ACTION: Councilmember Castaneda moved to authorize the City Attorney to enter into a tolling agreement with the County of San Diego. Councilmember Ramirez seconded the motion and it carried 5-0. ADJOURNMENT At 7:05 p.m., Mayor Cox adjourned the meeting to February 19, 2009 at 6:00 p.m. in the Executive Conference Room for Planning Commission Interviews, and thence to the Regulaz Meeting on Mazch 3, 2009 at 4:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 6 -Council Minutes February 17, 2009