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HomeMy WebLinkAbout2009/08/04 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 7, 2009 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, and Mayor Cox ABSENT: Councilmember Ramirez (excused) ALSO PRESENT: City Manager Sandoval, Deputy City Attorney Shirey, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THEDA Y INTRODUCTION BY POLICE CHIEF EMERSON OF EMPLOYEE OF THE MONTH, CHRISTINA TAFOYA, EVIDENCE CONTROL ASSISTANT Captain Wesdge introduced employee of the month, Christina Tafoya. Mayor Cox read the proclamation and Deputy Mayor McCann presented it to Christina. PRESENTATION BY POLICE CHIEF EMERSON OF RECENT PROMOTIONS: LIEUTENANT PHIL COLLUM, LIEUTENANT VERN SALLEE, SERGEANT HENRY MARTIN AND SERGEANT CHRISTINE PENWELL Police Chief Emerson introduced and recognized the recently promoted officers. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TONYA TOROSIAN, EXECUTIVE DIRECTOR OF THE COUNTY OF SAN DIEGO CHILDREN, YOUTH AND FAMILIES COMMISSION, PROCLAIMING APRIL AS "CHILD ABUSE PREVENTION MONTH" Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Ms. Torosian. Mayor Cox then recognized Graphic Designer Ryan Bethke who was present at the meeting, and she expressed gratitude for his service to the City, since he would be leaving due to budget- related layoffs. Page 1 - Council Minutes April 7, 2009 1-1 DRAFT CONSENT CALENDAR (Items 1-7) Councilmember Castaneda stated he would be abstaining from voting on Item 4. The item was removed from the Consent Calendar and voted upon separately. 1. AFPROV AL OF MINUTES of December 9,2008. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of Resignation from Brett Davis, member of the Resource Conservation Commission. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 3. RESOLUTION NO. 2009-071, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $98,372 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money was deposited by the Police Department in accordance with Government Code Article 3, Section 50050 provisions, which state that money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. Adoption of the resolution transfers $98,372 which is now eligible for transfer, to the General Fund. (Police Chief) Staff recommendation: CounCil adopt the resolution. 4 . Item 4 was removed from the Consent Calendar. 5A RESOLUTION NO. 2009-074, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF THE SOUTH SIDE OF BONITA ROAD LYING ADJACENT TO THE PROPERTIES LOCATED AT 36, 42, 50 AND 58 BONITA ROAD EXCESS RIGHT OF WAY, ORDERING THE SUMMARY VACATION OF SUCH PORTION, AND DIRECTING THE CITY CLERK TO RECORD ALL DOCUMENTS REQUIRED WITH THE COUNTY RECORDER B. RESOLUTION NO. 2009-075, RESOLUTION OF THE. CITY COlJNCIL OF THE CITY OF CHULA VISTA DECLARING A PORTION OF CITY-OWNED BONITA ROAD LYING ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA ROAD (APN 570-130-32) AS EXEMPT SURPLUS LAND Page 2 - Council Minutes April 7, 2009 1-2 DRAFT CONSENT CALENDAR (Continued)" C. RESOLUTION NO. 2009-076, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE OFFER TO PURCHASE THE EXCESS PORTION OF CITY-OWNED BONITA ROAD ADJACENT TO THE PROPERTY LOCATED AT 50 BONiTA ROAD (APN 570-130-32) TO THE OWNER OF THE PROPERTY AT 50 BONITA ROAD AND AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION The owner of property located at 50 Bonita Road has requested to purchase an unused, excess portion of City-owned Bonita Road lying between her property and the traveled roadway. This area was left unneeded after the construction of the E Street Extension in 1963. In order to sell this land, Council is required to vacate the existing public access rights and declare the vacated portion as exempt surplus land. (Public Works Director) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION NO. 2009-077, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER FOR BROOKFIELD SHEA OTAY, LLC FOR THE GRADING OF EASTLAKE PARKWAY PHASE 3 AND HUNTE P ARKW A Y PHASE 3 Brookfield Shea Otay, LLC has constructed' Eastlake Parkway Phase 3 and Hunte Parkway Phase 3 in conjuriction with the development of Otay Ranch Village II (Winding Walk). These roadways are within the Transportation Development Impact Fee (TDIF) program, and therefore, eligible construction costs are credited against the payment of TDIF fees for the development. The Phase 3 segments of the two roadways were constructed using the same unit prices as the Phase 2 segments and are therefore considered a construction change order. Change orders above $50,000 are subject to Council approval. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. . 7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17, SECTION 17.10.100 OF THE MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN- LIEU PARK FEES On.December 16, 2008, City Council approved the creation of a payment plan program for development processing and impact fees due to the current economic downturn. This action would allow developers to also defer Park Acquisition and Development fees to a time later than the approval and recordation of the parcel or fmal map, or for development that does not require a parcel or final map, later than permit issuance. The purpose of the fee deferral program is for the purpose of stimulating economic development within the Ciry of Chula Vista. Both fee deferral programs will expire on December 31, 2010 and in no way relieve developers for fee obligations. (Deputy City Manager/Development Services Director) Staff recommendation: Council hold first reading of the ordinance. Page 3 - Council Minutes April 7, 2009 1-3 DRAFT CONSENT CALENDAR (Continued) ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered Consent Calendar Items 1-3,5 and 6, headings read, text waived. Deputy Mayor McCann seconded the motion and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 4 A. RESOLUTION NO. 2009-072, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $444,000 FROM THE STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS CENTERTECHNOLOGYI~ROVEMENTS B. RESOLUTION NO. 2009-073, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PARTICIPATING IN THE STATE OF CALIFORNIA'S MASTER PURCHASE AGREEMENT #5-06-58-(11-19) TO PURCHASE POLICE COMMUNICATIONS RELATED EQUIPMENT AND SOFTWARE The State of California has a program to fund replacement of equipment for public safety dispatch centers. Every five years, the City of Chula Vista is eligible to replace dispatch equipment via State funds. The last upgrade to the City ofChula Vista's Police Dispatch Center equipment was in 2004. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor McCann moved to approve staffs recommendation and offered Resolution Nos. 2009-072 and 2009-073, headings read, text waived. Councilmember Bensoussan seconded the motion and it carried 3-0-1, with Councilmember Castaneda abstaining. PUBLIC COMMENTS Juan Carlos Linores, Chula Vista resident, asked for staff s assistance on ways to lower his sewer bill. Mayor Cox referred the matter to staff. At 4:27 p.m., Mayor Cox postponed further public comments in order to address Item 9A, which was scheduled to be heard at 4:30 p.m., time certain. 9A. MAYOR'S REPORTS 4:30 p.m. Time Certain COMMITTEE CHAIRS FROM THE MAYOR'S TASK FORCE FOR CREATING A SUSTAINABLE CHULA VISTA NATURE CENTER WILL PRESENT THEIR PRELIMINARY REPORT Mayor Cox presented the preliminary report from the Mayor's Task Force formed to create a sustainability plan for the Chula Vista Nature Center. She provided an overview and history of the Nature Center and potential restructuring solutions. Page 4 - Council Minutes 1-4 April 7, 2009 DRAFT 9A. MA YOR'S REPORTS (Continued) Mayor Cox introduced Dr. Brian Joseph, who provided information on successful transitions from City to non-profit by other organizations. He stated that the task force had researched models for successful transitions, including the review of agreements and bylaws. The task force also reviewed the Nature Center's achievements that would aide a potential transition, concerns about a transition to a non-profif organization, marketing needs, and staffing. RecreationlNature Center Director Martin provided information related to staffmg and revenue opportunities. Renee Herrell, representing RCH Consulting, provided recommendations for timdraising. Economic Development Manager Stone presented a marketing plan for the organization, and talked about a market-based set of strategies and tactics. Dan Biggs provided information about the recommended process of transitioning to a non-profit operation, including financial structure, reduced hours of operation, and an organizational reconfiguration. Mayor Cox provided the Task Force's preliminary recommendations. The following members of the public spoke in favor of the preliminary report and proposed . recommendations: Lura B. Cox, Chula Vista resident. JoAnn Fields, Chula Vista resident, representing Filipino-American caucus of San Diego County. Ms. Fields also requested consideration of potential impacts of the proposed reduced hours on school children visiting the Nature Center. The following members of the public did not wish to speak, but submitted cards in support of the Preliminary Report and recommendations: Judy Cave, Chula Vista resident Barbara Main, Bonita resident Susan Fuller, Imperial Beach resident Ken Weimer, Chula Vista resident Zaneta Encarnacion Kamry Fields, Chula Vista resident Aline King, Lemon Grove resident Danny Sedivec, Chula Vista resident Forrest Smith, Chula Vista resident Jodie Medrano, Chula Vista resident Manami, La Mesa resident Jessica Rodriguez; Imperial Beach resident Deputy Mayor McCann spoke in favor of performance-based fundraising efforts for the Nature Center. He suggested that the City's name be incorporated in to any potential re-branding of the Nature Center's name. He stated that the crucial period for the Nature Center was now through the next six months, during its transition, and stated there was a need to monitor cash flow. Page 5 - Council Minutes April 7, 2009 1-5 DRAFT 9A. MA YOR'S REPORTS (Continued) Councilmember Bensoussan spoke in favor of an increase in admission fees for the Nature Center, and she pointed out that even with an increase, the admission fee would still the lowest in the region, compared with similar entities. She spoke in opposition to reducing operating hours. She also stated that it was a priority to increase the Nature Center operating budget for marketing purposes, which would also benefit .local businesses by attracting visitors to shop and dine in Chula Vista. She also requested that eco-tourism be added to the list of marketing targets. Councilmember Castaneda cautioned against an increase in admission fees to the Nature Center, so as not to price out Chula Vista residents, and he suggested offering a reduced admission fee for residents. ACTION: Mayor Cox moved to accept the report and refer to staff to bring the item back before the City Council in three to four weeks. Councilmember Bensoussan seconded the motion and it carried 4-0. . PUBLIC COMMENTS At 5:40 p.m., Mayor Cox resumed Public Comments, and the following members of the public were heard: Carlos Lopez, Chula Vista resident, representing Communities Taking Action, spoke m opposition to the proposed MMC peaker power plant. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed MMC peaker power plant, and to a letter to the CEC (California Energy Commission) from the City. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Sandoval reported that the Port had taken action on the City's draft Environmental Impact Report and Land Swap, and that City staff would be meeting with the Port staff in an effort to move forward. He announced the impending retirement of Police Chief Emerson, stating that Chief Emerson would continue serving as Police Chief until his replacement was recruited. He thanked Chief Emerson for his leadership and service to the City. He announced the City's recent receipt of the "Life Level Four 2008 Difference Maker" award by the San Diego Blood Bank for exceeding its annual goal of 125 pints of blood, with a total of 148 pints received. 9. MAYOR'S REPORTS A. This item was taken out of order and addressed at time certain 4:30 p.m. B. RATIFiCATION OF THE APPOINTMENT OF MARY MCDERMOTT TO THE CULTURAL ARTS COMMISSION Page 6 ~ Council Minutes. April 7, 2009 1-6 DRAFT 9. MAYOR'S REPORTS(Continued) C. RATIFICATION OF THE APPOINTMENT OF JAMES DOUD - TO GROWTH MANAGEMENT. OVERSIGHT COMMISSION AS SOUTHWEST REPRESENTATIVE THE THE D. RATIFICATION OF THE APPOINTMENT OF ARMIDA TORRES TO THE GROWTH MANAGEMENT OVERSIGHT COMMISSION AS THE BUSINESS REPRESENTATIVE ACTION: Mayor Cox moved to ratifY the appointment of Mary McDermott, James Doud, and Armida Torres to their respective commissions. Deputy Mayor McCann seconded the motion and it carried 4-0. Mayor Cox announced receipt of a letter from Mothers Against Drunk Driving (MAD D) California, congratulating the Chula Vista Police Departinent on receiving the Law Enforcement Agency of the Year Award, to be presented on April 18,2009. She announced that a report on the Destination Lindbergh plan would be presented to the Council at an upcoming meeting. 10. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann requested staff to docket for a Council meeting in May, an invitation to local water agencies to give a report on the current water situation and recommendations for community efforts on how to conserve water. He also requested staff to docket on an upcoming agenda, the current fiscal year budget deficit and achieving a balanced budget prior to the fiscal year end. He thanked Chief Emerson for his service to the City and looked forward to the process for recruitment of a new Police Chief. Councilmember Castaneda congratulated Chula Vista Police Officers Leo Banales and Alicia Chudy, who were recognized at the recent San Diego MADD Annual Recognition banquet. Officer Banales was recognized as the Chula Vista Police Department DUI Officer of the Year, and Officer Chudy was awarded the Officer Christopher D. Lydon Memorial Award, presented to only one officer per year in San Diego COUllty, for her work in combating DUI. He also recognized and congratulated Sgt. Kenny Heinz, who was awarded the 2009 Spirit of Courage by the San Diego Burn Institute for his selfless rescue of a young woman trapped in a burning car. He thanked and congratulated these officers as well as all City employees who did their best each day for the City. Councilmember Bensoussan announced the recent groundbreaking event at Chula Vista High School for school renovations financed by the sale of bonds approved in November 2006 through Proposition "0". She announced the upcoming Western Revitalization Subcommittee Meeting on April 14, 2009 at 5:00 p.m., at the Maria Candelaria Restaurant, 323 Third Avenue, to discuss the topic of Community Gardens in Western Chula Vista. She also announced all upcoming presentation at the Chula Vista Public Library Auditorium on April 22, 2009 from 5:30 p.m. to 7:00 p.m:, on the potential impacts of Climate Change on Chula Vista. Mayor Cox recessed the meeting to convene in Closed Session at 6:00 p.m. Page 7 - Council Minutes April 7, 2009 1-7 DRAFT CLOSED SESSION 11. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Human Resources Director ACTION: Deputy Mayor McCann moved to appoint Kelley Bacon as the Human Resources Director. Councilmember Castaneda seconded the motion and it carried 4-0. ADJOURNMENT At 6:10 p.m., Mayor COx adjourned the meeting to the Regular Meeting of April 21, 2009 at 6:00 p.m. in the Council Chambers. (The meeting of April 14, 2009 was cancelled). ~ Lorraine Bennett, CMC, Deputy City Clerk , c::---"-: Page 8 - Council Minutes 1-8 April 7, 2009