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HomeMy WebLinkAboutcc min 2010/01/05MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 5, 2010 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, 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 Employee of the month, Frank Carson led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • DID YOU KNOW that municipal energy efficiency projects produce long-term cost savings for the City? Environmental Resource Manager Reed presented the City's energy efficiency projects, and Building Project Manager Day presented the LED Traffic Signal retrofit project. • OATH OF OFFICE: John Serrano, Parks & Recreation Commission Deputy City Clerk Bennett administered the Oath of Office to Commissioner Serrano, and Councilmember Bensoussan presented him with a certificate of appointment. INTRODUCTION BY BUCK MARTIN, DIRECTOR OF PARKS & RECREATION, OF EMPLOYEE OF THE MONTH FRANK CARSON, RECREATION SUPERVISOR III Recreation Director Martin introduced employee of the month, Frank Carson. Mayor Cox then read the proclamation and Deputy Mayor Ramirez presented it to Frank. CONSENT CALENDAR (Items I-5) Item 2 was pulled from the Consent Calendar for discussion by a member of the public, and Items 3, 4 and 5 were pulled from the Consent Calendar for separate consideration. Deputy Mayor Ramirez stated that he would be abstaining from voting on these items out of an abundance of caution, due to the nature of his business in the construction industry. Page ] -Council Minutes January 5, 2010 CONSENT CALENDAR (Continued) APPROVAL OF MINUTES of September 1, 2009. Staff recommendation: Council approve the minutes. 2. Item 2 was removed from the Consent Calendaz. 3. Item 3 was removed from the Consent Calendaz. 4. Item 4 was removed from the Consent Calendaz. 5. Item 5 was removed from the Consent Calendaz. ACTION: Mayor Cox moved to approve Consent Calendaz Item I. Councilmember Bensoussan seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. ORDINANCE NO. 3148, ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2010 ANNUAL REPORT TO BE FOCUSED ON FIVE OF THE GROWTH MANAGEMENT PROGRAM'S ELEVEN QUALITY OF LIFE ISSUES, INCLUDING: FIRE, FISCAL, LIBRARIES, POLICE AND TRAFFIC (SECOND READING AND ADOPTION) The Chula Vista Municipal Code requires the Growth Management Oversight Commission (GMOC) to prepare an annual report, focusing on eleven quality of life issues. Adoption of the ordinance allows the 2010 GMOC Annual Report to be abbreviated by focusing on five of the eleven issues, including Fire, Fiscal, Libraries, Police, and Traffic. The ordinance was introduced December 15, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. Ted Kennedy, Chula Vista resident, questioned why the GMOC report was abbreviated with focus on only five of the original 11 quality of life thresholds. City Manager Sandoval responded that it was staff s recommendation to place the issues on hiatus for one year, due to the diminished pace of growth and development in the City. ACTION: Mayor Cox moved to adopt Ordinance No. 3148, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. RESOLUTION NO. 2010-001, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTIONS OF FOURTH AVENUE/MAIN STREET AND FOURTH AVENUE/BEYER WAY IN THE CITY OF CHULA VISTA, CALIFORNIA (TF330)" PROJECT TO T&M ELECTRIC INC., DBA PERRY ELECTRIC, IN THE AMOUNT OF $261,919 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT Page 2 -Council Minutes January 5, 2010 CONSENT CALENDAR (Continued) On November 18, 2009, the Director of Public Works received seven (7) sealed bids for this project. The project is included in the fiscal yeaz 2009/2010 Capital Improvement Program budget to upgrade and repair existing traffic signal equipment at these two intersections in order to assure optimal signal operations, to update the signal systems to current City standazds, to lengthen the service life of the traffic signals, and to reduce operation and maintenance costs. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2010-002, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN-BUILD AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YOUNG ELECTRIC SIGN COMPANY (YESCO) FOR THE DESIGN AND CONSTRUCTION OF THE CHULA VISTA AUTO PARK SIGN (CIP NO. RD248) On May 26, 2009, City Council Resolution No. 2009-125 was adopted, approving the contract with Young Electric Sign Company (YESCO) for the design and construction of the Chula Vista Auto Park Sign. The preliminary design for the sign is complete. Adoption of the resolution sets the Guazanteed Maximum Price (GMP) for the contract. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2010-003, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH SOUTHERN CONTRACTING INC. FOR THE MUNICIPAL SOLAR PHOTOVOLTAIC PROJECT (GG208) As part of the American Recovery & Reinvestment Act of 2009, $1,974,300 in Energy Efficiency & Conservation Block Grants (EECBG) has been allocated for the City of Chula Vista to implement strategies to reduce energy use and lower fossil fuel emissions. Specifically, $874,300 of the EECBG funds have been allocated to be used to expand on- site solar photovoltaic energy systems at multiple municipal facilities. On Apri13, 2009 a Request for Proposals (RFP) for City-wide Municipal Solaz Photovoltaic Projects was issued. Southern Contracting Inc. was chosen as the candidate that best met all the qualifications outlined in the RFP. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz Items 3, 4, and 5, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining. Page 3 -Council Minutes January 5, 2010 PUBLIC COMMENTS David Danciu, Chula Vista resident, commented on Item 15 (2010-2014 Redevelopment Implementation Plan) of the December 15, 2009 Council Meeting, and spoke in favor of a pilot project in the Southwest before commencement of redevelopment expansion. He also suggested engaging the community by soliciting input on what should be placed at project sites such as the old corporation yard, or land at Third Avenue and E Street, followed by a feasibility study of the sites. PUBLIC HEARINGS 6. CONSIDERATION OF FORMATION OF ASSESSMENT DISTRICT 2009-01 (OXFORD STREET) On November 17, 2009 the City Council adopted Resolution No. 2009-272 approving the Engineer's Report for the proposed Assessment District AD 2009-01 along Oxford Street. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the heazing was held on the date and at the time specified in the notice. Real Property Manager Ryals gave a brief overview of the proposed assessment district. Mayor Cox opened the public hearing, requested that the City Clerk open and tabulate the assessment ballots, and informed the public that the ballot period would remain open until the close of the public hearing. Ralph Viergutz, stated that although he would like to see curbs and gutters installed in his neighborhood, he was opposed to paying for any portion of the improvements, because of past promises by the City to do the work when the area was annexed to the City. John Meza, Chula Vista resident, suggested that the City assist with costs associated with the driveway approach openings. He asked for consideration to allow him to do his own driveway work. Mayor Cox asked staff to respond to the speakers' comments. Director Hopkins stated that staff would meet with Mr. Meza to see if there may be an opportunity for flexibility with work on his driveway. There being no further members of the public who wished to speak, Mayor Cox closed the public heazing, and asked the City Clerk to tabulate the final ballot count. Councilmember Thompson suggested looking at reasonable leveraging of the percentage of the residents' portion of the total costs for street improvements, in order to increase neighborhood participation and home values. Deputy Mayor Ramirez asked staff to look at the remaining amount of loan funding for the project, and to take a proactive approach towazds street improvements for azeas of greater public benefit. Page 4 -Council Minutes January 5, 2010 PUBLIC HEARINGS (Continued) Councilmember Thompson asked staff to provide an information memorandum to the Council on the status of the current street improvement project and remaining available funds. City Clerk Norris reported the results of the ballot tabulation, stating that there were 18 ballots cast, some of which carried a weighted vote, with 14 weighted votes received in favor, and 9 votes opposed, resulting in the passage of the proposed assessment district. ACTION: Councilmember Cox moved to adopt the following Resolution No. 2010-004, heading read, text waived: RESOLUTION NO. 2010-004, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2009-01 (OXFORD STREET), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO Councilmember Castaneda seconded the motion and it carried 5-0. CONSIDERATION OF PARTICIPATION IN THE CALIFORNIAFIRSTPRQGRAM The City has been working with California Communities to establish the statewide CaliforniaFIRST Program which would allow property owners in participating cities and counties to voluntarily finance renewable energy, energy efficiency, and water efficiency improvements on their property. The improvements would be financed by the issuance of bonds by California communities which would lery "contractual assessments" on the owner's property to repay their portion of the bonds. The program set-up fees necessary for city participation will be covered through either existing budgeted funds or a potential State Energy Program grant in collaboration with Sacramento County, if awarded. (Director of Conservation & Environmental Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Director of Conservation and Environmental Services Meacham and Environmental Resource Manager Reed gave a presentation about the proposed CaliforniaFIRST Property-Assessed Clean Energy programs. City Attorney Miesfeld stated that the Council had a deadline of January 18, 2010 to submit its approval for participation in the program, and that entering into the Joint Powers Agreement would not obligate the City to continue with the program, should the collaborative entity be unsuccessful with its grant application. Erica Johnson, San Diego resident, representing Sullivan Solar Power, spoke in support of the proposed collaborative program. Page 5 -Council Minutes January 5, 2010 PUBLIC HEARINGS (Continued) Councilmember Bensoussan asked whether the program would require the use of local contractors and suppliers. Director Meacham responded that the City would be working collaboratively with the County, and to the extent possible, they would use local contractors and suppliers. Councilmember Thompson stated there was a need for proactive measures for making bulk purchases through local vendors, to the extent that the program would allow, in order to increase sales tax revenues for the City. ACTION: Councilmember Bensoussan moved to adopt the following Resolution Nos. 2010- 005 and 2010-006, headings read, text waived: A. RESOLUTION NO. 2010-005, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AUTHORIZING THE CITY OF CHULA VISTA TO JOIN THE CALIFORNIAFIRST PROGRAM, ESTABLISHED AND ADMINISTERED BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, (2) AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, AS PART OF THE CALIFORNIAFIRST PROGRAM, TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS, AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF CHULA VISTA, (3) AUTHORIZING RELATED ACTIONS, AND (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH PARTICIPATING IN THE CALIFORNIAFIRST PROGRAM B. RESOLUTION NO. 2010-006, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE COUNTY OF SACRAMENTO, AS LEAD COLLABORATIVE ENTITY, TO APPLY FOR CALIFORNIA ENERGY COMMISSION STATE ENERGY PROGRAM GRANT FUNDS ON BEHALF OF THE CITY OF CHULA VISTA, TO ADMINISTER SUCH FUNDS IF RECEIVED TO IMPLEMENT THE CALIFORNIAFIRST PROGRAM, AND MAKING CALIFONRIA ENVIRONMENTAL QUALITY ACT FINDINGS Councilmember Castaneda seconded the motion and it carried 5-0. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Sandoval referenced a memorandum on the dais dated January 4, 2010 regarding San Diego Metropolitan Transit System's (MTS) service reductions update, and a plan between staff and MTS to retain some Sunday bus route services. He announced that the January 7, 2010 Council Workshop and January 19, 2010 Council Meeting would be cancelled. Page 6 -Council Minu[es January 5, 2010 9. MAYOR'S REPORTS A. Ratification of appointment of Paul Souval to the Friends of the Chula Vista Nature Center governing boazd. ACTION: Mayor Cox moved to appoint Paul Souval to the Friends of the Chula Vista Nature Center Governing Board. Councilmember Castaneda seconded the motion and it carried 5-0. B. Appointment of Councilmembers Bensoussan and Thompson to work with the City Attorney and stakeholder representatives on issues related to the Abandoned Residential Property Registration ordinance. ACTION: Mayor Cox moved to appoint Councilmembers Bensoussan and Thompson as designees on the Registration of Abandoned Residential Properties ordinance. Deputy Mayor Ramirez seconded the motion and it carried 5-0. C. Update from Port Commissioner Stephen Padilla. Mayor Cox announced that this item was postponed to the Council Meeting of January 12, 2010. Mayor Cox commented on her recent receipt of a status update from the San Diego County Regional Airport Authority on the Airport Land Use Compatibility Plan, stating that she would be inviting an Airport Authority representative to provide the Council an update at a future Council Meeting. She encouraged everyone to visit the Nature Center, and to adopt a pet from the Chula Vista Animal Shelter. 10. COUNCILMEMBERS' COMMENTS Councilmember Castaneda: Discussion regazding an ordinance prohibiting and/or restricting the sale of tobacco near schools. Councilmember Castaneda introduced the item for Council consideration and support to refer the proposed ordinance to the City Attorney for review, and to bring the matter back for Council consideration. Steven Pavka, Chula Vista resident, spoke in opposition to the proposed ordinance. Samantha Dabish, El Cajon resident, representing the Neighborhood Market Association, spoke in opposition to the proposed ordinance, stating that it would negatively impact business operations by neighborhood retailers, and would prohibit the transfer of tobacco licenses. She asked the City to partner with the Neighborhood Market Association to address the issues. Willard Howard, Chula Vista resident, spoke in opposition to the proposed ordinance. Gazy Woodson, Chula Vista resident, representing Palavra Tree, spoke in support of the proposed ordinance. Ted Kennedy, Chula Vista resident, stated that if the ordinance was adopted, the grandfather clause should be eliminated. He suggested stricter enforcement of existing tobacco laws. Page 7 -Council Minutes January 5, 2010 OTHER BUSINESS (Continued) Mayor Cox stated there was a need for stricter enforcement of the existing tobacco sales laws with consequences to those who sell tobacco to minors, and suggested forming partnerships with such organizations as the Neighborhood Mazket Association. Councilmember Thompson stated that he could not support the proposed ordinance and suggested looking at criteria other than ageographic-based ordinance, and exploring more creative sentencing for underage smokers. Deputy Mayor Ramirez questioned the effectiveness of the proposed ordinance, stating that the existing laws were sufficient. ACTION: Councilmember Castaneda moved to refer to the City Attorney's Office, a proposed ordinance for stricter regulations and consequences regazding the sale of tobacco to minors. Councilmember Bensoussan spoke of the need to look at more creative solutions to curb smoking behaviors, to encourage a smoke free environment, and to work with the Neighborhood Market Organization. Further discussion ensued on the matter. Councilmember Thompson seconded the motion by Councilmember Castaneda. Mayor Cox suggested that Councilmembers Castaneda and Thompson address the comments made by the Council, and to 1) offer options other than geographic restrictions; 2) place focus on the consequences for violators of the law; and 3) work with organizations such as the Neighborhood Mazket Association. Councilmembers Castaneda and Thompson withdrew the original motion. ACTION: Councilmember Castaneda moved to refer the matter to the City Attorney's office to look at options for the City to increase its enforcement authority as it relates to retailers that violate the laws restricting the sale of tobacco products to minors. Councilmember Thompson seconded the motion. Mayor Cox suggested that rather than refer the matter to the City Attorney's office, that Councilmembers Castaneda and Thompson coordinate a task force to assist the Attorney's office on the matter. ACTION: Councilmember Castaneda amended the motion for the formation of a task force of Councilmembers Castaneda and Thompson to address the matter with advice from staff as available, and to bring the matter back for Council discussion at a future date. Councilmember Thompson seconded the motion and it carried 5-0. Page 8 -Council Minutes January 5, 2010 OTHER BUSINESS (Continued) Deputy Mayor Ramirez thanked City Manager Sandoval and staff for their participation in his recent Public Office Hours meeting regarding community issues about the Rienstra Pazk. Deputy Mayor Ramirez requested that staff provide the Council with information of the process to prohibit alcohol at a City park, and to place the matter under Council Comments on the January 26, 2010 Council agenda. Councilmember Bensoussan invited interested parties to attend the Chula Vista Centennial Committee of 100 planning meeting on January 21, 2010 at 6:30 p.m. in the Council Chambers. She applauded Nature Center Director Martin and staff on their new crab exhibits, and she urged the public to visit the Nature Center. ADJOURNMENT At 6:44 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on January 12, 2010, at 4:00 p.m., in the Council Chambers. /~ `/ Lorraine Bennett, CMC, Deputy City Clerk Page 9 -Council Minutes 7anaary 5, 2010