HomeMy WebLinkAboutcc min 2010/04/13MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April 13, 2010
4:00 P.M.
A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 4:06
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
Dr. Lowell Billings, Chula Vista Elementary School District Superintendent led the Pledge of
Allegiance.
SPECIAL ORDERS OF THE DAY
• INTRODUCTION BY POLICE CHIEF DAVID BEJARANO, OF EMPLOYEE OF
THE MONTH, JOHN STEDMAN
Police Chief Bejarano introduced employee of the month, John Stedman. Mayor Cox read the
proclamation and Deputy Mayor Ramirez presented it to Mr. Stedman.
• PRESENTATION OF A PROCLAMATION TO THE CITY'S CLEAN TEAM,
PROCLAIMING THE WEEK OF APRIL 17 THROUGH APRIL 24, 2010, AS EARTH
WEEK IN THE CITY OF CHULA VISTA
Environmental Resource Specialist Castagnola presented upcoming events in celebration of earth
week, and invited everyone to participate in the various activities. Mayor Cox read the
proclamation and Councilmember Bensoussan presented it to Staff Member Castagnola.
• INTRODUCTION BY CHULA VISTA ELEMENTARY SCHOOL DISTRICT
SUPERINTENDENT, DR. LOWELL BILLINGS OF THE DISTRICTS 27TH
ANNUAL SPEECH CONTEST "GO GREEN/RECYCLE/GLOBAL WARMING:
WHAT CAN I DO?", AND PRESENTATION OF THE AWARD-WINNING
SPEECHES BY SIERRA LEEPER, FOURTH GRADE STUDENT, CASILLAS
ELEMENTARY; CASSANDRA LUNA, FIFTH GRADE STUDENT, MARSHALL
ELEMENTARY; AND BRENT AVERY, SIXTH GRADE STUDENT, OLYMPIC
VIEW ELEMENTARY
Page 1 -Council Minutes April 13, 2010
SPECIAL ORDERS OF THE DAY
Dr. Billings introduced the winners of the Chula Vista Elementary School District's 27th Annual
Speech Contest: Sierra Leeper, fourth grade winner; Cassandra Luna, fifth grade winner; Brent
Avery, sixth grade winner. Each student then gave a speech about the benefits of recycling.
Mayor Cox and Dr. Billings then presented each of the students with a certificate of recognition.
PRESENTATION BY LIBRARY DIRECTOR, BETTY WAZNIS, OF THE THREE
WINNING TEAMS FROM THE EIGHTH ANNUAL BATTLE OF THE BOOKS
Library Director Waznis introduced Senior Librazian Taylor, who reported on the success of the
recent Battle of the Books competition, with participation by twelve local elementary schools.
She then announced the three winning teams, Chula Vista Hills Elementary, Veterans Pazk
Elementary, and Thurgood Mazshall Elementary, and presented each team with a trophy and a
$100 gift cazd to GW School Supply.
DID YOU KNOW about the upcoming energy-efficient appliance rebate programs?
Conservation Specialist Arellano provided information about the upcoming energy efficient
appliance rebate programs.
PRESENTATION OF A PROCLAMATION TO JIM MILLER, ACTING
ADMINISTRATOR OF THE CHULA VISTA VETERANS HOME, AND CHULA
VISTA VETERANS HOME RESIDENTS, PROCLAIMING AUGUST 14, 2010 AS
KEEP THE SPIRIT OF `45 ALIVE! DAY IN THE CITY OF CHULA VISTA
Mayor Cox introduced Jim Miller and Joan DeMunbrun, representing the Chula Vista Veterans
Home, and announced that a nationwide event was scheduled for August 14, 2010 in celebration
of the 65th anniversary of the end of World Waz II. She stated that the event would be
celebrated locally on May 28, 2010 at Veterans Pazk. Mayor Cox then read the proclamation and
Councilmember Castaneda presented it to Jim Miller and Joan DeMunbnm.
PRESENTATION OF A PROCLAMATION TO TONYA TOROSIAN, EXECUTIVE
DIRECTOR OF SAN DIEGO COUNTY COMMISSION ON CHILDREN, YOUTH
AND FAMILIES, PROCLAIMING APRIL 2010 AS CHILD ABUSE PREVENTION
MONTH
Mayor Cox read the proclamation and Councilmember Thompson presented it to Ms. Torosian.
At 5:00 p.m., Mayor Cox announced a meeting recess. The meeting reconvened at 5:07 p.m.,
with all members present.
CONSENT CALENDAR
(Items 1-13)
Mayor Cox announced that Items 3, 4, 8 - 11, and 13 were removed from the Consent Calendar
for sepazate consideration. Deputy Mayor Ramirez stated that he would be abstaining from
voting on Items 9, 10, and 11, due to a potential conflict of interest with property ownership.
Page 2 -Council Minutes April 13, 2010
CONSENT CALENDAR (Continued)
Councilmember Castaneda stated he would be abstaining from voting on Item 13, due to a
potential conflict of interest with property ownership. Mayor Cox announced that Items 3, 4 and
8 would be placed on a future Council Agenda at the request of the City Attorney.
APPROVAL OF MINUTES of November 17, 2009
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Jeremy Hogan, MD, Design Review Board.
Staff recommendation: Council accept the resignation.
3. This item was removed from the Consent Calendar.
4. This item was removed from the Consent Calendar.
5. RESOLUTION NO. 2010-068, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SUPPORTING "GET CONNECTED!" IN THE STATE OF
CALIFORNIA WHICH IS A PUBLIC AWARENESS PROGRAM TO PROMOTE
INCREASED BROADBAND CONNECTIVITY AND CITY COUNCIL DIRECTION
TO THE CITY MANAGER TO FOSTER POLICIES AND ACTIONS TO PROMOTE
INCREASED BROADBAND CONNECTIVITY
Adoption of the resolution supports a broadband access throughout the state of
California (Director of Conservation and Environmental Services)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2010-069, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE
AMOUNT OF $85,781 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 remaining unclaimed for three years
may become the property of the City after certain advertising requirements are met. The
amount of $85,781 is now eligible for transfer to the General Fund. (Chief of Police)
Staff recommendation: Council adopt the resolution.
Page 3 -Council Minutes April 13, 2010
CONSENT CALENDAR (Continued)
RESOLUTION NO. 2010-070, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $150,000 FROM THE CALIFORNIA
EMERGENCY MANAGEMENT AGENCY, AND APPROPRIATING FUNDS
THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND
APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY
COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE
CASES (4/5TH VOTE REQUIRED)
The Police Department and South Bay Community Services have been working in
partnership for the past twelve yeazs providing domestic violence services to the
community. Adoption of the resolution accepts grant funding from the California
Emergency Management Agency for Domestic Violence Response Team services and
approves a contractual agreement with South Bay Community Services to provide
services for domestic violence cases. (Chief of Police)
Staff recommendation: Council adopt the resolution.
8. This item was removed from the Consent Calendar.
9. This item was removed from the Consent Calendar.
10. This item was removed from the Consent Calendar.
11. This item was removed from the Consent Calendaz.
12. RESOLUTION NO. 2010-074, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $77,694 IN
UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS
THE LEAD AGENCY FOR THE REGIONAL USED OIL AND OIL FILTER
RECYCLING PROGRAM FROM THE DEPARTMENT OF RESOURCES
RECYCLING AND RECOVERY'S USED OIL RECYCLING BLOCK GRANT FOR
2010, 15TH CYCLE AND AMENDING THE FISCAL YEAR 2010 WASTE
MANAGEMENT AND RECYCLING FUND BUDGET (4/STHS VOTE REQUIRED)
The California Used Oil Enhancement Act (1999) requires the collection of four cents for
every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
purchase oil. The Act mandates that the State Department of Resources, Recycling and
Recovery (CalRecycle) use a portion of the funds to provide block grants to local
governments for used oil programs. Due to drastic cuts in funding for the grant program,
CalRecycle has encouraged jurisdictions to form regional used oil/filter recycling
programs. Chula Vista is the lead agency for a South and East County used oil recycling
program. Adoption of the resolution accepts the grant awazd of $77,694 for the Used Oil
Block Grant Recycling Program. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
13. This item was removed from the Consent Calendar.
Page 4 -Council Minutes April 13, 2010
CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent
Calendaz Items 1, 2, 5, 6, 7 and 12, headings read, text waived. Councilmember
Thompson seconded the motion and it carved 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Items 3, 4 and 8 were pulled to a future agenda at the request of the City Attorney. These items
were not discussed and no action was taken.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1)
ACCEPTING $1,999,806 IN LOAN FUNDS FROM THE CALIFORNIA ENERGY
COMMISSION TO INSTALL ENERGY EFFICIENT LIGHTING AND SOLAR
PHOTOVOLTAIC SYSTEMS AT MULTIPLE MUNICIPAL FACILITIES; (2)
APPROPRIATING $1,999,806 IN LOAN FUNDS TO THE CITY'S ENERGY
CONSERVATION FUND; (3) ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT - MULTI-SITE ENERGY EFFICIENT LIGHTING (GG210); (4)
AMENDING THE FISCAL YEAR 2009/2010 CAPITAL IMPROVEMENT
PROGRAM, AND (5) APPROPRIATING $1,999,806 OF ENERGY CONSERVATION
FUNDS TO GG210 AND TO EXISTING CAPITAL IMPROVEMENT PROJECT
GG208 (MUNICIPAL SOLAR PHOTOVOLTAIC SYSTEMS) (4/STHS VOTE
REQUIRED)
As part of the City's climate protection efforts, Chula Vista was awarded aloes-interest
loan from the Califomia Energy Commission to install energy efficient lighting and solaz
photovoltaic systems at multiple municipal sites to reduce energy use and lower the
associated greenhouse gas emissions. The loan will be combined with state and federal
incentives and grants to lower the project's net implementation costs, and will be repaid
through the annual energy cost savings. (Director of Conservation & Environmental
Services/Director of Public Works)
Staff recommendation: Council adopt the resolution
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1)
ACCEPTING $772,817 IN INCENTIVE FUNDS FROM THE CALIFORNIA SOLAR
INITIATIVE TO INSTALL SOLAR PHOTOVOLTAIC SYSTEMS AT MULTIPLE
MUNICIPAL FACILITIES; (2) APPROPRIATING $772,817 IN INCENTIVE FUNDS
TO THE CITY'S ENERGY CONSERVATION FUND; (3) AMENDING THE FISCAL
YEAR 2009/2010 CAPITAL IMPROVEMENT PROGRAM AND; (4)
APPROPRIATING $772,817 OF CITY ENERGY CONSERVATION FUNDS TO
EXISTING CIP GG208 (MUNICIPAL SOLAR PHOTOVOLTAIC SYSTEMS)
(4/STHS VOTE REQUIRED)
To lower energy costs and reduce peak energy demand, Chula Vista will be installing
solaz photovoltaic systems at 11 municipal facilities over the next 8 months. The
project's costs are being funded through aloes-interest California Energy Commission
loan and federal American Recovery & Reinvestment Act funds. In addition, $772,817
of California Solaz Initiative incentives have been reserved for the project to further
reduce net implementation costs. (Director of Conservation and Environmental
Services/Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 5 -Council Minutes April 13, 2010
CONSENT CALENDAR (Continued)
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT FOR THE "CITYWIDE ENERGY
LIGHTING RETROFIT PROJECT IN THE CITY OF CHULA VISTA, CALIFORNIA
(CIP NO. GG210)" TO AMERICAN POWER SOLUTIONS WHICH WILL BE
FUNDED THROUGH CAPITAL IMPROVEMENT PROJECT GG210 AND
REIMBURSED THROUGH THE CALIFORNIA ENERGY COMMISSION (CEC)
LOAN PROGRAM
The Citywide Lighting Retrofit Project is the second phase of a plan to install energy
saving induction and Light Emitting Diode (LED) light fixtures at multiple sites
throughout the City. This project will consist of an investigation of existing lighting
components, the design and calculations for new fixtures, and the installation of induction
and LED lighting fixtures at all City facilities. Adoption of the resolution approves a
Design Build Agreement with American Power Solutions. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2010-071, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE "PAVEMENT MAJOR REHABILITATION (OVERLAY) (STL345)"
PROJECT TO FRANK AND SON PAVING, INCORPORATED IN THE AMOUNT
OF $981,643.25, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXPEND OF ALL AVAILABLE FUNDS IN THE PROJECT
On March 24, 2010, the Director of Public Works received sealed bids for this project.
The work consists of the removal and replacement of failed asphalt concrete pavement
(dig-outs), AC pavement overlay, pedestrian ramp improvements, replacement of cold
milling, traffic loop detectors, traffic control, and striping and marking on various streets
in the City of Chula Vista. Adoption of the resolution awazds the contract to Frank and
Son Paving, Inc. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2010-072, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "G STREET SEWER IMPROVEMENT PROJECT, BETWEEN FOURTH
AVENUE AND SECOND AVENUE (SW251)," TO CASS CONSTRUCTION IN THE
AMOUNT OF $452,096, AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
On Mazch 10, 2010, the Director of Public Works received sealed bids for this project.
The work to be done consists of the removal and replacement of existing sewer pipe and
sewer manholes and other work to complete the project. Adoption of the resolution
awazds the contract to Cass Construction and authorizes the expenditure of available
funds for completion of construction. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 6 -Council Minutes April 13, 2010
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2010-073, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "OXFORD STREET IMPROVEMENTS BETWEEN THIRD AVENUE
AND ALPINE AVENUE IN THE CITY OF CHULA VISTA (STL305)" TO PAL
GENERAL ENGINEERING, INCORPORATED IN THE AMOUNT OF $1,141,264,
AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF
$1,600,000 FROM THE EXISTING SOUTHWESTERN CHULA VISTA STREET
IMPROVEMENTS PROJECT (STL306) TO STL305 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE
PROJECT (4/STHS VOTE REQUIRED)
On March 24, 2010, the Director of Public Works received twelve (12) sealed bids for
this project. The work consists of curb, gutter and sidewalk improvements, and related
street work. Adoption of the resolution awards the contract to Pal General Engineering,
Ina (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staff's recommendations and offered Resolution
Nos. 2010-071, 2010-072 and 2010-073, headings read, text waived.
Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy
Mayor Ramirez abstaining.
13. RESOLUTION NO. 2010-075, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ENTERING INTO TWO AGREEMENTS WITH THE SAN
DIEGO ASSOCIATION OF GOVERNMENTS AND ACCEPTING GRANTS FROM
THE TRANSNET SMART GROWTH INCENTIVE PROGRAM FOR FISCAL YEARS
2009/2010 AND 2010/2011
The San Diego Association of Governments (SANDAG) announced in December 2008, a
"Call for Projects" to all eligible cities interested in applying to receive TransNet Smart
Growth Incentive Program Grants. The City applied, and was awarded $2,683,900.
Adoption of the resolution establishes roles for these funds. (Development Services
Director)
Staff recommendation: Council adopt the resolution.
Mayor Cox moved to approve staff's recommendation and offered Resolution No. 2010-075,
heading read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 4-0-1,
with Councilmember Castaneda abstaining.
PUBLIC COMMENTS
Adam Sparks, representing the Third Avenue Village Association (TAVA), announced that
TAVA would be conducting monthly open forum meetings for the general public and businesses
on the last Thursday of each month, from 5:00 p.m. to 7:00 p.m. at Mangia Italiano restaurant on
Third Avenue, commencing May 27, 2010. He invited the public to access the TAVA website
for information on upcoming entertainment events.
Page 7 -Council Minutes April 13, 2010
PUBLIC HEARINGS
14. CONSIDERATION OF TERMINATION OF NEXHORIZON COMMUNICATIONS
INC., CABLE TELEVISION SYSTEM FRANCHISE, FOR FAILURE TO COMPLY
WITH MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT
NexHorizon Communications, Inc. (NexHorizon) has been operating a cable television
system pursuant to a Franchise Agreement with the City and has failed to meet certain
material provisions of the Agreement. Staff provided NexHorizon with notice identifying
the material provisions that had been violated and provided NexHorizon in excess of 30
days to correct the violations and ultimately a notice that a public hearing to consider
termination would go forwazd on November 17, 2009. NexHorizon asserts that it had not
received adequate notice of the termination hearing. Although Staff asserts that
termination and notice were conducted properly, in an effort to resolve the matter and out
of professional courtesy, staff has scheduled a second public hearing on the franchise
termination, for April 13, 2010. (Director of Conservation and 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.
Mayor Cox opened the public heazing. There being no members of the public who wished to
speak, Mayor Cox continued the heazing to the Council Meeting of May 18, 2010.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TERMINATING THE NEXHORIZON FRANCHISE AND AFFIRMING ITS
PRIOR ACTION TERMINATING THE NEXHORIZON FRANCHISE
15. CONSIDERATION OF WAIVING BID IRREGULARITIES RECEIVED FOR THE
"STREET LIGHT IMPROVEMENT ALONG EAST L STREET BETWEEN
MONSERATE AVENUE AND NACION AVENUE AND ADJOINING STREETS
(STL328)" PROJECT, AND AWARDING THE CONTRACT TO SOUTHWEST
TRAFFIC SIGNAL SERVICE
On March 10, 2010, the Director of Public Works received sealed bids for this project.
The work consists of the installation of new street light standards with a Light Emitting
Diode luminazies, and the removal and replacement of two existing overhead flashing
yellow beacons. Adoption of the resolution waives a minor clerical error and awazds the
contract to Southwest Traffic Signal Service. (Director of Public Works)
Notice of the heazing was given in accordance with legal requirements, and the heazing was held
on the date and at the time specified in the notice.
Deputy Mayor Ramirez stated that he would be recusing himself from participation on Item 15,
due to a potential property-related conflict of interest, and he then left the dais at 5:20 p.m.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
Page 8 -Council Minutes April 13, 2010
PUBLIC HEARINGS (Continued)
ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-076, heading read,
text waived:
RESOLUTION N0. 2010-076, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING
BIDS, AND AWARDING THE CONTRACT FOR THE "STREET LIGHT
IMPROVEMENT ALONG EAST L STREET BETWEEN MONSERATE
AVENUE AND NACION AVENUE AND ADJOINING STREETS (STL328)"
PROJECT TO SOUTHWEST TRAFFIC SIGNAL SERVICE IN THE AMOUNT
OF $90,071
Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy
Mayor Ramirez abstaining.
16. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR
THE "TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTION OF THIRD
AVENUE AND MONTGOMERY STREET (TF331)" PER CITY CHARTER
SECTION 1009 AND; APPROVING A REIMBURSEMENT AND LIEN
AGREEMENT FOR THE STREET IMPROVEMENTS
On February 17, 2010, the Director of Public Works received five (5) sealed bids for this
project. Adoption of the resolutions awards the contract to Ramona Paving and
Construction Corporation, and approves a reimbursement and lien agreement. The
Agreement establishes provisions for reimbursement by the Owner, the Sanchez Family
Limited Partnership, of costs incurred by the City for the construction of the public street
improvements along the east side of Third Avenue, north and south of Montgomery
Street. (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.
Mayor Cox announced that Deputy Mayor Ramirez would be abstaining from voting on Item 16.
Assistant Director of Engineering Quilantan introduced the item.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Councilmember Castaneda moved to adopt the following Resolution Nos. 2010-077
and 2010-078, headings read, text waived:
A. RESOLUTION NO. 2010-077, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING
BIDS AND AWARDING THE CONTRACT FOR THE "TRAFFIC SIGNAL
MODIFICATION AT THE INTERSECTION OF THIRD AVENUE AND
MONTGOMERY STREET (TF331)" PROJECT TO RAMONA PAVING AND
CONSTRUCTION CORPORATION, IN THE AMOUNT OF $263,493.90 AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE
PROJECT
Page 9 -Council Minutes April 13, 2010
PUBLIC HEARINGS (Continued)
B. RESOLUTION NO. 2010-078, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AND
LIEN AGREEMENT FOR THIRD AVENUE AND MONTGOMERY STREET
IMPROVEMENTS
Councilmember Thompson seconded the motion and it carried 4-0-1, with Deputy
Mayor Ramirez abstaining.
Deputy Mayor Ramirez returned to the dais at 5:25 p.m.
17. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BIDS RECEIVED
FOR THE "OTAY LAKES ROAD WIDENING -PHASE 1" PROJECT (STM355) PER
CITY CHARTER SECTION 1009
On March 29, 2010, the Director of Public Works received sealed bids for this project.
The work to be done consists of the widening of portions of Otay Lakes Road and East H
Street, traffic signal installation and modification, modification of a parking lot at Bonita
Vista High School, median modification, landscaping, and the installation of a recycled
water pipeline on behalf of the Otay Water District. Adoption of the resolution waives
the bid irregularities and awazds the contract to Southland Paving, Inc., and authorizes the
expenditure of available funds for completion of construction. (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.
Mayor Cox opened the public hearing and continued it to the City Council Meeting of Apri120,
2010.
18. CONSIDERATION BY THE CITY COUNCIL OF THE APPROVAL OF THE
GENERAL FUND SPENDING PLAN FOR THE FISCAL YEAR ENDING JUNE 30,
2011
The Spending Plan reflects the City Manager's recommended allocation of resources for
the coming fiscal yeaz, taking into account the continued impact of the economic
recession. (Director of Finance)
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.
PUBLIC HEARINGS (Continued)
City Manager Sandoval introduced the item. Finance Director Kachadoorian then provided a
summary of the reductions made in 2009/2010, and provided information on reduced revenue
projections. She then gave an overview on the Fiscal Year 2010-2011 General Fund Spending
Plan and proposed reductions.
Page 10 -Council Minutes April 13, 2010
PUBLIC HEARINGS (Continued)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
Councilmember Bensoussan suggested working with the Neighborhood Market Association to
look at an educational program for local businesses on sign regulations, working with local
appliance businesses for incentive programs to encourage the community to buy locally, and
weighing bids from local contractors higher than those from other areas. Director of
Conservation and Environmental Services Meacham responded that staff was working with local
businesses on appliance incentives and with industries for solar programs.
Councilmember Thompson suggested the idea of a task force that could be comprised of City
staff working together with the Chamber of Commerce to address ways to increase sales tax
revenues.
ACTION: Councilmember Bensoussan moved to adopt the following Resolution Nos. 2010-
079 and 2010-080:
A. RESOLUTION NO. 2010-079, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
GENERAL FUND SPENDING PLAN FOR THE CITY OF CHULA
VISTA FOR THE FISCAL YEAR ENDING JUNE 30, 2011
EXCLUDING CAPITAL PROJECTS LB 144 AND PR311
B. RESOLUTION NO. 2010-080, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
SPENDING PLAN FOR CAPITAL PROJECTS LB144 AND PR311
FOR FISCAL YEAR 2010/2011
Deputy Mayor Ramirez seconded the motion.
City Attomey Miesfeld requested that Items 18A and 18B be voted on sepazately, since Deputy
Mayor Ramirez would be abstaining on Item 18B, due to a potential property-related conflict of
interest.
ACTION: Councilmember Bensoussan moved to amend the motion to adopt Resolution No.
2010-079, heading read, text waived. Deputy Mayor Ramirez seconded the
motion.
City Attorney Miesfeld advised Deputy Mayor Ramirez to abstain on Item 18A (Resolution No.
2010-079) due to a potential property-related conflict of interest.
ACTION: Councilmember Bensoussan withdrew the motion, and Deputy Mayor Ramirez
withdrew the second.
Page 11 -Council Minutes April 13, 2010
PUBLIC HEARINGS (Continued)
ACTION: Councilmember Bensoussan moved to adopt Resolution No. 2010-079, heading
read, text waived. Councilmember Castaneda seconded the motion and it carried
4-0-],with Deputy Mayor Ramirez abstaining.
City Attorney Miesfeld then clarified that Deputy Mayor Ramirez's conflict of interest was on
Item 18B (Resolution No. 2010-080), and asked the Council to withdraw the previous vote, and
call for a vote to include Deputy Mayor Ramirez.
ACTION: The motion to adopt Resolution No. 2010-079 carried 5-0.
ACTION: Mayor Cox moved to adopt Resolution No. 2010-080, heading read, text waived.
Councilmember Thompson seconded the motion and it carried 4-0-1, with Deputy Mayor
Ramirez abstaining.
BOARDS/COMMISSIONS RECOMMENDATIONS
19. RESOLUTION NO. 2010-081, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE REVISED CITY OF CHULA VISTA
CIVIL SERVICE RULES AS APPROVED BY THE CIVIL SERVICE COMMISSION
ON MARCH 2, 2010
The City Council adopted the City of Chula Vista Civil Service Rules on February 14,
1950. In the last years, changes in laws, technology, and procedures, have resulted in
outdated rules. At its March 4, 2010 meeting, the Civil Service Commission approved
amended Civil Service Rules for submission to the City Council for its adoption.
(Director of Human Resources)
Civil Service Commission recommendation: Council adopt the resolution.
City Manager Sandoval introduced the item. Human Resources Manager Bacon then introduced
Civil Service Commission Chair James Floros, who provided an overview of the proposed
amended Civil Service Rules.
ACTION: Councilmember Castaneda moved to adopt Resolution No. 2010-081, heading
read, text waived. Councilmember Bensoussan seconded the motion and it
carried 5-0.
At 6:29 p.m., Mayor Cox announced a meeting recess. The meeting reconvened at 6:47 p.m.,
with all members present.
ACTION ITEMS
20. REPORT OF INTENTION TO OFFER EMPLOYEES IN SPECIFIED JOB
CLASSIFICATIONS WHO ARE MEMBERS OF THE CALIFORNIA PUBLIC
EMPLOYEES RETIREMENT SYSTEM (CALPERS) LOCAL MISCELLANEOUS
AND LOCAL PUBLIC SAFETY-FIRE GROUPS THE OPPORTUNITY TO RETIRE
WITHIN A DESIGNATED PERIOD AND RECEIVE TWO YEARS ADDITIONAL
SERVICE CREDIT PURSUANT TO GOVERNMENT CODE §20903
Page 12 -Council Minutes April 13, 2010
ACTION ITEMS (Continued)
In an effort to significantly reduce Fiscal Years 2011 and 2012 General Fund
expenditures and to avoid impending mandatory transfers, layoffs and demotions, it is the
City's intent to offer the Ca1PERS Two Years Additional Service Credit benefit option as
an incentive to retirement to specified classifications covered under the City's contracts
with Ca1PERS for Local Miscellaneous and Local Public Safety Fire employees. This
report is being presented to meet Ca1PERS' requirement that the estimated additional
employer contributions, which will be required in the future for providing the two years
service credit, be disclosed prior to the adoption of the resolution implementing the
option. The resolution will be presented at the May 4, 2010 Council meeting. (Director
of Human Resources)
Human Resources Director Bacon provided information about the Ca1PERS Two Years
Additional Service Credit retirement benefit option.
Discussion ensued between the Council and staff about issues with the cost-effectiveness of the
option and further reductions in staffing levels. Human Resources Director Bacon recommended
having staff bring back the item with more detailed information on the issues raised by the
Council.
ACTION: Mayor Cox moved to continue the item to May 4, 2010. Councilmember
Castaneda seconded the motion and it carried 5-0.
OTHER BUSINESS
21. CITY MANAGER'S REPORTS
City Manager Sandoval referred to a staff memorandum distributed on the dais regarding the
Chula Vista Auto Park Sign timeline and construction schedule that included a scheduled project
completion date of June 2010.
22. MAYOR'S REPORTS
Mayor Cox made the following announcements: April 20, 2010 City Council Meeting -Port
Commission update by Port Commissioner Padilla; April 21, 2010 -Committee of 100
centennial meeting in the Council Chambers; May 22, 2010 -Community Fun Run at the
Olympic Training Center; the Odadan Men's Chorus from Odawara, Japan recently participated
in a program with Southwestern College; B to B Fitness Center had a grand opening in the
Eastlake Design District; the Animal Care Facility was receiving donations to extend the
facility's cattery; and the Chula Vista Garden Club would be showcasing its hybrid Chula Vista
Geranium plant at the May 4, 2010 City Council Meeting.
Page 13 -Council Minutes April 13, 2010
OTHER BUSINESS (Continued)
23. COUNCILMEMBERS' COMMENTS
Deputy Mayor Ramirez spoke about his recent Public Office Hours meeting that included
discussion about Google's plan to build and test ultra-high speed broadband networks in one or
more trial locations across the country for new ways to help make intemet access better and
faster. To that end, he directed staff, with Council concurrence, to come back with suggestions
for a policy on ways to enhance the City's ability to keep on the cutting edge of technology.
Councilmember Castaneda congratulated Healthy Eating and Active Communities (HEAC) on
its recent graduation event for families involved in a program that provides opportunities for
families to learn about the importance of healthy eating and active lifestyles.
Councilmember Bensoussan made the following announcements: April 15, 2010, 5:30 p.m. -
Grand Opening of Eastside Sequel Boutique, located at 1292 East Palomar on; April 15, 2010,
6:00 p.m -Southwestern College Art Exhibit in the Gateway building; April 17, 2010,
9:30 a.m. -YMCA's "Healthy Kids Day" at Otay Ranch Center; Apri122, 2010 through May 1,
2010 -Onstage Playhouse production, Into the Woods; April 21, 2010 -lemon tree planting
event in celebration of Arbor Day and the City's upcoming centennial, at an original orchard
home located at 44 North Second Avenue. Councilmember Bensoussan stated that she and
Councilmember Thompson met recently with members of the Chula Vista Redevelopment
Corporation to discuss an expanded westem revitalization task force. To that end, she asked
staff, with Council concurrence, to place on the April 20, 2010 agenda, formation of an expanded
western revitalization task force.
Councilmember Thompson announced his recent appointment as the South Bay at-large
representative on the City/County Reinvestment Task Force, and stated that emphasis would be
on efforts to seek resources to enhance the City's west side.
ADJOURNMENT
At 7:51 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on
Apri120, 2010, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
Page 14 -Council Minutes April 13, 2010