HomeMy WebLinkAboutcc min 2010/10/26MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 26, 2010
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04
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 Sr. Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Ramirez led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
• OATHS OF OFFICE
Carra Rhamy
Ofelia Gutierrez
Hector Vanegas
Brett Davis
Charter Review Commission
International Friendship Commission
International Friendship Commission
Resource Conservation Commission
City Clerk Norris administered the oaths of office to the Commissioners, and Councilmember
McCann presented them each with a certificate of appointment.
• INTRODUCTION AND PRESENTATION OF THE CIUDAD DE RODRIGO, SPAIN
EXCHANGE STUDENTS AND TEACHERS BY LILIA MESA, M.A. Ed, M.A.
Lilia Mesa, representing the City's International Friendship Commission, introduced the visiting
exchange students and teachers from Spain, who presented information about Ciudad Rodrigo,
and spoke about their experiences during their visit to Chula Vista. Deputy Mayor Ramirez then
presented, on behalf of the Council, a gift of a set of flags, including the United States of
America flag, California flag, and the City of Chula Vista flag.
Page 1 -Council Minutes October 26, 2010
CONSENT CALENDAR
(Items 1-7)
Items 1 and 7 were removed from the Consent Calendaz for sepazate consideration.
Councilmember McCann stated that he would abstain from voting on Item 1, due to his absence
from the meeting, and that he would be registering a no vote on Item 7.
1. Item I was removed from the Consent Calendaz.
2. A. RESOLUTION NO. 2010-247, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE
FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND
FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS FOR THE
ANNUAL STARLIGHT PARADE ON DECEMBER 4, 2010 FROM 1 P.M. TO 10 P.M.
B. RESOLUTION NO. 2010-248, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR THE
49TH ANNUAL STARLIGHT PARADE ON DECEMBER 4, 2010
The annual Starlight Parade is a long standing holiday tradition in the community and
will be held for the 49th year in Chula Vista. For the parade, the Third Avenue Village
Association (TAVA) requests the closure of Third Avenue between "D" and "I" streets,
between Second and Fourth Avenues and portions of intersecting streets from 1 p.m. to
10 p.m. on Saturday, December 4, 2010. (Communications Coordinator)
Staff recommendation: Council adopt the resolutions.
3. A. FISCAL YEAR 2009/2010 ANNUAL FINANCIAL STATUS REPORT
B. RESOLUTION NO. 2010-249, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING FISCAL YEAR 2009/2010 BUDGET IN
ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING
AND TRANSFER AUTHORITY (4/STHS VOTE REQUIRED)
This report is provided in order to meet the City Charter requirement of publishing the
City's Combined Statement of Revenues, Expenditures and Changes in Fund Equity in
the local newspaper within 120 days of the close of the fiscal year. The statement is
scheduled for publication in the October 22nd issue of The Star News, which is the City's
adjudicated newspaper of general circulation. (Director of Finance)
Staff recommendation: Council accept the report and adopt the resolution.
4. A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED SEPTEMBER
30, 2010
Page 2 -Council Minutes October 26, 2010
CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2010-250, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING FISCAL YEAR 2010/2011 BUDGET IN
ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING
AND TRANSFER AUTHORITY AND APPROPRIATING AMOUNTS TO THE
LIBRARY DEPARTMENT AND ANIMAL CARE FACILITY BUDGETS (4/STHS
VOTE REQUIRED)
Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the
Director of Finance through the City Manager. For government entities, a budget creates
a legal framework for spending during the fiscal year. After the budget is approved there
are circumstances, which arise that could require adjustments to the approved budget.
Council Policy 220-02 "Financial Reporting and Transfer Authority" was established in
January of 1996 and allows for budget transfers to be completed. (Director of Finance)
Staff recommendation: Council accept the report and adopt the resolution.
5. RESOLUTION NO. 2010-251, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT TO POST SECURITY FOR AN AFFORDABLE HOUSING
OBLIGATION RELATED TO EL DORADO RIDGE BETWEEN THE CITY AND C V
H I, LLC
Prior to recordation of its final map, C V H I, LLC, the Developer, is conditioned to enter
into an Affordable Housing Agreement for purposes of implementing its Affordable
Housing Obligation for the El Dorado Ridge Project. Adoption of the resolution
authorizes the City Manager to approve an agreement for the Developer to post a bond as
security to satisfy this obligation prior to the issuance of building permits on the Project.
(Assistant City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2010-252, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "SECOND AVENUE IMPROVEMENTS BETWEEN NAPLES STREET TO
PALOMAR STREET (STL342)" PROJECT IN THE CITY OF CHULA VISTA,
CALIFORNIA TO SOUTHLAND PAVING, INC. IN THE AMOUNT OF $932,437,
AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL
AVAILABLE FUNDS IN THE PROJECT
On September 22, 2010, the Director of Public Works received sealed bids for the
Project. The work consists of street widening and improvements, including curb, gutter
and sidewalk, pavement widening, and related work along Second Avenue between
Naples Street and Palomaz Street. Adoption of the resolution awazds the contract to
Southland Paving, Inc., and authorizes the Director of Public Works to expend all
available funds in the project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. Item 7 was removed from the Consent Calendaz.
Page 3. - Counci] Minutes October 26, 2010
CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent
Calendaz items 2-6, headings read, text waived. Councilmember McCann
seconded the motion, and it carved 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. APPROVAL OF MINUTES of May 25, June 3 and June 8, 2010.
Staff recommendation: Council approve the minutes.
ACTION: Mayor Cox moved to approve Consent Calendar Item 1, heading read, text
waived. Councilmember Castaneda seconded the motion and it carried 4-0-],
with Councilmember McCann abstaining.
7. RESOLUTION NO. 20101-253, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA OPPOSING PROPOSITION 26 - PROPOSED
CONSTITUTIONAL AMENDMENT: STATE AND LOCAL FEES AND CHARGES:
VOTE REQUIREMENTS AND LIMITATIONS ON THE NOVEMBER 2010 BALLOT
Proposition 26 has qualified for the November 2010 ballot. The measure restricts in
vazious ways the ability of the state and local governments to adopt fees to recover the
costs of providing specific services or regulatory activities. (Assistant City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
ACTION: Councilmember Castaneda moved to adopt Resolution No. 2010-253, heading
read, text waived. Councilmember Bensoussan seconded the motion and it
carried 4-1, with Councilmember McCann voting no.
PUBLIC COMMENTS
Daniel Green, Chula Vista resident, spoke in favor of allowing medical marijuana dispensazies in
the City.
MaryAnne Wurfell, Chula Vista resident, representing the Chula Vista Senior Club and Senior
Unity Committee, spoke in support of Proposition H, and keeping the Norman Pazk Senior
Center and Librazies open. She invited the community to participate in a human chain on
October 28th at noon, in support of continued operations of the Norman Park Senior Center.
Gloria Escalera, Chula Vista resident, spoke in support of Proposition H and retaining operations
at the Norman Park Senior Center.
Theresa Accero, Chula Vista resident, spoke in favor of Proposition H.
Page 4 -Council Minutes Oc[ober 26, 2010
PUBLIC COMMENTS (Continued)
Carlos Lopez, Chula Vista resident, representing Communities Taking Action, spoke in favor of
Proposition H.
Willard Howard, Chula Vista resident, spoke in opposition to the 4:00 p.m. Council Meeting
start time.
Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke in
favor of Proposition H.
Robert Corsilis, Chula Vista resident, spoke in favor of retaining City services.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
City Manager Sandoval informed the Council that the APEX Corporation would not be pursuing
a power plant site in the City, and would instead be moving to Otay Mesa.
9. MAYOR'S REPORTS
Mayor Cox thanked the volunteers who participated in the recent Beautify Chula Vista event.
10. COUNCILMEMBERS' COMMENTS
• Councilmember Bensoussan: Chula Vista Appointment Process for the South Bay
Wildlife Advisory Group (WAG)
Councilmember Bensoussan explained that the function of the WAG was to advise the
Port/City/RDA on the development of the Natural Resource Management Plan for the Bayfront
Plan on all matters concerning wildlife and natural resources
City Attorney Miesfeld gave a brief overview of the background of the WAG, an advisory group
comprised of approximately 26 representatives, four of which City of Chula Vista may fill four
seats as follows:
• One representative nominated by the Resource Conservation Commission and ratified by
the City Council
• One Chula Vista resident from Northwest Chula Vista appointed by the Council
One Chula Vista resident from Southwest Chula Vista appointed by the Council
• One Chula Vista resident from east of I-805 appointed by the Council
Page 5 -Council Minuses October 26, 2010
OTHER BUSINESS (Continued)
Mayor Cox suggested adding an additional member to create two banks of representatives east of
I-805, perhaps I-805 to La Media and La Media to the eastern portion of the City, or east of I-
805 north of Otay Lakes Road, and east of I-805 south of Otay Lakes Road.
Councilmember McCann concurred with the suggestion by Mayor Cox for an additional member
to represent the northeast and southeast region with a dividing line at Otay Lakes Road.
Mayor Cox suggested, with Council concurrence, evaluation of the applications during the
period of November 26 through 30, 2010, and interviews scheduled the week of December 6,
2010.
ACTION: Councilmember Bensoussan moved to establish an appointment process for the
Wildlife Advisory Group (WAG), comprised of five representatives from Chula
Vista who would be representative of a northeast, northwest, southeast, southwest,
with I-805 and Otay Lakes Road being a broad geographic boundary.
Councilmember McCann seconded the motion and it carried 5-0.
Councilmember Castaneda commented on the poor lighting at Otay Park, and the need for
additional park facilities. To that end, he announced a community meeting to discuss pazk
safety, scheduled for October 27, 2010, at Otay Elementary School, 1651 Albany Avenue, from
6:00 p.m. to 8:00 p.m.
Councilmember McCann commented on the success of the recent Beautify Chula Vista event,
and he thanked City staff and I Love a Clean San Diego for their work with the event.
ADJOURNMENT
At 5:04 p.m., Mayor Cox adjourned the meeting in memory of Kitty Raso, "The Mayor of Third
Avenue" and owner of La Bella Pizza Garden, to the next Regular City Council Meeting on
November 2, 2010, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Sr. Deputy City Clerk
Page 6 -Council Minutes October 26, 2010