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HomeMy WebLinkAboutcc min 2010/12/07MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 7, 2010 4:00 P.M. A Regular 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, 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 City Attorney Miesfeld led the Pledge of Allegiance. NATIONAL ANTHEM Joey Molina performed the National Anthem. CONSENT CALENDAR (Part I -Item 1 only) ]. RESOLUTION NO. 2010-279, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THIS CITY ON NOVEMBER 2, 2010, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The Registrar of Voters has transmitted the results of the Special Municipal Election held on November 2, 2010. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, which shall adopt a resolution reciting the fact of the election. Adoption of the resolution declares the results of the Special Municipal election. (City Clerk) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendation and offered Consent Calendar Item 1, heading read, text waived. Councilmember McCann seconded the motion and it carved 5-0. Page 1 -Council Minutes December 7, 2010 Mayor Cox reported that the City Council, in the preceding Closed Session meeting regarding labor negotiations, approved an agreement with the Mid-Manager and Professionals Association members to contribute eight percent of their salazies toward their pensions. She then introduced Principal Civil Engineer Ammerman, representing the Mid-Manager and Professionals Association, who spoke on behalf of the Association, stating the importance of preserving the City services that the community relies on. SPECIAL ORDERS OF THE DAY COMMENTS IN TRIBUTE TO CITY ATTORNEY BART MIESFELD Mayor Cox paid tribute to outgoing City Attorney Miesfeld, followed by Scott Vinson, President, Chula Vista Chamber of Commerce, and Assistant City Attomey Maland. COMMENTS BY OUTGOING CITY ATTORNEY BART MIESFELD Former City Attorney Miesfeld reflected on his cazeer in the City Attorney's office, he thanked his staff, the executive team, and his family for their support. OATH OF OFFICE FOR NEWLY-ELECTED CITY ATTORNEY GLEN GOOGINS, TO BE ADMINISTERED BY SONYA GOOGINS Mrs. Sonya Googins administered the ceremonial Oath of Office to newly elected City Attorney Googins. COMMENTS BY CITY ATTORNEY GLEN GOOGINS City Attorney Googins spoke about his new role as City Attorney, and thanked his family for their support. COMMENTS IN TRIBUTE TO COUNCILMEMBER JOHN MCCANN Mayor Cox and Councilmembers Bensoussan, Castaneda and Ramirez recognized Councilmember McCann, and presented him with a proclamation. The following members of the public then paid tribute to Councilmember McCann: Mike Nash and Mazk McDonald, representing International Association of Fire Fighters L2180 Tony Stewart, Post Commander, American Legion Post 434 Steve Arends, representing Chula Vista Veterans Home Support Foundation Mazk Schaefer, Council Aide for Councilmember McCann, spoke on behalf of Christine Moore, South County Economic Development Council Greg Mattson, representing the Third Avenue Village Association Gary Sauer, representing Eastlake Optimist Club Emerald Randolph Scott Vinson, representing the Chula Vista Chamber of Commerce Brian Pepin, former Council Aide Jerry Rindone, former City Councilmember Mazk Schaefer, Jess McDevitt and Sandy Hodges, former Council Aides Greg Cox, County Supervisor Page 2 - Counci] Minutes December 7, 2070 SPECIAL ORDERS OF THE DAY (Continued) COMMENTS BY OUTGOING COUNCILMEMBER JOHN MCCANN Councilmember McCann thanked everyone for their comments, and thanked City staff for their work. OATH OF OFFICE FOR NEWLY-ELECTED COUNCILMEMBER PATRICIA AGUILAR, TO BE ADMINISTERED BY NICK AGUILAR Mr. Aguilar administered the ceremonial Oath of Office to newly-elected Councilmember Patricia Aguilaz. COMMENTS BY COUNCILMEMBER PATRICIA AGUILAR Councilmember Aguilar thanked her family and all of those who supported her. OATH OF OFFICE FOR RE-ELECTED COUNCILMEMBER RUDY RAMIREZ, TO BE ADMINISTERED BY RAQUEL RAMIREZ Raquel Ramirez administered the ceremonial Oath of Office to re-elected Councilmember Rudy Ramirez. COMMENTS BY COUNCILMEMBER RUDY RAMIREZ Councilmember Ramirez thanked his family, and spoke about public service. OATH OF OFFICE FOR RE-ELECTED MAYOR CHERYL COX, TO BE ADMINISTERED BY GREG COX County Supervisor Greg Cox administered the ceremonial Oath of Office to re-elected Mayor Cox. COMMENTS BY MAYOR CHERYL COX Mayor Cox spoke about recent successes for the City and about her priorities going forwazd. Mayor Cox announced a meeting recess at 6: ] 8 p.m. The meeting reconvened at 630 p.m. Page 3 -Council Minutes December 1, 2010 CALL TO ORDER PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez and Mayor Cox. ABSENT: None. ALSO PRESENT: City Manager Sandoval, City Attorney Googins, and Sr. Deputy City Clerk Bennett SPECIAL ORDERS OF THE DAY INTRODUCTION BY ASSISTANT CITY MANAGER GARY HALBERT, OF EMPLOYEE OF THE MONTH, ROSEMARIE RICE, PLANNING AND BUILDING SECRETARY Assistant City Manager/Development Services Director Halbert introduced employee of the month, Rosemarie Rice. Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Ms. Rice. CONSENT CALENDAR (Part II -Items 2-11) Items 2, 3, and 10 were removed from the Consent Calendaz by a member of the public for sepazate consideration. 2. This item was removed from the Consent Calendar. 3. This item was removed from the Consent Calendar. 4. RESOLUTION NO. 2010-280, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2011 BUDGET (1) TO APPROPRIATE $12,660 IN UNANTICIPATED REVENUE TO THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT BUDGET AND (2) TO TRANSFER $210,000 IN ENERGY EFFICIENCY & CONSERVATION BLOCK GRANTS INTO `CAPITAL EXPENDITURES' WITHIN CITY'S AMERICAN RECOVERY AND REINVESTMENT ACT FUND (4/STHS VOTE REQUIRED) To support implementation of a variety of environmental programs, staff is requesting two budget amendments; appropriation of $12,660 in unanticipated revenue from the City's participation in SDG&E incentive programs, to the Department of Conservation & Environmental Services' budget, to provide additional energy and water conservation services; and the transfer of $210,000 from "Supplies & Services" to "Capital Expenditures" within the American Recovery & Reinvestment Act Fund, to provide community energy efficiency incentives under the City's Home Upgrade, Carbon Downgrade program. (Director of Conservation & Environmental Services) (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 -Council Minutes December 7, 2010 CONSENT CALENDAR(Continued) 5. RESOLUTION NO. 2010-281, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING A $150,000 GRANT AGREEMENT WITH THE CALIFORNIA CENTER FOR SUSTAINABLE ENERGY FOR LOCAL IMPLEMENTATION OF THE RETROFIT CALIFORNIA PROGRAM, (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT, AND (3) APPROPRIATING $150,000 IN GRANT FUNDS TO THE CITY'S AMERICAN RECOVERY & REINVESTMENT ACT FUNDS (4/STHS VOTE REQUIRED) The Retrofit California program is a statewide consortium led by the County of Los Angeles and sponsored through the Department of Energy's American Recovery & Reinvestment Act funds to investigate innovative financing, marketing, and program delivery approaches to catalyze energy efficiency and renewable energy retrofits throughout California communities. The grant agreement with the California Center for Sustainable Energy, which is administering the program in the San Diego region, would provide the City with $150,000 over an approximately 3-yeaz period to help coordinate and provide staff support for local Retrofit California program implementation. (Director of Conservation & Environmental Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2010-282, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2011 BUDGET TO APPROPRIATE $1,362,997 FROM THE SAN DIEGO GAS & ELECTRIC LOCAL GOVERNMENT PARTNERSHIP TO THE CITY'S ENERGY CONSERVATION FUND TO CONTINUE PROVIDING ENERGY EFFICIENCY PROGRAMS AND SERVICES (4/STHS VOTE REQUIRED) In December 2009, the City of Chula Vista and San Diego Gas & Electric (SDG&E) entered into a 3-year "Local Government Partnership" agreement to provide $4,088,991 ($1,362,997 per calendar year) to support local energy efficiency services. Adoption of the resolution allows the City to continue to offer energy efficiency services in the community and at municipal facilities through calendaz yeaz 2011. (Director of Conservation & Environmental Services) (Director of Public Works) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 283, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2011 The Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan yeaz. Adoption of the resolution fulfills the City's obligation for the 2011 plan yeaz. (Human Resources Director) Staff recommendation: Council adopt the resolution. Page 5 -Council Minutes December 7, 2010 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2010-284, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE SALARY OF THE ELECTED CITY ATTORNEY In November of 2008, the residents of the City of Chula Vista voted to amend the City Charter to make the Chula Vista City Attorney an elected officer of the City. Based on the City Charter Section 503, the City Council must set the compensation for the City Attorney in accordance with the formula established by City Charter Section 503, and Ordinance No. 3147. Pursuant to that formula, the minimum compensation for the City Attorney is $203,688 annually. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2010-285, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "EMERGENCY STORM DRAIN REPAIRS AT HELIX AVENUE, EL CAPITAN DRIVE, AND EAST EMERSON STREET (DR180B-C-E)" AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF PUBLIC WORKS FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH WEST-TECH CONTRACTING INC. (4/5TH VOTE REQUIRED) In accordance with the emergency provisions of Section 1009 of the City Charter, City staff contracted the services of West-Tech Contracting, Inc. (General Engineering Contractor License No. 639767) for the repair of three storm drain facilities located at 882 Helix Avenue, 106 El Capitan Drive, and 1188 Neptune Drive. The repair was completed on February 26, 2010. This report represents the total expenditures for the repair. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. This item was removed from the Consent Calendar. 11. RESOLUTION NO. 2010-287, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO JOIN THE NATIONAL "LET'S MOVE" CAMPAIGN HEADED BY THE FIRST LADY OF THE UNITED STATES The First Lady's campaign is designed to allow cities to sign up with the United States Department of Health and Human Services to become a Let's Move! City in order to help combat childhood obesity. (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendar Items 4 - 9 and 11, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. Page 6 -Council Minutes December 7, 2010 ITEMS REMOVED FROM THE CONSENT CALENDAR 2. ORDINANCE NO. 3176, ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 10.52.465 TO CHAPTER 10.52 OF THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT PARKING CARS FOR SALE ON PUBLIC STREETS ONLY IN AREAS WHERE SIGNS ARE POSTED (SECOND READING AND ADOPTION) In response to citizen concerns involving persons conducting the business of selling vehicles on public streets, in combination with aesthetic and traffic safety concerns, the City Attorney's office and the Chula Vista Police Department recommend the adoption of a parking ordinance restricting this activity where signs are posted. This ordinance was introduced November 23, 2010. (City Attorney) Staff recommendation: Council adopt the ordinance. Mike Siry, Chula Vista resident, representing Carco Sales Finance, thanked staff for its action on the matter of parking cars for sale on public streets. Daniel Green, Chula Vista resident, suggested looking at the individuals who may be operating without a business license, rather than immediate towing enforcement. ACTION: Councilmember Castaneda moved to adopt Ordinance No. 3176, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. ORDINANCE NO. 3177, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 9.12.130 TO AUTHORIZE REMOTE CALLER BINGO (SECOND READING AND ADOPTION) The City Attorney's office has received written requests from non-profit organizations to amend the Chula Vista Municipal Code to authorize "remote caller bingo" (a type of bingo game recently authorized by state law) to enhance charitable fundraising. This ordinance was introduced November 23, 2010. (City Attorney) Staff recommendation: Council adopt the ordinance. Daniel Green, Chula Vista resident, asked if the City would potentially make money from remote caller bingo games. City Manager Sandoval responded that the City would have no financial interest in gaming. ACTION: Councilmember Castaneda moved to adopt Ordinance No. 3177, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. 10. RESOLUTION NO. 2010-286, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LETTER OF INTENT BETWEEN THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY, AND THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION REGARDING THE PROCESSING OF DOCUMENTS AND AGREEMENTS FOR A PROPOSED CITY BOUNDARY REORGANIZATION Page 7 -Council Minutes December 7, 2010 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) The proposed Letter of Intent (LOI) allows for the continued processing of the pending Gateway Development Project in accordance with the terms of the expired Memorandum of Understanding between the City of Chula Vista and the City of National City, for an additional 18 months. The LOI also calls for the cities to resume previously stalled negotiations for reorganization of the jurisdictional boundary between Chula Vista and National City. (Assistant City Manager/Development Services Director) (City Attorney) Staff recommendation: Council adopt the resolution. Daniel Green, Chula Vista resident, questioned the necessity for the proposed boundary, and asked if the City would stand to gain or lose money. Mayor Cox responded, with confirmation by City Manager Sandoval, that the item before the Council was not a financial assessment as much as a letter of intent to move forwazd with the project. Assistant City Manager/Development Services Director Halbert further summazized and explained the history of discussions between the Cities of Chula Vista and National City on the matter. ACTION: Mayor Cox moved to adopt Resolution No. 2010-286, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. PUBLIC COMMENTS Lany Breitfielder, Chula Vista resident, recognized Councilmember Aguilaz on her election to City Council. Kathleen Chers, Chula Vista resident, spoke in support of retaining pazks and recreation services in the City. Paul Sterner, Chula Vista resident spoke in support of retaining hours of operation at the Norman Park Senior Center. Kay Bodge, National City resident, representing Senior Unity, spoke in support of retaining services and hours of operation of Norman Park Senior Center. Lizbeth Magana and Leslie Sigala, Chula Vista residents, representing "Pride, Love, Generosity and Courage", spoke about a project to address the issue of graffiti in the City, and suggested the creation of a graffiti wall in a City park to eradicate the problem. Willazd Howard, Chula Vista resident, recognized Peazl Harbor on this day in 194E He suggested to stop and remember the past but not to live in the past, and to move forwazd with current business and look to the future. Daniel Green, Chula Vista resident, welcomed newly elected Councilmember Aguilaz and City Attorney Googins. He spoke about the need for transpazency by the City. He spoke in support of legal medical marijuana dispensazies in the City. Page 8 -Council Minutes December 7, 2010 PUBLIC COMMENTS (Continued) Steven Pavka, Chula Vista resident, suggested repeal of the City ordinance regarding towing fees. Tim Rhea, President, East Hills Realty, issued a challenge to businesses and individuals of a match to any dollar amount towards sustaining operations at the Norman Park Senior Center. Terry Thomas, Chula Vista resident, commented on the need to require that lobbyists in the City be registered, and spoke in support of district elections, and transparency with conducting City business. OTHER BUSINESS 12. CITY MANAGER'S REPORTS City Manager Sandoval commented that the Christmas lights at City Hall were installed by SDG&E at an estimated cost of $50 to mn the lights, paid for by Best Buy. He also commented on the success of the City's light exchange program that offers the public the opportunity to swap incandescent lights for energy efficient LED lights. 13. MAYOR'S REPORTS Mayor Cox commented on the recent Committee of 100 Centennial meeting, and she encouraged the public to view further information about the centennial book and centennial activities at www.chulavistal00.com. 14. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez suggested that the meeting adjourn in memory of Pearl Harbor. Councilmember Bensoussan welcomed Councilmember Aguilar and City Attomey Googins. She thanked former City Attorney Miesfeld for his work. Councilmember Castaneda congratulated Mayor Cox and Deputy Mayor Ramirez on their re- election to office, and Councilmember Aguilar and City Attorney Googins on their election to office. He thanked and acknowledged former City Attomey Miesfeld and his staff. Councilmember Castaneda stated that he would not be present at the next Council meeting, and that should the matter of Council Committee assignments be addressed in his absence, a memorandum was forthcoming to the Council for consideration of his interest in serving on specific committees. Mayor Cox recessed the meeting to re-convene in Closed Session at 7:42 p.m. Page 9 -Council Minutes December 7, 2010 CLOSED SESSION The following items were discussed in Closed Session. Official minutes for Closed Session aze maintained by the City Attorney. 15. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Glen Googins, Bart Miesfeld, Scott Tulloch, Kelley Bacon, Maria Kachadoorian, Richazd Kreisler and Simon Silva Employee organizations: CVEA, Mid-Managers/Professionals, IAFF, CVPOA and WCE 16. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: One case ADJOURNMENT Mayor Cox adjourned the meeting in honor of those who served and perished at Peazl Hazbor on December 7, 1941, to a Special Meeting of the City Council on December 9, 2010 at 4:00 p.m., in the Executive Conference Room, and thence to a Regular City Council Meeting on December 14, 2010, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 10 -Council Minutes December 7, 2010