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Home My WebLink Aboutrda min 2011/03/01 ccMINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA March 1, 2011 4:00 P.M. Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were 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: Council/Agency Members: Aguilar, Bensoussan, Castaneda (arrived at 4:14 p.m.), Ramirez, and Mayor/Chair Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney/Agency Counsel Googins, 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 100 CENTENNIAL SECONDS - www.chulavistal00.com Mayor Cox introduced musical group, Tre' Tenore, scheduled to perform in the Centennial concert series. The group then performed for the audience. INTRODUCTION BY DIRECTOR OF PUBLIC WORKS RICK HOPKINS, OF EMPLOYEE OF THE MONTH, JOHN DOOLEY, PLUMBER Public Works Director Hopkins introduced employee of the month, John Dooley. Mayor Cox then read the proclamation and Deputy Mayor Ramirez presented it to Mr. Dooley. CONSENT CALENDAR (Items 1-9) Items 1, 1.2, 5, 6 and 9 were pulled from the Consent Calendar for separate consideration. Items 1 and 1.2 were removed at the request of Councilmember Aguilar; Items 5 and 6 were removed at the request of members of the public; and Item 9 was removed at the request of Mayor Cox. Councilmember Aguilar stated she would be abstaining from voting on Item 1, since she was not yet seated on the City Council for the October 26, and November 2, 2010 meetings. This item was removed from the Consent Calendar. 1.2. This item was removed from the Consent Calendar. Page ] -Council/RDA Minu[es March 1.2011 CONSENT CALENDAR (Continued) 2. A. ORDINANCE NO. 3185, ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON EAST H STREET BETWEEN HILLTOP DRIVE AND THE NORTHBOUND I-805 RAMPS FROM 40 MPH TO 45 MPH AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED LIMIT (SECOND READING AND ADOPTION) (Director of Public Works) B. ORDINANCE NO. 3186, ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON EAST ORANGE AVENUE BETWEEN HILLTOP DRIVE AND CENTERLINE OF I-805 AND ON OLYMPIC PARKWAY BETWEEN THE CENTERLINE OF I-805 AND NORTHBOUND I-805 RAMPS FROM 35 MPH TO 40 MPH AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED LIMIT (SECOND READING AND ADOPTION) (Director of Public Works) Staff recommendation: Council adopt the ordinances. ORDINANCE NO. 3187, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (SECOND READING AND ADOPTION) (4/STHS VOTE REQUIRED) (Chief of Police) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2011-033, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $103,776 FROM THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY AND APPROPRIATING $99,682 TO THE FISCAL YEAR 2011 POLICE GRANT FUND FOR THE COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM (4/STHS VOTE REQUIRED) (Chief of Police) Staff recommendation: Council adopt the resolution 5. This item was removed from the Consent Calendar. 6. This item was removed from the Consent Calendar. RESOLUTION NO. 2011-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE REPORT ESTABLISHING EACH ELEMENT OF CALIFORNIA PUBLIC CONTRACTS CODE SECTION 5103, RELIEVING MJC CONSTRUCTION FROM THEIR BID PURSUANT TO CALIFORNIA PUBLIC CONTRACTS CODE SECTION 5101, ACCEPTING THE REMAINING BIDS, AWARDING THE CONTRACT FOR THE LAUDERBACH COMMUNITY CENTER REPAIR PROJECT (CIP NO. PR312) TO M. KEVIN O'NEILL CONSTRUCTION IN THE AMOUNT OF $140,349 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 - Council/RDA Minutes March 1, 2011 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2011-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "TRAFFIC SIGNAL INSTALLATION AT SECOND AVENUE AND QUINTARD STREET (TF316)" PROJECT TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF $156,000, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. This item was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendaz Items 2, 3, 4, 7 and 8, headings read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR Item 9 was taken out of order. 9. RESOLUTION NO. 2011-038, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE LEMON TREE AS THE OFFICIAL TREE FOR THE CITY OF CHULA VISTA (Director of Public Works) Staff recommendation: Council adopt the resolution. Mayor Cox recognized centennial volunteer and member of the Chula Vista Gazden Club, Crystal Fairley, for bringing forth the idea of naming the lemon tree as the City's official tree. Peter Watry, Chula Vista resident, spoke in support of the proposed resolution. ACTION: Mayor Cox moved to adopt Resolution No. 2011-038, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. Councilmember Bensoussan announced that a tree planting ceremony was scheduled on March 12~', of 100 Eureka lemon trees, and that additional lemon trees would be available for purchase as a part of the centennial celebrations. She then presented members of the Chula Vista Gazden Club with a certificate of recognition and lemon flavored jellybeans as a token of appreciation. 1. APPROVAL OF MINUTES of October 26, 2010 and November 2, 2010 Staff recommendation: Council approve the minutes. ACTION: Mayor Cox moved to approve the minutes. Deputy Mayor Ramirez seconded the motion. Councilmember Castaneda questioned the Closed Session Minutes of November 2, 2010, Item 1(C), stating that the depiction of the action taken was only partially accurate. Mayor Cox suggested that the item be pulled from the agenda. Page 3 -Council/RDA Minutes March 1, 2011 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox offered a substitute motion to approve Item I, specifically lA, IB and 1D. Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with Councilmember Aguilar abstaining. 1.2. WRITTEN COMMUNICATIONS Letter of resignation from Chula Vista Redevelopment Corporation Director Christopher Lewis. Staff recommendation: Council accept the resignation. Councilmember Aguilaz thanked Mr. Lewis for his contributions to the City as a member of the Chula Vista Redevelopment Corporation. ACTION: Mayor Cox moved to accept the resignation. Councilmember Castaneda seconded the motion and it carved 5-0. 5. RESOLUTION NO. 2011-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $180,210 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/STHS VOTE REQUIRED) (Chief of Police) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2011-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $369,309 FROM THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY AND APPROPRIATING FUNDS THEREFOR, ADDING ONE PEACE OFFICER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE GANG REDUCTION, INTERVENTION AND PREVENTION SERVICES (4/STHS VOTE REQUIRED) (Chief of Police) Staff recommendation: Council adopt the resolution Mayor Cox noted that Items 5 and 6 would be discussed concurrently. Peter Watry, Chula Vista resident, spoke in opposition to the proposed resolutions The following members of the public spoke in support of the proposed resolutions Kathryn Lembo, San Diego resident, representing South Bay Community Services Mauricio Torre, Chula Vista resident, representing South Bay Community Services Cassandra Ramirez, Chula Vista resident Nancy Mercado, Chula Vista resident Page 4 -Council/RDA Minutes March I, 201 I ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Antonio Pizano, Chula Vista resident, representing MAAC Sandra Bishop, Chula Vista resident, representing Sweetwater Union High School District Robert Bliesh, Spring Valley resident Kathy Cien-Mayer, Chula Vista resident Daphyne Watson, Chula Vista resident, representing South Bay Community Services Olimpia Diaz Carrillo, Chula Vista resident Zoraida Gonzales, Chula Vista resident Enrique Camarena, Chula Vista resident, representing the District Attorney's Office Margarita Holguin, Bonita resident, representing the Chula Vista Community Collaborative Amaris Sanchezf, San Diego resident, representing South Bay Community Services Linda Hernandez, San Diego resident, representing South Bay Community Services Brenda Corona, Chula Vista resident Simone Seguia, National City resident Kim Sprewell, Chula Vista resident Sheryl Turcotte, National City resident Deputy Mayor Ramirez suggested periodic updates from South Bay Community Services, of the Gang Intervention Program. Councilmember Aguilar suggested for the future, to have staff work with other local social services agencies on grant funding partnerships. City Attorney Googins explained the basis for waiver of the selection process, and suggested the following additional language to be included in the resolutions for Items 5 and 6: Be it further resolved that the City Council of the City of Chula Vista finds that the service to be provided is available only from South Bay Community Services as a result of its unique performance capabilities which have been tailored specifically to the needs of the City and incorporated into the grant application, making a competitive bid process impractical or impossible. Be it further resolved that based upon the above findings, the City Council of the City of Chula Vista hereby waives the formal competitive bid procedures pursuant to CVMC Sections 2.56.070 (b)(3) (4). ACTION: Councilmember Bensoussan moved to adopt Resolution Nos. 2011-034 and 2011- 035, as amended. Councilmember Castaneda seconded the motion and it cazried 5-0. 9. This item was taken out of order and addressed prior to Item 1. PUBLIC COMMENTS Kevin O'Neill, Chula Vista resident, suggested that the City Council salaries and duties be included as part of the Executive compensation study; and to consider district elections and setting a lower pay rate for Councilmembers. Page 5 -Council/RDA Minutes March 1, 2011 At 6:11 p.m., Mayor Cox recessed the Council Meeting. The meeting reconvened at 6:32p.m., with all members present. It was the consensus of the Council to take Item 12 out of order. 12. CITY MANAGER/EXECUTIVEbIRECTOR'S REPORTS Report on status of South Bay Power Plant Project City Manager Sandoval provided background and reported on the status of the South Bay Power Plant demolition project. Port Commissioner Moore commented that there had been significant progress of the power plant demolition process in recent weeks. Discussion ensued regazding the power plant demolition and land remediation. No action was taken by the Council on this item. Item 14B was taken out of order. 14. COUNCIL/AGENCY MEMBERS' COMMENTS B. Deputy Mayor Ramirez: Consideration of calling a public meeting relating to the demolition and clean up of the South Bay Power Plant site. ACTION: Deputy Mayor Ramirez moved to call a public meeting to discuss the details of the demolition process of the South Bay Power Plant site. Councilmember Aguilaz seconded the motion. Deputy Mayor Ramirez withdrew the motion. ACTION: Councilmember Aguilaz offered a substitute motion to include on the Regular Council Agenda of March 22, 2011, an item for public discussion of the South Bay Power Plant, to the extent that it can be discussed by the Council. Deputy Mayor Ramirez seconded the motion and it carried 5-0. Item 14A was taken out of order. 14. A. Council Energy Subcommittee (Councilmembers Bensoussan and Castaneda): RESOLUTION NO. 2011-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO SUPPORT THE EXPEDITED DEMOLITION OF THE SOUTH BAY POWER PLANT (Energy Subcommittee) Council Energy Subcommittee recommendation: Council adopt the resolution. Peter Watry, Chula Vista resident, spoke in opposition to the proposed resolution. ACTION: Councilmember Bensoussan moved to adopt Resolution No. 2011-042, read in its entirety. Councilmember Castaneda seconded the motion. The motion carried 5-0. Page 6 - Council/RDA Minutes March 1, 2011 At 8:04 p.m., Mayor Cox recessed the Council Meeting. The meeting reconvened at 8:13 p.m., with all members present. ACTION ITEMS 10. A. COUNCIL RESOLUTION NO. 2011-039, AND REDEVELOPMENT AGENCY RESOLUTION NO. 2011-2037, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT AND PROMISSORY NOTE FOR THE MERGED BAYFRONT/TOWN CENTRE I PROJECT AREA (Assistant City Manager/Development Services Director) B. COUNCIL RESOLUTION N0. 2011-040, AND REDEVELOPMENT AGENCY RESOLUTION NO. 2011-2038, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY CHULA V1STA AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT AND PROMISSORY NOTE FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (Assistant City Manager/Development Services Director) Staff recommendation: Council/Agency adopt the resolutions. Council/Agency Member Castaneda stated that he would be abstaining from voting on Item 10 (A and B), due to his property holdings within 500 feet of the boundaries of the Merged Bayfront/Town Centre I and the Merged Chula Vista project azeas. He left the dais at 8:14 p.m. Council/Agency Member Ramirez stated he would be abstaining from voting on Item l OB, due to his property holdings within 500 feet of the boundaries of the Merged Chula Vista project area. City/Agency Attorney Googins explained that Council/Agency Member Ramirez could participate in the staff presentation for Item l0A and B, but could only vote on Item 10A. Assistant City Manager/Development Services Director Halbert presented information on recent developments regazding State legislation on the abolishment of redevelopment areas. ACTION: Council/Agency Member Bensoussan moved to adopt Council Resolution No. 2011-039 and Redevelopment Agency Resolution No. 2011-2037, heading read, text waived. Council/Agency Member Ramirez seconded the motion and it carried 4-0-1, with Council/ Agency Member Castaneda abstaining. ACTION: Council/Agency Member Bensoussan moved to adopt Council Resolution No. 2011-040 and Redevelopment Agency Resolution No. 2011-2038, heading read, text waived. Council/Agency Member Aguilaz seconded the motion and it carried 3-0-2, with Council/Agency Members Castaneda and Ramirez abstaining. Councilmember Castaneda returned to the dais at 8:26 p.m. Page 7 -Council/RDA Minutes March 1, 201 I ACTION ITEMS (Continued) 11. RESOLUTION NO. 2011-041, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2011 LEGISLATIVE PROGRAM (Assistant City Manager/Development Services Director) Economic Development Director Meacham presented information about the Legislative Subcommittee Program Recommendations. The Council discussed Group I, Legislation to Sponsor, Items 1-12. Councilmember Bensoussan suggested, with Council consensus, to revise Item 7 to read: "Request adequate resources ncccss~ ~~ -aa~t~I} to deter notential local impacts of cross- border crime." The Council then addressed Group II, Economic Development. Mayor Cox noted a typographical error under the Energy component in Group II to revise the last word, "changes" to "chazees." It was the consensus of the Council to revise the language under the Environmental Protection component of Group II, from "Require a Mitigated Negative Declazation (MND) for lazge projects/utility mergers" to "Support a streamlined regulatory process for dismantling and removal of the South Bay Power Plant." Councilmember Bensoussan suggested adding to Group II, a component for legislative action to promote Historic Preservation. It was the consensus of the Council to revise the language in the Fiscal Support/Home Rule component of Group II, as follows: "Provide grant distribution criteria that includes a `per capita' component ~ in addition to relying solely on `merit-based' programs. "Investigate alternative construction materials sales tax legislation that would be beneficial in making sure that Chula Vista receives its appropriate portion." It was the consensus of the Council to revise the language in the Land Use Planning component of Group II, as follows: "Streamlining CE^t.., ; ~tab:is: ~°'°rt°-~°°' °°°--~-'~°~° re ug latorv procedures for projects that promoteitig the public's health, safety & welfare." Councilmember Bensoussan suggested, with Council consensus, to delete the component, "Impose prevailing wage requirements on charter cities (Dept of Industrial Relations)"from Group III under the title "Efforts to Oppose." Page 8 - Council/RDA Minutes March 1, 2011 ACTION ITEMS (Continued) ACTION: Deputy Mayor Ramirez moved to adopt Resolution No. 2011-041, as amended, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. OTHER BUSINESS 12. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS Report on status of South Bay Power Plant Project - This item was taken out of order and addressed after the "Public Comments" portion of the agenda. City Manager Sandoval reminded the Council of the upcoming Council Workshop on March 3, 2011 at 3:00 p.m., regarding Chula Vista's Affordable Housing Program. 13. MAYOR/CHAIR'S REPORTS Mayor Cox announced the upcoming Centennial Concert on March 7th and 8th. 14. COUNCIL/AGENCY MEMBERS' COMMENTS A. This item was taken out of order and addressed after Item 14 B. B. This item was taken out of order and addressed after Item 12. Councilmember Castaneda requested, with Council consensus, that the City Attorney provide a report to the Council on the process by which the City Council may add items to a City Council Regular Meeting agenda. Councilmember Aguilaz commented on her recent participation at the Public Safety Subcommittee Meeting that included discussions about graffiti issues in the City, and consideration of additional funding for the graffiti eradication program. Also included in the meeting discussion was the status of Police Officer staffing levels. Mayor Cox suggested that the City Manager provide the Council with an update in the next couple of months, on Police Officer staffing levels. Councilmember Castaneda stated that the Public Safety Subcommittee would be working to bring a proposal to the Council in the near future regazding Police staffing. ADJOURNMENT At 9:51 p.m., Mayor Cox adjourned the meeting to the City Council Workshop Meeting on March 3, 2011, at 3:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 9 -Council/RDA Minutes March 1, 2011