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HomeMy WebLinkAbout2011/07/12 Item 01DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 22, 2011 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar (amved at 3:10 p.m.), Bensoussan, Castaneda, Ramirez (arrived at 3:10 p.m.), and Mayor Cox ABSENT: None. Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:10 p.m., the Council convened in Closed Session CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes of Closed Sessions are maintained by the City Attorney. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: South Bay Power Plant Property located at 990 Bay Boulevazd, Chula Vista, California Described as follows: Parcel 1 of Parcel Map No. 18185 in the County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County, December 30, 1998, as File No. 1998-858614 of Official Records, excluding the "Electrical Substation" and "Park Notch" Parcels. Agency Negotiators: Jim Sandoval, Scott Tulloch, Glen Googins and Bart Miesfeld Negotiating Parties: Dynegy South Bay, LLC and the San Diego Unified Port District Under Negotiation: Price and Terms for Lease Assignment and Assumption, Renewal and/or Renegotiation, and Related Obligations 2. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) • One Case. Page 1 -Council Minutes March 22, 2011 ~ ~_l. DRAFT 3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A) Deanna Michelle Mory v. City of Chula Vista, United States District Court, Case No. l Ocv252-JLS(WVG); B) U.S. ex rel Hendrix v. J-M Manufacturing Co. Inc. et al , United States District Court, Case No. ED CV-06-00055-GW; C) Justin Thomas Ladou v. Citv of Chula Vista. et al., United States District Court, Case No. 09cv 1438-BEN(NLS) ADJOURNMENT At 4:20 p.m., Mayor Cox adjourned the meeting to the Regulaz City Council Meeting on February 22, 2011, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk / Page 2 -Council Minutes nn Mazch 22, 2011 l"~ _ ~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 22, 2011 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:24 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez, and Mayor Cox ABSENT: None. ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Sr. Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Bensoussan led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY 100 CENTENNIAL SECONDS - www.chulavistal00.com Mayor Cox presented historic photographs of Chula Vista. PRESENTATION BY COUNCILMEMBER PAMELA BENSOUSSAN OF THE CALIFORNIA SUSTAINABILITY ALLIANCE'S 2010 SUSTAINABILITY SHOWCASE AWARD FOR LOCAL GOVERNMENTS Mayor Cox recognized and congratulated Councilmember Bensoussan on being named Woman of the Year in the 79th Assembly District by Assembly Member Ben Hueso at a recent reception at the State Capitol. Councilmember Bensoussan commented on the City's recent receipt of the Sustainability Showcase Awazd. She thanked local businesses for their partnership with the City on its Sustainability efforts, and thanked staff for its work. She suggested that the various awards received by the City be displayed in City Hall in conjunction with the City's Centennial. PRESENTATION OF A PROCLAMATION TO SOUTHWESTERN COLLEGE WOMEN'S CROSS COUNTRY TEAM PROCLAIMING TUESDAY, MARCH 22, 2011, AS SOUTHWESTERN COLLEGE WOMEN'S CROSS COUNTRY TEAM DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Aguilar presented it to the members of the cross-country team. Page 1 -Council Minutes March 22, 2011 I ~ -~ DRAFT CONSENT CALENDAR (Items 1-8) Councilmember Castaneda stated that he would be abstaining from voting on Item 7, due to a potential conflict of interest with the nature of his business with the Otay Water District. Councilmember Aguilaz stated that she would be abstaining from voting on Item 1, since she was not seated on the Council on the date the minutes were taken. 1. This item was removed from the Consent Calendar. 2. ORDINANCE NO. 3188, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE (1) SECTION 21353 (2% @ 60 FORMULA) TO ALL LOCAL MISCELLANEOUS MEMBERS, (2) SECTION 21363.1 (3% @ 55 FORMULA) TO ALL LOCAL SAFETY MEMBERS, AND (3) SECTION 20037 (THREE-YEAR FINAL COMPENSATION) TO ALL LOCAL MISCELLANEOUS AND LOCAL SAFETY MEMBERS, WHO ARE ENTERING MEMBERSHIP FOR THE FIRST TIME AFTER THE EFFECTIVE DATE OF THIS CONTRACT AMENDMENT (SECOND READING AND ADOPTION) (Director of Human Resources) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2011-048, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TITLE CHANGES TO POSITIONS IN THE FIRE DEPARTMENT AND AMENDING THE CLASSIFICATION PLAN AND SALARY TABLE TO REFLECT THE TITLE CHANGES FOR FIRE PREVENTION ENGINEER TO FIRE PREVENTION ENGINEER/FIRE INVESTIGATOR, SENIOR FIRE INSPECTOR TO SENIOR FIRE INSPECTOR/FIRE INVESTIGATOR, FIRE INSPECTOR II TO FIRE INSPECTOR II/FIRE INVESTIGATOR AND FIRE INSPECTOR I TO FIRE INSPECTOR UFIRE INVESTIGATOR (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4. HOUSING ELEMENT 2010 ANNUAL PROGRESS REPORT (Assistant City Manager/Development Services Director) Staff recommendation: Council accept the report RESOLUTION NO. 2011-049, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AND AWARDING A CONTRACT FOR THE "PAVEMENT MAJOR REHABILITATION FISCAL YEAR 2009/2010 (STL354)" PROJECT TO TC CONSTRUCTION COMPANY, INCORPORATED IN THE AMOUNT OF $1,131,802.50, 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 Minutes Mazch 22, 2011 ~- DRAFT CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2011-050, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE BID OF THE FIRST LOWEST BIDDER AS NON-RESPONSIVE AND AWARDING THE CONTRACT TO THE SECOND LOWEST BIDDER FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2010/2011 (CIP JY065Q)" PROJECT TO PALM ENGINEERING CONSTRUCTION COMPANY INC. IN THE AMOUNT OF $73,158 (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. This item was removed from the Consent Calendaz. 8. RESOLUTION NO. 2011-052, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $3,982 IN UNANTICIPATED REVENUE TO THE CONSTRUCTION & REPAIR BUDGET AND AMENDING THE FISCAL YEAR 2010/2011 PUBLIC WORKS DEPARTMENT BUDGET (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffls recommendations and offered Consent Calendar Items 2 through 6, and 8, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. APPROVAL OF MINUTES of November 4, 2010, November 9, 2010, and November 23, 2010 Staff recommendation: Council approve the minutes. ACTION: Mayor Cox moved to approve the minutes. Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with Councilmember Aguilar abstaining. 7. RESOLUTION NO. 2011-051, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, OTAY WATER DISTRICT, AND SWEETWATER AUTHORITY CREATING THE CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING THE FUNCTIONS AND DUTIES THEREOF (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendaz Item 7, heading read, text waived. Deputy Mayor Ramirez seconded the motion and it carved 4-0-1, with Councilmember Castaneda abstaining. Page 3 -Council Minutes March 22, ?011 IR-3 DRAFT PUBLIC COMMENTS The following members of the public spoke in favor of retaining hours of operation and services at the Norman Pazk Senior Center: Gloria Escalera, Chula Vista resident, representing Senior Unity Irene Callahan, Imperial Beach resident, representing N.P.S.G. Gwendolyn Pitney, Chula Vista resident, representing Norman Park Senior Center Kay Bodge, National City resident, representing Norman Pazk Senior Center Eremdora Abel, representing Women's Wellness Center Robert Corcilius, Chula Vista resident, spoke about the issue of graffiti in the City. PUBLIC HEARINGS 9. REVIEW OF THE CITY OF CHULA VISTA 2011/2012 FUNDING RECOMMENDATIONS FOR THE HOUSING AND URBAN DEVELOPMENT FEDERAL GRANT PROGRAMS (COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP PROGRAM AND EMERGENCY SHELTER GRANT (Assistant City Manager/Development Services Director) 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. Councilmember Castaneda commented on the recommendation by the City Attorney's Office that he recuse himself from participating in discussions and voting on Item 9, due to a potential conflict of interest with property he owns neaz the proposed Third Avenue Streetscape plan. To that end, he suggested that the Third Avenue issue be separated from the remainder of the fund allocations so he may participate in discussions on the item. City Attorney Googins responded that an allocation to the Streetscape Master Plan project would affect other items, since all items were inextricably linked. Further discussion ensued on the matter. At 5:05 p.m., Mayor Cox announced a meeting recess at the request of the City Attorney, in order to further clarify Councilmember Castaneda's participation with discussions on Item 9. The meeting reconvened at 5:14 p.m., with all Councilmembers present. City Attomey Googins clarified that since the Council would not be taking action on the pazk improvements component of the Third Avenue Streetscape Master Plan project, nor was it proposed to be funded for CDBG funding allocations, Councilmember Castaneda could participate fully in discussions on both Items 9 and 10. Housing Manager Mills and Community Development Specialist Dorado presented the Federal Grant Programs allocations. Mayor Cox opened the public heazing. The following members of the public spoke in favor of the proposed funding allocations for their respective programs: Page 4 -Council Minutes Mazch 22, 2011 113 - ~- DRAFT PUBLIC HEARINGS (Continued) Tom Stubberd, San Diego resident, representing Family Health Centers of San Diego Vanessa Franco, San Diego resident, representing San Diego Food Bank Dr. John O'Keefe, Chula Vista resident, representing Norman Park Senior Center MaryAnne M. Wurfell, Chula Vista resident, representing Norman Park Senior Center Peter Callstrom, San Diego resident, representing Regional Task Force on the Homeless Joe Zilvinskis, Chula Vista resident, representing Interfaith Shelter Network Margarita Holguin, Bonita/Chula Vista resident, representing Chula Vista Community Collaborative There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. The Council reviewed the proposed funding for each program. Councilmember Castaneda suggested, and the Council agreed funding should be allocated for graffiti abatement. Redevelopment and Housing Manager Mills commented that $50,000 may be available for graffiti abatement from closed prior year Capital Improvement Projects. Mayor Cox suggested having staff come back with suggestions on what other local cities aze doing regarding graffiti, and to target a $SOk dollar allocation. Redevelopment and Housing Manager Mills stated that adjustments to Community Housing Improvement Program would be made in the draft annual plan in order to allocate $50,000 for graffiti abatement. ACTION: Councilmember Aguilaz moved to schedule an additional public community meeting regarding the recommended funding allocations. Deputy Mayor Ramirez seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. ACTION ITEMS 10. CONSIDERATION OF APPROVAL OF THE FINAL DESIGN FOR THE THIRD AVENUE STREETSCAPE (Assistant City Manager/Development Services Director) Landscape Planner Williams spoke about workshops that were held to introduce the Proposed Third Avenue Streetscape Plan, and noted that as a result, changes had been made to the phase 1 design. Consultants for the project, Howard Blackson and Michael Stepner, representing P1aceMakers, presented the final proposed project. Greg Mattson, Chula Vista resident, representing Third Avenue Village Association, spoke in support of the proposed design. Page 5 -Council Minutes March 22, 201 l I R- ~ DRAFT ACTION ITEMS (Continued) Kevin O'Neill, Chula Vista resident, spoke in support of the design, but noted that $60,000 was spent to present the design to 170 people, and stated that the City needed to be cazeful with how money is spent. Larry Breitfelder, Chula Vista resident, suggested consideration of a traffic simulation test for potential traffic impacts on Third Avenue; consideration of an Olympic walk of fame feature on a portion of Third Avenue and to include exhibits characteristic of the community, such as classic boats from the Marina or Nature Center exhibits. Discussion ensued regazding landscaping and walkway themes for Third Avenue. ACTION: Councilmember Aguilaz moved to adopt the following Resolution No. 2011-053, heading read, text waived: RESOLUTION NO. 2011-053, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL DESIGN FOR THE THIRD AVENUE STREETSCAPE Councilmember Bensoussan seconded the motion and it carried 5-0. Mayor Cox recessed the meeting at 8:01 p.m. The meeting reconvened at 8:08 p.m., with all members present. 11. REPORT ON RECENT HISTORY AND STATUS OF CITY INVOLVEMENT WITH THE SOUTH BAY POWER PLANT DECOMMISSIONING, DEMOLITION AND REMEDIATION PROCESS WITH AN OPPORTUNITY FOR PUBLIC INPUT AND CITY COUNCIL DIRECTION TO STAFF REGARDING FUTURE CITY INVOLVEMENT (City Attorney) City Manager Sandoval introduced the item and gave a recount of the chronology of events towazd the removal of the South Bay Power Plant. City Attomey Googins commented on the events regazding the Power Plant leading up to the present, and highlighted progress with the demolition process. Peter Watry, Chula Vista resident stated his opposition to the process undertaken regazding the power plant demolition process. Joe Kellejian, Solana Beach resident, representing The Ecology Group, presented information about the Company's ability to perform demolition and dismantling of power plants. Laura Hunter, representing Environmental Health Coalition, spoke in support of moving forwazd with the demolition of the power plant, and commented on discussions at a recent Port Commission meeting about the demolition process. David Malcolm, San Diego resident, provided information on an agreement with Dynegy; he suggested that the Council look to secure control of funds now controlled by Dynegy to ensure that demolition of the power plant is paid for, and suggested moving forwazd with the demolition of the power plant. Page 6 -Council Minutes / Mazch 22, 2011 ~- DRAFT ACTION ITEMS (Continued) Discussion ensued regarding the Dynegy contract and associated legal costs. Further discussion ensued regazding the Council policy that limits the City Manager's authority of spending $SOk without Council approval. ACTION: Deputy Mayor Ramirez moved to remove authority by Council Policy, to the City Attorney's Office for the expenditure of $SOk without Council approval, and reduce the amount to zero. City Attorney Googins responded that any revisions to expenditure limits for the City Attorney and/or City Manager would require the adoption of an Ordinance. ACTION: Councilmember Castaneda moved that the City of Chula Vista no longer engage in discussions with Dynegy regazding the City of Chula Vista assuming Dynegy's responsibilities for the South Bay Power Plant. Councilmember Aguilar seconded the motion. Kristine Zortman, Area Real Estate Manager for the Port District, spoke regazding the rental agreement between the Port and Dynegy related to the rental property on which the power plant stands. Ms. Zortman further explained the current rent settlement agreement between Dynegy and the Port. Mayor Cox asked if there was contamination associated with demolition by Dynegy of the north tank farm. Bill Hayes, representing the Port of San Diego Environmental Department, responded that there was approximately 40 thousand tons of oil and contaminated sand that was removed from the north tank farm in 2001/2002. ACTION: Councilmember Castaneda moved to amend the motion, to direct that the City of Chula Vista no longer engage in discussions with Dynegy regarding assuming Dynegy's responsibility regarding the South Bay Power Plant, but work in concert with the Port District. Councilmember Aguilar seconded the motion and it carried 5-0. Deputy Mayor Ramirez asked for Council feedback regarding expenditures of funds by the City Attorney and City Manager without Council authorization. Discussion ensued on the matter. Councilmember Aguilar suggested scheduling on the next regular Council Agenda, discussion regazding the relationship between the City Council expenditures on outside legal Counsel and the City Council's budgetary responsibility to include procedures for authorizing the City Manager and City Attorney to expend funds that exceed $SOk. Councilmember Castaneda spoke in support of the suggestions by Deputy Mayor Ramirez and Councilmember Aguilar. Mayor Cox suggested having the City Attorney in consult with the City Manager, return to the Council with an update on the issue of authority to expend funds, and suggestions on ways to change the current practice to meet Council approval. Page 7 -Council Minutes March 22, 2011 ~~~/ DRAFT ACTION ITEMS (Continued) Deputy Mayor Ramirez suggested having staff return to the Council in 30 days with a report on the issue of authority by the City Manager and City Attorney to expend funds, and Council discussion on the matter. It was the consensus of the Council to continue Items 12 and 13 to a future Council Meeting. There was no discussion or action taken on these items. 12. REPORT REGARDING PROCESS FOR CITY COUNCIL ADDING ITEMS TO THE AGENDA (City Attorney) Staff recommendation: Council accept the report and direct staff to bring back a formal City Council policy consistent therewith for Council approval. 13. CONSIDERATION OF REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA OTHER BUSINESS 14. CITY MANAGER'S REPORTS None. 15. MAYOR'S REPORTS None. 16. COUNCILMEMBERS' COMMENTS Councilmember Castaneda commented on his recent participation on a tour of the Sacramento River Delta, and he encouraged anyone interested to take the tour. He requested placing on the next Council agenda, a resolution for Council consideration, supporting collective bargaining rights for public employees. Councilmember Bensoussan left the meeting at 11:18 p.m. Deputy Mayor Ramirez stated that he also attended the Delta tour with Councilmember Castaneda, and commented on the role of municipalities to take important positions on water issues in Sacramento. Councilmember Aguilaz acknowledged Mayor Cox on her leadership as Mayor. Page 8 -Council Minutes Mazch 22, 2011 .~- 8 DRAFT ADJOURNMENT At 11:20 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on Apri15, 2011, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 9 -Council Minutes March 22, 2011 '~-~ DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 5, 2011 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar (amved at 3:09 p.m.), Bensoussan, Castaneda, and Mayor Cox ABSENT: Councilmember Ramirez (excused). Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:09 p.m., the Council convened in Closed Session CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Glen Googins, Scott Tulloch, Kelley Bacon, Maria Kachadoorian, Dave Hanneman and Simon Silva. Employee organization: IAFF 2. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (b) • One Case ADJOURNMENT At 3:57 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on April 5, 2011, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 1 -Council Minutes Apri15, 2011 ~c-~ DRAFT SPECIAL ORDERS OF THE DAY (Continued) UPDATE ON SAN DIEGO AIRPORT AUTHORITY BY TOM SMISEK, SOUTH BAY REPRESENTATIVE Tom Smisek presented an update on the future expansion of the San Diego international Airport that included parking, north side planning of a rental facility and employee parking, collaboration with the Port Authority on various projects, and land use projects. CONSENT CALENDAR (Items 1-4) APPROVAL OF MINUTES of December 7, 2010. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2011-054, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $375,222 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO ELIGIBLE PROJECTS; (2) AMENDING THE 2010-2011 CIP BUDGET AND ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS "EUCALYPTUS PARK RIGHT-OF-WAY" (STL-376) AND "ADA CURB RAMPS FISCAL YEAR 2011/2012" (STL,-377); (3) APPROPRIATING $375,222 TO STL-376 AND STL-377 BY REALLOCATING THE CDBG-R FUNDING APPROPRIATED TO THE "THIRD AVENUE STREETSCAPE PROJECT" (STL-362); AND (4) APPROVAL OF A CONTRACT AMENDMENT WITH FAMILY HEALTH CENTERS OF SAN DIEGO (4/STHS VOTE REQUIRED) (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2011-055, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $57,812 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND (Police Chief) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2011-056, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR ELM AVENUE BETWEEN NAPLES STREET AND OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER FORMATION OF SUCH ASSESSMENT DISTRICT, AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW (Director of Public Works) Staff recommendation: Council adopt the resolution Page 2 -Council Minutes Apri15, 2011 ~~-.~ DRAFT CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendar Items 1-4, headings read, text waived. Councilmember Bensoussan seconded the motion and it carved 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Robert Corcilius, Chula Vista resident, commented on the issues of graffiti in the City. Councilmember Aguilar stated that a meeting of the Public Safety Subcommittee was scheduled for April 6, 2011 at 6:00 p.m, that would include discussions about graffiti. Councilmember Castaneda reported graffiti on the City's "Welcome to Chula Vista" sign that is located on E Street, near Interstate 5. Greg Mattson, Chula Vista resident, representing the Third Avenue Village Association, recognized and thanked City staff that participated in the planning of the Third Avenue Streetscape Master Plan and public workshops. He announced upcoming local events, including the Cinco de Mayo Festival on May 8, 2011. PUBLIC HEARINGS 5. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECENED FOR THE "I STREET SIDEWALK IMPROVEMENTS (STL363)" PROJECT PER CITY CHARTER SECTION 1009 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. Assistant Director of Engineering Quilantan introduced the item and noted the minor irregularity in the bid to Conan Construction Inc. 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 No. 2011- 057, heading read, text waived: RESOLUTION NO. 2011-057, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING THE BID, AND AWARDING THE CONTRACT FOR THE "I STREET SIDEWALK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2010/2011 (CIP STL363)" PROJECT TO CONAN CONSTRUCTION, INC. IN THE AMOUNT OF $43,753.88, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT (Director of Public Works) Councilmember Bensoussan seconded the motion and it carried 4-0 Page 3 -Council Minutes Apri] 5, 2011 11~-3 DRAFT ACTION ITEMS 6. CONSIDERATION OF REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA (Assistant City Manager/Development Services Director) City Manager Sandoval introduced Principal Planner Power and Development Planning Manager Ladiana who gave an overview of the proposed revisions. John Ziebarth, San Diego resident, representing the Chula Vista Development Oversight Committee, spoke in support of the proposed revisions. ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2011- 058, heading read, text waived: RESOLUTION NO. 2011-058, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA Councilmember Castaneda seconded the motion and it carried 4-0. OTHER BUSINESS 7. CITY MANAGER'S REPORTS City Manager Sandoval announced the upcoming Council Workshops on April 7th and 14th, and noted that the April 12th Regulaz Council Meeting was cancelled. He commented on the recent installation of the Graffiti Tracker system in the City, which has resulted in the apprehension of two tuggers. 8. MAYOR'S REPORTS • On March 25, 2011, SANDAL directed its staff to notify parties to the SBX bankruptcy and court that SANDAL plans to make an offer on purchasing SR- 125, with the price and terms to be determined. "SR-125" refers to the toll portion of the State Route. Mayor Cox provided information on what was reported out by SANDAL at its March 25, 2011 meeting regazding State Route 125. She commented on efforts to bring fireworks back to Chula Vista during its Centennial yeaz, and she asked for assistance by Council colleagues to seek donors for financial contributions. 9. COUNCILMEMBERS' COMMENTS Councilmember Castaneda requested, with Council consensus, to have staff place on the next Council agenda, an item relative to preserving collective bazgaining rights for public employees. Page 4 -Council Minutes /I April 5, 2011 1 ~ - `~ DRAFT OTHER BUSINESS (Continued) He announced the Public Safety Subcommittee Meeting scheduled for April 6, 2011, from 6:00 p.m. to 8:00 p.m., at the Norman Park Center, 270 F Street, to discuss various matters regarding advanced life support, graffiti eradication, and Police staffing. Councilmember Bensoussan announced the Centennial Home Tour on April 3Q 2011, with more information about the event at www.chulavistal00.com City Attorney Googins announced that he would be hosting a City Attorney's Office public forum on April 11, 2011, 6:30 p.m., at the South Chula Vista Library, to discuss legal mechanisms to reduce crime and disorder at apartment complexes, and a presentation on updates to the City Attorney's website. ADJOURNMENT At 5:11 p.m., Mayor Cox adjourned the meeting in recognition of the Chula Vista Police Department for its recent response to the emergency situation at the Otay Ranch Town Center incident, to the Workshop Meeting on April 7, 2011, at 6:00 p.m., in the Police Department Community Room. l~~ ~ Lorraine Bennett, CMC. Sr. Deputy City Clerk Page 5 -Council Minutes Apri15, 2011 ~p-s DRAFT MINUTES OF A JOINT WORKSHOP OF THE CITY COUNCIL, PLANNING COMMISSION, AND GROWTH MANAGEMENT OVERSIGHT COMMISSION OF THE CITY OF CHULA VISTA April 7, 2011 6:00 p.m. A joint workshop of the City Council, Planning Commission, and Growth Management Oversight Commission of the City of Chula Vista was called to order at 6:06 p.m. in the Chula Vista Police Department Community Meeting Room, 315 Fourth Avenue, Chula Vista, California ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda (arrived at 6:11 p.m.), and Mayor Cox Planning Commissioners: Bringas, Felber, Liuag, Tripp, Vinson, and Chair Spethman 'Growth Management Oversight Commissioners: Bazzel, Doud, Hall, Harry, Lizarraga, Sutton, Torres, and Chair Krogh ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Deputy City Clerk Bennett ABSENT: Councilmember Ramirez (excused) Planning Commissioner Moctezuma PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Planning Commission Chair Spethman led the Pledge of Allegiance. PUBLIC COMMENTS There were none. PUBLIC HEARING 1. REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSIONS 2011 ANNUAL REPORT (Assistant City Manager/Development Services Director) 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. City Manager Sandoval introduced the item. Page 1 - CC/PC/GMOC Minutes ~ ~ _ ~ April 7, 2011 DRAFT PUBLIC HEARING (Continued) Advanced Planning Manager Batchelder introduced Associate Planner Vanderbie, who presented a brief history and an overview of the process used by the Growth Management Overview Commission (GMOC) in gathering the data presented in its report. She then introduced GMOC Chair Krogh, who provided a summary of the 2011 Annual Report for the period of July 1, 2009 through June 30 2010, and addressed issues for the second half of 2010 and eazly 2011. He then reported on the non-compliant threshold standards for Libraries, Police, and Traffic. Libraries Chair Krogh reported that for the seventh year, the threshold for libraries was not met, and provided GMOC's recommendation to adopt a Library Facilities Master Plan that provides interim and long-term solutions to bringing the librazy system into conformance. 2. Police Chair Krogh reported that the Police Department's Priority I calls were in compliance, but the Priority II calls remained incompliant. He provided GMOC's recommendation to direct the Police Deparhnent to gather and provide the GMOC with historical, statistical and any other relative information regazding Priority II calls in time to support the GMOC's review of the standard in its top-to-bottom review of the thresholds. Traffic Chair Krogh reported that the Traffic threshold standazd was not met for Heritage Road, southbound from Telegraph Canyon Road to Olympic Pazkway. He then provided GMOC's recommendation to 1) direct City engineers to implement proposed short-term solutions to the out-of-compliance southbound segment of Heritage Road approaching Olympic Parkway; 2) direct City engineers to move in a timely manner to establish development phasing scenarios indicating necessary construction timing to connecting Heritage Road to Main Street; and 3) in cooperation with other agencies, implement strategies to increase usage of SR-125. Discussion ensued regazding the following eight compliant threshold standards: Fiscal Chair Krogh stated the recommendation by the GMOC was that within 90 days of the date of this report, an item be placed on a City Council agenda to decide whether or not to adopt a Public Facilities Development Impact Fee (PFDIF) prioritization policy or other appropriate mechanism for construction or delivery of the remaining facilities in the PFDIF fund. Commissioner Bazzel suggested adding language to staff's response to the Fiscal threshold to include relative priorities of all PFDIF projects and their effect on threshold standards. Mayor Cox introduced representatives from the two local water districts to provide independent reports. Mark Watton, General Manager, Otay Water District, presented information about the regional water supply diversification process, Otay Water District's water supply, and the future of water rates. He then described the Otay Water business model, and spoke of the planning and coordination of water resources between Otay Water and the City. Page 2 - CC/PC/GMOC Minutes ~ ~ _ ~ April 7, 2011 DRAFT PUBLIC HEARING (Continued) Peggy Strand, Assistant General Manager, Sweetwater Authority, presented information about regional and local water supplies and future water source diversification plans. She also gave an overview of Sweetwater Authority's accomplishments. Mr. Watton and Ms. Strand then answered questions presented by the Councilmembers and Commissioners regarding water rates, desalination, and diversification. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. City Manager Sandoval noted staffls concern with establishing a PFDIF priority list that may not have available funding or the ability to be met due to unforeseen circumstances. He suggested the earlier recommendation by Commissioner Bazzel include the following language in staffls response to the Fiscal component of the report: "At that time, a list of other PFDIF eligible projects would be presented to the Council, along with Staffs justification for moving forward with the proposed project, and to the extent to which proiect implementation will affect the compliance." 2. Fire and Emergency Services Chair Krogh provided GMOC's recommendation to direct the Fire Department to pursue maintenance/replacement strategies for aging equipment that will ensure that the threshold will continue to be met. 3. Schools Chair Krogh stated that both Chula Vista Elementary School District (CVESD) and Sweetwater Union High School District were in compliance, but added that there was potential for the CVESD to be non-compliant in the short-term (12-18 months), as well as five years from now. 4. Parks and Recreation Councilmember Bensoussan commented that there was no mention of parks on the west side in the GMOC report. Commissioner Bazzel responded that the Commission would be addressing issues regazding park development on the west in its top-to-bottom review. City Manager Sandoval further clarified that parks can only be looked at as they relate to growth, and suggested having staff acknowledge the deficits that exist in the west. 5. Sewer No comments. 6. Drainage No comments. Page 3 - CC/PC/GMOC Minutes .~ April 7, 2011 1~-~ DRAFT PUBLIC HEARING (Continued) 7. Air Quality Commissioner Hall suggested looking at what other cities are doing regarding air quality compliance, compared with what Chula Vista is doing. Discussion ensued regarding the following three non-compliant threshold standards: Librazies Councilmember Bensoussan suggested looking at partnerships and other innovations to meet Library thresholds, and establishing a threshold for staffing measures. Councilmember Castaneda stated there was a need to prioritize Library staffing levels before construction of new Library facilities. Mayor Cox suggested for next year's report, to consider hours of operation and staffing as measurable Library thresholds. 2. Police -Priority II Councilmember Bensoussan asked and Chief Bejarano responded, that false alarm calls had decreased by approximately twenty percent, and that staff would be working to bring forward to the Council, a proposal to increase penalties for false alarms. 3. Traffic Mayor Cox commented that SANDAG Board had authorized its staff to pursue negotiations regazding SANDAG's purchase of SR-125, located between the gap connector and the approach to 905. Commissioner Liuag recommended for the top-to-bottom review to report on growth and provide critical success factors that are not growth related. City Manager Sandoval responded that the City has established new finance policies, procedures and performance standards for each department. ACTION: Chair Spethman moved to adopt the following Planning Commission Resolution No. PCM-] 0-2Q heading read, text waived: A. RESOLUTION NO. PCM-10-20, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING THE 2011 GMOC ANNUAL REPORT, AND RECOMMENDING ACCEPTANCE BY THE CITY COUNCIL Commissioner Liuag seconded the motion and it carried 6-0, with Commissioner Moctezuma absent. Page 4 - CC/PC/GMOC Minutes April 7, 2011 I~`~ DRAFT PUBLIC HEARING (Continued) ACTION: Mayor Cox moved to adopt the following Council Resolution No. 2011-059, heading read, text waived: B. RESOLUTION NO. 2011-059, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2011 GMOC ANNUAL REPORT, AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT REPORT RECOMMENDATIONS AS PRESENTED IN THE STAFF RESPONSES AND PROPOSED IMPLEMENTING ACTIONS SUMMARY Councilmember Bensoussan seconded the motion and it cazried 4-0. ADJOURNMENT At 8:12 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on Apri] 12, 2011, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 5 - CC/PC/GMOC Minutes ~ ~ - ~ April 7, 2011