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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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