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HomeMy WebLinkAboutcc min 2011/03/22MINUTES 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 4- 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 Yeaz 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 Award. 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 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. 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 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 CONSENT CALENDAR (Continued) 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. This item was removed from the Consent Calendar. 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 staff's recommendations and offered Consent Calendaz hems 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 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 Aguilaz abstaining. 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 Calendar Item 7, heading read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Page 3 -Council Minutes Mazch 22, 2011 PUBLIC COMMENTS The following members of the public spoke in favor of retaining hours of operation and services at the Norman Park 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 Erendira 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 heazing 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 sepazated 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 Attorney Googins claziSed 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 hearing. The following members of the public spoke in favor of the proposed funding allocations for their respective programs: Page 4 -Council Minutes March 22, 2011 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 Mazgazita 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 are doing regarding graffiti, and to tazget 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 Aguilar moved to schedule an additional public community meeting regazding 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 Mazch 22, 2011 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 chazacteristic of the community, such as classic boats from the Marina or Nature Center exhibits. Discussion ensued regarding 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 cazried 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 Attorney 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 regarding 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 forward 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 forward with the demolition of the power plant. Page 6 -Council Minutes March 22, 201 1 ACTION ITEMS (Continued) Discussion ensued regazding the Dynegy contract and associated legal costs. Further discussion ensued regarding 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 Aguilaz seconded the motion. Kristine Zortman, Area Real Estate Manager for the Port District, spoke regarding 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 carved 5-0. Deputy Mayor Ramirez asked for Council feedback regazding 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 regulaz Council Agenda, discussion regarding 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 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 Attomey 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 Attomey) 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 Aguilar acknowledged Mayor Cox on her leadership as Mayor. Page 8 -Council Minutes March 22, 2011 ADJOURNMENT At 11:20 p.m, Mayor Cox adjourned the meeting to the next Regular 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