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HomeMy WebLinkAbout2011/08/02 Item 01DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 19, 2011 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:00 p.m. in the Council Chambers, located in Ciry Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda (arrived at 3:12 p.m.), Ramirez, and Mayor Cox ABSENT: None. Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:02 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. 1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: • One Case (Apri14, 2011 letter from Thomas Penfield) 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): San Diego Superior Court, Case No. 37-2010-00083634-CU-BC-CTL United States Bankruptcy Court, Case No. 10-24682-EEB ADJOURNMENT At 4:00 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on April 19, 2011, at 4:00 p.m., in the Council Chambers. Lo" rraine Bennett, CMC, Sr. Deputy City Clerk Page 1 -Council Minutes April 19, 201 I I / r DRAFT April 19, 2011 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar (arrived at 4:05 p.m.), Bensoussan, Castaneda (amved at 4:05 p.m.), 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 Chula Vista Police Reserve Commander Joel Bowman led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY 100 CENTENNIAL SECONDS - www.chulavistal00.com Mayor Cox spoke about the upcoming Centennial Historic Home Tour on April 30, at the Chula Vista Heritage Museum. PRESENTATION OF A PROCLAMATION BY CHIEF DAVID BEJARANO TO JOEL BOWMAN, RESERVE COMMANDER, FOR 40 YEARS OF VOLUNTEER SERVICE TO THE CHULA VISTA POLICE DEPARTMENT Chief Bejarano introduced and recognized Reserve Commander Bowman. Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Mr. Bowman. PRESENTATION OF A PROCLAMATION TO ENVIRONMENTAL SERVICES PROGRAM MANAGER LYNN FRANCE AND ENVIRONMENTAL RESOURCE MANAGER BRENDAN REED, PROCLAIMING APRIL 2011 AS EARTH MONTH fN CHULA VISTA Environmental Resource Manager Reed presented information on the City's 2010 Major Sustainability Successes. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to staffinembers France and Reed. The following item was added to the Agenda: RECOGNITION STUDENT, ON MARATHON MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF DESIREE DAVILA, FORMER HILLTOP HIGH SCHOOL ACHIEVING SECOND PLACE FINISHER AT THE 2011 BOSTON Page 1 -Council Minutes (~ ~ I April 19, 2011 DRAFT SPECIAL ORDERS OF THE DAY (Continued) Mayor Cox recognized Ms. Davila, former Hilltop High School student, on her achievement as second place finisher at the 2011 Boston Marathon, finishing in a time of 2:22:38. CONSENT CALENDAR (Items 1-7) Items 3, 4 and 5 were removed from the Consent Calendar for sepazate consideration. Councilmember Aguilaz stated she would be abstaining from voting on Item 3, due to a potential property-related conflict of interest. With respect to Item 4, City Attorney Googins stated that Councilmember Ramirez owns property within 500 feet of the subject property of the agreement; however, upon further analysis and a private letter ruling with nearly identical facts, staff believed that he could participate in the approval of the contract. Councilmember Castaneda stated he would be abstaining from voting on Item 5, due to a potential property-related conflict of interest. 1. APPROVAL OF MINUTES of December 14, 2010. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Eric Sutton, Growth Management Oversight Commission. Staff recommendation: Council accept the resignation. B. Memorandum from Deputy Mayor Ramirez requesting excused absences for the Council Meetings of Apri15 and Apri17, 2011. Recommendation: Council excuse the absence. 3. A. This item was removed from the Consent Calendaz. B. This item was removed from the Consent Calendar. 4. This item was removed from the Consent Calendar. 5. This item was removed from the Consent Calendar. 6. A. RESOLUTION NO. 2011-064, RESOLUTOIN OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "E" STREET TO ALVARADO STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 8, 2011 FROM 4:00 A.M. UNTIL 10:00 P.M. AND WAIVING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT (Assistant City Manager/Development Services Director) Page 2 -Council Minutes ~ ~ ~ April 19, 2011 DRAFT CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2011-065, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE FROM "E" STREET TO ALVARADO STREET FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 7, 2011 FROM 4:00 A.M. UNTIL 10:00 P.M. AND WAIVING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT (Assistant City Manager/Development Services Director) C. RESOLUTION NO. 2011-066, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2011 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. RESOLUTION NO. 2011-067, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND ADOPTING THE 2010 SAN DIEGO COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN AS IT RELATES TO THE CITY OF CHULA VISTA (4/STHS VOTE REQUIRED) (Fire Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendar Items 1, 2, 6, 7, headings read, text waived Councilmember Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR A. RESOLUTION NO. 2011-060, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING GRANT AGREEMENT 5001590 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA FOR FUNDING OF RESTORATION ACTIVITIES WITHIN THE CENTRAL CITY PRESERVE AREA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENT (Assistant City Manager/Development Services Director) B. RESOLUTION NO. 2011-061, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING ATWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL INC., TO PERFORM BIOLOGICAL CONSULTING SERVICES FOR THE CENTRAL CITY PRESERVE OTAY TARPLANT AND SAN DIEGO THORNMINT RESTORATION AND ENHANCEMENT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions Page 3 -Council Minutes Aptil 19, 2011 113-3 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to adopt Resolution Nos. 2011-060 and 2011-061, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 4-0-1, with Councilmember Aguilar abstaining. 4. RESOLUTION NO. 2011-062, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ATWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ATKINS NORTH AMERICA, INC. DBA ATKINS FOR CONSULTING SERVICES RELATED TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PALOMAR GATEWAY DISTRICT SPECIFIC PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. David Danciu, Chula Vista resident, suggested including an educational component as an alternative in the Consultant's Environmental Impact Report. Earl Jentz, Chula Vista resident, spoke in favor of the suggestion by Mr. Danciu. Assistant City Manager/Development Services Director Halbert stated that the speaker's suggestions could be included as an alternative in the Environmental Impact Report. Senior Planner Tapia then provided an update on the Specific Plan for the Palomaz Gateway District. ACTION: Mayor Cox moved to adopt Resolution No. 2011-062, as amended to include possible educational uses in the prepazation of an Environmental Impact Report (EIR). Councilmember Bensoussan seconded the motion. ACTION: Councilmember Aguilar offered a friendly amendment to include the possibility of a higher education facility in the Specific Plan itself, as well as in the EIR. ACTION: Mayor Cox moved to amend the motion to include in the Specific Plan, educational uses not specifically limited to higher education. Councilmember Bensoussan seconded the motion. City Attorney Googins advised the Council to refrain from acting on the Specific Plan, since it was not part of the published item. With concurrence from Councilmember Bensoussan, Mayor Cox withdrew the motion. ACTION: Councilmember Bensoussan moved to adopt Resolution No. 2011-062, heading read, text waived, as amended to accept the scope of work for the environmental impact report and amend the scope of work to include an educational use be analyzed in that area. Mayor Cox seconded the motion, and it carried 5-0. RESOLUTION NO. 2011-063, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE 2010/2011 BUDGET OF THE THIRD AVENUE BUSINESS IMPROVEMENT DISTRICT AND AUTHORIZING THE DISBURSEMENT OF FUNDS PURSUANT TO THAT BUDGET (Assistant Ciry Manager/Development Services Director) Staff recommendation Council adopt the resolution. Page 4 -Council Minutes ~ ~ _ / 1 April 19, 2011 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to adopt Resolution No. 2011-063, heading read, text waived. Councilmember Bensoussan seconded the motion, and it carried 4-0-1, with Councilmember Castaneda abstaining due to a potential property-related conflict of interest. PUBLIC COMMENTS David Danciu, Chula Vista resident, suggested keeping the Rancho Del Rey branch library in the Library Facilities Master Plan; expend unused funds on recreation centers, pazks, and libraries; and to bring a college to the City. Glenda Devaney, Chula Vista resident, presented information about the upcoming Centennial Home Tour event on April 30, 2011. Corinne McCall, Chula Vista resident, presented information about the upcoming Centennial Home Tour kick-off party on April 29' 2011. PUBLIC HEARINGS 8. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES 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. Mayor Cox opened the public heazing. 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- 068, heading read, text waived: RESOLUTION NO. 2011-068, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION (Director of Finance) Councilmember Bensoussan seconded the motion, and it carried 5-0. 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES 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. Page 5 -Council Minutes ~ ~~- .. ~ April 19, 2011 DRAFT PUBLIC HEARINGS (Continued) 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- 069, heading read, text waived: RESOLUTION NO. 2011-069, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION (Director of Finance) Councilmember Bensoussan seconded the motion, and it carried 5-0. ACTION ITEMS 10. REPORT REGARDING PROCESS FOR CITY COUNCIL ADDING ITEMS TO THE AGENDA (City Attorney) City Attorney Googins introduced the item and gave a brief explanation of the proposed process to add items to the agenda. ACTION: Councilmember Castaneda moved to approve the policy as amended to include an amended timeframe of 2:00 p.m. for informing the City Clerk as to agendizing an item, and specificity to other kinds of flexibility, and a prescribed time for the City Clerk to distribute the e-mails to the City Council. Councilmember Bensoussan seconded the motion, and it carried 5-0. 11. CONSIDERATION OF ASSEMBLY BILL 579 (MONNING) Councilmember Castaneda introduced the item. Discussion ensued between the Council and staff. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011- 070, heading read, text waived: RESOLUTION NO. 2011-070, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING ASSEMBLY BILL NO. 579 (MONNING) ALLOWING LOCAL GOVERNMENTS TO RECOVER ATTORNEYS' FEES AFTER SUCCESSFULLY DEFENDING LOCAL MANUFACTURED HOME RENT CONTROL ORDINANCES, AND RELATED MANUFACTURED HOMEOWNER PROTECTIONS, AND PROVIDING A SPECIAL MOTION TO DISMISS SUCH LAWSUITS WITH NO PROBABILITY OF SUCCESS (City Attorney/Councilmember Castaneda) Mayor Cox seconded the motion, and it carried 5-0. Page 6 -Council Minutes t ~ _ ~ April 19, 2011 DRAFT Mayor Cox announced a meeting recess at 5:58 p.m. The meeting reconvened at 6:06 p.m., with all members present. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS SANDAG Policy Board Meeting -April 8, 2011 - SR 125 Closed Session On April 8, 2011, SANDAG's Board of Directors directed SANDAG staff to engage in good faith negotiations and to make an offer to purchase certain assets related to the operation of State Route 125, currently leased and operated by South Bay Expressway LP, upon such terms as approved by the Board in closed session and contingent upon final Board of Directors approval in a public meeting concerning financing options. Mayor Cox commented on the reportable action by SANDAG regarding State Route-125. Mayor Cox announced a redistricting forum by the County of San Diego at 6:00 p.m. in the Council Chambers. She thanked Councilmember Bensoussan and Ms. Devaney and Ms. McCall for bringing a historic home opportunity as part of the City's Centennial celebrations. She wished everyone a Happy Easter. 14. COUNCILMEMBERS' COMMENTS A. Councilmember Castaneda: Consideration of adoption of the following resolution: RESOLUTION NO. 2011-071, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING WORKERS RIGHTS Councilmember Castaneda introduced the item. The following members of the public spoke in support of the proposed resolution: Philip Lopez, Chula Vista resident, representing Southwestern College Education Association Nicholas Segura, Chula Vista resident Carla Kirkwood, San Diego resident, representing Southwestern College Educators Association Humberto Peraza, Chula Vista resident Lorena Gonzalez, San Diego resident, representing San Diego Labor Council Murtaza Baxamusa, San Diego resident, representing Family Housing Corporation Jessica Hayes, Chula Vista resident Tim Nader, Chula Vista resident Cheryl Perez spoke in support of the proposed resolution, with the exception of references to Wisconsin and Governor of Wisconsin and other states. Page 7 -Council Minutes I ?~ . 7 Apri] 19, 2011 DRAFT OTHER BUSINESS (Continued) Mayor Cox suggested modifications to the draft resolution. There was Council consensus to make minor edits to pazagraphs 4, 5, 7, 8; and 10; to strike pazagraphs 11 and 12 and any references to legislation or legislators in other states; to add a pazagraph to read: "WHEREAS, maintaining and creating good jobs is important to the nation's economic health and individual well-being; and to revise paragraphs 9 and 13 to read: (9) "WHEREAS, labor unions and collective baz ag fining helped build the middle class in this country and continue to lead in the fight to keep and create good jobs;" (13) "WHEREAS, We believe in the City of Chula Vista's employees and aze grateful for their public service." ACTION: Councilmember Castaneda moved to adopt Resolution No. 2011-071 as amended, heading read, text waived. Mayor Cox seconded the motion, and it carried 5-0. B. Public Safety Subcommittee (Councilmembers Aguilaz and Castaneda): Report and recommendation regarding Chula Vista Police Department staffing. Councilmember Aguilaz referred to a memorandum to the Mayor and Council, from the Public Safety Subcommittee dated April 13, 2011 regarding impacts of Police Officer layoffs and related recommendations by the Subcommittee. The following members of the public spoke in support of the proposed recommendations by the Subcommittee to retain police officers who were subject to layoff after May 9, 2011: Larry Breitfelder, Chula Vista resident Robert Corcilius, Chula Vista resident Chief Bejarano gave a synopsis of the information that was presented to the Public Safety Subcommittee at its Apri16, 2011 meeting regarding police officer staffing. ACTION: Councilmember Castaneda moved to support Public Safety recommendation No. 1: That the City Manager and Police Chief return to the City Council at the first meeting after May 9, 2011 and report on the number of additional police officers the City may lose. Councilmember Aguilaz seconded the motion, and it carved 5-0. ACTION: Councilmember Castaneda moved to support Public Safety Subcommittee recommendation No. 2: That the City Council recommend to the City Manager that the pending layoffs in the CVPD after May 9, 2011 be stayed, subject to Council budget workshops and meetings scheduled to occur between that date and the end of June 2011. Councilmember Aguilaz seconded the motion, and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. Page 8 -Council Minutes ' ~,~, April 19, 2011 DRAFT OTHER BUSINESS (Continued) ACTION: Councilmember Castaneda moved to support Public Safety Subcommittee recommendation No. 3: That during development of the Fiscal Year 2011/2012 budget, consideration be given to retention of those police officers subject to layoff after May 9, 2011. Councilmember Aguilaz seconded the motion, and it cazried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. City Attorney Googins stated that the recommendations would be placed on the May 3, 2011 Council agenda for formal action by the Council. Councilmember Bensoussan announced the upcoming Day of the Child event on Apri130, 2011 at Memorial Park, and the Nature Center's Wild Things Food & Wine Classic event on May 14, 2011. Deputy Mayor Ramirez referenced the recent action by SANDAG regarding the SR-125, and spoke about the potential for cross-border relations to bring toll relief for eastern sector residents. Councilmember Aguilaz reminded the community of a presentation by Dr. Steven Schoenherr, on the History of Chula Vista, on Apri120, 2011, at the Civic Center Library auditorium, at 6:00 p.m. Councilmember Aguilar requested, and there was Council consensus, to place on the next Council Agenda, discussion regarding terminating the Chula Vista Redevelopment Corporation (CVRC). ADJOURNMENT At 8:08 p.m., Mayor Cox adjourned the meeting to a Special Meeting on April 28, 2011 at 3:15 p.m., in the Executive Conference Room, and thence to the next Regular City Council Meeting on May 3, 2011, at 4:00 p.m., in the Council Chambers. i Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 9 -Council Minutes ~ 1.'~ "~ April 19, 2011 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Apri128, 2011 3:15 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:45 p.m. in the Executive Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar (amved at 3:59 p.m.), Bensoussan, Castaneda, Ramirez, and Mayor Cox ABSENT: None. 1. INTERVIEWS TO FILL ONE VACANCY ON THE CHULA VISTA REDEVELOPMENT CORPORATION BOARD ACTION: Deputy Mayor Ramirez moved to appoint Mitch Thompson as a Director of the Chula Vista Redevelopment Corporation. Councilmember Bensoussan seconded the motion, and it failed 2-3, with Mayor Cox and Councilmembers Castaneda and Aguilar opposed. ACTION: Deputy Mayor Ramirez moved to appoint David Watson as a Director of the Chula Vista Redevelopment Corporation. Councilmember Aguilar seconded the motion, and it carried 4-1, with Councilmember Bensoussan opposed. ADJOURNMENT At 4:55 p.m., Mayor Cox adjourned the meeting to a Regulaz Meeting of the City Council and Redevelopment Agency on May 3, 2011, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page I -Council Minutes ~ C "` ~ Apri128, 2011 DRAFT MINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 3, 2011 4:00 P.M. Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council/Agency Members: Aguilar, Bensoussan, Castaneda, Ramirez, and Mayor/Chair Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney/Agency Counsel Googins, City Clerk Norris, and Sr. Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE United States Border Patrol Officer Cuevas led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY 100 CENTENNIAL SECONDS - www.chulavistal00.com Mayor Cox presented historical information about the City, and announced upcoming centennial events in May. PRESENTATION OF PROCLAMATIONS TO CITY OF CHULA VISTA HUMAN RESOURCES ANALYST LINETTE ABILLE, CHULA VISTA ELEMENTARY SCHOOL DISTRICT TEACHER GERARDO MORALES, SWEETWATER AUTHORITY CUSTOMER SERVICE REPRESENTATIVE CINDY PINO, UNITED STATES BORDER PATROL OFFICER ANDRES (ANDY) CUEVAS AND HIS CANINE "TAC", AND UNITED STATES NAVY FIRST CLASS PETTY OFFICER JESSICA BRUCE, IN RECOGNITION OF THE PARTNERSHIP FOR PUBLIC SERVICE, PROCLAIMING MAY 1ST THROUGH MAY 7, 2011, AS PUBLIC SERVICE RECOGNITION WEEK IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to each of the recipients recognized. PROCLAMATION PRESENTED TO CITY OF CHULA VISTA EMPLOYEES TOM ADLER, DIEM DO, PEDRO GARCIA, PATRICK MONEDA, BRENDAN REED, FRANK RIVERA, LARRY TRAN, ROBERTO SOLORZANO, JANICE KLUTH AND SANDAG PRINCIPAL PLANNER AND HEAD OF iCOMMUTE TEAM DAN MARTIN, THE CORKY MCMILLIN COMPANIES SENIOR VICE PRESIDENT, TODD GALARNEAU PROCLAIMING MAY 2011 AS NATIONAL BIKE MONTH IN THE CITY OF CHULA VISTA Page 1 -Council/RDA Minutes I ~ _. ~ May 3, 2011 DRAFT SPECIAL ORDERS OF THE DAY (Continued) Mayor Cox read the proclamation and Councilmember Aguilar presented it to Tom Adler, who accepted it on behalf of everyone involved with biking to work and Bike Month in the City. Mayor Cox announced that the City was recently chosen as one of four cities to receive the Local Governments for Sustainability ICLEI grant for a Green Business Challenge, and that Councilmember Bensoussan had the opportunity to ring the New York Stock Exchange bell. She thanked Councilmember Bensoussan for representing the City, and thanked the Conservation Deparhnent for its work. Councilmember Bensoussan stated that 40 cities in the country applied for the grant. She briefly explained that the grant award would augment the City's green business program, and she encouraged local businesses to find out about mazketing and public relations opportunities. CONSENT CALENDAR (Items 1-7) With respect to Item 1, specifically the minutes of December 17, 2010 (Closed Session Agenda Item 1), City Attorney Googins suggested, with Council consensus, to include in the City Council's approval of the minutes, that a statement be included indicating that Councilmember Aguilar did not participate in the Chula Vista Police Officer (CVPOA) negotiations. Item 3 was removed from the Consent Calendar for separate consideration. 1. APPROVAL OF MINUTES of December 17 and 21, 2010 and January 3, 11, 12, 18 and 25, 2011. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Neisha Hernandez, Cultural Arts Commissioner. B. Letter of resignation from Robert Ross, Resource Conservation Commissioner. Staff recommendation: Council accept the resignations. 3. This item was removed from the Consent Calendar. 4. RESOLUTION NO. 2011-073, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO ENTER INTO AN AGREEMENT WITH JJJ & K INVESTMENTS TWO, LLC (JJJ & K) TO EXCHANGE 11.64 ACRES OF CITY OWNED LAND FOR 17.8 ACRES OF JJJ & K LAND (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. CONSENT CALENDAR (Continued) Page 2 -Council/RDA Minutes ' ~j . ~ May 3, 2011 DRAFT RESOLUTION NO. 2011-2043, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY (A) AUTHORIZING AN INTERFUND LOAN OF $856,613 FROM THE LOW AND MODERATE INCOME HOUSING FUND TO THE REDEVELOPMENT FUND FOR THE STATE REQUIRED SERAF PAYMENT; AND (B) AUTHORIZING NECESSARY BUDGET ADJUSTMENTS TO APPROPRIATE THE INTERFUND LOAN OF $856,613 (4/STHS VOTE REQUIRED) (Assistant City Manager/Development Services Director) Staff recommendation: Agency adopt the resolution. 6. A. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 45 MPH SPEED LIMIT ON BIRCH ROAD BETWEEN LA MEDIA ROAD AND EASTLAKE PARKWAY, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (FIRST READING) (Director of Public Works) B. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 45 MPH SPEED LIMIT ON EASTLAKE PARKWAY BETWEEN OLYMPIC PARKWAY AND HUNTE PARKWAY, AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (FIRST READING) (Director of Public Works) Staff recommendation: Council place the ordinances on first reading. RESOLUTION NO. 2011-074, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR NAPLES STREET ASSESSMENT DISTRICT NO. 2010-01, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendar Items 1, 2, and 4 through 7, headings read, text waived. Councilmember Castaneda seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR RESOLUTION NO. 2011-072, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE FISCAL YEAR 2011/2012 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP, AND THE EMERGENCY SHELTER GRANT PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECIPIENT/CONTRACTOR; AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HOUSING AND URBAN DEVELOPMENT GRANTS (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the Resolution. Page 3 -Council/RDA Minutes ,~ May 3, 2011 .a DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Redevelopment and Housing Manager Mills presented an overview and proposed funding alternatives for the 2011/2012 Annual Action Plan funding recommendations. Jeanette Lawrence, San Diego resident, representing Family Health Centers of San Diego, requested funding for the Kid Care Express Mobile Medical Unit program. Councilmember Aguilar spoke in support of full funding for graffiti abatement and proportionate reduction of other funding allocations. Mayor Cox spoke in support of the recommendations by staff, and suggested that staff work with Family Health Centers to consider allocating a portion of its existing $70,000 for Capital Improvement Projects, to the Kid Caze Express Mobile Medical Unit program. Councilmember Castaneda suggested modifying the graffiti abatement program by allocating $10,000 to the Family Health Centers of San Diego for the Kid Care Express Mobile Medical Unit program. Deputy Mayor Ramirez recommended funding the requested $30,000 to San Diego Family Health Centers of San Diego by reducing funding from the Graffiti Abatement -Private Properties program. Staffinember Mills explained the limitations of shifting funds between categories. Deputy Mayor Ramirez responded and suggested that based upon the limitations, to allocate $20,000 from Graffiti Abatement -Public Spaces program to the Kid Care Express Mobile Medical Unit program. Councilmember Bensoussan spoke in support of staff recommendations, and suggested shifting $20,000 from the Graffiti Abatement -Public Spaces program to Family Health Centers of San Diego - KidCaze Express Mobile Medial Unit program. Councilmember Aguilar commented that all of the organizations, with the exception of the Graffiti Abatement program, aze all 501 C(3) organizations, and therefore have the ability to seek funding options through other sources. Councilmember Castaneda suggested allocating $10,000 for Graffiti Abatement -Public Spaces category and $10,000 for the Kid Care Express Mobile Medical Unit program, and to have staff look at options to reprogram the $70,000 funding set aside for the Family Health Caze Centers Capital Improvement Projects. ACTION: Mayor Cox moved to adopt Resolution No. 2011-072 as amended, with the City of Chula Vista Public Works -Graffiti Abatement-Public Spaces program reduced from $20,000 to $10,000; the Family Health Centers of San Diego-KidCaze Express Mobile Medical Unit be funded at $10,000, with the request that staff work with Family Health Centers of San Diego to look at reprogramming funds from the current allocation of $70,000 for its Capital Improvements towards Kid Page 4 -Council/RDA Minutes ~~ // May 3, 2011 _. ~^'t"' DRAFT Care Express Mobile Medical Unit program, and to include the revisions in the final report for Council consideration at a future meeting. Councilmember Castaneda seconded the motion and it carried 4-1, with Deputy Mayor Ramirez voting no. ACTION: Deputy Mayor Ramirez moved to reconsider. The motion died for lack of a second. PUBLIC COMMENTS Karl Higgins, Vista resident, spoke about Volunteerism in the City. Sunshine Horton, El Cajon resident, spoke in appreciation of those who serve in Law Enforcement. Kay Bodge, National City resident, representing the Norman Park Senior Center, thanked the City for its support of retaining services at the Center, and submitted a proposal of funding suggestions for the next fiscal year. PUBLIC HEARINGS 8. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR THE "SAFE ROUTE 2 SCHOOL-LAUDERBACH ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENT CAPITAL IMPROVEMENT PROJECT NO. STM368" PROJECT PER CITY CHARTER SECTION 1009 Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2011-075, heading read, text waived: RESOLUTION NO. 2011-075, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; FINDING THAT IT IS NECESSARY FOR THE BENEFIT OF THE PUBLIC TO WAIVE IRREGULARITIES IN THE BID SUBMITTED BY PAL GENERAL ENGINEERING, INC; WAIVING SUCH IRREGULARITIES; AWARDING THE CONTRACT FOR THE "SAFE ROUTES 2 SCHOOL - LAUDERBACH ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENT CIP NO. STM368" PROJECT TO PAL GENERAL ENGINEERING, INC. IN THE AMOUNT OF $99,240; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT (Director of Public Works) Councilmember Castaneda seconded the motion and it carried 5-0. Page 5 -Council/RDA Minutes May 3, 2011 (D-~ DRAFT ACTION ITEMS 9. CONSIDERATION OF IMPLEMENTATION OF THE CLIMATE ADAPTATION PLANS Environmental Resource Manager Reed presented the Proposed Climate Change Adaptation Plans. Members of City staff then presented information about the status of the Climate Change Adaptation Plan components, including cool paving, shade tree policy, cool roofs, storm water, education and wildfires and extreme heat plans, open space, sea level rise, and green economy. Matt Adams, San Diego resident, representing the Building Industry Association, suggested that the Council consider the costs borne by developers and businesses with proposed requirements. Theresa Acerro, Chula Vista resident, spoke in support of the proposed resolution. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2011-076, heading read, text waived: RESOLUTION NO. 2011-076, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ADOPTING THE CLIMATE ADAPTATION PLANS, (2) APPROVING PARTIAL IMPLEMENTATION OF THE STRATEGIES BASED ON CURRENT FUNDING LEVELS, (3) AUTHORIZING STAFF TO PURSUE ADDITIONAL FUNDING OPTIONS, AND (4) DIRECTING STAFF TO RETURN TO COUNCIL WITHIN 180 DAYS WITH AN IMPLEMENTATION UPDATE (Director of Public Works) Councilmember Bensoussan seconded the motion and it carried 5-0. Mayor Cox recessed the meeting at 6:29 p.m. The meeting reconvened at 6:49 p.m. with all members present. 10. CONSIDERATION OF THE PUBLIC SAFETY SUB-COMMITTEE'S RECOMMENDATIONS REGARDING POLICE STAFFING Councilmember Castaneda introduced the item. Chris Manroe, representing Firefighters Loca1218Q spoke in opposition to opening one contract without giving the same opportunity to other bargaining groups, and asked for the Council to include all groups in any new contractual raises or longevity compensation for staff. John Gates, Chula Vista resident, Vice President, Chula Vista Employees Mid-Managers and Professionals Association, stated that all bazgaining groups understood the ramifications and impacts of the agreements they entered in order to meet their budget reduction targets. He spoke in opposition to disregard of an agreement reached in the collective bargaining process. Page 6 -Council/RDA Minutes ~ ~ ._ ,~ May 3, 201 I r~ DRAFT ACTION ITEMS (Continued) Kirk Ammerman, Chula Vista resident, representing the Mid-Managers and Professional Unit, asked that the financial burden of the City be carried by all, and that should the proposed resolutions be approved, that additional time resulting from staying the Police Officer layoffs, be used to identify ways in which the Police Officers Association (POA) may meet its total savings commitments made a few months ago. Lois Balfour, San Diego resident, representing SEIU Local 221, which represents the Mid- Managers and Professional Unit and Chula Vista Employees Association, stated that when the contracts were negotiated, they were told that all groups would share the pain of the reductions. She asked for balance and fairness by the Council in its deliberations. Larry Breitfelder, Chula Vista resident, spoke in support of the proposed resolutions. He suggested closing the budget gap by utilizing redevelopment funds, revenue from the Utilities Users Tax, and not having afull-scale jail. Wayne Zarling, La Mesa resident, representing the Chula Vista Employees Association (CVEA), spoke about the shared sacrifices by CVEA to close the City's budget gap, and he spoke in opposition to the proposed resolutions. Rusty .Tames, El Cajon resident, representing the CVEA, stated that the City's financial burdens should be spread equally among all employee groups. Chief Bejarano clarified that the City is one of the safest Cities, based on SANDAG's crime statistics. He commented on the benefits achieved by the new Police Department staffing model implemented in .luly 2010. In response to speaker comments about the City jail, he stated that the Department was working with U.S. Marshall Service for a proposal to reduce costs associated with running the jail He commented that the Department had exceeded its threshold for Priority I calls for service. He clarified the total number of pending Police Officer layoffs was four. Discussion ensued. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011- 077, heading read, text waived: A. RESOLUTION NO. 2011-077, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THAT THE CITY MANAGER AND POLICE CHIEF RETURN TO THE CITY COUNCIL AT THE FIRST MEETING AFTER MAY 9, 2011 AND REPORT ON THE NUMBER OF ADDITIONAL OFFICERS THE CITY MAY LOSE (City Attorney) Councilmember Aguilar seconded the motion, and it carried 5-0. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011- 078, heading read, text waived: Page 7 -Council/RDA Minutes ~ ~ _ ~ May 3, 2011 DRAFT ACTION ITEMS (Continued) B. RESOLUTION NO. 2011-078, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOMMENDING TO THE CITY MANAGER THAT THE PENDING POLICE OFFICER LAYOFFS FOR THE CHULA VISTA POLICE DEPARTMENT AFTER MAY 9, 2011 BE STAYED, SUBJECT TO COUNCIL BUDGET WORKSHOPS AND MEETING SCHEDULED TO OCCUR BETWEEN THAT DATE AND THE END OF JUNE 2011 (City Attorney) Councilmember Aguilar seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011- 079, heading read, text waived: C. RESOLUTION NO. 2011-079, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA THAT DURING THE DEVELOPMENT OF THE FISCAL YEAR 2011/2012 BUDGET, CONSIDERATION BE GIVEN TO RETENTION OF POLICE OFFICERS SUBJECT TO LAYOFF AFTER MAY 9, 2011 (City Attorney) Councilmember Aguilar seconded the motion, and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. Mayor Cox recessed the meeting at 8:07 p.m. The meeting reconvened at 8:34 p.m., with all members present. OTHER BUSINESS 11. CITY MANAGER/EXECUTNE DIRECTOR'S REPORTS City Manager Sandoval commented on the effectiveness of the Police Departments utilization of part time help to bring finger printing cases up to date, and a recent grant award of $100,000 to continue providing part time help in the Department. He commented on key City staff that was currently participating in a free Emergency Management course in Maryland. He stated that issues related to the Mobilehome Park program would be presented at a future Council meeting. 12. MAYOR/CHAIR'S REPORTS Mayor Cox made the following announcements: • City's receipt of a letter of support from the City of Imperial Beach, to support the expedited demolition of the South Bay Power Plant. • Cinco de Mayo celebrations on May 8, 2011. Update on the San Diego Unified Port District by Port Commissioner Moore was scheduled for the next Council meeting. Page 8 -Council/RDA Minutes ~ ~ _ ~s., May 3, 201 ] DRAFT 13. COUNCIL/AGENCY MEMBERS' COMMENTS Deputy Mayor Ramirez made the following announcements: • Chula Vista Kiwanis annual wine tasting event on May 7, 2011. • Council consideration to conduct periodic Council Meetings in other locations of the community. Report on the success of his recent Public Office Hours event regarding sexual predators in the community. Issue of debris at Rohr Community Park. He urged the community to take responsibility to pick up after themselves. Councilmember Bensoussan thanked McMillin Realty for its sponsorship of the recent Historic Home tour. Councilmember Aguilar -Discussion regazding terminating the Chula Vista Redevelopment Corporation (CVRC). Councilmember Aguilaz suggested consideration by Council of the structure of the CVRC and value added, if any, to Redevelopment, and whether the CVRC was the right venue for its Board Members to provide their expertise. Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, stated that all services, including non-profit are critical to City economics, and she asked for Council consideration to postpone any action by the Council to allow an opportunity for comment on the matter by the business community. Discussion ensued. ACTION: Councilmember Aguilaz moved to have the Council direct staff to prepare a report and return to the Council within approximately 60 days to look at the impacts of dissolving the CVRC and what other mechanisms may be available to keep the expertise of the CVRC and to conduct a public hearing on the matter. Deputy Mayor Ramirez seconded the motion. Discussion ensued, with a suggestion by Deputy Mayor Ramirez to conduct a joint workshop meeting of the City Council and CVRC to discuss the matter. The motion carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. ADJOURNMENT At 8:41 p.m., Mayor Cox adjourned the meeting to a Special Meeting of the City Council on May 5, 2011 at 4:00 p.m., in the Council Chambers, and thence to a Regular City Council Meeting on May 10, 2011, at 4:00 p.m., in the Council Chambers; Redevelopment Agency adjourns to its next regular meeting on May 17, 2011, at 4:00 p.m. ~~~~~ ~~~ ;~ Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 9 - CounciURDA Minutes ~ ~ _ ~ May 3, 201 I DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 3, 2011 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan (arrived at 3:15 p.m.), Castaneda, Ramirez, and Mayor Cox ABSENT: None Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:03 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 Anorney. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case (01/16/09 written communication) 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) • One Case (03/25/11 CLG written communication) 3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) San Diego Superior Court, Case No. 37-2010-00083634-CU-BC-CTL United States Bankruptcy Court, Case No. 10-24682-FEB ADJOURNMENT At 4:00 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on May 3, 2011, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 1 -Council Minutes ~~ ~ ~ May 3, 2011