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HomeMy WebLinkAboutcc min 2011/04/19MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 (arrived 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 IN 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 OF DESIREE DAVILA, FORMER HILLTOP HIGH SCHOOL STUDENT, ON ACHIEVING SECOND PLACE FINISHER AT THE 2011 BOSTON MARATHON Page 1 -Council Minutes April 19, 2011 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 Calendaz for sepazate consideration. Councilmember Aguilar 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 neazly 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 April 5 and April 7, 2011. Recommendation: Council excuse the absence. 3. A. This item was removed from the Consent Calendar. 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 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 Chiefl Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendaz 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 Apri] 19, 2011 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 altemative in the Environmental Impact Report. Senior Planner Tapia then provided an update on the Specific Plan for the Palomar Gateway District. ACTION: Mayor Cox moved to adopt Resolution No. 2011-062, as amended to include possible educational uses in the preparation 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 carved 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 City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 4 -Council Minutes April 19, 2011 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, parks, 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 heazing was given in accordance with legal requirements, and the heazing 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 heazing. 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, 20] 1 PUBLIC HEARINGS (Continued) 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- 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 April 19, 2011 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 - Apri18, 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 April 19, 2011 OTHER BUSINESS (Continued) Mayor Cox suggested modifications to the draft resolution. There was Council consensus to make minor edits to paragraphs 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 bargaining 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 Aguilar referred to a memorandum to the Mayor and Council, from the Public Safety Subcommittee dated April 13, 2011 regazding 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 regazding 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 Aguilar seconded the motion, and it carried 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 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 afrer May 9, 2011. Councilmember Aguilar seconded the motion, and it carried 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 April 30, 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 SANDAL 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 April 20, 2011, at the Civic Center Library auditorium, at 6:00 p.m. Councilmember Aguilaz requested, and there was Council consensus, to place on the next Council Agenda, discussion regazding 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. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 9 -Council Minutes April 19, 2011