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Home My WebLink Aboutcc min 2011/07/19MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 19, 2011 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Coancilmembers 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 Anthony Stewart, Chula Vista's 2011/2012 Veteran of the Yeaz led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • 100 CENTENNIAL SECONDS - www.chulavistal00.com Mayor Cox presented information about the 1940s in Chula Vista, with focus on Rohr Aircraft Corporation. PRESENTATION OF A PROCLAMATION TO ANTHONY STEWART, CHULA VISTA'S 2011/2012 VETERAN OF THE YEAR Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Veteran of the Year, Anthony Stewart. • UPDATE ON REGIONAL WATER ISSUES BY FRANK BELOCK, DEPUTY GENERAL MANAGER, SAN DIEGO COUNTY WATER AUTHORITY Mr. Dennis Cushman, Assistant General Manager, San Diego County Water Authority, spoke on behalf of Mr. Belock, and presented information about the San Diego region's water supply. • PRESENTATION OF A PROCLAMATION PROCLAIMING JULY 201 I AS PARKS AND RECREATION MONTH TO BUCK MARTIN, DIRECTOR OF RECREATION AND TO FRANK CARSON, RECREATION SUPERVISOR III Mayor Cox read the proclamation and Councilmember Castaneda presented in to Principal Recreation Manager Cox and Recreation Supervisor III Cazson. Page 1 -Council Minutes July 19, 2011 SPECIAL ORDERS OF THE DAY (Continued) PRESENTATION BY JANICE KLUTH, CARLA BLACKMAR, AND DISTINGUISHED GUESTS ON THE REDEVELOPMENT AGENCY'S BUSINESS IMPROVEMENT GRANT PROGRAM, HOME MAKEOVER PROGRAM AND UTILITY BOX PAINTING PROGRAM Senior Project Coordinator Kluth and Project Coordinator Blackmar spoke about the three new programs. Reginald DePass, representing Feaster Charter School, thanked everyone involved with the mural project. Staff Member Blackmaz presented the Block by Block Home Makeover Program. She gave an update on the Utility Box Painting Program, and then introduced Dana Richardson, representing Healthy Eating and Active Communities, and Nick Martinez, representing South Bay Community Services, who each spoke about the success of the program. • RECOGNITION OF TRANSITION BY SENIOR UNITY TO FRIENDS OF NORMAN PARK SENIOR CENTER, ITS KEY SUPPORTERS AND DONATION TO NORMAN PARK EDUCATION FOUNDATION Gloria Escalera spoke on behalf of Senior Unity and thanked the Council, the community, and donor supporters and volunteers who helped keep Norman Park Senior Center open. MazyAnne Wurfell then presented a $16,434 check to Frank Cazson, President of the Norman Pazk Educational Foundation, to benefit seniors at Norman Pazk Senior Center. • PRESENTATION OF A PROCLAMATION PROCLAIMING AUGUST 2, 2011 AS "NATIONAL NIGHT OUT" IN CHULA VISTA Mayor Cox read the proclamation and Councilmember Aguilaz presented it to Police Chief Bejazano and Acting Captain Kennedy. • PRESENTATION BY SDG&E PUBLIC AFFAIRS MANAGER CLAUDIA VALENZUELA, OF SDG&E'S 2011 SUMMER OUTLOOK & CONSERVATION TIPS ON ENERGY USAGE Claudia Velenzuela, representing SDG&E, presented information about the summer outlook and conservation tips on energy usage. • PRESENTATION OF PROCLAMATION TO CHULA VISTA CULTURAL ARTS COMMISSIONER LUZ CAMACHO, PROCLAIMING SEPTEMBER 2011 AS ARTS MONTH IN CHULA VISTA Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Georgie Stillman, Centennial Committee member. Page 2 - Counci] Minutes July 19, 2011 Mayor Cox announced that agenda Item 9 would not be heard and would be continued to a future Council Meeting. CONSENT CALENDAR (Items 1-7) Item 5 was removed from the Consent Calendar for separate consideration at the request of a member of the public. APPROVAL OF MINUTES of April 14, 2011. Staff recommendation: Council approve the minutes 2. ORDINANCE NO. 3192, ORDINANCE OF THE CITY OF CHULA VISTA PROHIBITING ON-STREET PARKING ALONG THE FRONTAGE OF 1655 BROADWAY (SOMMERSET PLAZA EAST) AND 1660 BROADWAY (SOMMERSET PLAZA WEST) AND AMENDING SCHEDULE VI AND III OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THESE CHANGES (SECOND READING AND ADOPTION) (Director of Public Works) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3193, ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 50 MPH SPEED LIMIT ON HUNTE PARKWAY BETWEEN EASTLAKE PARKWAY AND OLYMPIC PARKWAY AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE ESTABLISHED SPEED LIMIT (SECOND READING AND ADOPTION) (Director of Public Works) Staff recommendation: Council adopt the ordinance. ORDINANCE NO. 3194, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 5.02.060 CLARIFYING THE REQUIREMENT FOR COMPLIANCE WITH FEDERAL LAW SPECIFYING THAT CHULA VISTA BUSINESSES MUST, IN ADDITION TO STATE AND LOCAL LAW, COMPLY WITH FEDERAL LAW (SECOND READING AND ADOPTION (City Attorney) Staff recommendation: Council adopt the ordinance. This item was removed from the Consent Calendar. 6. RESOLUTION NO. 2011-145, RESOLUTION OF THE CITY COUNCIL OF THI£ CITY OF CHULA VISTA APPROVING A TEMPORARY ROAD CLOSURE FOIL THE EASTBOUND LANES OF "F" STREET BETWEEN FOURTH AVENUE ANI;'t GARRETT AVENUE ON AUGUST 2, 2011, BETWEEN THE HOURS OF 2:00 P.Ivt. AND 9:00 P.M. (Chief of Police) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes July 19, 2011 CONSENT CALENDAR (Continued) RESOLUTION NO. 2011-146, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INTERMITTENT CLOSURE OF BAY BOULEVARD FROM "H" STREET TO "L" STREET AND SEGMENTS OF MARINA PARKWAY AND WEST "J" STREET FOR THE 2011 USA TRIATHLON JUNIOR AND YOUTH NATIONAL CHAMPIONSHIPS ON SATURDAY, AUGUST 6 FROM 7:00 A.M. TO 3:00 P.M. AND SUNDAY, AUGUST 7, 2011 FROM 7:00 A.M. TO 10:30 A.M. AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND USA TRIATHLON FOR THE EVENT (City Manager/Communications Coordinator) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendaz Items 1 through 4, 6 and 7, headings read, text waived. Councilmember Castaneda seconded the motion and it carved 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR ORDINANCE NO. 3195, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.50 (THE CITY'S MOBILEHOME SPACE -RENT REVIEW ORDINANCE) TO: (1) UPDATE VARIOUS ADMINISTRATIVE ITEMS; (2) ADD SECTION 9.50.030 (ADMINISTRATIVE FEE); AND, (3) AMEND SECTION 9.50.077 (VACANCIES AND RENTS UPON CHANGE OF OWNERSHIP) (SECOND READING AND ADOPTION) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the ordinance. Deputy Mayor Ramirez stated that he would be abstaining from voting on Item 5. He then left the dais. Dennis Chafee, Chula Vista resident, spoke in opposition to the proposed ordinance, and the suggestion of a two-dollaz administrative fee per month per tenant. Penny Vaughn, Chula Vista resident, representing Chula Vista Mobilehome Residents Association, spoke in opposition to the proposed ordinance. She asked for Council consideration to amend the ordinance to include language that would provide mobilehome owners the right to mediate mobilehome resale prices. The following members of the public spoke in support of the proposed ordinance: Peter Jensen, Coronado resident Jerry Fick, Chula Vista resident Julie Paule John Baldwin, San Diego resident, representing Bayscene Mobilehome Park Sue Loftin, Carlsbad resident, representing Chula Vista Park Owners Association Daniel Cacho, Chula Vista resident Page 4 -Council Minutes Jaly 19, 2011 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember Castaneda suggested having staff return with the matter of administrative fees and to look at what the City of San Diego is doing in terms of establishing a working group o~ owners and residents, with perhaps an independent party to address fair mazket rents, with less involvement by the City. He further suggested including language that would provide mobilehome owners the right to mediate mobilehome resale prices. Councilmember Aguilar supported the suggestion by Councilmember Castaneda. ACTION: Councilmember Bensoussan moved to adopt Ordinance No. 3195, heading read text waived. Councilmember Aguilaz seconded the motion and it carved 4-0-1; with Deputy Mayor Ramirez abstaining. Mayor Cox commented on the suggestions by Councilmembers Castaneda stating that she could not support establishing a working group, but could support looking at what the City of Sam Diego was doing. Deputy Mayor Ramirez returned to dais at 6:05 p.m. PUBLIC COMMENTS Scott Walker, Fire Chief, Bonita Fire Department, stated that he would defer his comments related to Item 9 until the item is brought back to the Council for consideration. Mayor Cox recessed the meeting at 6:07 p.m. The meeting reconvened at 6:17 p.m., with all members present, except CouncilmembeK Castaneda who amved at 6:18 p.m. PUBLIC HEARINGS 8. CONSIDERATION OF ADOPTING THE CITY OF CHULA VISTA HISTORIC PRESERVATION PROGRAM, HISTORIC PRESERVATION ORDINANCE, ANp OTHER IMPLEMENTING ORDINANCES Notice of the heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Principal Planner Ponseggi and Associate Planner Lopez presented information about the proposed Historic Preservation Program, Historic Preservation Ordinance, and othea implementing ordinances. Jim McVeigh, Chula Vista resident and historic home owner, spoke in support of the proposed program. Glenda de Vaney, Chula Vista resident, spoke in support of the proposed program. Page 5 -Council Minutes July 19, 201p PUBLIC HEARINGS (Continued) Corinne McCall, Chula Vista resident, spoke in support of the proposed program, with the exception of the proposed $10,000 penalty for unlawful demolition, stating that the amount was insufficient. She also spoke in opposition to the proposed delisting process. Richazd D'Ascoli, representing Pacific Southwest Association of Realtors, suggested looking at the survey work program and remove non-historic homes to avoid delays in the permit process. He suggested that the surveys be conducted prior to adoption of the ordinance. Peter Watry, Chula Vista resident, spoke in support of the proposed program. Janet Griffin, Chula Vista resident, questioned the reason to force any historic designation on historic home owners who did not wish to designate their homes historic. She asked about any provisions the City would provide to historic homeowners who may want to sell their homes. Georgie Stillman, Chula Vista resident, spoke in support of the proposed program. Matthew Adams, San Diego resident, representing the Building Industry Association, suggested including a construction industry professional in the Historic Preservation Commission membership criteria. He suggested that the proposed program be incentive based. He also suggested looking at a fast track system for the appeals process and examinations and to perhaps direct staff to return in one yeaz with a progress report. There being no further members of the public who wished to speak, Mayor Cox closed public heazing. Staff responded to and clarified, some of the comments by the public. Councilmember Bensoussan suggested expanding the table of contents or adding an index to the Historic Preservation Program binder with a table to clarify the acronyms. She suggested expansion of the windshield survey process and prioritizing a quick turnazound. She also encouraged the use of interns and volunteers for conducting the survey. She suggested revisions to the language for the demolition process in proposed Section 21.08.050, Item 1, to replace the word, "may" with "shall:" "If a Historical Resource is unlawfully demolished without HPC approval, the City may shall pursue all or some combination of the following penalties..." She further suggested that Item 2 C. i. Be revised to read: "...conditions or will cause a detriment to public health and safety; s~ and..". Mayor Cox spoke in support of the suggestion by speaker Matthew Adams, to include expertise in the construction field under the proposed Historic Preservation Commission membership criteria. ACTION: Councilmember Bensoussan moved to adopt the following Resolutions 2011-147 and 2011-148, and to place Ordinances B through G on first reading, headings read, text waived, as amended to revise Section 21.08.050(1), to change "may" to "shall" and "or" to "and" in the same section. Councilmember Castaneda seconded the motion. Page 6 -Council Minutes July 19, 201 I PUBLIC HEARINGS (Continued) Deputy Mayor Ramirez suggested increasing the fine for unlawful demolition to $50,000. Councilmember Aguilar suggested that the motion include a fine of $75,000 for unlawful demolition. She suggested a progress report by staff to the Council in two years. ACTION: Deputy Mayor Ramirez offered a substitute motion to adopt the following Resolutions 2011-147 and 2011-148, and to place Ordinances B through G ot~ first reading as amended to revise Section 21.08.050 (D), fines for unlawful demolition, from $10,000 to $75,000. Mayor Cox announced a meeting recess at 8:30 p.m. The meeting reconvened at 8:35 p.m. with all members present. Deputy Mayor Ramirez withdrew his substitute motion. ACTION: Councilmember Bensoussan moved to adopt the following Resolution Nos. 2011- 147 and 2011-148, and place Ordinances B through G on first reading, as amended to revise Section 21.08.050, Item 1, to replace "may" with "shall"; on Item 1.D, replace "$10,000" with "$25,000"; and Item 2.C, separate sub-sectiom "i", to read, i, ii, iii: A. RESOLUTION NO. 2011-147, RESOLUTION OF THE CITY COUNCIL Ole THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA HISTORIC PRESERVATION PROGRAM (Assistant City Manager/Director ojf Development Services) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE BY INCLUDING A NEW SECTION AS TITLE 21, HISTORIC PRESERVATION (FIRST READING) (Assistant City Manager/Director of Development Services) C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE BY INCLUDING A NEW SECTION IDENTIFIED A~ CHAPTER 2.43 ENTITLED HISTORIC PRESERVATION COMMISSI01'1 (FIRST READING) (Assistant City Manager/Director of Development Services) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 2.32 REMOVING THE DUTIES OF HISTORIC PRESERVATION FROM THE RESOURCE CONSERVATION COMMISSI01"~I (FIRST READING) (Assistant City Manager/Director of Development Services) E. ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING THE ZONING ADMINISTRATOR FUNCTIONS BY AMENDING MUNICIPAL CODS SECTION 19.14.020 ENTITLED ZONING ADMINISTRATOR - CREATI0I~I OF POSITION, AND SECTION 19.14.030 ENTITLED ZONING ADMINISTRATOR - ACTIONS AUTHORIZED WITHOUT PUBLIC HEARING, TO INCLUDE HISTORIC PRESERVATION AUTHORITY (FIRS' READING) (Assistant City Manager/Director of Development Services) I Page 7 -Council Minutes July 19, 20111 PUBLIC HEARINGS (Continued) F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 19.56 BY ADOPTING MUNICIPAL CODE SECTION 19.56.300 ENTITLED HISTORIC PRESERVATION MODIFYING DISTRICT- PURPOSE; AND SECTION 19.56.310 HISTORIC PRESERVATION MODIFYING DISTRICT- APPLICATION) (FIRST READING) (Assistant City Manager/Director of Development Services) G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 15.44 BY ADOPTING NEW MUNICIPAL CODE SECTION 15.44.055 ENTITLED DEMOLITION, REMOVAL OF HISTORICAL RESOURCES -PERMIT REQUIRED -FEE (FIRST READING) (Assistant City Manager/Director of Development Services) H. RESOLUTION NO. 2011-148, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2011-12 DEVELOPMENT SERVICES DEPARTMENT BUDGET (GENERAL FUND) TO APPROPRIATE FUNDS TO SUPPORT THE HISTORIC PRESERVATION COMMISSION (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services) Councilmember Castaneda seconded the motion and it carried 5-0. ACTION ITEMS Item 9 was continued to a future date. No action was taken on this item. 9. CONSIDERATION OF APPROVING A REVISED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT SERVICE WITH LAIDLAW MEDICAL TRANSPORTATION INC., DBA AMERICAN MEDICAL RESPONSE Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT SERVICE WITH LAIDLAW MEDICAL TRANSPORTATION INC., DBA AMERICAN MEDICAL RESPONSE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT (Fire Chief) 10. CONSIDERATION OF APPROVING A LEASE FOR A STOREFRONT LIBRARY BRANCH AT OTAY RANCH TOWN CENTER Shauna Stokes, Chula Vista resident, representing Friends of the Chula Vista Public Library and the Board of Library Trustees, spoke in support of the proposed storefront library branch. Page 8 -Council Minutes July 19, 2011 ACTION ITEMS (Continued) ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011'• 149, heading read, text waived: RESOLUTION NO. 2011-149, RESOLUTON OF THE CITY COUNCIL O>" THE CITY OF CHULA VISTA APPROVING A LEASE FOR A STOREFRONT LIBRARY BRANCH AT OTAY RANCH TOWN CENTER (Library Director) Councilmember Bensoussan seconded the motion and it carried 5-0. OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Sandoval announced that the Council Meeting of July 26, 2011 was cancelled' The next Council meeting was scheduled for August 2"d , and a Council Workshop on Auguslt 4`h. He commented on a recent citywide customer service study and stated that a report on the results of the study would be forthcoming to the Council. He announced two upcoming employee appreciation events sponsored by the City's Executive Team. 12. MAYOR'S REPORTS A. Consideration of appointment of a voting delegate and alternate for the 2011 Annual League of California Cities Conference, to beheld September 21 - 23. ACTION: Mayor Cox moved to serve as the City's voting delegate for the 2011 Annual League of California Cities Conference on September 21-23. Councilmember Castaneda seconded the motion and it carried 5-0. B. Ratification of appointment of Gloria Escalera to the Commission on Aging. ACTION: Mayor Cox moved to ratify the appointment of Gloria Escalera to the Commission on Aging. Councilmember Castaneda seconded the motion and It carried 5-0. Mayor Cox announced that the Park View Little League 12-year-old Little League baseball division was competing in a tournament, and should they win, would advance to compete in Las Angeles over the weekend, and a win in Los Angeles would advance them to compete in San Bernardino, and then to the tournament finals. She announced that Dr. Steven Schoenherr was scheduled to speak on July 20, 201 I at 6:00 p.m., at the Public Library about the 1950s, 1960s and 1970s. Page 9 -Council Minutes July 19, 201' 1 13. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez commented on his recent Public Office Hours meeting on the subject of Libraries and Recreation. He provided feedback on his participation in the City's LEAN training program and thanked Goodrich Aerostructures for availing its staff and facility for the training. He commented on the need to incorporate LEAN training in the City's culture. Councilmember Castaneda commented on his recent attendance at a conference regazding healthy communities and active lifestyles by Dr. William Dietz, with the commitment by Dr. Dietz to showcase the City's healthy lifestyle efforts with respect to healthy alternatives in vending machines. Councilmember Aguilaz stated her appreciation to the Mayor, of the 100 centennial seconds presentations at the City Council Meetings. ADJOURNMENT At 8:55 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on July 26, 20] 1, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 10 -Council Minutes July 19, 2011