HomeMy WebLinkAbout2013/04/16 Item 01p~pFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 26, 2013
2:00 p.m.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:05 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Aguilar (arrived at 2:06 p.m.), Bensoussan,
Ramirez, Salas and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Googins, Senior Deputy
City Clerk Bigelow, and Deputy City Clerk Kansas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Bensoussan ]ed the Pledge of Allegiance.
CONSENT CALENDAR (Items 1-9)
Item 9 was removed from the Consent Calendaz by a member of the public.
1. APPROVAL OF MINUTES of January 8, 2013
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Bensoussan requesting an excused absence from the
February 7, 2013 City Council Workshop.
B. Memorandum from Councilmember Ramirez requesting an excused absence from the
Februazy 14, 2013 City Council Workshop.
Recommendation: Council excuse the absences.
3. A. RESOLUTION NO. 2013-020 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY NO. 220-01, THE
CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AMENDING
THE EXISTING POLICY; AND ANNUAL DELEGATION OF INVESTMENT
ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER (Director
of Finance/Treasurer)
Page 1 ~ Council Minutes 1 /~, _ ~ February 26, 2013
B. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2012
Staff recommendation: Council adopt the resolution and accept the report.
4. A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER
31, 2012
B. RESOLUTION NO. 2013-021 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2012/2013
BUDGET TO ADJUST FOR VARIANCES, APPROVING POSITION TRANSFERS,
AND APPROPRIATING FUNDS THEREFORE (4/STHS VOTE REQUIRED)
(Director of Finance/Treasurer)
Staff recommendation: Council accept the report and adopt the resolution.
5. RESOLUTION NO. 2013-022 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REJECTING THE BID OF THE FIRST APPARENT LOW BIDDER AS NON-
RESPONSIVE, ACCEPTING REMAINING BIDS, AWARDING THE CONTRACT
FOR THE "SIDEWALK REPLACEMENT FISCAL YEAR 2012/2013 AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (JY065S)" PROJECT
TO PORTILLO CONCRETE, INC, IN THE AMOUNT OF $115,667, WAIVING
COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF
ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED
$24,330 (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2013-023 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ESTABLISHING NEW CIP PROJECT STL395, REDUCING THE STL357
BUDGET BY $248,450 AND APPROPRIATING THE EQUIVALENT AMOUNT TO
STL395; ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
"PAVEMENT REPAIR/ASPHALT CONCRETE OVERLY (STL395)" PROJECT TO
ATP GENERAL ENGINEERING CONTRACTORS INCORPORATED IN THE
AMOUNT OF $191,119.50, WAIVING CITY COUNCIL POLICY NO. 574-01 AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY
FUNDS NOT TO EXCEED $28,880.50 (4/STHS VOTE REQUIRED) (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2013-024 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AWARDING A PURCHASE AGREEMENT TOTALING $49,457.50 TO
NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF TWO POLICE
PATROL SEDANS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF
NATIONAL JOINT POWERS AUTHORITY BID NUMBER 102811 (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 Council Minutes J /} .. i'7 February 26, 2013
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RESOLUTION NO. 2013-025 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL
CALRECYCLE GRANTS FOR WHICH THE CITY OF CHULA VISTA IS ELIGIBLE
AND AUTHORIZING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO
EXECUTE ALL GRANT DOCUMENTS AND IMPLEMENT PROJECTS FUNDED
BY CALRECYCLE GRANTS, FOR A PERIOD OF FIVE YEARS (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
Item removed from Consent Calendaz.
ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent
Calendar Items 1 through 8, headings read, text waived. Deputy Mayor
Bensoussan seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
9. RESOLUTION NO. 2013-026 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A DONATION OF $10,000 FROM THE ESTATE OF
CHARLOTTE AND RONALD STANLEY FOR BOOKS AND MATERIALS AT THE
CHULA VISTA PUBLIC LIBRARY AND AMENDING THE FISCAL YEAR
2012/2013 LIBRARY BUDGET TO REFLECT THE APPROPRIATION OF THESE
DONATED FUNDS (4/STHS VOTE REQUIRED) (Director of Library and Recreation)
Staff recommendation: Council adopt the resolution.
Brian Young, representing the Chula Vista Boazd of Library Trustees, read an excerpt from a
letter received from Lisa Sterns, Charlotte Stanley's daughter, regarding the donation.
ACTION: Mayor Cox moved to adopt Resolution No. 2013-026, heading read, text waived.
Councilmember Salas seconded the motion, and it carried 5-0.
PUBLIC COMMENTS
There were none.
PUBLIC HEARINGS
10. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE:
TITLE 19 (ZONING ORDINANCE) AND TITLE 18 (SUBDIVISION ORDINANCE)
(Assistant City Manager/Director of Development Services)
Staff recommendation: Council conduct the public heazing and place the following
ordinance on first reading.
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.
Page 3 Council Minutes ~ ~ ~ February 26, 2013
Senior Planner Walker presented the proposed amendments to the Chula Vista Municipal Code
Titles 18 and 19.
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 Aguilar moved to place the following ordinance on first reading,
heading read, text waived. Councilmember Salas seconded the motion, and it
carried 5-0.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS
SECTIONS OF THE CHULA VISTA MUNICIPAL CODE INCLUDING TITLE
19 (ZONING ORDINANCE) RELATED TO SPECIAL EVENTS;
TEMPORARY OUTSIDE SALES; AND TEMPORARY PROMOTIONAL
SIGNS; AND TITLE 18 (SUBDIVISIONS) RELATED TO ADMINISTRATIVE
PROCEDURES FOR THE SUBDIVISION OF LAND FOR THE PURPOSES
OF PROCESS IMPROVEMENTS (FIRST READING)
11. CONSIDERATION OF A REQUEST TO 1) AMEND THE 2008 LAND OFFER
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE OTAY LAND
COMPANY TO PROCESS GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN AMENDMENTS SEPARATELY FROM PROPOSED
SECTIONAL PLANNING AREA PLANS; 2) CERTIFY THE FINAL
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR-09-
O1/SCH2O04081066) FOR AMENDMENTS TO THE CITY OF CHULA VISTA GP
(GPA-09-O1) AND OTAY RANCH GDP (PCM-09-11); AND 3) AMEND THE CITY
OF CHULA VISTA GP (GPA-09-O1) AND OTAY RANCH GDP (PCM-09-11) TO
SUPPORT THE UNIVERSITY AND REGIONAL TECHNOLOGY PARK BY
ALLOWING UP TO 6,050 UNITS AND 1.8 MILLION SQUARE FEET OF NON-
RESIDENTIAL DEVELOPMENT WITHIN VILLAGES 8 WEST AND 9, RESIZING
AND RELOCATING THE RTP TO THE UNIVERSITY SITE AND RESOLVING THE
2005 GENERAL PLAN UPDATE "DEFERRAL AREA" (Assistant City
Manager/Director of Development Services)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions.
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.
Principal Planners Donaghe and Power presented information on the proposed amendment to the
land offer agreement and the final supplemental environmental impact report.
Jeff O'Conner, representing Otay Land Company, commended staff for their work and spoke in
support of the item.
Page 4 Council Minutes i 1 February 26, 2013
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Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
ACTION: Deputy Mayor Bensoussan moved to adopt the following Resolution Nos. 2013-
027, 2013-028, and 2013-029, headings read, text waived. Councilmember Salas
seconded the motion, and it carried 5-0.
A. RESOLUTION NO. 2013-027 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE LAND
OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
OTAY LAND COMPANY FOR CONVEYANCE OF 210 ACRES TO THE
CITY AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT AND ACCEPT THE OFFERS OF DEDICATION FOR THE 210
ACRES IF SUCH LAND BECOMES AVAILABLE TO THE CITY
PURSUANT TO THE TERMS OF THE FIRST AMENDMENT TO THE LAND
OFFER AGREEMENT
B. RESOLUTION NO. 2013-028 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT (SEIR 09-01/SCH 2004081066) FOR
AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN (GPA-
09-01) AND OTAY RANCH GENERAL DEVELOPMENT PLAN (PCM-09-
11); MAKING CERTAIN FINDINGS OF FACT; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
C. RESOLUTION NO. 2013-029 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE CITY'S GENERAL
PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO
REFLECT LAND USE, CIRCULATION AND POLICY CHANGES FOR
APPROXIMATELY 1,281 ACRES WITHIN THE OTAY RANCH PLANNED
COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS AND TABLES
ACTION ITEMS
12. CONSIDERATION OF SUPPORT OF THE CALIFORNIA ENTERPRISE ZONE
PROGRAM (Economic Development Director)
Staff recommendation: Council adopt the following resolution.
Principal Economic Development Specialist Ruiz presented information on California Enterprise
Zones.
Page 5 Council Minutes / n ' ~ February 26, 2013
ACTION: Mayor Cox moved to adopt the following Resolution No. 2013-030, heading read,
text waived. Councilmember Salas seconded the motion, and it carried 5-0.
RESOLUTION NO. 2013-030 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA IN SUPPORT OF THE CALIFORNIA ENTERPRISE ZONE PROGRAM
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
City Manager Sandoval stated staff is working
He announced the upcoming Council meetings
stated he anticipated discussing the status of
Departments at the meeting of March 26, 2013.
to replace equipment in the Council Chambers.
on March 5, March 7, and March 19, 2013. He
the trial merge of the Library and Recreation
City Manager Sandoval announced upcoming workshops: GMOC/Planning/City Council
Workshop of April 25, 2013; and a workshop on the topic of economic development and
marketing on May 9, 2013. He also stated that staff anticipated presenting the City Manager's
recommended budget at the meeting of May 21, 2013.
City Manager Sandoval reported that the 2012 SANDAG crime statistics showed an 8% decrease
in violent crime in Chula Vista, where most other cities in the County of San Diego increased.
He spoke regarding the quality of Chula Vista's public safety.
14. MAYOR'S REPORTS
CONSIDERATION OF ADOPTION OF THE FOLLOWING RESOLUTION:
RESOLUTION NO. 2013-031 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA SUPPORTING THE ASSAULT WEAPONS REGULATORY
ACT OF 2013 TO PROHIBIT THE SALE, TRANSFER, IMPORTATION, OR
MANUFACTURING OF MILITARY-STYLE ASSAULT WEAPONS AND LARGE-
CAPACITY AMMUNITION FEEDING DEVICES AND CALLING ON THE
CALIFORNIA CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION
PROPOSED BY U.S. SENATOR DIANNE FEINSTEIN TO IMPLEMENT THESE
MEASURES (Mayor)
Recommendation: Council adopt the resolution.
The following members of the public spoke in opposition of the recommendation:
• Hugh Copeland, Chula Vista resident
• Billy Falling, Chula Vista resident
• Joe Martinez, Chula Vista resident
• Geoffrey Strawser, Chula Vista resident
ACTION: Mayor Cox moved to adopt Resolution No. 2013-031, heading read, text waived.
Councilmember Aguilar seconded the motion, and it carried 5-0.
Page 6 Counci] Minutes ~ ~ . ~.. February 26, 2013
Mayor Cox made the following announcements:
• Weapons take-back event scheduled for March 9, 2013 -residents can turn in
unwanted weapons to the Police department.
• San Diego County Chief Probation Officer Mack Jenkins scheduled to provide
information regarding the closure of certain San Diego probation offices at an
upcoming Council meeting.
• FIRST Robotics Competition to be held March 9, 2013 -six teams from
Sweetwater Union High School District scheduled to participate.
15. COUNCILMEMBERS' COMMENTS
City Attorney Googins stated that staff would present a written report on public safety issues at
the meeting of Mazch 5, 2013. At the request of Councilmember Aguilaz, there was consensus of
the Council to include in that discussion options for engaging the community on public safety
issues, pursuant to the memo she provided to the Council.
Councilmember Ramirez expressed concerns regazding public safety and stated it would be the
subject of his public office hours in March.
Mayor Cox paid tribute to Chula Vista residents John Pazks and Edith Wyatt.
ADJOURNMENT
At 4:02 p.m., Mayor Cox adjourned the meeting to the Joint meeting of the City Council and
Successor Agency to the Redevelopment Agency, and thence to the Special Meeting of the City
Council February 28, 2013, in the Executive Conference Room, Building 100.
Kerry K igelow, for Deputy City Clerk
Page 7 Council Minutes ' ~ _? February 26, 2013
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MINUTES OF A SPECIAL MEETING OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA
February 26, 2013 2:00 p.m.
(Immediately following the 2:00 p.m. City Council Meeting)
A Special Meeting of the Successor Agency to the Redevelopment Agency meeting jointly with
the City Council of the City of Chula Vista was called to order at 4:10 p.m. in the Council
Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Council/Agency Members Aguilar, Bensoussan, Ramirez, Salas
and Mayor/Chairperson Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Googins, Senior Deputy
City Clerk Bigelow, and Deputy City Clerk Kansas
CONSENT CALENDAR (Successor Agency)
1. APPROVAL OF MINUTES of December 11, 2012.
Staff recommendation: Agency approve the minutes.
2. RESOLUTION NO. 2013-014 OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY FOR THE CITY OF CHULA VISTA SETTING
DATE, TIME, AND LOCATION OF REGULAR SUCCESSOR AGENCY MEETINGS
AS REQUIRED UNDER THE BROWN ACT (GOVERNMENT CODE SECTION
54950 ET SEQ.) (City Manager)
Staff recommendation: Agency adopt the resolution.
3. RESOLUTION NO. 2013-015 OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY FOR THE CITY OF CHULA VISTA RATIFYING
AND APPROVING THE VALID RECOGNIZED OBLIGATION PAYMENT
SCHEDULE ("ROPS") FOR THE TIME PERIOD OF JULY 1, 2013 TO DECEMBER
31, 2013 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(1)(1)
AND HEALTH AND SAFETY CODE SECTION 34177(m), AS SET FORTH IN AB
26 AND AMENDED IN AB 1484 (City Manager)
Staff recommendation: Agency adopt the resolution.
Page 1 Council/Successor Agency Minutes February 26, 2013
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ACTION: Chairperson Cox moved to approve staffs recommendations and offered Consent
Calendar Items 1 through 3, headings read, text waived. Agency Member
Bensoussan seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
There were none.
OTHER BUSINESS
4. CITY MANAGER'S REPORTS
There were none.
CHAIRPERSON'S REPORTS
There were none.
6. AGENCY MEMBERS' COMMENTS
There were none.
CLOSED SESSION (City Council and Successor Agency)
Pursuant to Resolutdon No. 13706 and Council Policy No. 346-03, Official Minutes and records
of action taken during Closed Sessions are maintained by the Ciry Attorney.
Mayor Cox announced that the Council and Successor Agency would convene in closed session
to discuss Items 7A through 7D listed below. She stated the Council would not discuss Items 8
and 9.
At 4:20 p.m., the Council/Successor Agency convened in Closed Session
Joint City Council and Successor A~ency Items
7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 549569(a)
A. City of National City, et al (including City of Chula Vista). V. Ana Matosantos in her
official capacity as Director of the State of California Dept. of Finance, County of
Sacramento, Case No. 34-2012-80001198;
Page 2 ~ CounciUSuccessor Agency Minutes / ~' ~ February 26, 2013
B. City of Bellflower, et al. (including City of Chula Vista) v. Ana Matosantos, et al.,
Sacramento Superior Court, Case No. 34-2012-80001269;
C. The Affordable Housing Coalition of the County of San Diego, a Nonprofit Corp. v.
Tracy Sandoval, in her Official Capacity as Auditor-Controller of the County of San
Diego, et al. (including City of Chula Vista), County of Sacramento, Case No. 34-2012-
80001158;
City Council Items
D. Carla Villa, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2011-
93296-CU-MC-CTL
8. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
One Case
9. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c)
One Case
ADJOURNMENT
At 5:05 p.m., Mayor/Chairperson Cox adjourned the meeting.
Kerry K. i elow, for Deputy City Clerk
Page 3 Council/Successor Ageucy Minutes / ~ ~ ~ February 26, 2013
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MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
February 28, 2013
4:00 p.m.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:00 p.m.
in the Executive Conference Room, located in City Hall, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL
PRESENT: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox
ABSENT: None
ACTION ITEMS
1. INTERVIEWS AND APPOINTMENTS TO FILL TWO VACANCIES ON THE
GROWTH MANAGEMENT OVERSIGHT COMMISSION
ACTION: Councilmember Ramirez moved to appoint Eric Mosoglo as the Environmental
Representative and Zaneta Encarnacion as the South East Representative. Deputy
Mayor Bensoussan seconded the motion, and it carved 5-0.
ADJOURNMENT
At 6:15 p.m., Mayor Cox adjourned the meeting.
1
Kerry I . igelow, enior Deputy City Clerk
Page 1 Council Minutes ~ ~ - ~ February 28, 2013
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
Mazch 5, 2013
~~'A~T
2:00 p.m.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:05 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Aguilaz, Bensoussan, Ramirez, Salas and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk
Norris, and Senior Deputy City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Public Works Specialist Claudia Block led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
• INTRODUCTION BY RICK HOPKINS, PUBLIC WORKS DIRECTOR, OF
EMPLOYEE OF THE MONTH CLAUDIA BLOCK, PUBLIC WORKS SPECIALIST
Public Works Director Hopkins introduced employee of the month, Claudia Block. Mayor Cox
read the proclamation and Deputy Mayor Bensoussan presented it to Ms. Block.
• PRESENTATION OF A PROCLAMATION DECLARING MARCH 7 THROUGH
MARCH 16, 2013 AS MARIACHI WEEK IN THE CITY OF CHULA VISTA
Mayor Cox read the proclamation declazing March 7 through Mazch 16, 2013 as Mariachi Week.
Councilmember Salas presented it to the Sweetwater Union High School District members and
other supporters of Maziachi Week.
PRESENTATION OF THE CHULA VISTA PROMISE NEIGHBORHOOD BY
SOUTH BAY COMMUNITY SERVICES PRESIDENT/CEO KATHIE LEMBO AND
YOUTH & FAMILY DEVELOPMENT DIRECTOR MAURICIO TORRE
Kathie Lembo and Mauricio Torre, representing South Bay Community Services, presented
information on the Chula Vista Promise Neighborhood program.
Page 1 Council Minutes ~ ~ ~ ~ March 5, 2013
PRESENTATION OF A PROCLAMATION TO PACIFIC SOUTH COAST CHAPTER
FOR NATIONAL MULTIPLE SCLEROSIS SOCIETY CO-CHAIR, GOVERNMENT
RELATIONS COMMITTEE, RACHEL CHAPMAN, PROCLAIMING MARCH 11
THROUGH MARCH 18, 2013 AS MULTIPLE SCLEROSIS WEEK IN CHULA
VISTA
Rachel Chapman, representing the Pacific South Coast Chapter for National Multiple Sclerosis
Society, provided information on Multiple Sclerosis. Mayor Cox read the proclamation, and
Councilmember Ramirez presented it to Ms. Chapman.
• PRESENTATION BY SAN DIEGO COUNTY PROBATION DEPARTMENT CHIEF
PROBATION OFFICER MACK JENKINS ON CALIFORNIA'S PUBLIC SAFETY
REALIGNMENT PROGRAM
This item was noticed as time certain for 3:30 p.m., and was heard following Item 9.
CONSENT CALENDAR (Items 1-8)
Mayor Cox announced that Item 4 was removed from the Consent Calendar by staff and that
Exhibit A for Item 8 was amended and distributed to the Council.
1. APPROVAL OF MINUTES of January 15, 2013.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Valerie Attisha, Cultural Arts Commission.
Recommendation: Council accept the resignation.
3. ORDINANCE 3256 OF THE CITY OF CHULA VISTA AMENDING VARIOUS
SECTIONS OF THE CHULA VISTA MUNICIPAL CODE INCLUDING TITLE 19
(ZONING ORDINANCE) RELATED TO SPECIAL EVENTS; TEMPORARY
OUTSIDE SALES; AND TEMPORARY PROMOTIONAL SIGNS; AND TITLE 18
(SUBDIVISIONS) RELATED TO ADMINISTRATIVE PROCEDURES FOR THE
SUBDIVISION OF LAND FOR THE PURPOSES OF PROCESS IMPROVEMENTS
(SECOND READING AND ADOPTION) (Assistant City Manager/Director of
Development Services)
Staff recommendation: Council adopt the ordinance.
4. Item removed from Consent Calendar.
Page 2 ~ Council Minutes ~ ~ -~ March 5, 2013
5. A. RESOLUTION NO. 2013-032 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR DEL
MAR AVENUE ASSESSMENT DISTRICT 2011-0] (Director of Public Works)
B. RESOLUTION NO. 2013-033 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS; ESTABLISHING THE
RATE OF INTEREST AT FIVE PERCENT (5%) PER YEAR, WITH A MAXIMUM
FINANCING PERIOD OF TEN YEARS; AND APPLYING SUCH INTEREST RATE
AND DEFERRAL PERIOD TO ALL DEFERRALS FOR DEL MAR AVENUE
ASSESSMENT DISTRICT 2011-01 (Director of Public Works)
C. RESOLUTION NO. 2013-034 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR
PROPERTIES WITHIN ASSESSMENT DISTRICT 2011-01, AUTHORIZING THE
PLACEMENT OF LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE
RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE
ASSESSMENTS AT THE SAME TIME AND IN THE SAME MANNER AS OTHER
CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO (Director of Public
Works)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2013-035 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CHANGE ORDER TO THE CONTRACT WITH TRI-GROUP
CONSTRUCTION, INC. FOR THE "ALPINE AVENUE IMPROVEMENTS FROM
EMERSON STREET TO OXFORD STREET (STL379) AND TWIN OAKS AVENUE
IMPROVEMENTS FROM EMERSON STREET TO OXFORD STREET (STL386)"
PROJECT IN THE AMOUNT OF $98,726 TO PERFORM ADDITIONAL ELIGIBLE
WORK IN THE CASTLE PARK NEIGHBORHOOD AREA UNDER THE SECTION
108 LOAN PROGRAM; REDUCING THE STL380 BUDGET BY $41,593 AND THE
STL385 BUDGET BY $53,000 AND APPROPRIATING THE EQUIVALENT
AMOUNT TO STL379 (4/STHS VOTE REQUIRED) (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2013-036 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "CORRAL
COURT PUMP STATION REHABILITATION IMPROVEMENTS (CIP NO. SW264)"
PROJECT TO T.C. CONSTRUCTION CO. IN THE AMOUNT OF $616,780,
APPROPRIATING FUNDS IN THE AMOUNT OF $470,000 FROM THE
AVAILABLE SEWER FACILITY REPLACEMENT FUND BALANCE, WAIVING
CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE
OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO
EXCEED $92,220 (4/STHS VOTE REQUIRED) (Director of Public Works)
Page 3 ~ Council Minutes ~ 71 _~ March 5, 2013
Staff recommendation: Council adopt the resolution.
8. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 2.02 TO ADD SECTION 2.02.25 AND AMEND
SECTION 2.02.030 RELATING TO THE CONFLICT OF INTEREST CODE OF THE
CITY OF CHULA VISTA (FIRST READING) (City Clerk and City Attorney)
B. RESOLUTION NO. 2013-037 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST
CODE TO AMEND THE LIST OF OFFICIALS, CANDIDATES AND DESIGNATED
EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF
ECONOMIC INTERESTS AND THE DISCLOSURE CATEGORIES FOR SAID
FILERS, AND DESIGNATING THOSE FILERS AS "LOCAL AGENCY OFFICIALS"
FOR PURPOSES OF AB 1234, THEREBY REQUIRING THEM TO PARTICIPATE
IN MANDATED ETHICS TRAINING (City Clerk and City Attorney)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent
Calendar Items 1 through 3, 5 through 7, and Item 8 as amended, headings read,
text waived. Councilmember Salas seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF
THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.28.020,
RESIDENTIAL GRAYWATER STUB-OUT (FIRST READING) (Assistant City
Manager/Director of Development Services)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CHULA VISTA CLOTHES WASHER GRAYWATER PRE-
PLUMBING AND STUB-OUT FOR NEW RESIDENTIAL CONSTRUCTION
(Assistant City Manager/Director of Development Services)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
Mayor Cox announced that Item 4 was pulled by staff and the item would not be considered at
that meeting.
PUBLIC COMMENTS
Luanne Hulsizer, representing the Third Avenue Village Association, provided information on
the Taste of Third event.
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Frank McPhillips, Chu]a Vista resident, requested information about the proposed power
substation and the future location of the Chula Vista Elementary School District offices. He also
expressed concern with the quality of the pavement of his street. Mayor Cox stated the item
would be referred to staff.
The following members of the public spoke in opposition of a proposed bridge between Treviana
and Monet Streets:
• Alex Napoles, Chula Vista resident
• Kathryn O'Brien, Chula Vista resident
• Gail Nixon, Chula Vista resident
PUBLIC HEARINGS
9. CONSIDERATION OF AMENDMENTS TO THE EASTERN URBAN CENTER
SECTIONAL PLANNING AREA PLAN AND ASSOCIATED REGULATORY
DOCUMENTS FOR 207 ACRES OF LAND IN THE EASTERN URBAN CENTER OF
THE OTAY RANCH PLANNED COMMUNITY (Assistant City Manager/Director of
Development Services)
Staff recommendation: Council conduct the public hearing, adopt the following
resolution and place the ordinance on first reading.
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.
Patricia Ferman, Landscape Planner, presented information about the Eastern Urban Center
Sectional Planning Area Amendment.
Mayor Cox opened the public hearing.
Todd Galarneau, representing The Corky McMillan Companies, the applicant, provided
additional information about the project and proposed amendments. He stated the project grading
was scheduled to start in the next quarter.
There being no members of the public who wished to speak, Mayor Cox closed the public
hearing.
ACTION: Councilmember Aguilar moved to adopt the following Resolution No. 2013-038
and place the following ordinance on first reading, headings read, text waived.
Councilmember Salas seconded the motion, and it carried 5-0.
A. RESOLUTION NO. 2013-038 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CONSIDERING THE ADDENDUM (IS-13-001) TO EIR 07-01 AND
APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER SECTIONAL
PLANNING AREA PLAN FOR 207 ACRES OF LAND IN THE EASTERN URBAN
CENTER PORTION OF THE OTAY RANCH
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B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO
THE EASTERN URBAN CENTER PLANNED COMMUNITY DISTRICT
REGULATIONS AND DESIGN PLAN (FORM BASED CODE) FOR 207-ACRES OF
LAND IN THE EASTERN URBAN CENTER PORTION OF OTAY RANCH (FIRST
READING)
SPECIAL ORDERS OF THE DAY (Continued)
This item scheduled to be heard at 3:30 p.m. and was taken out of order and heard following
Item 9.
• PRESENTATION BY SAN DIEGO COUNTY PROBATION DEPARTMENT CHIEF
PROBATION OFFICER MACK JENKINS ON CALIFORNIA'S PUBLIC SAFETY
REALIGNMENT PROGRAM
Mack Jenkins, San Diego County Probation Department Chief Probation Officer, provided
information on AB109, referred to as "California's Public Safety Realignment Program" and
answered re]ated questions from the Council.
ACTION ITEMS
10. CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE SECTION
6.24.040 (BARKING DOGS) (Animal Caze Facilities)
Staff recommendation: Council place the following ordinance on first reading.
Deputy City Manager Bacon provided information about the proposed amendment to the
Municipal Code regarding barking dogs.
ACTION: Councilmember Salas moved to place the following ordinance on first reading,
heading read, text waived. Councilmember Aguilar seconded the motion, and it
carried 5-0.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS
AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND
ENFORCEMENT PROCESS (FIRST READING)
11. CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
9.09 (TRUANCY) (Police Chief)
Staff recommendation: Council place the following ordinance on first reading.
Lieutenant Collum provided information on the proposed truancy ordinance, including public
input used to develop the amendment and review by the Safety Commission.
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Karla Jensen, Chula Vista resident, spoke in opposition to staff s recommendation on the item.
Councilmember Aguilar stated for the record that Lieutenant Collum, who wrote and presented
Item 11, was her son. City Attorney Googins stated there was no apparent conflict of interest and
that Councilmember Aguilar could participate in discussion and voting on the item if she so
chose.
ACTION: Councilmember Aguilar moved to place the following ordinance on first reading,
heading read, text waived. Councilmember Ramirez seconded the motion, and it
carried 5-0.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 9.09 (TRUANCY) TO MODERNIZE AND UPDATE
THE ORDINANCE (FIRST READING)
12. CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
1.20 TO CLARIFY THE CITY ATTORNEY'S AUTHORITY AS PRIMARY
CRIMINAL PROSECUTOR (City Attorney)
Staff recommendation: Council place the following ordinance on first reading.
ACTION: Deputy Mayor Bensoussan moved to place the following ordinance on first
reading, heading read, text waived. Councilmember Salas seconded the motion,
and it carried 4-1, with Councilmember Ramirez opposed.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE
CHAPTER 1.20 TO CLARIFY CITY ATTORNEY AUTHORITY AS PRIMARY
CRIMINAL PROSECUTOR OF THE MUNICIPAL CODE AS STATED IN THE CITY
CHARTER (FIRST READING)
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
Chula Vista Police Department update.
City Manager Sandoval stated that 68% of the City's budget was dedicated to public safety. The
Police department budget was 43% of the City budget and police officers' compensation was at
80% of market, compared to 45% of market for other City personnel. He thanked the Council for
its support of public safety.
Chief Bejarano provided an organizational update on the Police department operations. He spoke
about the Matrix study that was completed in 2012, with the actual Proactive Patrol Time (PPT)
found to be 22% and the recommended PPT was 40%. He spoke about Police patrol staffing,
hiring efforts, and internal personnel transfers to increase patrol staffing.
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14. This item was taken out of order and addressed after Item I5.
15. COUNCILMEMBERS' COMMENTS
Councilmember Aguilaz:
REPORT REGARDING THE POLICE DEPARTMENT'S COMMUNITY ADVISORY
COMMITTEE, OPTIONS FOR CITY COUNCIL INVOLVEMENT THEREIN, AND
RELATED ISSUES (City Attorney and Police Chief)
Staff recommendation: Council consider the report and provide direction to staff. The
Police Chief recommends that the Community Advisory Committee continue in its
current form.
CITY COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING CITY
COUNCIL INVOLVEMENT IN THE POLICE DEPARTMENT'S COMMUNITY
ADVISORY COMMITTEE, THE CONTINUATION OF OR MODIFICATIONS TO
THE CITY COUNCIL PUBLIC SAFETY SUBCOMMITTEE, OR OTHER
APPROACH TO COUNCIL INVOLVEMENT WITH PUBLIC SAFETY ISSUES
Councilmember Aguilaz discussed the memoranda she distributed to the Council regarding the
summary of the Public Safety Subcommittee's activities in 2011-2012 and her proposed options
for engaging with the community on public safety issues.
Council discussion ensued on the options of engaging with the public regarding public safety
issues.
There was consensus of the Council to allow the Community Advisory Committee to continue in
its current form.
ACTION: Councilmember Salas moved to recommend replacing the Public Safety
Subcommittee with a workshop format involving the full Council to be held from
6:00 p.m. to 8:00 p.m. Mayor Cox seconded the motion, and it carried 4-1, with
Councilmember Aguilaz opposed.
Item 14 was taken out of order and discussed at this time.
14. MAYOR'S REPORTS
Mayor Cox announced the City's upcoming gun buyback event.
CLOSED SESSION
Mayor Cox announced that the Council would convene in closed session to discuss Items 16 and
191isted below. She stated the Council would not discuss Items 17 and 18.
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City Attorney Googins stated that he had recused himself from previous Council decisions and
staff processing of Item 16B and would continue to abstain from discussion and providing advice
on the item due a potential conflict of interest related to his previous involvement with the
matter. He stated he would not participate in Closed Session on the item and that the Council
would be advised by Senior Assistant City Attorney Miesfeld.
At 8:03 p.m., the Council convened in 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.
16. A. In the Matter of the Application of San Diego & Electric Company (U902E) for a Permit
to Construct the South Bay Substation Relocation Project; California Public Utility
Commission; Case No. 10-06-007; and
B. Kamal Nona v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2013-
33295-CU-WM-CTL
17. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
One Case
18. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c)
One Case
19. Approval of Closed Session Minutes for meetings of February 12, 2013 and February 26,
2013.
ADJOURNMENT
At 9:40 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Workshop on
Mazch 7, 2013, at 4:00 p.m.
~> ~
~.
Kerry K. B~ low, Se ' r Deputy City Clerk
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MINUTES OF A WORKSHOP OF THE CITY COUNCIL ~~
OF THE CITY OF CHULA VISTA
March 7, 2013 4:00 p.m.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:09 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Bensoussan, Ramirez (arrived at 4:12 p.m.),
Salas and Mayor Cox
ABSENT: Councilmember Aguilar (excused)
ALSO PRESENT: City Manager Sandoval, City Clerk Norris, and Senior Deputy
City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Public Works Director Hopkins led the Pledge of Allegiance.
PUBLIC COMMENTS
There were none.
WORKSHOP
1. INFRASTRUCTURE WORKSHOP
Public Works Director Hopkins introduced the Public Works employees and provided
information on the City's assets.
Assistant Public Works Director Quilantan described asset management and the asset
management performance curve. She presented the City's nine asset management systems and
their associated status changes from 2012 to 2013.
Public Works Supervisor Sanchez introduced the Wastewater Management System. Assistant
Director of Engineering Valle presented the valuation of components of the wastewater program.
He stated that the average annual budget needed to maintain the program was $3.5 million.
Public Works Manager Ripley presented the Roadway Management System. He provided
information on the City-owned assets in the public right-of--way, including pavement, sidewalks,
curbs and gutters, traffic signals, signs, and structures.
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Assistant Director of Engineering Valle provided information on the City's capital projects,
including sidewalk improvements on East H Street at Terra Nova, two locations on Naples
Street, and Elm Street.
Public Works Manager Ripley stated that the City needed to develop a sign assessment or
management system, with a minimum retrofit deadline of January 2015 to 2018, depending on
the item. He provided information on the sign testing completed to date, which showed a 39%
failure rate.
Open Space Manager Sirois presented information on the City's Open Space Management
System, and stated that staff was in the process of developing an asset management inventory.
He provided background, funding, and critical needs of the Urban Forestry Management System.
Assistant Director of Public Works Quilantan described the Fleet Management System and stated
that preventative maintenance was being performed on time approximately 50% of the time. The
cost of replacing recommended vehicles was $1.8 million.
Public Works Supervisor Sanchez presented the Drainage Management System, including
completed projects and assets being monitored due to poor condition.
Construction & Repair Manager Roberts described the Building Management System and the
building maintenance and repair challenges for the City's aging buildings.
Parks Operations Manager Bernardo presented the Parks Management System, inventory and
condition assessment, and critical needs and funding.
Public Works Director Hopkins provided information on the Government Management System
and stated that the goal was to generate revenue from the City's existing facilities. He provided a
summary of the funding needs and challenges for the department. To fully develop the asset
management program, $l.l million would be needed. Critical needs totaled $6.5 million, service
level deficiencies were $1.7 million, and a total maintenance backlog of $639 million. He
provided information on potential funding strategies, including a bond measure, sales tax
measure, fees, and assessment districts.
Councilmember Ramirez thanked staff for the comprehensive presentation.
In response to a question from Deputy Mayor Bensoussan, Public Works Director Hopkins
provided additional information regarding restitution for graffiti. Deputy Mayor Bensoussan
encouraged purchasing replacement vehic]es locally.
In response to a question from Councilmember Salas regarding treated wastewater, Public Works
Director Hopkins provided information about the possibility of self-supplying gray water.
Mayor Cox requested information about risks associated with pump station failures, as well as
options for joining on contracts with other agencies. Public Works Director Hopkins stated that
"piggybacking" on contracts with other agencies is used in some cases.
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Public Works Director Hopkins stated that the presentation provided to the Council would be
placed on the City's website.
Mayor Cox and Councilmember Salas commended the Public Works staff for their work.
Deputy Mayor Bensoussan expressed concern over the City not having the funding to act
proactively.
City Manager Sandoval commended the Public Works staff for their work. He stated he would
discuss with Council at a future meeting critical needs for the entire City.
ADJOURNMENT
At 6:15 p.m., Mayor Cox adjourned the meeting to the State of the City Address on March 12,
2013, at 6:00 p.m., in the Council Chambers.
-G
Kerry K. Bi el w, Senior eputy ~ y Clerk
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