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Home My WebLink Aboutcc min 2013/04/23MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Apri123, 2013 2:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar (arrived at 2:04 p.m.), Bensoussan, Ramirez, Salas and Mayor Cox ABSENT: None ALSO PRESENT: Assistant City Manager Halbert, City Attorney Googins, City Clerk Norris, and Senior Deputy City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Environmental Services Program Manager France led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • PRESENTATION OF PROCLAMATION TO CHULA VISTA POLICE CHIEF DAVID BEJARANO PROCLAIMING MAY 1, 2013 AS LAW ENFORCEMENT OFFICER'S DAY EQ CHULA VISTA Mayor Cox read the proclamation and Councilmember Salas presented it to Captain Wedge. RECOGNITION OF CLEAN CHAMPION AWARDS RECIPIENTS BY THE RESOURCE CONSERVATION COMMISSION AND PRESENTATION OF THE EARTH MONTH PROCLAMATION Environmental Resource Manager Reed and Environmental Services Program Manager France presented information on upcoming environmental programs. Members of the Resource Conservation Commission presented the Clean Champion Awazds. Mayor Cox read the Earth Month proclamation and Deputy Mayor Bensoussan presented it to Environmental Resource Manager Reed and Environmental Services Program Manager France. • PRESENTATION OF THE "PIONEER" AWARD BY GREEN CALIFORNIA Mayor Cox announced the City's receipt of the Pioneer Awazd from Green California, and Deputy Mayor Bensoussan presented the award to Resource Conservation Commission Chair Rahimzadeh and Environmental Resource Manager Reed. Page 1 ~ Council Minutes April 23, 2013 PRESENTATION OF A PROCLAMATION TO CHULA VISTA GARDEN CLUB PRESIDENT CRYSTAL FAIRLEY PROCLAIMING TUESDAY, APRIL 23, 2013 AS ARBOR DAY IN CHULA VISTA Mayor Cox read the proclamation and Councilmember Ramirez presented it to Chula Vista Gazden Club President Fairley. • PRESENTATION OF A PROCLAMATION TO CITY ATTORNEY GLEN GOOGINS PROCLAIMING MAY 1, 2013 AS LAW DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Aguilaz presented it to City Attorney Googins. • INTRODUCTION BY LIBRARY DIRECTOR BETTY WAZNIS OF NEWLY DESIGNED PUBLIC LIBRARY CARDS Library Director Waznis presented the newly designed public librazy cazds and announced upcoming events. • UPDATE FROM PORT OF SAN DIEGO CHAIR ANN MOORE ON CHULA VISTA BAYFRONT MASTER PLAN AND INTRODUCTION OF CONSULTANT TEAM WORKING ON DEVELOPMENT AND INFRASTRUCTURE PLANNING/SEQUENCING AND DESIGN GUIDELINES Board of Port Commissioners Chair Moore and San Diego Unified Port District Senior Planner Nishihira presented information on the Bayfront Master Plan. Mayor Cox recessed the meeting at 4:32 p.m. The Council reconvened at 4:53 p.m., with all members present. CONSENT CALENDAR (Items 1-6) Item 4 was removed from the Consent Calendaz at the request of staff. APPROVAL OF MINUTES of March 12 and March 19, 2013. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Ramirez requesting an excused absence from the April 16, 2013 City Council meeting. Recommendation: Council excuse the absence. 3. 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) Page 2 ~ Council Minutes April 23, 2013 B. RESOLUTION NO. 2013-060 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. 4. Item removed from Consent Calendar. RESOLUTION NO. 2013-062 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $13,258 FROM THE OTAY VALLEY ROAD ASSESSMENT DISTRICT 90-2 IMPROVEMENT FUND FOR ADDITIONAL CONSULTANT SERVICES REQUIRED TO ESTABLISH THAT ALL OF THE ENVIRONMENTAL OBLIGATIONS ASSOCIATED WITH A CITY ROAD WIDENING PROJECT HAVE BEEN COMPLETED (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services and Director of Public Works) Staff recommendation: Council adopt the resolution. 6. A. RESOLUTION NO. 2013-063 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS FOR OTAY PROJECT, L.P. FOR THE CONSTRUCTION OF HERITAGE ROAD AND GRANTING OTAY PROJECT, L.P. DEVELOPMENT IMPACT FEE CREDITS FOR THE OUTSTANDING BALANCE OF CONSTRUCTION COSTS (Assistant City Manager/Director of Development Services) B. RESOLUTION NO. 2013-064 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING BALDWIN AND SONS, LLC. TO CONSTRUCT HERITAGE ROAD AND RECEIVE CREDIT AGAINST DEVELOPMENT IMPACT FEES (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendar Items I through 3, 5, and 6, headings read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2013-061 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA COMMITTING HUD FUNDS TO WAKELAND HOUSING CORPORATION FOR AN AMOUNT NOT TO EXCEED $2,000,000 FOR THE DEVELOPMENT OF A PROPOSED MIXED USE RESIDENTIAL PROJECT AT 240 LANDIS AVENUE AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution Senior Project Coordinator Kurz provided information on the proposed project. Page 3 Council Minutes April 23, 2013 ACTION: Councilmember Salas moved to adopt Resolution No. 2013-062, heading read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carried 5-0. PUBLIC COMMENTS Dina Vera, Chula Vista resident, expressed concern regarding commercial vehicles parked on the street near the 00 block of E. Naples St. that obstruct the view of drivers. Item 11 was taken out of order and discussed at this time. 11. REPORT ON THE PROGRESS OF THE DEVELOPMENT OF THE FISCAL YEAR 2013/2014 PROPOSED BUDGET AND STRATEGIC PLANNING UPDATE (Director of Finance/Treasurer) Staff recommendation: Council accept the report. Director of Finance Kachadoorian and Assistant to the City Manager Mills presented information on the development of the fiscal year 2013/2014 proposed budget and strategic planning update. ACTION: Mayor Cox moved to accept the report, heading read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carried 5-0. PUBLIC HEARINGS 7. CONSIDERATION OF ADOPTING NEGATIVE DECLARATION AND THE HOUSING ELEMENT UPDATE OF THE GENERAL PLAN FOR THE 2013-2020 PLANNING PERIOD (Assistant City Manager/Director of Development Services) Staff recommendation: Council conduct the public heazing and adopt the following resolution. 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. Principal Project Coordinator Hines presented information on the housing element update. ACTION: Mayor Cox moved to adopt the following Resolution No. 2013-065, heading read, text waived. Councilmember Salas seconded the motion, and it carried 5-0. RESOLUTION NO. 2013-065 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION (IS-12-006) AND THE HOUSING ELEMENT UPDATE OF THE GENERAL PLAN FOR THE 2013-2020 PLANNING PERIOD Page 4 Council Minutes April 23, 2013 8. CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE "MOSS STREET SEWER IMPROVEMENTS AT RAILROAD CROSSING (SW272)" PROJECT PER CITY CHARTER SECTION 1009 (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt the following resolution. 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 hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Ramirez moved to adopt the following Resolution No. 2013-066, heading read, text waived. Councilmember Salas seconded the motion, and it carved 5-0. RESOLUTION NO. 2013-066 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR, ACCEPTING BIDS, AND AWARDING A CONTRACT FOR THE "MOSS STREET SEWER IMPROVEMENTS AT RAILROAD CROSSING (SW272)" PROJECT TO RMV CONSTRUCTION, INC. IN THE AMOUNT OF $224,400, WAIVING CITY COUNCIL POLICY NO. 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $60,000 BOARD AND COMMISSION REPORTS 9. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.01 (CODE OF ETHICS) TO THE CHULA VISTA MUNICIPAL CODE AND AMENDING CHAPTER 2.28 (BOARD OF ETHICS), INCLUDING ADDING SECTIONS 2.28.160 (DISCLOSURE OF BOARD RECORDS) THROUGH 2.28.170 (SEVERABILITY), OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) (City Attorney's office via Chula Vista Board of Ethics) Recommendation: City Council place the ordinance on first reading with modifications recommended by the Board of Ethics as discussed in the staff report. Deputy City Attorney Silva presented information on the Board of Ethics' recommended update to the Chula Vista Municipal Code. ACTION: Deputy Mayor Bensoussan moved to place the ordinance on first reading, heading read, text waived. Mayor Cox seconded the motion, and it carried 5-0. Page 5 Council Minutes April 23, 2013 ACTION ITEMS 10. UPDATE CITY COUNCIL ON THE PROGRESS OF THE PROACTIVE SIGN ENFORCEMENT PROGRAM (Assistant City Manager/Director of Development Services) Staff recommendation: Council accept the report. Item 10 was continued to a future meeting. 11. Item I 1 was taken out of order and discussed following Public Comments. OTHER BUSINESS 12. CITY MANAGER'S REPORTS Assistant City Manager Halbert announced the upcoming Urban Land Institute conference and tour of the Bayfront. 13. MAYOR'S REPORTS Ratification of appointment of Jason Paguio to the Cultural Arts Commission. ACTION: Mayor Cox moved to ratify the appointment of Jason Paguio to the Cultural Arts Commission. Deputy Mayor Bensoussan seconded the motion, and it carried 5-0. Mayor Cox announced the following upcoming events: the YMCA's Healthy Kids Day, Go Green and Clean Family Day, Cycle Eastlake, and e-waste and prescription drug take back events. 14. COUNCILMEMBERS' COMMENTS Councilmember Salas: RESOLUTION NO. 2013-067 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE IMMEDIATE IMPLEMENTATION OF REASONABLE AND COMPREHENSIVE IMMIGRATION REFORM THROUGH A BI-PARTISAN APPROACH Recommendation: Council adopt the resolution. ACTION: Councilmember Salas moved to adopt Resolution No. 2013-067, heading read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carried 5-0. Pedro Rios, Chula Vista resident, submitted written documentation in support of the recommendation on Item 14; however, he was not present to speak. Page 6 ~ Council Minutes April 23, 2013 Councilmember Ramirez spoke in support of the Council discussing the expedited implementation of the Advanced Life Support program and Police staffing issues at a Council workshop prior to the annual budget discussion. Councilmember Aguilaz stated she would submit a memorandum via the City Clerk regarding a Council discussion of public safety issues. At the request of Councilmember Ramirez, there was consensus of the Council to request information from the City Manager regarding the process for handling homeless concerns in public areas. Deputy Mayor Bensoussan announced an upcoming immigration forum and health fair. Councilmember Salas congratulated the organizers of the Day of the Child event. Mayor Cox announced the upcoming Chula Vista Community Fun Run. ADJOURNMENT At 7:56 p.m., Mayor Cox adjourned the meeting in memory of Gilbert Huerta to the next Regulaz City Council Meeting on May 7, 2013, at 2:00 p.m., in the Council Chambers. Kerry K. B' low, Seni Deputy City Clerk Page 7 Council Minutes April 23, 2013