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HomeMy WebLinkAboutcc min 2014/07/22 City of Chula Vista Meeting Minutes Tuesday,July 22,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vsta,CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALLTO ORDER A Regular Meeting o( the City Council of the City o/ Chula Vista was called to order at 2 04 p.m. in the Council Chambers, locafed in City Hall, 276 Fourth Avenue, Chula Vista, Califomia. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Salas and Mayor Cox Absent: Councilmember Ramirez PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Pnncipal Civil EngineerRivere led the Pledge olAllegiance. SPECIAL ORDERS OF THE DAY A. 14-0435 OATH OF OFFICE David Marshall, Safety Commission Marivic Lisama, Housing Advisory Commission City Clerk Norris administerad fhe oaths of oKce to Commissioners Marsball and L15ama. B. 14-0430 PRESENTATION BY AMERICAN PUBLIC WORKS ASSOCIATION (APWA) PRESIDENT CLARK FERMON AND PRINCIPAL CIVIL ENGINEER JOSE GOMEZ REGARDING APWA OF SAN DIEGO 8 IMPERIAL COUNTIES' 2014 AWARD FOR PROJECT OF THE YEAR FOR STRUCTURES UNDER 52 MILLION - PEDESTRIAN BRIDGE & TRAIL PROJECT (PR318) Principal Civd Engineer Rivera and Gark Fermon, Amencan Publ�c Works Association President, presented informa6on 2garding fhe 2014 award for project ol the year. C. 14-0433 PRESENTATION BY THE SAN DIEGO FOUNDATION REGIONAL OUTREACH MANAGER ZANETA ENCARNACION, CHULA VISTA CHARITABLE FOUNDATION (CVCF) CHAIR MICHAEL MEACHAM, VICE CHAIR DEBBIE ESPE AND FINANCE CHAIR RICK RICHARDSON OF THE CVCF'S ANNUAL REPORT TO THE CITY COUNCIL Zaneta Encamacion, Michael Meacham, and Rick Richa/dson, representing the Chula Visfa Charitable Foundation,p2sented fhe Foundation's annual report. Ciry oI Chula Ysfa Page 7 I City Council Meeting Minutes July 22,2014 D. 14-0408 UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S CONTINUOUS IMPROVEMENT PROGRAM: DEVELOPMENT SERVICES DEPARTMENT DOCUMENT HANDLING AND STORAGE Assistant to the City ManagedConGnuous Improvemenl Manager Mills and Direc[or ol Information Technology Services Chew provided informahon regardrng the City's conhnuous improvemenf prog2m. Assrstant Directo� of Engineenng Valle, Records Manager Tumer, Housing Manager Hines, and Pnncipal Civil Engineer Adler gave a presenfation on the Development Services Departmenf document handling and storage proJect. CONSENT CALENDAR (Items 1 - 10) Mayor Cox announced that Item 7 would be continued to an upcoming meehng of the Council 1. 14-0443 APPROVAL OF MINUTES of June 10 and 17, and July 8, 20�4. � Recommended Action:Council approve the minutes. 2. 14-0444 WRITTEN COMMUNICATIONS Letter of resignation from Rebecca Kelley, International Friendship Commission Recommended Action:Council accept the resignation. 3. 14-0436 ORDINANCE NO 3314 OF THE CITY OF CHULA VISTA AMENDING: CHULA VISTA MUNICIPAL CODE SECTION 13.14.090 (SEWER CAPACITY CHARGE), THE CITY'S MASTER FEE SCHEDULE (CHAPTER 12 - SEWER FEES); AND THE CITY'S SUBDIVISION MANUAL (SECTION 3-300 - SEWER DESIGN CRITERIA), TO MODIFY THE SEWER CAPACITY CHARGE AND THE WASTEWATER UNIT GENERATION RATES (SECOND READING AND ADOPTION) Recommended Action:Council adopt the ordinance. 4. 14-0437 ORDINANCE NO. 3315 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 5. 14-0438 ORDINANCE NO. 3316 OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING AND ZONING (SECOND READING AND ADOPTION) Recommended Action:Council adopt the ordinance. C�ry o/Chula Ysfa Page 2 City Council Meeting Minutes July 22,2014 6. 14-0358 A. RESOLUTION NO. 20'14-142 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO APPROVE THE USE CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF S177,800, CURRENTLY HELD BY THE COUNTY OF SAN DIEGO FOR THE PURCHASE AND INSTALLATION OF A PROGRAMMABLE LOGIC CONTROLLER FOR THE NATURAL GAS COMPRESSOR STATION, REFURBISHING THE NATURAL GAS DRYER, AND REHABILITATION OF THE PUBLIC WORKS CENTERlfRANS1T YARD BUILDINGS AND AUTHORIZING THE APPROPRIATION OF 5177,800 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE CAPITAL EXPENSE CATEGORY OF THE TRANSIT CAPITAL PROJECT FUND (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2014-143 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING INCREASING THE TRUSTAR ENERGY CONTRACT LIMIT ABOVE 5100,000 TO PURCHASE AND INSTALL THE PROGRAMMABLE LOGIC CONTROLLER AND MAINTAIN THE NATURAL GAS COMPRESSOR STATION Recommended Action:Council adopt the resolutions. Ilem 7 was removed from the Consenl Calendar and rnntinued to a futu2 meeting of the Council. 8. 14-0419 A. RESOLUTION NO. 2014-144 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS IN THE AMOUNT OF 5386,310 UNDER THE PRE-DISASTER MITIGATION GRANT PROGRAM THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR BRUSH CLEARANCE IN RICE CANYON AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL NECESSARY GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO APPLICATIONS, AGREEMENTS, AMENDMENTS TO SECURE THE GRANT FUNDS; APPROPRIATING 5386,310 IN GRANT FUNDING TO THE CIP EXPENSE CATEGORY OF THE FEDERAL GRANTS FUND FOR THE NEWLY ESTABLISHED "BRUSH CLEARANCE IN RICE CANYON' CIP OP225; AND TRANSFERRING S133,333 FROM FIRE DEPARTMENT'S NON CIP PROJECTS EXPENDITURE CATEGORY TO CIP OP225. (4/5 VOTE REQUIRED) Lrry o!Chula Ysfa Paga J City Council Meeting Minutes July 22,2014 B RESOLUT�ON NO. 2014-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE CITY'S AGENTS TO PROVIDE ALL NECESSARY ASSURANCES AND AGREEMENTS REQUIRED BY THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Reeommended Action:Council adopt the resolutions. 9. 14-0392 RESOLUTION NO. 2014-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RECON ENVIRONMENTAL, INC. TO SERVE AS THE OTAY RANCH PRESERVE STEWARD/BIOLOGIST, AND AUTHORIZING THE CITY MANAGER TO EXECUTE UP TO FOUR 1-YEAR EXTENSIONS, AND ANY RELATED DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT Recommended Action: Council adopt the resolution. 10. 14-0421 A. RESOLUTION NO. 2014-147 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES B. RESOLUTION NO. 2014-148 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014-2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C. RESOLUTION NO. 2014-149 OF THE CITY COUNCIL OF THE CIN OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE ADMINISTRATION AND ANIMAL CARE FACILITY DEPARTMENTS TO REFLECT THE_PROPOSED TITLE CHANGES D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (FIRST READING) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolutions and place the ordinance on first reading. Ciry o/Chula Ysta Page 0 City Council Meeting Minutes July 22,20�4 Approval of the Consent Calendar ACTION: A motion was made by Mayor Coz, seconded by Councilmember Bensoussan, to approve stafPs recommendations on the above . Consent Calendar items, headings read,text waived.The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 7. 14-0389 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.310 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 (FIRST READING) Ma}ror Cox announced that Item 7 woukl be conhnued to a future meeting o1 the Council. PUBLIC COMMENTS The2 we2 none. PUBLIC HEARINGS 11. 14-04d9 CONSIDERATION OF UPDATING THE WESTERN TR.4NSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA, AMENDING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE BENEFIT AREA, AND ESTABLISHING THE BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE Notice of the hearing was given in accordance vrifh legal requiiements, and lhe heanng was he/d on the date and no eadier than[he 6me specified in the notice. Ma}ror Cox opened the public heanng and continued tbe item fo the Council meeting of August 5, 2014. 12. 14-0448 CONSIDERATION OF ACCEPTING A STAFF REPORT RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE TO MODIFY THE EXISTING TR,4NSPORTATION DEVELOPMENT IMPACT FEE Notice of fhe hearing was given in accordance wrth legal raqui�ements, and the heanng was held on the date and no eadie�than the time specified in the notice. Ma}ror Cox opened Ihe public heanng and continued the ifem fo the Council meeting of August 5, 2014 Crty o/Chula Visra Page 5 City Council Meetlng Minutes July 22,2014 13. 14-0420 The ordinance was placed on frst reading at the meeting of July 22, 2014. Consideration of the resolution was continued to the meeting of August 5, 2014. CONSIDERATION OF GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC SERVICES OF CHULA VISTA) A ORDINANCE OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SERVICES, INC. (DBA REPUBLIC OF CHULA VISTA) ON THE TERMS PRESENTED UNTIL JUNE 30, 2024 WITH TWO OPTIONS TO EXTEND UNTIL JUNE 30, 2031 AND JUNE 30, 2039, RESPECTIVELY, SUBJECT TO THE CITY'S DETERMINATION OF SATISFACTORY PERFORMANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND ALLIED WASTE OF NORTH AMERICA, INC. (DBA OTAY LANDFILL, INC,) AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME Notice of the heanng was given in accordance with legal reqwrements, and the heanng was held on the date and no eaAier than the Gme speafied in the notice Director of Public Works Hopkins and Environmental Services Program Manager France presented informahon on the item and recommended the Council place the ordinance on first reading and conhnue the resolution to the Council meeting of August 5, 2014 Mayoi Cox opened the public heanng, The�e berng no members of the publ�c who wished to speak, Mayor Cox c/osed the public heanng Gry Attomey Googins stated that a revised version o/ the ordmance had been promded to the Council /or consideration. Conside�a6on of the resoluhon was con6nued to the meeting of August 5, 2074 ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that the above ordinance be placed on first reading, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 Ciry o/Chula Vsfa Page 6 Ciry Council Meeting Minutes July 22,2014 14. 14-0393 CONSIDERATION OF AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN AND APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM A. RESOLUTION NO. 2014-150 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA BAYFRONT MASTER PLAN (UPD#83356-EIR-G58/SCH#2005081077), MAKING CERTAIN FINDINGS AND APPROVING THE AMENDED LAND USE PLAN OF THE LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL COMMISSION B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH '19.87, AND MAKING CERTAIN FINDINGS WITH REGARD THERETO (FIRST READING) Notice of the hearing was given in accordance vnth legal requirements. and the heanng was held on the date and no eaAie�than the time specified in the notice. Councilmember Salas sfated she i+ould abstain from vofing and participating in discussion on the ifem due fo a potential property-relafed conBict of inferest She IeR the dais at 3:01 p m Mayor Cox opened the public hearing. John Moot and Steve Padilla, raprasenfing Inland Industries, each spoke in support of staMs recommendation and also in suppoR o! Councd cla.i/ying some of the policy and implementation details, including the language regarding the building heighfs and undergrounding of utility lines. Thera being no other members of fhe public who wished to speak, Mayor Cox dosed the public heanng. Senior Planner Tapia responded to Council questions regarding the�tem ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that Resolution No. 2014•150 be adopted and the above ordinance be placed on first reading, headings read, text waived. The motion carried by the followinq vote: Yes: 3- Aguilar, Bensoussan and Cox No: 0 Abstain: � - Salas Councilmember Salas retumed to the dais at 3:30 p.m., following discussion and vo6ng on Ilem 14. Ciry ol Chula YuYa Page 7 City Councit Meeting Minutes July 22,2014 15. 14-0407 CONSIDERATION OF ANNEXATION OF TERRITORY (OTAY RANCH VILLAGE 8 WEST) TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) A. RESOLUTION NO 2014-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)„ MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C"THERETO B RESOLUTION NO. 2014-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97- 2 (PRESERVE MAINTENANCE DISTRICT), DECLARiNG THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "C," ANNEXATION NO. 9, AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA City Clerk Norris stated fhat the no6ce of the heanng was given in the form and manner as required by law. The heanng was held on the date and no earlier than the fime specified in the notice. Mayor Cox opened the public heanng There bemg no members of the pub6c who wished to speak, Mayor Cox closed fhe public heanng. ACTION: A mo6on was made by Councilmember Bensoussan, seconded by Deputy Mayor Aguilar, that Resolution No. 2074-151 be adopted, heading read, text-waived. The mofion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 City Cleik Noms opened the ballot and decla�ed the dem passed ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Bensoussan, to adopt Resolution No. 2014-152, headings read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 Cify o/Chula Ysia Page e � City Council Meeting Minutes July 22,2014 BOARD AND COMMISSION REPORTS 16. 14-0440 RESOLUTION NO. 2014-153 OF THE CITY COUNCIL (A) APPROVING DRAFT MODIFICATIONS TO CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES; AND (B) DIRECTING STAFF TO PREPARE THE ITEM FOR COUNCIL CONSIDERATION FOR PLACEMENT ON THE NOVEMBER 4, 2014 BALLOT Mayor Cox recessed the meeting at 3.38 p.m. The Counci/ 2convened at 3:50 p.m., with Deputy Ma}ror Aguilar. Councilmembe�� Salas, and Ma}ror Cox presenL Councilmember Bensoussan retumed to lhe dais at 3:53 p.m. City Attomey Googins presented informafion on the item. He racommended that the Council adopt the resolution and diiect stafl to p2sent a proposed ballot measurs and budget appropriation for Council considerafion at the meeting o/AUgust 5, 2074. Public Wolks Di2cfor Hopkins and Directo� of Economic Development Meacham provided informafion regarding the item. C�ty Clerk Norris and City Attomey Googins provided informahon on fhe anticipated source o/ funding for fhe cost of a pofential ballot measu2. At the request ol Mayo� Cox, there was consensus o! a ma/onty o/ the Council to direct stafl to shongty consider setting the threshold for cont2cts requinng City Council approval at$500,000. At the request of Deputy Ma}ro� Aguilar, City Manager Halbert stated fhat staR would cnmmunicate the pmposed changes and solicif feedback f/om some business and labor inte2sts that might be affecfed by a possible change to the th2shold. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, that Resolution No. 2014-153 be adopted, heading read, tezt waived.The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 0 CITY MANAGER'S REPORTS 7here was none. Ciry o/Chula Ysb Pagc 9 City Council Meeting Minutes July 22, 2014 MAYOR'S REPORTS 17. 14-0446 CONSIDERATION OF INCLUDING ON THE AUGUST 5, 2014 AGENDA AN ITEM PLACING A MEASURE ON THE NOVEMBER 4, 2014 BALLOT AMENDING THE CHULA VISTA CHARTER TO ELIMINATE THE REQUIREMENT OF A RUN-OFF ELECTION WHEN A CANDIDATE RECEIVES A MAJORITY OF THE VOTES CAST IN A GENERAL ELECTION OR A SPECIA� ELECTION HELD TO FILL A VACANCY Mayor Cox piasented information on the dem ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to place an item on the above topic on the agenda of August 5, 2014for Council consideration.The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan,Salas and Cox No: 0 Abstain: 0 At the request oI Mayor Cox, there was consensus of the Councd to add an item to [he agenda of August 5, 2074 for Council considera[ion o/ a ballot measure related fo e6minating the �eqwremenf of a run-oN e/ection for a candidate rece�ving a ma�onty of the votes cast in a general elec6on or a special election There was consensus o/ the Council to also consde� standardaing the language in the Charter to align the City's election ferminology with that of the State, including the use o/ "spec�al" and "general" as related fo names of elections COUNCILMEMBERS' COMMENTS Councdmember Bensoussan announced the upcoming HarborFest event that would be held on August 16. 2014 ADJOURNMENT At 4:57 p.m., the meehng was ad�oumed to the-Regular Gty Council Meetrng on August 5, 2074, at 2�00 p.m., �n the Councd Chambers ���t/ /l.(.lu � . /Y!//✓�/� ,¢�,/-y Kerry K. Bigelow, Assistant Ci� ty Clerk —x v U City o/Chula Ysfa Page 70