HomeMy WebLinkAbout2009/10/06 Agenda1 declare under penalty of perjury that I am
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`~~ CIIY OF
CHULA VISTA
Cheryl Cox, Mayor
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Rudy Ramirez, Councilmember James D. Sandoval, City Manager
Mitch Thompson, Interim Councilmember Bart Miesfeld, City Attorney
Pamela Bensoussan, Councilmember Donna Norris, City Clerk
Steve Castaneda, Councilmember
October 6, 2009
4:00 P.M.
CALL TO ORDER
Council Chambers
City Hall -Building 100
276 Fourth Avenue
ROLL CALL: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
• INTRODUCTION BY GARY HALBERT, DEPUTY CITY MANAGER/DEVELOPMENT
SERVICES DIRECTOR, OF EMPLOYEE OF THE MONTH LYNETTE JONES,
SENIOR PROJECTS COORDINATOR
• PRESENTATION BY CITY MANAGER JIM SANDOVAL AND ASSISTANT CITY
MANAGER SCOTT TULLOCH RECOGNIZING INTERIM LIBRARY DIRECTOR
MARGARET KAZMER FOR HER SERVICE TO THE CITY OF CHULA VISTA
• OATHS OF OFFICE:
James Balnis, Board of Librazy Trustees
• PRESENTATION OF A PROCLAMATION TO EMMA MCCLEES, SENIOR RISK
MANAGEMENT SPECIALIST, DECLARING THE WEEK OF OCTOBER 5, 2009,
AS DRNE SAFELY TO WORK WEEK IN THE CITY OF CHULA VISTA
• PRESENTATION OF A PROCLAMATION TO MARIA SHEPERD, ON BEHALF OF
FIRST ROBOTICS TEAM SAN DIEGO, PROCLAIMING SATURDAY, OCTOBER
17, 2009, AS FIRST ROBOTICS DAY IN CHULA VISTA
• PRESENTATION TO FIRE CHIEF DAVID HANNEMAN AND DEPUTY FIRE
CHIEF JUSTIN GIPSON, OF A PROCLAMATION PROCLAIMING OCTOBER 4,
2009 AS FIRE PREVENTION WEEK IN THE CITY OF CHULA VISTA
• PRESENTATION OF A REPORT BY FIRE CHIEF DAVE HANNEMAN, ON THE
STATUS OF WILDLAND FIRE PREPARATIONS AND CITY EMERGENCY
OPERATIONS CENTER CAPABILITY FOR THE CURRENT FIRE SEASON
CONSENT CALENDAR
(Items 1-16)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or staff reguests
that an item be removed for discussion. If you wish to speak on one of these items, please
fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of June 3 and June 9, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letters of resignation from Joanne Clayton-Eason, Mobile Home Rent Review
and Planning Commissions.
B. Letter of resignation from Mitch Thompson, Planning Commission.
Staff recommendation: Council accept the resignations.
3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.050
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE
OF COUNCIL WORKSHOPS (SECOND READING AND ADOPTION)
Section 2.04.050 of the Chula Vista Municipal Code sets the time and place for City
Council Workshops. The current ordinance sets the time on the fourth Thursday of the
month at four p.m. in the council conference room in the Civic Center Complex.
Adoption of the ordinance will update the Municipal Code to reflect the current practice
of convening Council Workshops on the first Thursday of the month. This ordinance was
introduced on September 15, 2009. (Director of Finance)
Staff recommendation: Council adopt the ordinance.
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4. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 10,
CHAPTERS 10.08, 10.52, 10.56 AND 10.62, OF THE CHULA VISTA MUNICIPAL
CODE, RELATED TO PARKING (SECOND READING AND ADOPTION)
B. ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING THE BOUNDARIES
OF THE DOWNTOWN PARKING DISTRICT (SECOND READING AND
ADOPTION)
As part of the City's management of the Downtown Pazking District, staff has worked
closely with the public to identify administrative and capital improvements that can be
implemented. Adoption of the ordinances modifies the district boundaries and amends
the Chula Vista Municipal Code to implement the pazking management strategy
presented to the Council September 15, 2009. These ordinances were introduced on
September 15, 2009. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the ordinances.
5. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.12, GREEN
BUILDING STANDARDS, TO THE CHULA VISTA MUNICIPAL CODE (SECOND
READING AND ADOPTION)
On July 10, 2008, the Council approved Resolution No. 2008-177 adopting the
Implementation Plans for the Climate Change Working Group measures. Measure 4,
Green Building Standards, consists of several components, one of which is the eazly
adoption of the State Housing and Community Development's standards that aze in the
California Green Building Standards Code. The proposed ordinance adopts the green
building standards and requires them on all residential and non-residential construction.
This ordinance was introduced on September 15, 2009. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
6. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO
CHULA VISTA MUNICIPAL CODE SECTION 8.25.095 -CONSTRUCTION AND
DEMOLITION DEBRIS RECYCLING (SECOND READING AND ADOPTION)
In Mazch 2008, the Council adopted the Construction and Demolition Debris Recycling
Ordinance, Chula Vista Municipal Code 8.25.095. Staff and applicants have worked with
the process and are recommending modifications to the ordinance to provide clarity and a
more detailed description of the required Waste Management Report. This ordinance
was introduced on September 15, 2009. (Director of Public Works)
Staff recommendation: Council adopt the ordinance.
ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE SECTIONAL
PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM BASED
CODE) REGULATIONS FOR OTAY RANCH EASTERN URBAN CENTER
(SECOND READING AND ADOPTION)
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On September 15, 2009, the Council approved the Sectional Planning Area Plan for the
Eastern Urban Center portion of Otay Ranch. This ordinance adopts regulations for the
Eastern Urban Center. This ordinance was introduced on September 15, 2009. (Deputy
City Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
8. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTAY
RANCH LLC FOR MCMILLIN'S PORTION OF THE EASTERN URBAN CENTER
(SECOND READING AND ADOPTION)
In conjunction with an application for a Sectional Planning Area (SPA) Plan and
Tentative Map, McMillin Otay Ranch proposed a development agreement for its portion
of the Eastern Urban Center (EUC) project. The proposed development agreement
provides greater certainty in the development of the project to the applicant and provides
additional benefits to the City that would otherwise not be realized. Approval of the
development agreement is integral to being able to finance and develop the project as it is
identified in the SPA Plan. This ordinance was introduced September 15, 2009. (Deputy
City Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING DEVELOPMENT IMPACT FEE PAYMENT PLAN AGREEMENTS
WITH SHEA HOMES, L.P. FOR OTAY RANCH VILLAGE 11, "CLOVER", PHASE
SEVEN AND OTAY RANCH VILLAGE 7, "MOSAIC" PHASE FIVE;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON
BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD THE
LIENS AND THE AGREEMENTS WITH THE COUNTY RECORDER OF THE
COUNTY OF SAN DIEGO
On January 6, 2009 the Council adopted Ordinance No. 3120 providing developers the
opportunity to enter into a payment plan for City Development Fees to stimulate
development during this economic downturn. The proposed agreements with Shea
Homes, L.P. set forth the terms of the payment plan for two residential projects within the
Otay Ranch. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUBMITTAL OF A LOCAL ENERGY ASSURANCE PROGRAM
GRANT APPLICATION TO THE U.S. DEPARTMENT OF ENERGY FOR $300,000,
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
ALL DOCUMENTS NECESSARY TO OBTAIN AND MANAGE THE GRANT
Page 4 -Council Agenda http://www chulavistaca.eov October 6, 2009
To achieve and maintain sustainable energy security, alternative emergency energy
systems aze needed to support critical facilities -those supporting the health, safety,
security, and orderly functioning of a community. Adoption of the resolution approves
submission of an application in conjunction with the National Energy Center for
Sustainable Communities to the U.S. Department of Energy for grant funding to produce
and disseminate a model municipal emergency energy system design and technical
planning guide to ensure the operation of critical urban facilities and infrastructure during
disruptions of electric and gas supplies. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED POSITION TO THE
AUTHORIZED POSITION COUNT FOR THE POLICE DEPARTMENT, AMENDING
HE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT
THE ADDITION OF A CBAG ACCOUNTING TECHNICIAN AND AUTHORIZING
THE RECLASSIFICATION OF THE CBAG MANAGEMENT ASSISTANT TO THE
POSITION OF CBAG ADMINISTRATIVE ANALYST II
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT
OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF CBAG
ACCOUNTING TECHNICIAN (4/STHS VOTE REQUIRED) (FIRST READING)
The California Border Alliance Group (CBAG) requested the addition of one new
position, CBAG Accounting Technician. CBAG also requested reclassification of one
CBAG Management Assistant to CBAG Administrative Analyst II. Chula Vista City
Charter section 500 requires all unclassified positions not mentioned specifically in
Charter section 500 be adopted by Ordinance. The Police Department requests the new
CBAG position be added to the unclassified service. (Police Chief)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING ONE VEHICLE FROM THE UNITED STATES MARSHALS SERVICE
FOR FUGITIVE TASK FORCE OPERATIONS AND APPROPRIATING $6,000 FOR
FUEL AND MAINTENANCE COSTS TO THE FISCAL YEAR 2010 POLICE
DEPARTMENT SUPPLIES AND SERVICES BUDGET BASED UPON
UNANTICIPATED REVENUES (4/STHS VOTE REQUIRED)
The United States Mazshals Service (USMS) has identified funding to pay for vehicles
for participating agencies in the Fugitive Task Force. The Police Department requests to
accept one vehicle from USMS for Fugitive Task Force operations. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 5 -Council Agenda http://www.chu(avistaca.eov October 6, 2009
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE
POLICE DEPARTMENT TO CONTRACT WITH AMERICAN EMERGENCY
PRODUCTS FOR POLICE VEHICLE OUTFITTING SERVICES
Because of personnel reductions in the Public Works Department, there is limited City
staff available to outfit new vehicles. In order to process 24 new police vehicles in a
timely manner, the Police Department recommends contracting with American
Emergency Products to provide vehicle outfitting for the Police Department fleet. (Police
Chief)
Staff recommendation: Council adopt the resolution.
14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $346,395 FROM THE ORGANIZED CRLME DRUG ENFORCEMENT
TASK FORCE PROGRAM TO SUPPORT REGIONAL OPERATIONS (4/STHS
VOTE REQUIRED)
The Police Department has been awarded $346,395 from the Organized Drug Crime
Enforcement Task Force to act as a fiduciary for its operational costs. The City will
receive athree-percent administrative fee for being the fiduciary agent. (Police Chief)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING AN EASEMENT OVER A PORTION OF CITY OWNED LAND TO SAN
DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR UTILITY AND ACCESS
PURPOSES AS NECESSARY TO PROVIDE ELECTRICAL AND/OR GAS SERVICE
TO THE PIMA MEDICAL INSTITUTE/ANIMAL CONTROL OFFICER COMPLEX
AT THE ANIMAL CONTROL FACILITY
The construction of Pima Medical Institute/Animal Control Officer complex at the
Animal Control Facility is nearing completion. In order to provide power to the newly
relocated buildings it is necessary to grant an easement to San Diego Gas & Electric for
underground power and communications facilities. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO COMMUNITY HOUSING CORPORATION FOR THE
IMPLEMENTATION OF THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT NEIGHBORHOOD STABILIZATION PROGRAM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND
ANY NECESSARY DOCUMENTS
Page 6 -Council Agenda http://www.chulavistaca.eov October 6, 2009
On March 3, 2009, Council approved and appropriated Neighborhood Stabilization
Program funds that included a portion for Rental Housing for Very Low Income
Households. Staff is bringing forward the selected agencies in response to a Request For
Qualifications for Council consideration and to authorize the City Manager to execute
any necessary documents. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from discussing or taking action on any issue not
included on the agenda, but, if appropriate, the Council may schedule the topic for future
discussion or refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish to speak on any item, please fall out a "Request to Speak" form (available in the
lobby) and submit it to the Ciiy Clerk prior to the meeting.
17. CONSIDERATION OF AN APPLICATION FOR A REZONE FROM MHP-
EXCLUSIVE MOBILEHOME PARK TO R-3-P, APARTMENT RESIDENTIAL
ZONE, WITH A PRECISE PLAN MODIFYING DISTRICT
Approval of the application rezones a vacant 4.35-acre project site that was the former
location of Jade Bay Mobile Home Pazk, and makes the zoning consistent with the
general plan and allows the site to be developed under the R-3 zoning designation with a
precise plan modifying district. (Deputy City Manager/Development Services Director)
Staff recommendation: Council continue the item to a date uncertain.
18. CONSIDERATION OF AMENDMENTS TO THE CHULA VISTA GAMING PLAN
PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 5.20.001
The Village Club cazd room requested amendments to the Chula Vista Gaming Plan that
are authorized by California law and have been reviewed and approved by the California
Attorney General's Office. The amendments include increasing the number of gaming
tables by four, increasing credit lines for players, and changing the hours of alcohol
service, among others. Village Club plans to seek a Conditional Use Permit amendment
at a later time so that it can operate under these changes to the Gaming Plan. The Police
Department and City Manager have consented to these amendments. (City Attorney)
Page 7 -Council Agenda ~://www chulavistaca. _ov October 6, 2009
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING AMENDMENTS TO THE CHULA VISTA GAMING PLAN
PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 5.20.001
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council and are expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
19. CONSIDERATION OF APPROVAL OF THE NETWORK LICENSE AND
ENCROACHMENT PERMIT AGREEMENT WITH NEXTG NETWORKS, INC.
Adoption of the proposed resolution establishes an agreement between the City and
NextG for the installation of up to 100 total wireless telecommunication facilities on
property owned or controlled by the City and private property. (Director of Conservation
& Environmental Services)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING NETWORK LICENSE AND ENCROACHMENT PERMIT
AGREEMENT WITH NEXTG NETWORKS, INC., FOR THE
INSTALLATION AND OPERATION OF AS MANY AS 100 WIRELESS
MICRO TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY
SIMILAR FACILITIES ON CITY-OWNED OR CONTROLLED PROPERTY,
SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 10
YEARS WITH AN OPTION TO RENEW FOR TWO ADDITIONAL FIVE-
YEAR TERMS
20. CONSIDERATION OF APPROVAL OF THE PROCESS TO REVISE THE CITY'S
MOBILEHOME AND TRAILER PARK CONVERSION ORDINANCE
The City enforces a variety of regulations for mobilehome pazks, including the closure of
mobilehome parks (Chula Vista Municipal Code Section 9.40). In 2007, City staff
engaged in a public participation process to update the existing local ordinance regulating
mobilehome park closures. This report serves as an update on the process to revise the
City's Mobilehome and Trailer Pazk Conversion Ordinance and to request the
establishment of a stakeholder committee to provide final recommendations. (Deputy
City Manager/Development Services Director)
Page 8 -Council Agenda htto://www.chulavistacaaov October 6, 2009
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A STAKEHOLDER COMMITTEE TO RECOMMEND
CHANGES TO THE CITY'S MOBILEHOME CLOSURE ORDINANCE; AND
APPROPRIATING FUNDS FOR THE FACILITATION OF SUCH
COMMITTEE (4/STHS VOTE REQUIRED)
OTHER BUSINESS
21. CITY MANAGER'S REPORTS
22. MAYOR' S REPORTS
Discussion regarding City Council consensus in the following:
• Pursue partnership with the Port regarding funding the Chula Vista Nature
Center
• Maintain and support current and productive working relationship with
Goodrich Aerostructures
• Advocate bayfront condominium and hotel project in the bayfront
redevelopment area
• Support L Ditch remediation as currently discussed
• Maintain forward progress regarding undergrounding transmission lines
• Advocate for expeditious certification of the Bayfront EIR as circulated
• Assist in current collaborative efforts to assure that the discharge permit
for the South Bay Power Plant (SBPP) is neither renewed nor extended
23. COUNCILMEMBERS' COMMENTS
Deputy Mayor Ramirez:
Consideration of support for International Friendship Games
Councilmember Bensoussan:
A. Energy Subcommittee recommendation for approval by Council
B. Recommendation for Council Policy on process for appointments by the Council
ADJOURNMENT to the Regular Council Meeting of October 20, 2009 at 4:00 p.m. in the
Council Chambers. The meeting of October 13, 2009 has been cancelled.
Materials provided to the City Council related to any open-session item on this agenda are
available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue,
Building 100, during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 9 -Council Agenda http://www.chulavistaca.~ov October 6, 2009