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HomeMy WebLinkAbout2009/10/06 Agenda1 declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board accord^ng tpr // Brown Act requirements. `\) ted ~@ 2~~ Signed -K`""' 1, -~ ~~--- `~~ CIIY OF CHULA VISTA Cheryl Cox, Mayor f~ 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. Page 2 -Council Agenda htto://www.chulavistaca.eov October 6, 2009 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) Page 3 -Council Agenda httu://www.chulavistaca.~ov October 6, 2009 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