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CITY OF
CHULA VISTA
Cheryl Cox, Mayor
~/ ~'~~ 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
November 17, 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
• OATHS OF OFFICE: David Bringas and Mark Liuag -Planning Commission
• PRESENTATION BY GARY GALLEGOS, EXECUTIVE DIRECTOR OF SANDAG
AND LINDA CULP, PRINCIPAL REGIONAL PLANNER ON HIGH
SPEED/COMMUTER RAIL
• RECOGNITION OF MR. VIRGIL WHITEHEAD, CHULA VISTA'S VETERAN OF
THE YEAR, FOR BEING NAMED AS SAN DIEGO COUNTY'S VETERAN OF THE
YEAR FOR 2009/2010
• PRESENTATION OF A PROCLAMATION TO NIKOS "NIKO" GELASTOPOULOS
COMMENDING AUNT EMMA'S PANCAKE RESTAURANT FOR ITS SOTH
ANNIVERSARY IN THE CITY OF CHULA VISTA
RECOGNITION OF THE CHULA VISTA POLICE DEPARTMENT FOR RECEIVING
THE 2009 HERMAN GOLDSTEIN AWARD FOR EXCELLENCE INPROBLEM-
ORIENTED POLICING
• PRESENTATION BY MIKE GRUBB, REPRESENTING THE AMERICAN SOCIETY
OF CRIME LAB DIRECTORS/LABORATORY ACCREDITATION BOARD
(ASCLD/LAB), ON THE ACCREDITATION OF THE CHULA VISTA POLICE
DEPARTMENT'S CRIME LABORATORY AND PROPERTY/EVIDENCE UNIT
CONSENT CALENDAR
(Items 1-12)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, a member of the public, or staff requests 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.
APPROVAL OF MINUTES of July 21, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of Resignation from Mary Alim, Child Care Commission.
B. Letter of Resignation from David Bringas, Design Review Boazd.
Staff recommendation: Council accept the resignations.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE OFFICIAL WEBSITE FOR CHULA VISTA'S 2011
CENTENNIAL
At its meeting of November 3, 2009, the City Council requested that an official website
be designated in order to keep the public informed about the City's Centennial events and
promotions. Adoption of the resolution declazes an official website for the 2011
Centennial. (Information Technology Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $182,797 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY
AND APPROPRIATING $139,123 TO THE POLICE GRANT FUND FOR THE DUI
ENFORCEMENT AND AWARENESS PROGRAM (4/STHS VOTE REQUIRED)
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The California Office of Traffic Safety has awazded $182,797 to the Police Department
for the DUI Enforcement and Awazeness Program. The goal of the DUI Enforcement
and Awazeness Program is to reduce the number of persons killed and injured in alcohol-
involved crashes. (Police Chief)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $177,666 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY,
AND APPROPRIATING $133,250 TO THE POLICE GRANT FUND FOR THE
SOBRIETY CHECKPOINT MINI-GRANT PROGRAM (4/STHS VOTE REQUIRED)
The California Office of Traffic Safety has awarded $177,666 to the Police Department
for the Sobriety Checkpoint Mini-Grant Program. The goal of the Sobriety Checkpoint
Mini-Grant Program is to reduce the number of victims killed and injured in alcohol-
involved crashes. (Police Chiet)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $213,205 TO THE FISCAL YEAR 2010 POLICE DEPARTMENT
SUPPLIES AND SERVICES CATEGORY FROM THE AVAILABLE BALANCE OF
THE ASSET SEIZURE FUND FOR THE PATROL RIFLE PROGRAM (4/STHS
VOTE REQUIRED)
The Police Department proposes implementing a patrol rifle program to enhance line-
level police officers' ability to respond to violent critical incidents. The patrol rifle
program will enhance public safety by offering officers access to firearms more suited to
contemporary urban policing tactics. (Police Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT TOTALING $133,249 TO EW TRUCK
AND EQUIPMENT COMPANY, INC. FOR ONE 10-CUBIC YARD DUMP TRUCK
The FY 2009-10 Sewer Fund budget provides for the replacement of one 1995
International 10-cubic yazd dump truck. Bids were solicited by Purchasing to provide a
truck in compliance with specifications developed for that purpose. Staff recommends
that the bid be awarded to EW Truck and Equipment Company, Inc., as the lowest
responsive bidder. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
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8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE
PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT
DISTRICT FOR SECOND AVENUE FOR THE PURPOSE OF FINANCING THE
CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY
ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED
BY LAW
Residential properties along Second Avenue between Naples Street and Palomar Street
aze currently without curbs, gutters and sidewalks. Additionally, the street is
deteriorating. The City has received a petition signed by 42 of the 59 property owners of
this neighborhood requesting that a special assessment district proceeding be commenced
for the purpose of financing the construction of these improvements. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "AUTO PARK
SEWER PUMP STATION DECOMMISSIONING IN THE CITY OF CHULA VISTA,
CALIFORNIA (SW219D)" PROJECT TO A.B. HASHMI, INC. IN THE AMOUNT OF
$229,050.50, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXPEND AVAILABLE CONTINGENCY FUNDS AS NECESSARY TO COMPLETE
THE PROJECT IN ACCORDANCE WITH CITY STANDARDS
On September 16, 2009, the Director of Public Works received seven (7) sealed bids for
the "Auto Pazk Sewer Pump Station Decommissioning in the City of Chula Vista
(SW219D)" project. The project will decommission an existing Auto Pazk Sewer Pump
Station and connect the existing sewer that serves the Auto Park to a downstream gravity
sewer system in the Crossings Shopping Center parking lot. Adoption of the resolution
awards a contract for decommissioning the Auto Pazk Sewer Pump Station and authorizes
the Director of Public Works to expend available contingency funds, as may be necessary
to complete the project in accordance with City standards. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR OXFORD
STREET ASSESSMENT DISTRICT NO. 2009-01, APPROVING THE
PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A
PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT
PROCEEDINGS
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On May 12, 2009, by Resolution No. 2009-108, the City Council accepted a petition
signed by 25 of the 40 owners of residential properties along Oxford Street between
Third Avenue and Alpine Avenue requesting that special assessment district proceedings
be commenced. Resolution No. 2009-108 also declazed the City Council's intention to
initiate proceedings to consider the formation of an assessment district and directed the
preparation of the required Engineer's Report for the proposed assessment district. The
proposed resolution adopts the boundary map, approves the Preliminazy Engineer's
Report, sets the time and place for a public hearing to consider the establishment of the
Oxford Street Assessment District, and orders the initiation of ballot proceedings
regazding formation of the proposed Oxford Street Assessment District. (Director oI
Public Works)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING SUBMITTAL OF FISCAL YEAR 2010/2011 BICYCLE
TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATIONS FOR
INSTALLATION OF BICYCLE DETECTORS ON TELEGRAPH CANYON/ OTAY
LAKES ROAD AND INSTALLATION OF BICYCLE RACKS AND BICYCLE
LOCKERS IN THE CIVIC CENTER AREA, AND CERTIFYING THAT MATCHING
FUNDS ARE OR WILL BE AVAILABLE THEREFOR
The California Department of Transportation (Caltrans) has announced available grant
funding for fiscal year 2010/2011 projects through its competitive Bicycle Transportation
Account (BTA) grant program. The grant application deadline is December 1, 2009.
Staff recommends submitting grant applications for $128,200 for the installation of
bicycle detectors on Telegraph Canyon Road/ Otay Lakes Road between I-805 and
Wueste Road and $25,000 for the installation of bicycle racks and bicycle lockers in the
Civic Center azea. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
12. INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2009
Transmitted herewith is the City's investment report for the quarter ended September 30,
2009. To meet the reporting requirements set forth in the California Government Code
Sections 53600 et seg. and the City of Chula Vista Investment Policy, a separate report
was distributed to the City Council as an informational item. (Finance Director)
Staff recommendation: Council accept the report.
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.
Page 5 -Council Agenda htto://www.chulavistaca.2ov November 17, 2009
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 fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
13. CONSIDERATION OF ADDING CHAPTER 20.12 TO THE MUNICIPAL CODE,
RELATING TO LANDSCAPE WATER CONSERVATION
The State Legislature determined in the Water Conservation in Landscaping Act,
Government Code sections 65591 et seq., that the State's water resources aze in limited
supply and that, while landscaping is essential to the quality of life in California,
landscape design, installation, maintenance and management must be water efficient.
The Water Conservation in Landscaping Act mandates City's to either adopt the State's
Model Water Ordinance or to adopt an ordinance of equal or greater efficacy by January
1, 2010. Staff has prepazed this Landscape Water Conservation Ordinance to meet the
State requirement. (Deputy City Manager/Development Services Director)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 20.12 TO
TITLE 20 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO
LANDSCAPE WATER CONSERVATION (FIRST READING)
14. CONSIDERATION OF THE 2008/2009 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER) AND PUBLIC INPUT ON
FUNDING PRIORITIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND
EMERGENCY SHELTER GRANT (ESG) FOR THE 2010/2011 PROGRAM YEAR
The purpose of the public hearing is to present the yeaz-end (2008/2009) Consolidated
Annual Performance Report (CAPER) for the City's HUD grant programs, which include
Community Development Block Grant (CDBG), HOME Investment Partnerships
(HOME) and Emergency Shelter Grant (ESG), and to solicit public input on funding
priorities for the coming grant yeaz (2010/2011). (Deputy City Manager/Development
Services Director)
Staff recommendation: Council conduct the public hearing and accept the report.
15. CONSIDERATION OF TERMINATING THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND NEXHORIZON
COMMUNICATIONS INC., (NEXHORIZON) FOR FAILURE TO COMPLY WITH
MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT
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NexHorizon Communications Inc., has failed to meet certain material provisions of the
Franchise Agreement, and after reasonable attempts to cure such provisions staff has
executed the notice required to allow the City Council to consider possible termination of
the Franchise Agreement. (Director of Conservation and Environmental Services)
16.
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING STAFF TO COMMENCE TERMINATION OF THE NEXHORIZON
FRANCHISE
CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE AND
MASTER FEE SCHEDULE (Continued from November 3, 2009)
As pazt of the climate protection measures that were approved by the City Council to help
reduce Chula Vista's citywide greenhouse gas or "cazbon" emissions, City staff
integrated no-cost energy and water evaluations (known as the Free Resource & Energy
Business Evaluation or FREBE program) into the business licensing process. After
implementing the voluntary program for the past 10 months, the Council directed staff to
create a new municipal ordinance that would require businesses to participate in the free
on-site evaluation program. The proposed ordinance will help businesses with storefront
or office locations to identify opportunities to conserve resources and reduce their
monthly utility costs, while not creating an impediment to the participating business's
normal operations. The new ordinance's implementation would be tracked and regularly
reported back to the City Council through the climate protection measures' biannual
progress reports. (Director of Conservation & Environmental Services)
Staff recommendation: Council conduct the public hearing, place the following
ordinance on first reading, and adopt the resolution:
A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
20.04 OF THE CHULA VISTA MUNICIPAL CODE TO REQUIRE NO-COST
RESOURCE AND ENERGY EVALUATIONS AS PART OF THE BUSINESS
LICENSE PROCESS AND AMENDING THE CROSS REFERENCE IN
CHAPTER 5.02 (FIRST READING)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADDING SECTION A.1.D. TO CHAPTER IV OF THE MASTER FEE
SCHEDULE TO INCLUDE A FINE FOR BUSINESSES NOT COMPLYING
WITH THE FREE RESOURCE & ENERGY EVALUATION REQUIREMENT
OF $15 OR 5% OF BUSINESS LICENSE FEE (WHICHEVER IS GREATER)
ACTION ITEMS
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.
The Item(s) listed in this
Page 7 -Council Agenda htto://www.chulavistaca.eov November 17, 2009
17. CONSIDERATION OF ADDING CHAPTER 2.11 TO THE MUNICIPAL CODE,
RELATING TO THE OFFICE OF THE ELECTED CITY ATTORNEY
In November of 2008, the voters of the City of Chula Vista approved a measure to amend
the City Charter to make the City Attorney an elected officer of the City. Portions of the
measure either authorize or require further implementation by the City Council. The
proposed ordinance addresses the provisions of the measure that require City Council
action. Adoption of the ordinance implements the measure and ensures a seamless
transition to an elected City Attorney. (City Manager)
Staff recommendation: Council place the following ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.11 TO
THE CHULA VISTA MUNICIPAL CODE RELATING TO THE OFFICE OF THE
ELECTED CITY ATTORNEY
OTHER BUSINESS
18. CITY MANAGER'S REPORTS
19. MAYOR'S REPORTS
Ratification of appointment of Marisa Bejarano to the Board of Appeals &
Advisors.
20. COUNCILMEMBERS' COMMENTS
A. Councilmember Thompson: Ratification of appointment of Ramon Riesgo to the
Mobilehome Rent Review Commission.
B. Councilmember Bensoussan: Consideration of signing the World Mayors and
Local Elected Officials Climate Protection Agreement
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
IVednesday following the Council Meeting at the City Attorney's oj~ce in accordance
with the Ralph M Brown Act (Government Code 54957.7).
21. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
• City Clerk
22. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
• Employee organization: Mid-Managers/Professionals Group
• Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon,
Bar[ Miesfeld, Maria Kachadoorian and Simon Silva.
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23. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: City of Chula Vista Parcels: APN's 565-310-25 and 565-310-09
(Bay Blvd. north of E Street); SDG&E Parcel: APN 565-010-12
Agency negotiator: Rick Ryals, Real Property Manager and Eric Crockett, Assistant
Director, Redevelopment and Housing
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric
Under Negotiation: Access to City owned land-locked parcels located north of E Street
adjacent to the southbound I-5 off ramp.
24. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
• One case
25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
• Eazl Jentz v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-
2007-00076370-CU-W M-SC
ADJOURNMENT to the Regulaz City Council Meeting on November 24, 2009 at 4:00 p.m.
in the Council Chambers.
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 Fourlh 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, aclivity, 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 httn:/,~www.chulavistaca.eov November 17, 2009