HomeMy WebLinkAbout2009/12/08 Agenda
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',." ',,,, C1lY OF
. - . CHUIA VISTA
1Je
Cheryl Cox, Mayor
Rudy Ramirez, Council member James D. Sandoval, City Manager
Mitch Thompson, Interim Councilmember Bart Miesfeld, City Attorney
Pamela Bensoussan, Councilmember Donna Norris, City Clerk
Steve Castaneda, Council member
December 8, 2009
4:00 p.m.
Council Chambers
City Hall - Building 100
276 Fourth Avenue
CALL TO ORDER
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
· PRESENTATION CELEBRATING THE PARTNERSHIP BETWEEN THE CITY OF
CHULA VISTA AND SAN DIEGO GAS & ELECTRIC IN REMOVING
TRANSMISSION TOWERS FROM CHULA VISTA'S BA YFRONT
. PRESENTATION BY MITCH COCHRAN, INFORMATION SYSTEMS MANAGER
OF THE CITY OF MONROVIA, OF THE STATEWIDE MUNICIPAL
INFORMATION SYSTEMS ASSOCIATION OF CALIFORNIA EXCELLENCE
A WARD TO THE CITY OF CHULA VISTA INFORMATION TECHNOLOGY
SYSTEMS DEPARTMENT
. INTRODUCTION BY GARY HALBERT, DEPUTY CITY MANAGER!
DEVELOPMENT SERVICES DIRECTOR, OF EMPLOYEE OF THE MONTH JOE
GAMBLE, LANDSCAPE PLANNER II
. OA HIS OF OFFICE:
Marissa Bejarano, Board of Appeals & Advisors
Ramon Riesgo, Mobilehome Rent Review Commission
. PRESENTATION BY THE CITY'S CLEAN TEAM RECOGNIZING CHULA VISTA
BUSINESSES - SPIRIT GRAPHICS, EL PRIMERO HOTEL, ARY A CLEANERS,
AND HIGH TECH HIGH SCHOOL FOR RECEIVING THE "COOL CALIFORNIA
SMALL BUSINESS A WARD" FROM THE CALIFORNIA AIR RESOURCES
BOARD
CONSENT CALENDAR
(Items 1-9)
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
removedfiJr discussion. lfyou wish to speak on one of these items, pleasejill out a "Request to
Speuk" form (availahle in the lobb)~ and submit it to the City Clerk prior to the meeting. Items
pulled fi'om the Consent Calendar will be discussed immediately following the Consent
Calendar.
I . APPROVAL OF MINUTES of August 4 and August 6, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Memorandum from the Development Services Department regarding the resignation of
Matt Flach, Board of Appeals and Advisors.
Staff recommendation: Council accept the resignation.
3. 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 (SECOND
READING AND ADOPTION)
The proposed ordinance will help businesses with storefront or office locations to idcntify
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 thc climate protection measures' biannual progress reports. The
ordinance was introduced November 17, 2009. (Director of conservation &
Environmental Services)
Staff recommendation: Council adopt the ordinance.
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December 8, 2009
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERlNG: (I) THE SUMMARY VACATION OF TI-IE OPEN SPACE EASEMENT
IDENTIFIED IN COUNTY DOCUMENT NO. 2001-0272342; AND (2)
ABANDONMENT OF THE RIGHT TO ACCEPT THE IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST IDENTIFIED IN COUNTY DOCUMENT NO.
2001-0272343
In 200 I, Otay Project LP granted an Irrevocable Offer of Dedication of Fee Interest for
Open Space and other public purposes for 824.8 acres and an Open Space Easement for
254.71 acres to the Otay Ranch Preserve Owner Manager (POM) (a Joint Powers
Authority comprised of the City of Chula Vista and the County of San Diego), to satisfy
the Otay Ranch Preserve Conveyance Obligation. Otay Project LP has requested that the
City vacate the Open Space Easement and abandon its right to accept the 100, in
exchange for a grant deed for property of equal acreage, but in a different location within
the limits of the Resource Preserve. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PROGRAM SUPPLEMENT AGREEMENT NO. 009-M2 TO THE
ADMINISTERlNG AGENCY-STATE AGREEMENT NO. 11-5203 FOR FEDERAL-
AID PROJECTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION REGARDING PRELIMINARY ENGINEERING FOR PROJECT
BHLS-5203 (016), THE REPLACEMENT OF THE WILLOW STREET BRlDGE
OVER THE SWEETWATER RIVER, AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE SAID AGREEMENT
Federal Aid funds have been authorized from the "Highway Bridge Replacement and
Rehabilitation Program" (HBRRP), which was later renamed and is currently referred to
as the "Highway Bridge Program" (HBP), for the City to perform Preliminary
Engineering (PE) for the replacement of the Willow Street Bridge project. In order to
receive additional reimbursements, the City must now execute an updated Program
Supplement Agreement (PSA) that retlects the current Federal Aid fund allocations.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE DESIGN/BUILD AGREEMENT
WITH ERICKSON-HALL CONSTRUCTION CO_ FOR THE DESIGN AND
CONSTRUCTION OF ALL SEASONS PARK (CIP NO. PR279) TO REVISE TI-IE
GUARANTEED MAXIMUM PRlCE
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December 8, 2009
The City Council previously approved CIP Project No. PR279 and the Master Plan for
All Seasons Park, which conceptually designed and provided for the construction of a
completed and fully functional 7.6-acre park. On May 15,2007, the Council approved a
Design Build Agreement with Erickson-Hall Construction Co. for this park. The Design
Build Agreement contained a not-to-exceed price of $2,015,343 with the guaranteed
maximum price to be set upon receipt of 90% of the construction drawings. The project
is nearing the end of the design phase and ready to start the construction phase. Adoption
of the resolution approves the first amendment that will set the guaranteed maximum
price at $2,499,438. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF TI-1E CITY OF CHULA VISTA
AUTHORIZING PARTICIPATION IN THE METROPOLITAN TRANSIT SYSTEM'S
(MTS) REQUEST FOR PROPOSALS (RFP) FOR COMPRESSED NATURAL GAS
(CNG) FUELING FACILITIES UPGRADE AND MAINTENANCE
The City's Compressed Natural Gas (CNG) fueling station has been operating since mid-
2002, and was built subsequent to 1998 Council direction to convert the Chula Vista
Transit (CVT) fleet to 100% CNG fuel. The CNG station is currently maintained by
Allsup Corporation and operated by the City's Central Garage. Since 96% of the Juel
compressed by the City's CNG station is used by transit, staff recommends transferring
the operating responsibility to a contractor in order to allow City staff to focus on the
maintenance of City vehicles and equipment. Adoption of the resolution authorizes the
City to participate in Metropolitan Transit System's request for proposals to select a
contractor to operate the station. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE BID PROCESS AS IMPRACTICAL AND AWARDING A
PURCHASE AGREEMENT TOTALING $209,378 TO PEARPOINT, INC. FOR ONE
SEWER TELEVISION INSPECTION V AN AND CLOSED CIRCUIT TELEVISION
EQUIPMENT
The fiscal year 2009/2010 Sewer Fund budget provides for the replacement of one 1998
Sewer Television Inspection Van and Closed Circuit Television (CCTV) equipment.
Wastewater Maintenance staff worked directly with Pearpoint, Inc. to acquire this
vehicle, since it is a unique van that requires specialized equipment. Adoption of the
resolution awards the purchase agreement to Pearpoint, Inc. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN
SUPPORT OF THE LOCAL T AXP A YER, PUBLIC SAFETY AND
TRANSPORTATION PROTECTION ACT OF 2010
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December 8, 2009
Over the last three fiscal years, the City of Chula Vista has experienced significant
reductions in revenues as a result of the downturn in the development market and the
overall economy. As a result, the City has adjusted expenditures to bring them in line
with reduced revenues. State take-aways and borrowings represent additional revenue
reductions, requiring additional expenditure adjustments at the local level. The Local
Taxpayer, Public Safety and Transportation Act of 2010 is a ballot initiative that may be
placed on the November 20 I 0 statewide ballot. If approved, the initiative would limit the
state's ability to interfere with local revenues. (City Manager)
StatJ recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons .'peaking during Public Commel1ls may address the Council on any subject
mailer within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Councilfrnm discussing or taking actinn on any issue not
included on the agenda, but, if appropriate, the Council may schedule the topic for future
discussion or refer the mailer to staff Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(v) as required by lmv. 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.
10. CONSIDERATION OF ADOPTING THE CHULA VISTA AIR QUALITY
IMPROVEMENT PLAN GUIDELINES
The City of Chula Vista's Growth Management Ordinance (CVMC 19.09) requires Air
Quality Improvement Plans (AQIPs) to be prepared and submitted with all Sectional
Planning Area (SPA) Plans and major projects consisting of 50 or more dwelling units.
The focus of an AQIP is to demonstrate that the proposed project represents the best
available design to improve air quality and energy etliciency. In 2003, the City Council
approved the latest AQIP Guidelines, which were developed to provide direction in the
preparation of AQIPs. Adoption of the resolution approves updates to the City's AQIP
Guidelines to reflect advancements in quantitative modeling procedures, smart growth
community site design principles, and updates to minimum baseline scores that projects
must meet. (Deputy City Manager/Development Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE UPDA TED CHULA VISTA AIR QUALITY
IMPROVEMENT PLAN GUIDELINES (OCTOBER 2009)
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December 8, 2009
11. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING SECTION
15.60 OF THE MUNICIPAL CODE AND A COUNCIL POLICY RELATED TO
ABANDONED RESIDENTIAL PROPERTIES (Dcputy City Managcr/Dcvelopmcnt
Scrviccs Dircctor)
Staff rccommcndation: Council continuc thc public hcaring to Dcccmbcr 15, 2009.
ACTION ITEMS
The Item(;) listed in this section of the agenda will be considered individually by the
Council and are expected to elicit discussion and deliberation. lfyou 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.
12. ORDINANCE OF THE CITY OF CI-IULA VISTA ADDING CHAPTER 20.12 OF
TITLE 20 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
LANDSCAPE WATER CONSERVATION (SECOND READING AND ADOPTION)
Thc Statc Legislature dctermined in the Water Conservation in Landscaping Act,
Government Code sections 65591 et seq., that the State's water resources are 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 Landscape Act mandates Cities to eithcr adopt the State's
Model Water Ordinance or to adopt an ordinance of equal or greater efficacy by January
I, 2010. Staff has prepared this Landscape Water Conservation Ordinance to meet the
State requirement. The ordinance was introduced November 17, 2009. (Deputy City
Manager/Development Services Director) .
StalTrecommendation: Council adopt the ordinance.
13. CONSIDERATION OF ADDING CHAPTER 2.11 TO THE MUNICIPAL CODE,
RELATING TO THE OFFICE OF THE ELECTED CITY ATTORNEY
In November 2008, the residents of the City of Chula Vista voted to amend the City
Charter to make the Chula Vista City Attorney an elected officer of the City. Much of
the Charter amendment is self-executing. However, portions of the measure either
authorize or require further action by the Council. An ordinance addressing those
provisions was presented to the Council on November 17, 2009. The proposed ordinance
incorporatcs amendments requested by the Council. (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
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December 8, 2009
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
] 5. MA YOR'S REPORTS
16. COUNCILMEMBERS' COMMENTS
ADJOURNMENT to the next Regular City Council Meeting on December 15, 2009, at 4:00
p.m., in the Council Chambers.
Jvlaterials 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 ofChula 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/orty-eight hours in advance o/the meeting.
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December 8, 2009