HomeMy WebLinkAboutcc min 2009/11/03MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 3, 2009
4:00 P.M.
A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 4:03
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson,
and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Employee of the month, Mathew Huntington, led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
INTRODUCTION BY SCOTT TULLOCH AND MARIYA ANTON, OF EMPLOYEE
OF THE MONTH, MATHEW HUNTINGTON, ANIMAL CARE ASSISTANT
Assistant City Manager Tulloch introduced Maziya Anton, Animal Facility Manager, who then
introduced employee of the month, Mathew Huntington. Mayor Cox read the proclamation and
Councilmember Bensoussan presented it to Mr. Huntington.
INTRODUCTION OF NEW PEACE OFFICERS ANGELA BENNETT, ROBERT
BENNETT, AND DAVID ARCE BY POLICE CHIEF DAVID BEJARANO
Police Chief Bejazano introduced the Department's newly hired peace officers Angela Bennett,
Robert Bennett, and David Arce.
PRESENTATION OF A PROCLAMATION TO POLICE CHIEF DAVID BEJARANO
AND SUPPORT SERVICES MANAGER BARBARA BROOKOVER,
PROCLAIMING LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL
DAY
Mayor Cox read the proclamation and Councilmember Castaneda presented it to Support
Services Manager Brookover. Chief Bejazano thanked Ms. Brookover for her leadership and
recognized the records support staff.
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SPECIAL ORDERS OF THE DAY (Continued)
PRESENTATION BY DEPUTY FIRE CHIEF JUSTIN GIPSON RECOGNIZING TOM
LEONARD, GARY BRETON AND CHARLES KUNIYOSHI FOR PLANNING,
PREPARING AND TRAINING THE 2009 CHULA VISTA COMMUNITY
EMERGENCY RESPONSE TEAM (CERT)
Deputy Fire Chief Gipson introduced and recognized Tom Leonazd, Gary Breton and Chazles
Kuniyoshi. Mr. Gipson also recognized CERT graduates who were present at the meeting.
PRESENTATION OF CERTIFICATES OF .RECOGNITION TO HISPANIC
HERITAGE MONTH'S HEROES OF THE YEAR AWARD RECIPIENTS SARITA
FUENTES, PRINCIPAL OF MONARCH SCHOOL, AND JORGE VALERDI,
SPECIAL ADVOCATE FOR VOICES FOR CHILDREN
Deputy Mayor Ramirez recognized and introduced Jorge Valerdi and presented him with a
certificate of recognition. Mayor Cox then introduced Lizz Huerta, who read a poem she wrote
for the Hispanic Heritage awards. Deputy Mayor Ramirez then presented a certificate of
recognition to Ms. Huerta. Sazita Fuentes was not present at the meeting.
PRESENTATION BY EMERALD RANDOLPH OF A SUMMARY OF THIS YEAR'S
CHRISTMAS IN OCTOBER EVENT
Mayor Cox introduced Dr. Emerald Randolph, who gave a summary of this yeaz's Christmas in
October event, followed by a video display of the renovated homes. Sean Van Der Ziel, a
recipient of the volunteer home renovation program, thanked Dr. Randolph and the many
volunteers for their work. Mayor Cox also recognized former Councilmember Patty Davis, co-
founder of Christmas in October, who was present at the meeting.
Item 13 was taken out of order and addressed at this time.
13. COUNCILMEMBERS' COMMENTS
Councilmember Bensoussan:
• Recognition of Jean Isaacs and the San Diego Dance Theater for bringing the
Trolley Dances to Chula Vista and highlighting the community.
Councilmember Bensoussan commented on the success of the recent Trolley Dancers event. She
then presented Jean Isaacs with a certificate of recognition.
CONSENT CALENDAR
(Items 1-6)
Item 5 was removed from the Consent Calendar for discussion by Councilmember Bensoussan.
APPROVAL OF MINUTES of July 14, 2009.
Staff recommendation: Council approve the minutes.
Page 2 -Council Minutes November 3, 2009
CONSENT CALENDAR (Continued)
2. RESOLUTION NO. 2009-256, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA (1) ACCEPTING $1,974,300 IN ENERGY EFFICIENCY &
CONSERVATION BLOCK GRANT FUNDS TO REDUCE FOSSIL FUEL AND
ENERGY USE, (2) ESTABLISHING TWO NEW CAPITAL IMPROVEMENT
PROJECTS -MUNICIPAL SOLAR PV (GG208) AND PWC BIODIESEL TANK
(GG209), (3) AMENDING THE FISCAL YEAR 2010 CAPITAL IMPROVEMENT
PROGRAM, AND (4) APPROPRIATING $1,974,300 IN GRANT FUNDS TO THE
CITY'S AMERICAN RECOVERY AND REINVESTMENT ACT FUND
As part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista
has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants to
implement strategies to reduce energy use and lower fossil fuel emissions. The grant
funds will be used to expand on-site solaz photovoltaic energy systems at multiple
municipal facilities, install an aboveground biodiesel fuel tank at the Public Works Corp
Yazd, and to provide residents and businesses with incentives and low-interest loans for
energy and water efficiency retrofits. (Director of Conservation and Environmental
Services)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2009-257, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING SUBMITTAL OF A GRANT APPLICATION
TO THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION'S
INNOVATIVE URBAN GREENING GRANT PROGRAM TO EXPAND THE CHULA
VISTA NATURESCAPE PROGRAM, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING
THE GRANT AGREEMENT
In March 2009, the City Council approved submittal of a grant proposal for its
NatureScape program to the CAL FIRE Innovative Urban Greening Grant Program to
help property owners create wildlife-friendly, water-smart yazds and gazdens. Due to
California's budget issues, the Proposition-supported funding was delayed until recently.
As a result, CAL FIRE is requesting that applicants revise their grant submittal
resolutions to include the new project end date of Mazch 30, 2012. (Director of
Conservation and Environmental Services)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2009-258, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING STAFF TO TRANSMIT A LAND USE
SCENARIO TO SANDAG FOR USE IN PREPARATION OF THE 2050 REGIONAL
GROWTH FORECAST
Page 3 -Council Minutes November 3, 2009
CONSENT CALENDAR (Continued)
In August 2009, staff provided a report and San Diego Association of Governments
(SANDAG) made a presentation to the Council regarding SANDAG's 2050 Growth
Forecast and the need for residential housing capacity to meet projected demands to
2050. Per SANDAG's request and Council direction, staff has reviewed the four model
scenarios that SANDAG created. This report outlines the effects each of the scenazios
would have on Chula Vista, and presents an alternative scenazio for Chula Vista for
Council consideration. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
5. Item 5 was removed from the Consent Calendar.
6. RESOLUTION NO. 2009-260, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING AONE-TIME UNANTICIPATED
GRANT REVENUE IN THE AMOUNT OF $6,000 FOR THE CHULA VISTA
HERITAGE MUSEUM EXHIBIT -FARMING IN CHULA VISTA
The Chula Vista Public Library received aone-time grant awazd from the County of San
Diego-Community Enhancement Program in the amount of $6,000 for fiscal year 2010
for the exhibit. Adoption of the resolution amends the Library budget to appropriate the
funds. (Library Director)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent
Calendaz Items 1 through 4 and 6, headings read, text waived. Councilmember
Castaneda seconded the motion and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. RESOLUTION NO. 2009-259, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A CONTRACT FOR THE DEVELOPMENT
OF A BIKEWAY MASTER PLAN UPDATE TO KTU+A IN AN AMOUNT NOT TO
EXCEED $149,685
In order to receive State funding for bicycle improvements, the City needs to have a
Bikeway Master Plan approved within the past five yeazs. Council approved the City's
last Bikeway Master Plan on Januazy 19, 2005. Based on the results of an interview
process and evaluation criteria, it is recommended that a contract be awarded to KTU+A
for development of a Bikeway Master Plan Update. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 4 -Council Minutes November 3, 2009
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Mayor Cox responded to constituent concerns regazding the expenditure of $149,000 for a bike
path study, and clarified that funding for the Bikeway Master Plan was allocated by the State,
and could only be used for specific purposes. She further stated that if the City did not update its
Bikeway Master Plan, it would not be eligible for state funding.
ACTION: Mayor Cox moved to approve staff s recommendation, and offered Consent Item
5, heading read, text waived. Deputy Mayor Ramirez seconded the motion and it
carried 5-0.
PUBLIC COMMENTS
Christine Moore, Chula Vista resident, representing AT&T Real Yellow Pages, announced the
fall distribution of the AT&T yellow pages, featuring a cover photograph of the Chula Vista
Little League World Champions.
Steve Pavka, Chula Vista resident, spoke in opposition to spending redevelopment funds in East
Chula Vista. He stated there was a need to maintain redevelopment funding for affordable
housing in western Chula Vista.
PUBLIC HEARINGS
7. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR
THE FOURTH AVENUE IMPROVEMENT PROJECT, BETWEEN L STREET AND
ORANGE AVENUE (PROJECT STL291) PER CITY CHARTER SECTION 1009
On September 17, 2009, the Director of Public Works received sealed bids for the
"Fourth Avenue Improvement Project, Between L Street and Orange Avenue (STL291)."
The work to be done consists of the removal and disposal of existing improvements,
installation of missing sidewalk and driveways, storm drain, and retaining walls, and
modifications and upgrades to existing traffic signals. Adoption of the resolution waives
a minor clerical error that resulted in a lower bid, and awards the contract to MJC
Construction, Inc. (Director of Public Works)
Notice of the hearing was given in accordance with legal requirements, and the heazing was held
on the date and at the time specified in the notice.
Mayor Cox announced that Deputy Mayor Ramirez would be abstaining from voting on Item 7.
Deputy Mayor Ramirez then recused himself and left the dais at 5:07 p.m.
Assistant Director of Engineering Quilantan introduced the proposed contract.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Page 5 -Council Minutes November 3, 2009
PUBLIC HEARINGS (Continued)
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009-
261,heading read, text waived:
RESOLUTION NO. 2009-261, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING
BIDS AND AWARDING THE CONTRACT FOR THE "FOURTH AVENUE
IMPROVEMENT PROJECT, BETWEEN L STREET AND ORANGE
AVENUE (STL291)" TO MJC CONSTRUCTION, INC. IN THE AMOUNT OF
$908,011.50; AUTHORIZING AN INTER-PROJECT TRANSFER IN THE
AMOUNT OF $131,800 FROM EXISTING PROJECTS STL335 ($28,800),
STL340 ($32,000) AND STL310 ($71,000) TO STL291; APPROPRIATING
TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS IN THE
AMOUNT OF $99,200; AMENDING THE FY 2009-10 TDA FUND AND CIP
PROGRAM; AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
Councilmember Thompson seconded the motion and it carried 4-0-1, with Deputy
Mayor Ramirez abstaining.
Deputy Mayor Ramirez returned to the dais at 5:10 p.m.
8. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE AND
MASTER FEE SCHEDULE
Staff recommendation: Council continue the public hearing to November 17, 2009.
Item 8 was continued to the Council Meeting of November 17, 2009, at the request of staff. The
item was not discussed and no action was taken.
ACTION ITEMS
9. HISTORIC PRESERVATION PROGRAM STATUS UPDATE
As requested by the City Council at its October 20, 2009 meeting, this report provides an
overview of the status of the draft historic preservation program and ordinance, a general
discussion of historic districts and overlay zones, and an outline of a city-wide survey
work program proposal with the potential costs necessary to accomplish it. (Deputy City
Manager/Development Services Director)
City Manager Sandoval provided background information on the historic preservation program,
and stated that the program would be ready for review by the Planning Commission in spring,
and then would come back to the Council.
Glenda de Vaney, Chula Vista resident, spoke in support of a historic district study.
Page 6 -Council Minutes November 3, 2009
ACTION ITEMS
Corinne McCall, Chula Vista resident, spoke in favor of a historic district study.
Peter Watry, Chula Vista resident, spoke in support of creating a historic ordinance and including
public outreach.
Harold West, Chula Vista resident, spoke in favor of preserving historic areas and in offering
incentives for homeowners to improve their properties rather than adding more restrictions.
Bruce Coons, Coronado resident, representing the Save our Heritage Organization, spoke in
favor of a historic preservation ordinance, and suggested looking at the Secretary of the Interior's
standards for rehabilitating homes.
Kevin O'Neill, Chula Vista resident, spoke in favor of a preservation ordinance that would
provide definitions for "historic" as opposed to "old," and noted that funds needed to be
identified to implement an ordinance.
Mayor Cox stated that she had hosted the Dickinson Historic Home Tour that took place in
August 2007 when $5,000 was raised to pursue a historic homes survey, and that the Historic
Homes Association had contributed $25,000. She stated her concurrence with staff that it was
premature to create an overlay zone until an ordinance was in place.
Councilmember Bensoussan stated that most of the work on the ordinance had been completed
by the Historic Preservation Advisory Committee, but that it needed to go through the review
process. She further noted that the draft ordinance was comprehensive, that it allowed for
districts and overlay zones and set up a process.
Deputy Mayor Ramirez spoke in support of moving forward with the process, and asked staff to
find ways to address community chazacter.
Councilmember Castaneda stated there was a need to move forwazd with the development of a
design district that would allow for the preservation of historic neighborhoods.
Councilmember Bensoussan requested that the historic preservation ordinance and historic
districts be addressed sequentially, and to focus any necessary resources on an ordinance. She
further stated that the historic designations should be considered throughout the west side and not
in any particular neighborhood to embrace the community's historic resources and community
character.
ACTION: Mayor Cox moved to accept staffs report with the request to have staff return to
the Council at a future date with a recommendation for the survey work program
and how it would be accomplished with the current $30,000 funding available.
Councilmember Bensoussan seconded the motion and it carried 5-0.
Page 7 -Council Minutes November 3, 2009
ACTION ITEMS (Continued)
10. REPORT REGARDING ZONING OPTION FOR PRESERVATION OF LARGER
LOTS ON THE WEST SIDE OF SECOND AVENUE BETWEEN I AND J STREETS
As requested by the City Council at its October 20, 2009 meeting, this report provides
information on the potential expansion of R1-15 zoning on the west side of Second
Avenue between I Street and J Street. (Deputy City Manager/Development Services
Director)
Councilmember Bensoussan recused herself due to the location of her property, and left the dais
as 6:08 p.m.
City Manager Sandoval introduced the item, and provided possible ways to expand the R1-15
zoning boundary to pick up additional properties on the west side of Second Street between I and
J Streets.
Corinne McCall, Chula Vista resident, spoke in opposition to lot splits on Second Avenue
Peter Watry, Chula Vista resident, spoke in favor of changing the zoning on Second Avenue to
match Del Mar Avenue in order to provide consistency in the azea.
Bruce Coons, Coronado resident, representing the Save our Heritage Organization, stated that
Second Avenue should have consistent zoning on the north and south sides of Del Maz Avenue.
Councilmember Castaneda commented on the need to move forward with a process for a zone
change similar to what existed on Del Mar Avenue.
Staffinember Batchelder suggested adoption of a historic preservation ordinance, followed by
community engagement to address issues and concerns.
Councilmember Thompson suggested that staff look at the accessory dwelling ordinance and
think of ways to mitigate the potential for development of more than one granny flat per lot, and
prevent those lots from looking like multi-family zones.
Mayor Cox recommended not taking specific action on Item 10, but rather, to focus on a historic
preservation ordinance and program, and pursue public outreach, design guidelines and zoning,
and associated costs.
Discussion ensued between Council and staff about what mechanisms could be put in place to
avoid undesirable development during the interim period of prepazing a historic preservation
ordinance, and diversion of staff time required to pursue a revised design review process.
ACTION: Councilmember Thompson moved that if there was evidence that a majority of
the homeowners along Second Avenue were interested in a down zoning of
parcels, to direct staff to move forward with consideration of down zoning.
Councilmember Castaneda seconded the motion with the caveat to have staff look
at tools necessary to see what could be done on an interim basis, and the level of
work that would be required.
Page 8 -Council Minutes November 3, 2009
Mayor Cox clazified the motion by Councilmember Thompson that the property
owners on pazcels that have street frontage on Second Avenue, between I and J
Streets, be asked in a straightforwazd manner, with an official notice and timeline
to respond, what their interest was in supporting a rezone from Rl-7 to R1-15, so
staff could report that back to the Council. The clazifications were accepted by
Councilmembers Thompson and Castaneda.
The motion carved 4-0-1, with Councilmember Bensoussan abstaining.
ACTION: Councilmember Castaneda moved to have staff include with the survey results
options for what could be done on an interim basis should it be the sentiment of
the neighborhood to rezone. The motion carried 4-0-1, with Councilmember
Bensoussan abstaining.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Sandoval informed the Council that staff was cun•ently looking at four different
locations in the community in terms of the City's Pedestrian Master Plan.
Councilmember Bensoussan returned to the dais at 7:07 p.m.
City Manager Sandoval announced that a Council Workshop was scheduled for November 5,
2009 at 4:00 p.m. in the Council Chambers, for a report on the Fiscal Health Plan and First
Quarter fiscal yeaz update.
12. MAYOR'S REPORTS
Referral to staff to prepaze an agenda item for City Council consideration
declaring an official website for Chula Vista's 2011 Centennial.
It was the consensus of the Council to direct staff to return to the Council on November 17, 2009
to create an official centennial website.
Mayor Cox asked staff to prepare a proclamation for the November 17, 2009 agenda recognizing
Aunt Emma's Restaurant on its 50th anniversazy of doing business in Chula Vista. She
announced that Chula Vista was the first City in San Diego County to participate in the Cool
Planet Project and, as such, was recognized as a Climate Action Leader for energy efficiency in
greenhouse gas reductions. She referred to the upcoming Planning Commission and Parks and
Recreation interviews on November 9, 2009, with the suggestion that the Pazks and Recreation
interviews be postponed to a later date, due to the volume of interviewees for the Planning
Commission. It was the consensus of the Council to conduct the Planning Commission
interviews only on November 9, 2009, commencing at 2:00 p.m., in the Executive Conference
Room.
Page 9 -Council Minutes November 3, 2009
13. COUNCILMEMBERS' COMMENTS
The following item was addressed following Special Orders of the Day:
Councilmember Bensoussan:
Recognition of Jean Isaacs and The San Diego Dance Theater for bringing the
Trolley Dances to Chula Vista and highlighting the community.
Councilmember Bensoussan announced an upcoming workshop by the South County Economic
Development Corporation and the Chula Vista Chamber of Commerce, regarding afact-finding
event for the possible decommissioning of the South Bay Power Plant, on November 5, 2009, at
the South Bay Fish and Grill from 2:00 p.m. to 3:30 p.m., which was open to the public.
Councilmember Thompson notiSed the Council of his anticipated late arrival at the November
17~' Council Meeting.
CLOSED SESSION
Closed Session was cancelled and the following item was not discussed:
14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One case
ADJOURNMENT
At 7:13 p.m., Mayor Cox adjourned the meeting in honor of Veterans Day, to the Council
Workshop on November 5, 2009 at 4:00 p.m. in the Council Chambers, and thence to a Special
Council Meeting on November 9, 2009 at 2:00 p.m. in the Executive Conference Room
(Planning Commission Interviews), and thence to the Regular Council Meeting on November 17,
2009 at 4:00 p.m. in the Council Chambers (The meeting of November 10 was cancelled).
Lorraine Bennett, CMC, Deputy City Clerk
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