HomeMy WebLinkAboutcc min 2009/12/08MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December 8, 2009
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04
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, Assistant City Attorney Maland, City
Clerk Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Employee of the Month, Joe Gamble led the Pledge of Allegiance.
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 BAYFRONT
Mayor Cox directed the audience to a video displaying the removal by SDG&E, of the
transmission lines on the Chula Vista Bayfront. She then introduced David Geier, representing
SDG&E, who elaborated on the process undertaken to remove the transmission towers. Al
Sotoa, Chula Vista Board of Ethics member and Jose Lopez, representing SDG&E, commented
on the community benefits from removal of the towers. Mayor Cox expressed appreciation on
behalf of the City Counci] for its partnership with SDG&E on the project, and she acknowledged
the work by Assistant City Manager Tulloch and Director of Conservation and Environmental
Services Meacham.
PRESENTATION BY MITCH COCHRAN, INFORMATION SYSTEMS MANAGER
OF THE CITY OF MONROVIA, OF THE STATEWIDE MUNICIPAL
INFORMATION SYSTEMS ASSOCIATION OF CALIFORNIA EXCELLENCE
AWARD TO THE CITY OF CHULA VISTA INFORMATION TECHNOLOGY
SYSTEMS DEPARTMENT
Mitch Cochran, Information Systems Manager for the City of Monrovia, presented Information
Technology Director Vignapiano with the award. Director Vignapiano accepted the award on
behalf of the Information Technology department.
Page 1 -Council Minutes December 8, 2009
• INTRODUCTION BY GARY HALBERT, DEPUTY CITY MANAGER/
DEVELOPMENT SERVICES DIRECTOR, OF EMPLOYEE OF THE MONTH JOE
GAMBLE, LANDSCAPE PLANNER II
Deputy City Manager/Development Services Director Halbert introduced Employee of the
Month, Joe Gamble. Assistant Engineer Adler then acknowledged and congratulated Mr.
Gamble on his outstanding work in landscape planning. Mayor Cox then read the proclamation
and Councilmember Thompson presented it to Mr. Gamble.
• OATHS OF OFFICE:
Mazissa Bejazano, Board of Appeals & Advisors
Ramon Riesgo, Mobilehome Rent Review Commission
Mayor Cox announced that Marisa Bejarano and Ramon Riesgo could not be present, and
would be administered their oaths of office at the City Clerk's office.
• PRESENTATION BY THE CITY'S CLEAN TEAM RECOGNIZING CHULA VISTA
BUSINESSES -SPIRIT GRAPHICS, EL PRIMERO HOTEL, ARYA CLEANERS,
AND HIGH TECH HIGH SCHOOL FOR RECEIVING THE "COOL CALIFORNIA
SMALL BUSINESS AWARD" FROM THE CALIFORNIA AIR RESOURCES
BOARD
Environmental Health Specialist Castagnola recognized and introduced the COOL Californian
Program awazd winners Spirit Graphics, Small Business of the Year Awazd; High Tech High
School, Organization of the Yeaz Award; El Primero Hotel, Small Business Excellence Award;
and Arya Cleaners, Small Business Excellence Awazd.
CONSENT CALENDAR
(Items 1-9)
Mayor Cox stated that she would be registering a vote in opposition to Item 3, and Deputy
Mayor Ramirez stated he would be abstaining from voting on Item 6. It was the consensus of the
Council to move Item 12 to the Consent Calendar.
1. 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 regazding the resignation of
Matt Flach, Board of Appeals and Advisors.
Staff recommendation: Council accept the resignation.
Page 2 -Council Minutes December 8, 2009
CONSENT CALENDAR (Continued)
3. ORDINANCE NO. 2009-3145 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 helps businesses with storefront or office locations 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 regulazly reported back to the City
Council through the climate protection measures' biannual progress reports. The
ordinance was introduced November 17, 2009. (Director of Conservation &
Environmental Services)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2009-276, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING: (1) THE SUMMARY VACATION OF THE
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 2001, 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 IOD, 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 NO. 2009-277, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PROGRAM SUPPLEMENT
AGREEMENT NO. 009-M2 TO THE ADMINISTERING 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 BRIDGE OVER THE SWEETWATER
RIVER, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
SAID AGREEMENT
Page 3 -Council Minutes December 8, 2009
CONSENT CALENDAR (Continued)
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 reflects the current Federal Aid fund allocations.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2009-278, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
DESIGNBUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO.
FOR THE DESIGN AND CONSTRUCTION OF ALL SEASONS PARK (CIP NO.
PR279) TO REVISE THE GUARANTEED MAXIMUM PRICE
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 pazk. The Design
Build Agreement contained anot-to-exceed price of $2,015,343 with the guazanteed
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 NO. 2009-279, RESOLUTION OF THE CITY COUNCIL OF THE
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 fuel
compressed by the City's CNG station is used by transit, staff recommends transfen•ing
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.
Page 4 -Council Minutes December 8, 2009
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2009-280, 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 VAN 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 NO. 2009-281, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC
SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010
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 2010 statewide ballot. If approved, the initiative would limit the
state's ability to interfere with local revenues. (City Manager)
Staff recommendation: Council adopt the resolution.
It was the consensus of the Council to include Item 12 with the Consent Calendar.
12. ORDINANCE NO. 3146, ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 20.12 OF TITLE 20 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO LANDSCAPE WATER CONSERVATION (SECOND READING
AND ADOPTION)
The State Legislature determined 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 either adopt the State's
Model Water Ordinance or to adopt an ordinance of equal or greater efficacy by January
1, 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)
Staff recommendation: Council adopt the ordinance.
Page 5 -Council Minutes December 8, 2009
CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve staffls recommendations and offered Consent
Calendar Items 1 through 9 and Item 12, headings read, text waived.
Councilmember Thompson seconded the motion and it carried 5-Q except Item 3,
which carried 4-1, with Mayor Cox opposed, and Item 6, which carried 4-0-1,
with Deputy Mayor Ramirez abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Antonia Ramirez asked the public not to support San Diego's Father Joe's homeless shelter.
Anna Marie, representing Rico's on 3`d, stated concerns about the future of the South Bay
Cruisers' "Blast from the Past" event. She asked that all parties come together on the matter.
Mayor Cox stated that City staff was working on the matter.
PUBLIC HEARINGS
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 prepazed 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 efficiency. In 2003, the City Council
approved the latest AQIP Guidelines, which were developed to provide direction in the
prepazation 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)
Associate Planner Laube provided an overview of the proposed Chula Vista Air Quality
Improvement Plan Guidelines.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2009-
282, heading read, text waived:
RESOLUTION NO. 2009-282, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE UPDATED CHULA VISTA
AIR QUALITY IMPROVEMENT PLAN GUIDELINES (OCTOBER 2009)
Councilmember Castaneda seconded the motion and it carried 5-0.
Page 6 -Council Minutes December 8, 2009
PUBLIC HEARINGS (Continued)
1 L CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING SECTION
15.60 OF THE MUNICIPAL CODE AND A COUNCIL POLICY RELATED TO
ABANDONED RESIDENTIAL PROPERTIES (Deputy City Manager/Development
Services Director)
Mayor Cox opened the public hearing and continued it to the meeting of December 15, 2009, at
the request of staff.
ACTION ITEMS
12. It was the consensus of the Council to include Item 12 with the Consent Calendar.
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
incorporates amendments requested by the Council (City Manager)
Assistant City Attorney Maland stated that since this item involved the Office of the City
Attorney, she would be recusing herself from participating in the discussion. She left the dais at
5:13 p.m.
ACTION: Mayor Cox moved to place the following ordinance on first reading, heading read,
text waived:
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
Councilmember Castaneda seconded the motion and it carried 5-0.
Deputy Mayor Ramirez requested that Mr. Hagerty come back to the Council within 30 days
with information on ways that members of the Council may seek legal advice from an
independent attorney in a way that would respect the will and intent of the City Charter
amendment and control the cost of legal services. Mayor Cox suggested, and the Council
concurred, that Deputy Mayor Ramirez submit his request in writing to Mr. Hagerty, with copies
to the Council, after second reading of the ordinance, and that the matter be placed on a future
agenda.
Assistant City Attorney Maland returned to the dais at 5:18 p.m.
Page 7 -Council Minutes December 8, 2009
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
City Manager Sandoval informed the Council that staff would be re-introducing the "Did You
Know" segment to the Council Agenda. He stated that the City's bus fleet had recently received
the last two CNG (compressed natural gas) buses, making the entire bus fleet non-diesel. He
commented on the recent rainstorms in the region, and acknowledged staff on its foresight with
the repair of four emergency drainage projects, and acknowledged the City's street crew on its
clean-up efforts during the storm.
15. MAYOR'S REPORTS
Mayor Cox noted that she had invited Metropolitan Transit System (MTS) Vice Chair, Jerry
Rindone to the December 15, 2009 Council meeting for an update on MTS bus service cutbacks,
and she invited Port Commissioner Stephen Padilla to the January 5, 2010 Council meeting for
an update. She spoke about the success of the recent Stazlight Parade and thanked the Third
Avenue Village Association (TAVA) for coordinating the event, and thanked the Police
Department and City staff for its presence at the event. She commented that the Christmas lights
at City Hall were the result of a project between the Department of Conservation and
Environmental Services, San Diego Gas and Electric, and Lowes, at a cost of $55.00 for the
holiday season, and paid for by Lowes.
16. COUNCILMEMBERS' COMMENTS
Councilmember Bensoussan announced a local art program coordinated by Third Avenue
Village Association (TAVA) that included displays of local school students' artwork in Third
Avenue storefronts. She informed City Manager Sandoval of a report of flooding in the area of
Hilltop and I Street due to poor drainage. City Manager Sandoval responded that the matter
would be referred to staff.
Mayor Cox announced that the meeting would adjourn in memory of Anne Hedenkamp, and she
spoke of Ms. Hedenkamp's many contributions to the community.
ADJOURNMENT
At 5:25 p.m., Mayor Cox adjourned the meeting in memory of Anne Hedenkamp, to the next
Regular City Council Meeting on December 15, 2009, at 4:00 p.m., in the Council Chambers.
Loraine Bennett, CMC, Deputy City Clerk
Page 8 -Council Minutes December 8, 2009