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HomeMy WebLinkAboutcc min 2010/01/12MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 12, 2010 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06 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 Deputy Mayor Ramirez led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • PRESENTATION OF A PROCLAMATION TO TINA WILLIAMS, EXECUTIVE DIRECTOR, SOUTH BAY FAMILY YMCA COMMENDING THE SOUTH BAY FAMILY YMCA'S 50TH ANNIVERSARY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Tina Williams. Ms. Williams then gave a presentation about the YMCA's history. • PRESENTATION OF AN AWARD TO CONSERVATION AND ENVIRONMENTAL SERVICES DIRECTOR MICHAEL MEACHAM, OF NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION "ELECTRICAL INDUSTRY SERVICE AWARD", IN RECOGNITION OF MR. MEACHAM'S EFFORTS TOWARDS MAKING THE CITY OF CHULA VISTA THE LEADER IN RENEWABLE ENERGY AND UNYIELDING ADVOCACY FOR THE USE OF QUALIFIED ELECTRICAL CONTRACTORS AND TRAINED ELECTRICIANS Mayor Cox recognized Director Meacham, and Councilmember Castaneda presented the award to him. • PRESENTATION OF THE " 35 UNDER 35 COMMUNITY LEADERS" AWARD TO ENVIRONMENTAL RESOURCE MANAGER BRENDAN REED Mayor Cox recognized Mr. Reed, and Councilmember Bensoussan presented the award to him. Page 1 -Council Minutes January 12, 2010 CONSENT CALENDAR (Items 1- 7) Items 2, 4, and 7 were removed from the Consent Calendar for separate consideration. Deputy Mayor Ramirez stated that he would be abstaining from voting on Items 2 and 4 out of an abundance of caution, due to the nature of his business in the construction industry; and Item 7 was removed at the request of staff. APPROVAL OF MINUTES of September 10, 15, 22 and 29, 2009. Staff recommendation: Council approve the minutes. 2. Item 2 was removed from the Consent Calendar. 3.A. RESOLUTION NO. 2010-008, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DIRECTOR'S DEEDS FOR EXCESS RIGHT-OF-WAY ADJOINING STATE ROUTE 125 PARCELS DESIGNATED AS CALTRANS PARCEL NUMBERS DD-32034-01-01, DD-32035-01-02, DD-32037-O1- O1 AND DD32029-01-02 B. RESOLUTION NO. 2010-009, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING CALTRANS PARCEL NUMBER DD32029-01-02 TO ITS ORIGINAL OWNER EASTLAKE VILLAGE WEST ASSOCIATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO RECORD THE DIRECTOR'S DEED The State of California has informed South Bay Expressway that there aze several parcels considered as excess right-of--way to the State along the State Route 125 Toll Road corridor. There aze some portions of pazcels initially anticipated to be a part of State Route 125 that have been deemed by the Califomia Departrnent of Transportation (Caltrans) to be not necessazy for the toll road. Adoption of the resolutions will revert portions to either adjacent land owners or to the City of Chula Vista. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 4. Item 4 was removed from the Consent Calendaz. 5. RESOLUTION NO. 2010-011, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A DRAINAGE EASEMENT LOCATED WITHIN LOTS 55 THROUGH 60 INCLUSIVE OF HARBORSIDE UNIT NO. 1, MAP NUMBER 2044 The City has received a request to vacate an existing drainage easement located across six lots on Woodlawn Avenue south of Moss Street. This easement was dedicated to the County of San Diego in 1927 on the Harborside Unit No. 1 Map (Map 2044). The drainage easement is not cun•ently used and may have never been used by the City. Additionally, staff sees no potential future use for this easement. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes January 12, 2010 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2010-012, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING A TEMPORARY SITE LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC FOR 90 DAYS AND AUTHORIZING THE CITY MANAGER TO EXECUTE DAY TO DAY EXTENSIONS OF NOT MORE THAN 90 DAYS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE TEMPORARY SITE LICENSE AGREEMENTS AS NECESSARY TO MAINTAIN ADEQUATE COMPETITIVE COVERAGE AND QUALITY WIRELESS SERVICE WITHIN THE CITY The agreement provides Verizon Wireless, LLC with the ability to place a temporary Wireless Telecommunications Facility (WTF) at Veteran's Park to replace a site in a high wireless traffic azea near Veteran's Pazk where Verizon had an emergency coverage problem due to the loss of a site. The Agreement provides Verizon with at least 90 days for their temporary mobile facility while they complete the Master License Agreement with the City that is currently in progress. Staff is also requesting that the City Council authorize the City Manager to administratively approve temporary WTF facilities in the future as needed to maintain adequate communications for residential, commercial, educational and safety communications throughout the City. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. 7. Item 7 was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve Consent Calendar Items 1, 3, 5, and 6, headings read, text waived. Deputy Mayor Ramirez seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. RESOLUTION NO. 2010-007, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO AN AGREEMENT WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND ACCEPTING A GRANT FROM THE TRANSNET SMART GROWTH INCENTIVE PROGRAM FOR FISCAL YEARS 2009/2010 AND 2010/2011 FOR THE PREPARATION OF THE PALOMAR GATEWAY DISTRICT SPECIFIC PLAN The City's Development Services Department applied for and was awazded a grant in the amount of $400,000 from the SANDAG Smart Growth Incentive program for the preparation of General Plan mandated specific plan for the Palomaz Gateway District located in the Southwest azea of the City. The grant requires that the City enter into an agreement with SANDAG for the funding to occur. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes January 12, 2010 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2010-010, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Pazk Program, establishing the necessary procedures governing the Application. Said procedures established by the State Department of Pazks and Recreation require the applicant to certify by resolution, the approval of application before submitting said application to the State. The City proposes to apply for State Pazk Program grant funding and has identified one location, Orange Avenue Library Park site. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to adopt Resolution Nos. 2010-007 and 2010-010, headings read, text waived. Councilmember Thompson seconded the motion, and it carved 4-0-1, with Deputy Mayor Ramirez abstaining. 7. RESOLUTION NO. 2010-013, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH THE UNIVERSITY OF SAN DIEGO CENTER FOR EDUCATION POLICY AND LAW, TO CONDUCT RESEARCH AND ANALYSIS NECESSARY TO ASSIST THE CITY IN THE RECRUITMENT OF HIGHER EDUCATION PARTNERS FOR THE UNIVERSITY PARK AND RESEARCH CENTER The City has had along-term vision for the University Park and Reseazch Center (UPRC). Development of the UPRC will result in a campus of higher education and research facilities. Adoption of the resolution retains the University of San Diego Center of Education Policy and Law to conduct reseazch and analysis to assist the City in the recruitment of academic partners in the UPRC. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Economic Development Manager Stone noted that the proposed contract was for a fundamental study to collect data for analysis on recruiting higher education partners for the University Pazk and Reseazch Center. Cindy Gompper-Graves, representing South County Economic Development Council, thanked the Council and staff for continuing to move forward with the University project, and she spoke in support of staff's recommendation. Councilmember Bensoussan spoke in support of including the University of San Diego in its scope of work, and asked staff to also consider including anenvironmental/green-themed focus in its data collection. Page 4 - Counci] Minutes January ]2, 2010 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember Thompson suggested including the views of key decision makers from private and public institutions statewide. ACTION: Deputy Mayor Ramirez moved to adopt Resolution No. 2010-013, heading read, text waived. Mayor Cox seconded the motion, and it carried 5-0. PUBLIC COMMENTS Shawn Cassidy, San Diego resident, representing Bonita Vista High School Band, stated that the band was planning a trip to Boston, and he spoke about the positive impacts that traveling and performing had on the students. Jason Mangas, San Diego resident and Bonita Vista High School Band Director, spoke about a fundraising event for the band, and invited the community to attend a headliner comedy event, hosted by Mark Christopher Lawrence, on January 23, 2010, at 7:00 p.m. at Southwestern College Campus, Mayan Hall Theatre. Howard Mendis, Bonita resident, representing Club Blue, encouraged everyone to attend the fundraising comedy event. Alexis Kubista, Chula Vista resident, representing the Monet residential community, spoke in opposition to a portion of the SANDAG bus route proposed to be located 11 feet from the Monet condominiums, stating that the close proximity of the proposed bus route would negatively affect the residents in terms of noise and public safety. She asked for consideration to alter the bus route. Mayor Cox referred the matter to staff. Robert Gonzales, Chula Vista resident, representing Treviana Lomes Verdes community, stated that the residents were concerned about the close proximity of the proposed SANDAG bus route to their homes. He stated that the community was proceeding with a petition on the matter. He suggested some preferred bus route alternatives. Mayor Cox referred the matter to staff. Parks Pemberton, Chula Vista resident, stated there was a need for further research on green business requirements in the City, and that there was a need for more manufacturing businesses. It was the consensus of the Council to take Item 9 out of order, followed by Item 11, Update by Port Commissioner Padilla. PUBLIC HEARING -Time Certain 6:00 p.m. 8. This item was heard after Item 9 and Item 11 (Update by Port Commissioner Padilla) ACTION ITEMS 9. CONSIDERATION OF SUPPORT BY THE CITY OF CHULA VISTA OF THE LEAGUE OF CALIFORNIA CITIES TO OPPOSE DIVERSION BY THE STATE OF CALIFORNIA HIGHWAY USERS TAX ACCOUNT FUNDS FROM LOCAL AGENCIES Page 5 -Council Minutes January 12, 2010 ACTION ITEMS (Continued) The League of California Cities has asked local agencies to be awaze of pending legislation that would reduce the amount of Highway Users Tax Account funds and Proposition 42 funds that normally would be used by local agencies on pavement rehabilitation projects, and instead, be diverted to the State of California. The City Council is being asked to support the League of California Cities in opposing any legislation that would reduce the funding anticipated for pavement rehabilitation in light of the shortfall already experienced by the City of Chula Vista for pavement maintenance and rehabilitation purposes. (Director of Public Works) Principal Civil Engineer Rivera provided information about the findings of the statewide local streets and roads assessment, and recommended supporting the League of California Cities' opposition to the state's proposal to take away local funding. Catherine Hill, San Diego resident, representing the League of California Cities, encouraged the Council to adopt the proposed resolution. She then gave a presentation on the Local Taxpayers, Public Safety and Transportation Act of 2010, which, she stated, would maintain local funding for public safety, city streets and road maintenance and a number of vital services Californians relied on. ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2010-015, heading read, text waived: RESOLUTION NO. 2010-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE LEAGUE OF CALIFORNIA CITIES IN OPPOSING THE DIVERSION OF HIGHWAY USERS TAX ACCOUNT FUNDS FROM LOCAL AGENCIES TO THE STATE OF CALIFORNIA Councilmember Castaneda seconded the motion and it carved 5-0. 11. MAYOR'S REPORTS Update from Por[ Commissioner Stephen Padilla. Port Commissioner Padilla provided an update on recent Port District activities regarding Chula Vista's bayfront. He reported that the Board of Port Commissioners had approved documents and agreements to facilitate the relocation of the South Bay Power Plant and transmission related infrastructure; and that the land exchange agreement with Pacifica and the second amendment to the relocation agreement was scheduled for the next Port District Boazd meeting on February 2, 2010. He noted that the Boazd of Port Commissioners had not yet adopted its prioritized capital development projects, but approximately $9.6 million was proposed to be prioritized for improvements related to Chula Vista's bayfront. Commissioner Padilla explained the actions that needed to occur in order to remove the Southbay Power Plant. He noted that decommissioning and deconstructing were two separate issues, and stated that the Port District was working with Dynegy on both issues, and anticipated the environmental review for demolition to begin in July 2010. Commissioner Padilla also stated that the Chair of the Boazd of Port Commissioners was supportive of beginning dialogues around the Chula Vista Nature Center being recognized as a regional asset. He then provided his committee assignments for 2010. Page 6 -Council Minutes January 12, 20]0 OTHER BUSINESS (Continued) A question and answer session between the Councilmembers and Commissioner Padilla followed his report. At 5:58 p.m., Mayor Cox called a meeting recess. The meeting reconvened at 6:08 p.m. with all members present. PUBLIC HEARINGS Time Certain 6:00 p.m. 8. CONSIDERATION OF A REQUEST BY YIH-RUEY CHANG AND CHAN-YUNG CHANG (APPLICANTS), FOR APPROVAL OF A TENTATIVE CONDOMINIUM MAP APPLICATION FOR THE CONSTRUCTION OF TWO NEW BUILDINGS AND THE CONVERSION OF TWO EXISTING MOTEL BUILDINGS, TO CONTAIN A MIXTURE OF 25 MULTI-FAMILY RESIDENTIAL CONDOMINIUM UNITS AND ONE COMMERCIAL UNIT CONTAINING SIX NEW COMMERCIAL SUITES The Applicants aze requesting approval of a Tentative Condominium Subdivision Map to subdivide the 0.98-acre lot in to 25 attached multi-family condominiums, and one retail commercial ownership containing 6 suites. Fifteen 3-bedroom and ten 2-bedroom multi- family units are proposed. Design Review Permit (DRC-09-17) and Planned Sign Program (PSP-09-02), were previously approved by the Chula Vista Redevelopment Corporation on December 10, 2009. (Deputy City Manager/Development Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Associate Planner Zumwalt presented the proposed project. Mayor Cox opened the public hearing. Theresa Acerro, Chula Vista resident, stated that inadequate parking already existed in the neighborhood and additional residences in the area would further impact parking and the quality of life for the residents. Peter Watry, Chula Vista resident, representing Crossroads II, urged the Council to direct staff to change corridor districts C1, C2 and C3 of the Urban Core Specific Plan to increase residential pazking ratios. There being no other speakers, Mayor Cox closed the public hearing. Deputy City Manger/Development Services Director Halbert responded to the public comments on the item, and suggested that staff perform a preliminary analysis of the parking requirements in the areas of C1, C2, and C3. Page 7 -Council Minutes January 12, 2010 PUBLIC HEARINGS (Continued) Deputy Mayor Ramirez stated that parking issues needed to be addressed in advance of future projects, and staff should include the Chula Vista Redevelopment Corporation in its discussions. Councilmember Bensoussan suggested for future projects, to have staff include the ongoing fiscal impacts in its report to the Council. She also suggested that in addition to looking at the possibility of moving to a more traditional pazking requirement for other con•idors, to have staff monitor the pazking situation in this neighborhood at regular intervals. Councilmember Thompson stated that further analysis was needed regarding parking. He suggested using the Spotlight on Broadway project as an indicator for parking. Mayor Cox pointed out that the triangle of jobs, transportation, and housing was critical, particulazly in a redevelopment area. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2010- 014, heading read, text waived: RESOLUTION NO. 2010-014, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING A TENTATIVE MAP SUBJECT TO THE CONDITIONS CONTAINED HEREIN FOR THE BROADWAY CONDOMINIUMS PROJECT, TO DIVIDE 0.99 ACRES LOCATED AT 778 BROADWAY INTO 25 MULTI-FAMILY RESIDENTIAL UNITS AND ONE COMMERCIAL UNIT WITH 6 SUITES Mayor Cox seconded the motion and it carried 5-0. Mayor Cox requested, and it was the consensus of the Council, to have staff provide to the City Manager in 60 days, a plan on how to proceed with an analysis of the pazking requirements. Deputy City Manger/Development Services Director Halbert further noted that the analysis could be provided to the Council within 90 days. ACTION ITEMS 9. Item 9 was taken out of order and heazd after the Public Comments portion of the agenda. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Sandoval reported that the recent passage of Bill No. H.R. 3288 had resulted in an allocation of $500,000 for road improvements, and the installation of a water line at the Chula Vista Nature Center. To that end, he thanked Congressman Filner's office and City staff for their efforts. Page 8 -Council Minutes January 12, 2010 11. MAYOR'S REPORTS Update from Port Commissioner Stephen Padilla The update from Port Commissioner Padilla was taken out of order and heard after Item 9. Mayor Cox announced that the next meeting of the Committee of ] 00 was scheduled for January 21, 2010, at 6:30 p.m. in the Council Chambers. She announced the upcoming Chula Vista Animal Care Facility Festival, to be held January 21 - 23. She stated that the Council Meeting would adjourn in memory of MaryAnn Barbieri, long time City employee and Administrative Secretary to former City Manager Dave Rowlands. 12. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez commented on a recent free energy assessment conducted at his business by the City, stating that it was very helpful, and he was hopeful that other businesses would take advantage of the free assessment opportunity. Councilmember Bensoussan announced that the South County Economic Development Council would be conducting a forum on January 14, 2010 at 2:00 p.m., at South Bay Fish and Grill to discuss the proposed landfill and recycle center. She commented on a recent newspaper article regarding approval by the San Diego City Council, of a program that would give small local businesses an edge when competing for city contracts. To that end, she asked staff to consider looking into adopting a similar policy. Mayor Cox recessed the meeting to convene in Closed Session at 7:10 p.m. CLOSED SESSION 13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Employee organization: International Association of Fire Fighters (IAFF) Agency designated representatives: Jim Sandoval, Scott Tulloch, Dave Hanneman, Kelley Bacon, Bazt Miesfeld, Mazia Kachadoorian and Simon Silva No reportable action was taken on this item. ADJOURNMENT At 8:30 p.m., Mayor Cox adjourned the meeting in memory of MaryAnn Bazbieri, to the next Regulaz City Council Meeting on January 26, 2010, at 4:00 p.m., in the Council Chambers. The meeting of January 19, 2010 was cancelled. orraine Bennett, CMC, Deputy City Clerk Page 9 -Council Minutes January 12, 2010