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