HomeMy WebLinkAboutcc min 2010/02/23MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 23, 2010
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, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Candy Schumann led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
PRESENTATION OF A PROCLAMATION TO CANDY SCHUMANN, CO-FOUNDER AND
VOLUNTEER EXECUTIVE DIRECTOR FOR SPAY AND NEUTER ANIMAL
PROTECTION GROUP (SNAP), PROCLAIMING FEBRUARY 23, 2010 AS THE 16TH
ANNUAL SPAY DAY USA IN CHULA VISTA
Mayor Cox displayed a video clip from a Fox 5 television news segment about the Chula Vista
Animal Shelter and its partnership with PIMA Medical Institute. Mayor Cox then read the
proclamation and Deputy Mayor Ramirez presented it to Ms. Schumann.
CONSENT CALENDAR
(Items I-7)
Consent Calendar Items 5 through 7 were pulled from the Consent Calendar for separate
consideration.
APPROVAL OF MINUTES of October 27, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Memorandum from Councilmember Bensoussan requesting an excused absence from the
February 9, 2010 Council meeting.
Recommendation: Council excuse the absence.
Page 1 -Council Minutes February 23, 2010
CONSENT CALENDAR (Continued)
3. ORDINANCE NO. 3151, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 17, SECTION 17.35.050 OF THE CHULA VISTA
MUNICIPAL CODE TO INCLUDE AN EXEMPTION FOR BRUSH MANAGEMENT
ACTIVITIES CONDUCTED IN ACCORDANCE WITH SECTION 7.4.4 OF THE
CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA
PLAN (SECOND READING AND ADOPTION)
The City of Chula Vista Multiple Species conservation Program (MSCP) Subazea Plan
contains guidelines to implement brush management activities throughout the City where
urban development interfaces with open space. The proposed amendments include minor
text changes to the City's MSCP Subazea Plan to clarify the location and extent to which
brush management activities are performed, and amend Chapter 17.35.050 of the City's
Municipal Code (Habitat Loss and Incidental Take Ordinance) to include a new
exemption category authorizing brush management activities to be conducted without
having to obtain a Habitat Loss and Incidental Take (HLIT) Permit. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2010-039, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND
THE CHULA VISTA MID MANAGER/PROFESSIONAL ASSOCIATION FOR
JANUARY 1, 2010 -JUNE 30, 2012
This is the first Memorandum of Understanding (MOU) between the City and the
recently organized Chula Vista Mid-Managers/Professional Association
(CVMM/PROFA). The MOU details specific provisions pertaining to wages, benefits,
terms and conditions of employment for unit members. During the negotiating process,
Council approved in Closed Session, the terms and conditions contained herein. The
MOU has been ratified by CVMM/PROFA's membership. Adoption of the resolution
approves the MOU between the City and the CVMM/PROFA. (Director of Human
Resources)
Staff recommendation: Council adopt the resolution.
5. Item 5 was removed from the Consent Calendaz.
6. Item 6 was removed from the Consent Calendar.
Item 7 was removed from the Consent Calendaz.
ACTION: Mayor Cox moved to approve Consent Calendar Items 1 through 4, headings
read, text waived. Councilmember Castaneda seconded the motion and it carried
5-0, except on Item 2, which carried 4-0-1, with Councilmember Bensoussan
abstaining.
Page 2 -Council Minutes February 23, 2010
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. RESOLUTION NO. 2010-040, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FORA 3.9
ACRE PUBLIC NEIGHBORHOOD PARK SITE ON FOURTH AVENUE IN
WESTERN CHULA VISTA
A concept pazk master plan has been prepared for a pazk to be located adjacent to the
South Chula Vista Library located at 341 Orange Avenue in the SDG&E easement.
Adoption of the resolution approves the pazk master plan, and authorizes staff to hold a
contest for acommunity-based pazk name. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution, and authorize staff to hold a contest
for a park name.
Deputy City Attorney Miller stated for the record, the revised language regarding the
environmental review segment of the staff report to read, "The Environmental Review
Coordinator has revised this action for compliance with the California Environmental
Quality Act, and has determined that it qualifies for statutory exemption pursuant to
Public Resources Code Section 21102, Feasibility and Planning Studies, thus no further
environmental review is necessary."
ACTION: Mayor Cox moved to approve staffls recommendation and adopt Resolution No.
2010-040, heading read, text waived. Councilmember Castaneda seconded the
motion, and it carried 4-0-1, with Deputy Mayor Ramirez abstaining due to
property ownership in proximity of the subject proposal.
6. RESOLUTION NO. 2010-041, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE 2010 LEGISLATIVE PROGRAM
The Legislative Program is reviewed and updated each year to ensure that City staff will
have the direction needed to respond to legislative proposals in accordance with the City
Council's priority and preferences. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
Councilmember Bensoussan recommended, and it was the consensus of the Council, to revise
the legislative priorities listed in Group I of the 2010 Legislative Program as follows:
Move Item No. 8 of the program, "Providing structural reforms to State government that protect
local revenues," and Item No. 9, "Providing illegal drug use prevention and intervention in a
community-based setting" to Group II; replace Item No. 8 with the first item from Group II,
"Economic Development -Purchase foreclosed or abandoned homes in order to stabilize
neighborhoods and stem the decline of house values of neighboring homes;" replace Item No. 9
from Group I, with a new Item No. 9, "Preserve and expand enterprise zones;" add a new Item
No. 11 to Group I, by moving the segment on Energy in Group II, "Facilitate
construction/implementation of energy efficient and alternative energy resources," and amend
the new Item No. 11 in Group I to read, "Facilitate construction and implementation of energy
efficient and alternative energy resources, and oppose legislation to diminish and/or limit AB32."
Page 3 -Council Minutes February 23, 20]0
CONSENT CALENDAR (Continued)
Councilmember Thompson requested Council consideration to drop the segment from Group II -
Housing, "Encourage the use of alternative dispute resolution measures rather than costly time-
consuming litigation in condominium and townhouse construction defect challenges," and to
replace it with, "Investigate alternative construction sales tax legislation," stating that the matter
had been largely dealt with by the State.
ACTION: Mayor Cox moved to adopt Resolution No. 2010-041, as amended, heading read,
text waived. Deputy Mayor Ramirez seconded the motion and it carried 5-0.
RESOLUTION NO. 2010-042, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
WESTERN PUMP INC. FOR THE DESIGN AND CONSTRUCTION OF TWO FUEL
TANKS (UNLEADED AND BIO-DIESEL), LOCATED AT THE JOHN LIPPITT
PUBLIC WORKS CENTER IN THE CITY OF CHULA VISTA
Adoption of the resolution approves a design build agreement with Western Pump Inc.,
for services required to design and construct two fuel tanks (unleaded and bio-diesel).
(Director of Public Works)
ACTION: Mayor Cox moved to adopt Resolution No. 2010-042, heading read, text waived.
Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy
Mayor Ramirez abstaining due to property ownership in proximity of the subject
proposal.
PUBLIC COMMENTS
David Peters, Encinitas resident, representing Treviana at Lomas Verdes Homeowners
Association, commented on residents' concerns about the implementation of a proposed Rapid
Transit Bus route in close proximity to the community.
City Manager Sandoval responded to Mr. Peters' comment, stating that at a recent meeting with
SANDAG's Executive Director, the lead agency on the project, there was discussion about the
idea of having SANDAG pursue an environmental impact report, rather than a mitigated
negative declaration, and a presentation of the recommendation before the Transportation
Committee. He stated that this would extend the process and provide an opportunity for the City
and SANDAG to look at potential impacts and alternatives for the proposed project, receive
community input, and provide subsequent recommendations to the City Council.
Councilmember Castaneda suggested that the City Manager provide the Council a schedule with
SANDAG's track on the matter, a timeline for a public hearing to allow community input, and
for the Council to take a position.
Evan McLaughlin, Chula Vista resident, representing "We Won't Pay to give Chula Vista Jobs
Away Campaign," made reference to an article in a recent Voice of San Diego newspaper edition
related a project bid at the San Diego Unified School District under its project labor agreement,
and he suggested that the public become more familiar with the proposed initiative.
Page 4 -Council Minutes February 23, 2010
PUBLIC COMMENTS (Continued)
Kevin O'Neill, Chula Vista resident, suggested that the Council look at the cumulative effects of
its laws associated with environmental and energy standards on construction. He then referenced
an article about the health effects on residents in Silicon Valley, who were exposed to excessive
concentration levels of formaldehyde.
PUBLIC HEARINGS
Item 8 was removed from the agenda at the request of staff. The item was not discussed and no
action was taken.
8. CONSIDERATION OF THE TRANSFER OF A LETTER OF CREDIT FOR $2.3
MILLION TO ANOTHER SECURED ACCOUNT AS FINANCIAL ASSURANCE
FOR MINING OPERATIONS UNDER THE STATE OF CALIFORNIA SURFACE
MINING AND RECLAMATION ACT (SMARA)
The existing letter of credit will expire on March 1, 2010. Anew financial security has
not been established by the current mine operator for mine reclamation activities required
under the adopted Otay Valley Quarry reclamation plan. The City would transfer said
funds from the Letter of Credit until the issues regarding financial assurance can be
resolved, or reclamation activities are commenced. Public Resources Code Section
2773.1 requires a mining operator to provide financial assurances for the duration of the
mining operation or until reclamation is completed. Adoption of the resolution directs
staff to transfer money from a letter of credit in the amount of $2.3 million, established
for mine reclamation activities pursuant to the requirements of state mining law
(SMARA), to another secured account. (Deputy City Manager/Development Services
Director)
ACTION ITEMS
9. CONSIDERATION OF ADOPTION OF A COMMUNITY GARDENS POLICY
Beginning in early 2009, a coalition of community representatives, public health
advocates, and elected officials expressed interest in establishing community gardens in
the City of Chula Vista. Proponents noted that community gardens could play an
important role in helping Chula Vista communities access fresh produce, engage in
healthful low-intensity exercise, and develop a sense of neighborhood cohesion.
Responding to this community interest, the City Council Westside Revitalization
Subcommittee directed staff to prepare a policy to facilitate the establishment of
community gardens in the City. Advocates for the gardens were asked to provide their
input throughout the policy development process, and the resulting document takes those
comments into account. The policy seeks to empower local groups and non-profits to
take the lead in establishing community gardens on City-owned vacant land, with the
City acting in a supporting role. (Deputy City Manager/Development Services Director)
Page 5 -Council Minutes February 23, 2010
ACTION ITEMS (Continued)
Project Coordinator Blackmar presented the proposed City of Chula Vista Community Gazden
Policy.
The following members of the public spoke in support of establishment of community gazdens in
the City, and a Community Gazdens Policy:
Charlotte Dickson, representing Healthy Easting Active Living Cities Campaign
Tanya Rovira-Osterwalder, representing Chula Vista Healthy Eating and Active
Communities (HEAC)
Cheryl Moder, San Diego resident, representing San Diego Company Childhood Obesity
Initiative
Dana Richazdson, National City resident, representing HEAC
Mariaelena Aguilaz, Chula Vista resident
Elizabeth Pastrana, Chula Vista resident, representing Cambios con Fe
Councilmember Bensoussan suggested creating policies that would provide incentives for
establishing community gardens on private property in new development and redevelopment
citywide, an annual report by staff to the Council about how the program was working, avoiding
onerous revenues and expense record-keeping requirements by community gardeners, and to
keep an open mind on fencing requirements based upon site locations.
Councilmember Thompson suggested consideration of the concept of under-utilized azeas of
city-owned pazkland for community gazdens on a trial basis. Staffinember Blackmar responded
that pazks were not included since they were already over-committed. Additionally, the Parks
Master Plan would address uses for pazks. Councilmember Thompson suggested to generally
exclude city-owned pazks, and to potentially include little used areas of city pazks as potential
candidates in the future.
Mayor Cox suggested authorizing the City Manager to designate otherwise unusable parkland for
the purpose of community gardens at his discretion, and to have staff return in the future with a
status report.
ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2010-
043, heading read, text waived:
RESOLUTION NO. 2010-043, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO
ALLOW THE USE OF CITY-OWNED VACANT LANDS TO CREATE
COMMUNITY GARDENS AND TO TAKE ANY AND ALL ACTIONS
REQUIRED TO IMPLEMENT THE CREATION OF COMMUNITY
GARDENS, ADOPTING THE "COMMUNITY GARDENS POLICY" AS
COUNCIL POLICY TO PROVIDE GUIDANCE IN THE ESTABLISHMENT
AND OPERATION OF COMMUNITY GARDENS ON CITY-OWNED
VACANT LANDS, AND DIRECTING CITY STAFF TO CONSIDER
ADDITIONAL LOCATIONS FOR THE ESTABLISHMENT OF
COMMUNITY GARDENS AND TO MAKE RECOMMENDATIONS OF
SUCH LOCATIONS TO CITY COUNCIL AS THE CURRENT PROGRAM
PROGRESSES
Councilmember Castaneda seconded the motion and it carried 5-0.
Page 6 -Council Minutes February 23, 2010
ACTION ITEMS (Continued)
Mayor Cox recessed the meeting at 5:54 p.m. The meeting reconvened at 6:03 p.m., with all
members present.
10. CONSIDERATION OF ACCEPTANCE OF A PROGRESS REPORT ON CLIMATE
PROTECTION MEASURES IMPLEMENTATION AND DIRECTING STAFF TO
RETURN IN 180 DAYS WITH AN IMPLEMENTATION UPDATE
The report outlines the City's progress in implementing the climate protection measures
approved by City Council in July 2008. The new measures focus on lowering energy and
water consumption, installing renewable energy systems, promoting alternative fuel
vehicle use, and designing pedestrian and transit-friendly communities. (Director of
Conservation and Environmental Services)
Environmental Resource Manager Reed presented the progress report on Climate Protection
Measures and their implementation.
Director of Conservation and Environmental Services Meacham presented the Financing
Strategy portion of the progress report.
Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke in
support of the appliance rebate program. She asked that the bond proposal be brought back to
the Chamber after its review by the City Attorney. She suggested that rebates for rebate
programs remain local.
Councilmember Bensoussan recommended for the future, consideration of an exhibit wall at City
Hall devoted to the display of the City's receipt of its many awards and certificates.
ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2010-
044, heading read, text waived:
RESOLUTION NO. 2010-044, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA (1) ACCEPTING THE 18-MONTH PROGRESS
REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION
AND (2) DIRECTING STAFF TO RETURN WITHIN 180 DAYS WITH
ANOTHER IMPLEMENTATION UPDATE
Deputy Mayor Ramirez seconded the motion and it carried 5-0.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Sandoval reported on a recent meeting between Executive City staff and
Southwestern College staff on a number of development projects, particularly an agreement to
develop a curriculum for trade school training. He commented on the City's receipt of a grant
from Keiser Permanente for $50,000 for the City's Learn to Swim program. He acknowledged
the Planning and Development Services Departments' mission statement, and highlighted the
department's programs towards improved customer service.
Page 7 -Council Minutes February 23, 2010
12. MAYOR'S REPORTS
Mayor Cox gave a report on the recent Committee of 100 Meeting of February 16th, and
provided some of the ideas proposed by committee members for the City's upcoming centennial.
Further information about the centennial can be accessed online at
www.chulavistacentennial.org. She announced the next Committee of 100 meeting was
scheduled for Apri121, 2010.
13. COUNCILMEMBERS' COMMENTS
Councilmember Thompson:
Consideration of authorization to submit a letter on behalf of the City, to the San Diego
Boazd of Supervisors/Board of Commissioners of the Housing Authority, in support of
allowing Project Based Certificates.
Councilmember Thompson referenced a draft letter distributed on the dais to Mr. David Estrella,
Director, Department of Housing & Community Development, regarding Councilmember
Thompson's review and comment on the proposed Public Housing Authority Plan for the County
of San Diego Housing Authority.
ACTION: Councilmember Thompson moved to submit the proposed letter for consideration
by the County's Department of Housing & Community Development. Mayor
Cox seconded the motion and it carried 5-0.
Deputy Mayor Ramirez referred to the City's upcoming centennial event, stating that there was
interest by a local organization, Altrusa International to compile a cookbook for the upcoming
centennial, and that he would be interested in working with Altrusa on a prospective cookbook.
He also stated that his father had recently contacted him to compliment the City on the success of
its recent hazazdous waste collection event, and was appreciative of the friendly and courteous
service provided by City staff. Deputy Mayor Ramirez thanked his wife for attending the recent
foreign film festival in his absence, at the South Chula Vista Library.
ADJOURNMENT
At 6:55 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on
Mazch 2, 2010, at 4:00 p.m., in the Council Chambers.
/, ~~ ~
Lorraine Bennett, CMC, Deputy City Clerk
Page 8 -Council Minutes February 23, 2010