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Home My WebLink Aboutcc min 2010/03/09MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Mazch 9, 2010 4:00 P.M. A Regular 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 SPECIAL ORDERS OF THE DAY PRESENTATION OF A PROCLAMATION TO JO DEE C. JACOB, CHIEF EXECUTIVE OFFICER OF GIRL SCOUTS, SAN DIEGO-IMPERIAL COUNCIL, DECLARING THE WEEK OF MARCH 7 THROUGH MARCH 13, 2010, AS GIRL SCOUTS WEEK IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Ms. Jacob. Girl Scout, Madison Perno, gave a presentation about the Girl Scouts "Operation Thin Mint" program that provides Girl Scout cookies to service men and women overseas, giving them a taste of home while far from home. Councilmember Bensoussan presented Madison with a certificate of recognition for her work with the program. CONSENT CALENDAR (Items 1-2) RESOLUTION NO. 2010-053, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "CITY OF CHULA VISTA DEVELOPMENT STORM WATER MANUAL, MARCH 2010" AND AUTHORIZING THE CITY ENGINEER TO APPROVE FUTURE UPDATES ON BEHALF OF THE CITY The National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2007-0001 required the eighteen cities of San Diego County, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and the County of San Diego to update their regional Model Standard Urban Storm Water Mitigation Plan. This update was completed and subsequently approved by the regional boazd. To comply with the permit, the Council is now required to approve the Storm Water Manual. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page I -Council Minutes March 9, 2010 CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2010-054, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN APPLICATION TO THE STATE OF CALIFORNIA FOR DESIGNATION OF THE EASTERN URBAN CENTER AS A CATALYST PROJECT UNDER THE CALIFORNIA SUSTAINABLE STRATEGIES PILOT PROGRAM, AND ACKNOWLEDGING INTENT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE STATE SHOULD THE EASTERN URBAN CENTER BE SELECTED In response to a Request for Proposals (RFP) from the State Department of Housing and Community Development (HCD), staff is applying to HCD for designation of the Eastern Urban Center (EUC) project as a Catalyst Project under the California Sustainable Strategies Pilot Program. Adoption of the resolution authorizes submittal of an application to the State of California. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendar Items 1 and 2, headings read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 3. CONSIDERATION OF APPROVING A REQUEST TO WAIVE THE PARKLANDS AND PUBLIC FACILITIES FEES AND SEWER CAPACITY FEES FOR 634 SECOND AVENUE The applicant (Kevin O'Neill) is requesting a waiver of the Parkland and Public Facilities fees, also known as the Pazk Acquisition and Development (PAD) fee and Sewer Capacity fees, associated with the development of a subdivision of a 23,381 square-foot site into three legal lots. The total amount to be waived would offset the cost of relocating the existing house on the same parcel. (Deputy City Manager/Development Services Director) Notice of the heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 2 -Council Minutes March 9, 2010 PUBLIC HEARINGS (Continued) Mayor Cox announced that Councilmembers Bensoussan and Thompson would be abstaining from voting on Item 3, due to the proximity of Councilmember Bensoussan's property to the subject property, and Councilmember Thompson's participation on the matter while serving on the Planning Commission. Councilmembers Bensoussan and Thompson then left the dais. Mayor Cox opened the public hearing. The following members of the public spoke in support of the proposal. Bruce Coons, Coronado resident, representing Save Our Heritage Organization Corinne McCall, Chula Vista resident Glenda de Vaney, Chula Vista resident Carlos Fox, Chula Vista resident There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-055, heading read, text waived: RESOLUTION NO. 2010-055, RESOLUTON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REQUEST TO WAIVE THE PARKLANDS AND PUBLIC FACILITIES FEES AND SEWER CAPACITY FEES IN THE AMOUNT OF $26,104 FOR THE PROJECT LOCATED AT 634 SECOND AVENUE Councilmember Castaneda seconded the motion and it carried 3-0-2, with Councilmembers Bensoussan and Thompson abstaining. Councilmembers Bensoussan and Thompson returned to the dais at 4:24 p.m. ACTION ITEMS 4. CONSIDERATION OF ESTABLISHMENT OF A SITE LICENSE AGREEMENT WITH CLEAR WIRELESS, LLC, FOR THE INSTALLATION AND OPERATION OF WIRELESS TELECOMMUNICATIONS FACILITIES ON CITY-OWNED AND/OR CONTROLLED PROPERTY Adoption of the resolution establishes a Master License Agreement between the City and Clear Wireless, LLC, (Clearwire) for the installation of up to 25 wireless telephone facilities (WTF) on property owned and/or controlled by the City. (Director of Conservation and Environmental Services) Page 3 -Council Minutes March 9, 2010 ACTION ITEMS (Continued) Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-056, heading read, text waived: RESOLUTION NO. 2010-056, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MASTER COMMUNICATIONS SITE LICENSE AGREEMENT WITH CLEAR WIRELESS LLC, (CLEARWIRE) FOR THE INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY- OWNED AND/OR CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 10 YEARS WITH AN OPTION TO RENEW FOR AS MANY AS FOUR ADDITIONAL FIVE-YEAR TERMS Councilmember Bensoussan seconded the motion and it can•ied 5-0. 5. CONSIDERATION OF AN AMENDMENT TO THE BALLOT QUESTION FOR THE "FAIR AND OPEN COMPETITION IN CONTRACTING ORDINANCE" On March 2, 2010, the Council directed the City Attorney to review the ballot question previously approved by the adoption of Council Resolution No. 2009-214, to ensure its accuracy and impartiality. Adoption of the resolution approves the ballot question as amended. (City Attorney) Deputy City Attorney Maland introduced the item. Deputy City Attomey Silva explained that upon further review of the ballot question by staff, a technical error was discovered in the ballot question. The proposed resolution was included amended ballot language that would best meet the requirements of the law. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2010- 057, heading read, text waived: RESOLUTION NO. 2010-057, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 3 OF RESOLUTION NO. 2009-214 TO AMEND THE BALLOT QUESTION FOR THE INITIATIVE ENTITLED "FAIR AND OPEN COMPETITION IN CONTRACTING ORDINANCE" Councilmember Bensoussan seconded the motion and it carried 5-0. OTHER BUSINESS 6. CITY MANAGER'S REPORTS There were none. Page 4 -Council Minutes March 9, 2010 OTHER BUSINESS (Continued) MAYOR'S REPORTS Update from Port Commissioner Stephen Padilla. This item was not discussed. Mayor Cox made the following announcements: "Operation Thin Mint" Girl Scout kick-off event, May 15, 2010 at 8:15 a.m., aboazd the Midway; The second annual Olympic Training Center Community Fun Run, May 22, 2010, benefiting four local organizations. She recognized and congratulated the Eastlake Robotics Team on its achievements at a recent robotics competition with the most points scored, earning them the title of "Finalist Number One," second place in Alliance, receipt of the Judges Awazd for International Altruism for its assistance with Haiti, and a "Cooperation Award", founded on the concept that teams should help one another even through competition. She recognized Olympian High School for its robot, which scored the highest of all seven rookie teams. The next centennial meeting was scheduled for April 21, 2010, with further information available online at www.chulavistacentennial.ore. The Mayor's State of the City Address was scheduled for Mazch 16, 2010 at 6:00 p.m. in the Council Chambers. 8. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez commented on his recent attendance at the South Chula Vista Library Foreign Film Festival, stating that the event was well attended and he recognized the Library staff on the success of the event. Councilmember Castaneda spoke about his participation in the recent "Read Across America" event. He congratulated all of the Chula Vista robotics teams who participated in the recent robotics event. He welcomed two new businesses to the City, Burlington Coat Factory and Kaplan College. He announced that the Chula Vista All American Little League opening day was scheduled for Saturday, Mazch 13, 2010. Councilmember Bensoussan also welcomed a new local business, Mr. Pampas, located on Broadway and F Street. ADJOURNMENT At 4:45 p.m., Mayor Cox adjourned the meeting to the State of the City Address on Mazch 16, 2010, at 6:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 5 -Council Minutes March 9, 2010