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Home My WebLink About2010/09/28 AgendaI declare under penalty of perjury that I am °~~. employed by the City of Chula Vista in the Office of the City Clerk and that I posted tt>is~ ~i document on the bulletin board accor own Act requirements. J~~~ ~-~+ 'L`f '= Signed I~c~ ~' ~~''~'~`+~ '~ CITY OF CHULA VISTA Cheryl Cox, Mayor // Rudy Ramirez, Councilmember James D. Sandoval, City Manager ~/'/-yL/~ John McCann, Councilmember Bart Miesfeld, City Attorney Pamela eensoussan, Councilmember Donna Norris, City Clerk Sieve Castaneda, Councilmember September 28, 2010 4:00 p.m. CALL TO ORDER Council Chambers City Hall -Building 100 276 Fourth Avenue ROLL CALL: Councilmembers Bensoussan, Castaneda, McCann, Ramirez and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY OATHS OF OFFICE Charles Sanfilippo, Board of Appeals & Advisors Eugene Yee, International Friendship Commission Jan Buddingh Jr., Parks and Recreation Commission PRESENTATION OF A PROCLAMATION TO HONOR LEROY ACOSTA AS CHULA VISTA VETERAN OF THE YEAR FOR 2010/2011 PRESENTATION BY MARILYN PONSEGGI, PRINCIPAL PLANNER, OF AN OVERVIEW OF SB375 GREENHOUSE GAS EMISSION REDUCTION BILL, AND SANDAG'S EFFORTS TO PREPARE THE REGIONAL TRANSPORTATION PLAN, INCLUDING THE SUSTAINABLE COMMUNITY STRATEGY AS REQUIRED BY SB375 PRESENTATION OF A PROCLAMATION TO JOAN WYLLIE, FOUNDER OF NINE G1ItLS ASK?, PROCLAIMING SEPTEMBER 2010, AS OVARIAN CANCER AWARENESS MONTH IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items 1-10) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of April 13, May 4, May 6 and May 11, 2010. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Jan K. Buddingh, Jr., Board of Appeals & Advisors. Staff recommendation: Council accept the resignation. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE TITLE OF CHIEF SERVICE OFFICER (SECOND READING AND ADOPTION) (4/STHS VOTE REQUIRED) The Mayor's Office requests the addition of one new position, Chief Service Officer (Unclassified) as required by the Cities of Service grant. This position will be responsible for organizing, developing and implementing a comprehensive service plan to mobilize Chula Vistans to serve their community and strategically address some of the community's high-priority needs in areas of youth job readiness and community wellness. Additionally, Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specially in Charter section 500 be adopted by Ordinance. The Mayor's Office requests the addition of the new Chief Service Officer position to the unclassified service. This ordinance was introduced September 14, 2010. (Mayor's Office) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.42, SECTION 3.41.030, SUBSECTION B OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) The City Attorney's Office has received written requests from Chula Vista motel proprietors to alter the Chula Vista Municipal Code to broaden the forms of identification needed to rent hotel rooms for non-U.S. residents. The Chula Vista Chamber of Commerce has also requested that this alteration be made. Motel proprietors have represented that the current restriction on forms of identification unfairly inhibits their business. This ordinance was introduced September 14, 2010. (City Attorney) Staff recommendation: Council adopt the ordinance. Page 2 -Council Agenda http://www.chulavistaca.gov September 28, 2010 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2010/2011 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A GRANT AWARD EV THE AMOUNT OF $2,000 FOR THE CHULA VISTA LIBRARY "LEAP INTO READING" PROGRAM (4/STHS VOTE REQUIRED) The Chula Vista Public Library received aone-time grant award in fiscal year 2009/2010 from the San Diego Council on Literacy -Affiliate Support Fund in the amount of $2,000 to support the library's "Leap into Reading" program by funding supplies, books and classroom materials. Due to unforeseen circumstances, the grant award was not spent in fiscal year 2009/2010. Adoption of the resolution approves for the spending of the grant award in fiscal year 2010/2011. (Library Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CULTURAL ARTS COMMISSION REQUEST TO APPROPRIATE $20,000 TO THE FINE ARTS FUND FROM THE AVAILABLE FUND BALANCE FOR THE PURPOSE OF FUNDING THE SCULPTURE GARDEN PROJECT (4/STHS VOTE REQUIILED) The Cultural Arts Commission is requesting an appropriation of $20,000 to the Fine Arts Fund to commence work on a sculpture garden project, located on the corner of 3rd Avenue and "E" Street. City staff has determined that the Fine Arts Fund balance is currently $32,315.00. Additional financial support from sponsors would be solicited by the Cultural Arts Commission to augment this amount. (Library Director) Staff recommendation: Council adopt the resolution. 7. REPORT GIVING NOTICE OF INTENT TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA; AND D1I2ECTING THE CITY CLERK AND CITY ATTORNEY TO RETURN TO COUNCIL TO PRESENT THE PROPOSED AMENDMENTS Pursuant to Resolution No. 2010-131, the City Clerk and City Attorney have reviewed the City's conflict of interest code and its appendix, and have determined that amendments are necessary. Staff anticipates returning to Council within 90 days to present the proposed amendments. (City Clerk and City Attorney) Staff recommendation: Council accept the report. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE WAIVER OF THE APPLICABLE RESIDENTIAL CONSTRUCTION TAX FOR 28 AFFORDABLE HOUSING UNITS WITHIN A DEVELOPMENT TO BE LOCATED ON NEIGHBORHOOD R-30 fN OTAY RANCH VILLAGE 2 IN SATISFACTION OF THE CITY'S BALANCED COMMUNITIES POLICY Page 3 -Council Agenda htto://www.chulavistaca.gov September 28, 2010 Rosina Genpar, LLC (Developer) proposes to develop a two hundred seventy-eight unit housing project located on Neighborhood R-30 in Otay Ranch Village 2 in the City of Chula Vista, of which twenty-eight units will be operated as affordable rental housing for low and moderate-income households. The twenty-eight affordable units are being provided consistent with the Affordable Housing Program of the Otay Ranch Village 2 Sectional Planning Area (SPA) Plan and the City's Balanced Communities Policy. To assist in the development of the low and moderate-income housing units, the Developer is requesting a waiver of the Residential Construction Tax. (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "TRAFFIC SIGNAL MODIFICATION AT "E" STREET AND FIRST AVENUE (TF349)" PROJECT TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF $319,362, APPROPRIATING FUNDS IN THE AMOUNT OF $190,000 FROM THE AVAILABLE TRAFFIC SIGNAL FUND BALANCE, AND AUTHORIZING THE DIItECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT (4/STHS VOTE REQUIRED) On September 8, 2010, the Director of Public Works received two (2) sealed bids for the project. The project is included in the Capital Improvement Program budget to provide protected left-turn phasing and to improve the drivability of "E" Street at the intersection. Adoption of the resolution awazds a contract to HMS Construction, Inc., appropriates additional funding into the project, and authorizes the Director of Public Works to expend all available funds in the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE MINIMUM SALARY OF THE ELECTED CITY ATTORNEY In November of 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. Based on City Charter Section 503, the City Council must set the compensation for the City Attorney in accordance with the formula established by City Charter Section 503 and Ordinance No. 3147. Pursuant to that formula, the minimum compensation for the City Attorney is $203,688 annually. (Director of Human Resources) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR Page 4 -Council Agenda http://www.chulavistaca.eov September 28, 2010 PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. OTHER BUSINESS 11. CITY MANAGER'S REPORTS 12. MAYOR'S REPORTS A. Ratification of appointment of Robert Ross to the Resource Conservation Commission. B. Designation of a voting member and alternate for the National League of Cities Annual Business Meeting, to be held Saturday, December 4, 2010 in Denver, Colorado. 13. COUNCILMEMBERS' COMMENTS ADJOURNMENT to the next regular City Council meeting on October 5, 2010, at 4:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the Ciry Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the Ciry Clerk's Offtce at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 5 -Council Agenda htto://www.chulavistaca.eov September 28, 2010