HomeMy WebLinkAboutcc min 2010/07/27MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 27, 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, McCann, Ramirez, 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
Police Chief Bejarano led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE CHIEF
DAVID BEJARANO, IN RECOGNITION OF CHULA VISTA'S PARTICIPATION IN
NATIONAL NIGHT OUT ON AUGUST 3, 2010 BEGINNING AT 4:00 P.M.
Chief Bejarano invited the Council and community to attend the event. Mayor Cox read the
proclamation and Councilmember McCann presented it to Chief Bejarano.
CONSENT CALENDAR
(Items 1-9)
Items 1, 3, 7-9 were removed from the Consent Calendar for separate consideration.
Councilmember McCann stated that he would be abstaining from voting on Item 1, due to his
absence from the meeting while on active military duty; that he would be registering a no vote on
Item 3; and that he would be abstaining from voting on Items 8 and 9, due to a potential
property-related conflict of interest. Deputy Mayor Ramirez stated he would be abstaining from
voting on Items 7 and 9, due to a potential property-related conflict of interest.
This item was removed from the Consent Calendar.
2. WRITTEN COMMUNICATIONS
Letters of resignation from Erica Fessia and Diannah Smith, Cultural Arts Commission.
Staff recommendation: Council accept the resignations.
Page 1 -Council Minutes July 27, 2010
CONSENT CALENDAR (Continued)
3. This item was removed from the Consent Calendar.
4. RESOLUTION NO. 2010-189, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE A
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS BY AND
BETWEEN THE CITY OF CHULA VISTA AND ROSINA GENPAR, LLC FOR A
RENTAL HOUSING DEVELOPMENT TO BE LOCATED ON NEIGHBORHOOD R-
30 IN OTAY RANCH VILLAGE 2 IN SATISFACTION OF THE CITY'S BALANCED
COMMUNITIES POLICY
Rosina Genpar, LLC proposes to develop a 278-unit housing project located on
Neighborhood R-30 in Otay Ranch Village 2 in the City of Chula Vista, of which 28
units will be operated as affordable rental housing for low and moderate income
households. The 28 affordable units are being provided consistent with the Affordable
Housing Program of the Otay Ranch Village 2 Sectional Planning Area Plan and the
City's Balanced Communities Policy. (Assistant City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2010-190, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A $40,000 GRANT FROM THE COUNTY
OF SAN DIEGO AND APPROPRIATING SAID FUNDS TO PURCHASE A
POLLUTION LIMITED LIABILITY INSURANCE POLICY FOR AN 8.61 ACRE
SITE, ASSESSOR PARCEL NUMBER 624-071-01 LOCATED IN THE OTAY RIVER
VALLEY REGIONAL PARK (4/STHS VOTE REQUIRED)
To help pay for a pollution limited liability insurance policy, the County has approved a
grant request from the City to cover two thirds of the cost ($40,000) with the remaining
balance from the Agency ($28,500). (Assistant City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution
6. RESOLUTION NO. 2010-191, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, AND AWARDING A CONTRACT
FOR THE "PAVEMENT REHABILITATION PROGRAM (PROP 1B), PHASE I
(STL357)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF
$1,387,350.20 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXPEND ALL AVAILABLE FUNDS IN THE PROJECT
On June 23, 2010, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program (Prop 1B), Phase I (STL357)" project. The project consists of the
removal and replacement of failed asphalt concrete pavement (dig-outs), application of
Rubberized Emulsion Aggregate Slurry seal coat, and Chip Seal with Modified Polymer
Asphalt Surface Sealer for various streets in the City. Work on this project also includes
replacement of traffic signal loop detectors, traffic control, striping and marking, and
other miscellaneous items of work necessary for the project. Adoption of the resolution
awazds a contract to Frank and Son Paving, Inc. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
This item was removed from the Consent Calendar.
8. This item was removed from the Consent Calendar.
9. This item was removed from the Consent Calendaz.
ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent
Calendar Items 2, 4, 5, and 6, headings read, texts waived. Councilmember
Castaneda seconded the motion and it carved 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Mayor Cox announced that the Council would take Items 1 and 8 in one motion.
APPROVAL OF MINUTES of February 23 and Mazch 2, 2010.
Staff recommendation: Council approve the minutes.
8. RESOLUTION NO. 2010-193, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF
CITY OWNED LAND TO SAN DIEGO GAS & ELECTRIC COMPANY FOR
ELECTRIC FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE THE
NECESSARY EASEMENT DEED
The County of San Diego has designated three separate Underground Utility District
Boundaries along Sweetwater Road, Phases 1, 2 and 3, using the 20A Rule. The
easement SDG&E is pursuing from the City of Chula Vista is in relation to Phase 1. This
boundary extends from Willow Street to Central Avenue. Normally these facilities aze
placed in the franchise area. However, the location of existing wet utilities require
SDG&E to extend its equipment on to City of Chula Vista property. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent
Calendar Item 1 and Resolution No. 2010-193, headings read, texts waived.
Councilmember Castaneda seconded the motion and it carried 4-0-1, with
Councilmember McCann abstaining.
ORDINANCE NO. 3161, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.55.100(A) OF THE CHULA VISTA MUNICIPAL CODE
REMOVING THE REFERENCE TO A 6:00 P.M. START TIME FOR REGULAR
MEETINGS (SECOND READING AND ADOPTION)
On June 10, 2010, the Chula Vista Redevelopment Corporation (CVRC) adopted
Resolution No. 2010-013, amending its Bylaws. When the item went to the City Council
for ratification on June 15th, it was pulled to make several changes and corrections.
Those changes and corrections were adopted by the CVRC on June 24, 2010. Also on
June 10, 2010, the CVRC adopted a resolution to seta 4:00 p.m. start time for its regular
meetings, pending Council amendment of the Chula Vista Municipal Code. This
ordinance was introduced on July 13, 2010. (Assistant City Manger/Development
Services Director)
Staff recommendation: Council adopt the ordinance.
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve staffs recommendation and offered Ordinance No.
3161, heading read, text waived. Councilmember Bensoussan seconded the
motion and it can•ied 4-I, with Councilmember McCann voting no.
RESOLUTION NO. 2010-192, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
BUXCON SHEET METAL INC. FOR THE "RE-DESIGN AND RETROFIT OF THE
SOUTH CHULA VISTA LIBRARY COPPER ROOF DRAINAGE SYSTEM IN THE
CITY OF CHULA VISTA (CIP NO. LB144)" AND AUTHORIZING USE OF ALL
AVAILABLE FUNDS
The South Chula Vista Librazy Branch was opened in 1995 and designed by the world
renowned Mexican architect Ricardo Legorreta. His concept was to evoke aspects of
Mayan and Aztec heritage. Because of its many unusual architectural features,
significant maintenance problems have occurred for many years, especially with its
system of water features and with the copper roof. Adoption of the resolution approves a
design build agreement with Buxcon Sheet Metal Inc. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No.
2010-192, heading read, text waived. Councilmember Castaneda seconded the
motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining.
8. This item was taken out of order and voted on jointly with Item 1.
9. RESOLUTION NO. 2010-194, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING SUBMITTAL OF A CLIMATE SHOWCASE
COMMUNITIES GRANT APPLICATION TO THE ENVIRONMENTAL
PROTECTION AGENCY FOR $496,900 AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY
TO OBTAIN AND MANAGE GRANT FUNDS
The Environmental Protection Agency's Climate Protection Partnership Division is
soliciting proposals for its Climate Showcase Communities grant program that was
created to establish greenhouse gas emission reduction demonstration projects. In
response, City staff has prepared a $496,900 proposal to make visible, tazgeted
sustainable improvements in its southwest Chula Vista redevelopment area. The
improvements include interior and exterior upgrades to residential and commercial
properties that reduce energy and water consumption and related utility costs. These
property improvements will be complemented by additional public infrastructure and
service investments such as the development of more sustainable, affordable housing
units, the installation of efficient street lighting technologies, expansion of bicycle
infrastructure, and creation of a commercial food waste collection service. (Director of
Conservation and Environmental Services, Director of Public Works, Assistant City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No.
2010-194, heading read, text waived. Councilmember Bensoussan seconded the
motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining.
PUBLIC COMMENTS
Daniel Green, Chula Vista resident, spoke in support of allowing medical marijuana dispensaries
in the City.
Kevin O'Neill, Chula Vista resident, commented on a Municipal Services Quality and
Accountability Initiative that he would be bringing before the Council at a future meeting.
Paul Umbrell, Chula Vista resident, spoke in support of mobilehome rent control in the City.
At 4:30 p.m., Mayor Cox recessed the meeting to call to order a Special Meeting. At 5:24 p.m.,
Mayor Cox reconvened the Regular Council Meeting, with all members present.
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
City Manager Sandoval informed the Council that the azbor at Memorial Pazk was beyond repair,
and was scheduled For removal. He commented on the Free Resource and Energy Business
Evaluation Program that had resulted in significant energy savings for local businesses. He
stated that the Cash for Appliance Program had provided approximately $20,000 in savings to
residents.
11. MAYOR'S REPORTS
Mayor Cox reported that Mr. Jim Avery, representing San Diego Gas & Electric, received a
letter from the California Independent Service Operators with an update on the status of the
Sunrise Powerlink project.
12. COUNCILMEMBERS' COMMENTS
A. Councilmember Bensoussan: Ratification of appointment of Mitchell
Thompson to the Mobilehome Rent Review Commission.
ACTION: Councilmember Bensoussan moved to appoint Mitchell Thompson to the
Mobilehome Rent Review Commission. Deputy Mayor Ramirez seconded the
motion.
Derrick Roach, Chula Vista resident, spoke in opposition to the proposed appointment of Mr.
Thompson.
The motion carried 4-l, with Councilmember McCann voting no.
B. Councilmember Bensoussan: Consideration of adopting a resolution in
opposition to Proposition 23: California Jobs Initiative
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COUNCIL COMMENTS (Continued)
The following members of the public spoke in favor of Councilmember Bensoussan's proposal:
David Steel, Encinitas resident, representing the Green Chamber of Commerce, San Diego
Jose Medina, National City resident, Environmental Health Coalition
Lane Sharman, Solana Beach resident
Anne Tolch, La Mesa resident, representing Sustainability Alliance's American Lung
Association
Alexandra Hart, San Diego resident, representing IBEW 569
ACTION: Councilmember Bensoussan moved to adopt the proposed resolution, heading
read, text waived. Councilmember Castaneda seconded the motion.
City Attorney Miesfeld clarified that in accordance with the Brown Act and the City Municipal
Code, a single Councilmember may not place a resolution on an agenda for adoption, and
therefore the proposed resolution would need to be placed on the next Council agenda for formal
adoption by the City Council.
ACTION: Councilmember Bensoussan moved to amend the motion, to take a position in
opposition to Proposition 23, and to place the proposed resolution on the next
Council agenda. Councilmember Castaneda seconded the motion and it
carried 5-0.
Councilmember Bensoussan announced the upcoming Third Avenue Village Association's 2010
Lemon Festival on August 8, 2010. She also announced that a gazage sale was scheduled on July
30k, and July 31, 2010 at 429 Second Avenue, as a fundraiser for Learning Tools for Global
Schools.
C. Councilmember Castaneda: Consideration of placing a resolution on the
August 3, 2010 City Council agenda which supports AB1998 (Julia
Brownley, Santa Monica, 41 Dtstnct) prohibiting certain types of stores,
as defined, from providing asingle-use carryout bag to a customer.
Alicia Glassco, San Diego resident, representing San Diego Coastkeeper, spoke in support of
AB 1998 and adoption of a resolution.
Mayor Cox suggested outreach to the Chula Vista Chamber of Commerce for its support on the
matter.
ACTION: Councilmember Castaneda moved to take a position in support of AB 1998, and
to place the resolution on the next Council agenda for formal adoption by the
Council. Deputy Mayor Ramirez seconded the motion and it carried 5-0.
Councilmember McCann reminded the public about the Christmas in October event.
ADJOURNMENT
At 6:17 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on
August 3, 2010, at 4:00 p.m., m the Council Chambers.
-~ ~~ Lorraine Bennett, MC, Deputy Ctty C er
Page 6 - Counci] Minutes July 27, 2010