HomeMy WebLinkAboutcc min 2010/09/14MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CTTY OF CHULA VISTA
September 14, 2010
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:07
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Bensoussan (arrived at 4:08 p.m.), Castaneda,
McCann, Ramirez, and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Noms, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
INTRODUCTION BY FIRE CHIEF DAVID HANNEMAN, OF EMPLOYEE OF THE
MONTH JOHN DAVIDSON, FIRE BATTALION CHIEF
Chief Hanneman introduced Battalion Chief John Davidson. Mayor Cox read the proclamation
and Councilmember Castaneda presented it to Battalion Chief Davidson.
• PRESENTATION BY LYNN FRANCE, ENVIRONMENTAL SERVICES
MANAGER, ON BEAUTIFY CHULA VISTA DAY, OCTOBER 16, 2010 AT OTAY
RECREATION CENTER
Environmental Services Manager France presented information about the upcoming Beautify
Chula Vista Day on October 16, 2010.
PRESENTATION OF APPRECIATION TO THE MAYOR & CITY COUNCIL BY
VETERANS HOME OF CALIFORNIA -CHULA VISTA ADMINISTRATOR NEAL
ASPER AND VETERANS HOME RESIDENTS
Neal Asper, along with Chula Vista World War II Veterans of the Chula Vista Veterans Home,
expressed appreciation and presented the Council with a card for its support of veterans and the
Spirit of `45 event held August 14, 2010, and Councilmember McCann accepted the card on
behalf of the Council.
Page 1 -Council Minutes September 14, 2010
CONSENT CALENDAR
(Items 1-17)
Items 1 and 7 were removed from the Consent Calendaz for sepazate consideration.
Councilmember McCann stated that he would be abstaining from voting on Item 1, due to his
absence from the meeting while on military duty. Item 7 was removed at the request of staff.
1. Item 1 was removed from the Consent Calendaz.
2. ORDINANCE NO. 3163, ORDINANCE OF THE CITY OF CHULA VISTA
MODIFYING THE FEE DEFERRAL PROGRAM (SECOND READING AND
ADOPTION)
The proposed ordinance provides for the payment of City fees prior to a building permit
receiving final inspection. Previously, these fees were deferred with an agreement. The
proposed ordinance provides for the effective deferral while providing safeguazds for the
City to receive all fees without an agreement. This ordinance was introduced August 17,
2010. (Assistant City Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
3. INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2010
The quarterly Investment Report provides information on various cash balances,
investment transactions and the status of the pooled investment portfolio in accordance
with California Government Code section 53600 et seg. and the City of Chula Vista
Investment Policy. (Director of Finance)
Staff recommendation: Council accept the report.
4. RESOLUTION NO. 2010-219, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING EXAMINATION OF SALES, USE AND
TRANSACTIONS TAX RECORDS BY HINDERLITER DE LLAMAS AND
ASSOCIATES
The City recently entered into an agreement with Hinderliter de Llamas and Associates
(HDL) for sales and use tax services which includes the auditing of the State Board of
Equalization sales tax records. This resolution, required by Section 7056 of the
California Revenue and Taxation Code, authorizes HDL to perform such audits.
(Director of Finance)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Minutes September 14, 2010
CONSENT CALENDAR (Continued)
5. A. RESOLUTION NO. 2010-220, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A CITY COUNCIL POLICY ON TRAVEL
AND CONFERENCES/TRAINING
B. RESOLUTION NO. 2010-221, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING CITY COUNCIL POLICY 120-01 USE OF
CITY VEHICLES AND MILEAGE REIMBURSEMENT FOR USE OF PRIVATE
VEHICLES
As part of the City's Fiscal Health Plan, the Finance Department will conduct a complete
review of all fiscal policies to identify areas in the City's internal controls that could be
further strengthened with written policies. Staff will continue to review City policies to
ensure continued relevance and to identify any shortfalls in fiscal accountability that
should be addressed with new policies. As the review progresses, staff will periodically
bring forwazd for Council consideration, new policies, and if need be, amendments to
existing policies as necessary. (Director of Finance)
Staff recommendation Council adopt the resolutions.
6. RESOLUTION NO. 2010-222, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $25,000 FROM THE U.S. DEPARTMENT OF
HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE
FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE
(4/STHS VOTE REQUIRED)
Urban Area Security Initiative (UASI) funds address the unique equipment, training,
planning and exercise needs of large, high-threat urban areas and assist them in building
an enhanced and sustainable capacity to prevent, protect against, respond to, and recover
from acts of terrorism. The City of San Diego Office of Homeland Security, who
manages UASI funds for the region, has authorized the Fire Department to use Fiscal
Year 2008 UASI funds for a regional mapping project. (Fire Chief)
Staff recommendation: Council adopt the resolution.
Item 7 was removed from the Consent Calendaz.
8. RESOLUTION NO. 2010-223, RESLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DELEGATING AUTHORITY TO THE CITY MANAGER TO
ACT ON THE CITY'S BEHALF IN MATTERS RELATING TO THE CITY AND THE
CSAC EXCESS INSURANCE AUTHORITY
The City's excess workers' compensation insurance pool and CSAC Excess Insurance
Authority (EIA), has determined that it is necessary for each member of the Authority to
delegate to a person(s) or position(s) authority to act on the member's behalf in matters
relating to the member and the Authority, except for those actions that must be approved
by the member's governing body. Adoption of the resolution delegates that authority to
the City Manager. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
Page 3 -Council Minutes September 14, 2010
CONSENT CALENDAR (Continued)
9. RESOLUTION NO. 2010-224, RESOLUTOIN OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE CITY OF
CHULA VISTA AND LAND OWNERS IN OTAY RANCH VILLAGE 2 IN
SATISFACTION OF THE CITY'S BALANCED COMMUNITIES POLICY
The City's Balanced Communities Policy requires all new development over 50 units to
provide 10% of their total units affordable to low and moderate income households. The
Affordable Housing agreement documents this obligation and is recorded against all
property within Otay Ranch Village 2. As there aze multiple land owners within Village
2, each pazcel owner will satisfy their own requirement. (Assistant City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
10. A. RESOLUTION NO. 2010-225, RESOLUTOIN OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE GRANT-
FUNDED UNCLASSIFIED POSITION TO THE AUTHORIZED POSITION COUNT
FOR THE OFFICE OF THE MAYOR, AMENDING THE COMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF A
CHIEF SERVICE OFFICER, AND AMENDING THE FISCAL YEAR 2010/2011
PERSONNEL SERVICES BUDGET FOR THE CITY COUNCIL DEPARTMENT BY
APPROPRIATING $86,340 FROM GRANT FUNDS (4/STHS VOTE REQUIRED)
B. 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
(FIRST READING) (4/STHS VOTE REQUIRED)
The Mayor's Office requests the addition of one new position, Chief Service Officer
(iJnclassified) 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. (Mayor and Council)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
Page 4 -Council Minutes September 14, 2010
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2010-226, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $269,574 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY AND APPROPRIATING $205,580 TO THE POLICE GRANT
FUND FOR THE DUI ENFORCEMENT AND AWARENESS PROGRAM (4/STHS
VOTE REQUIRED)
The California Office of Traffic Safety has awazded $269,574 to the Police Department
to continue the DUI Enforcement and Awareness Program. The goal of the DUI
Enforcement and Awazeness Program is to reduce the persons killed and injured in
alcohol-involved crashes. (Police Chief)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2010-227, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $486,539 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY AND APPROPRIATING $366,505 TO THE POLICE GRANT
FUND FOR THE DUI PROSECUTION AND AWARENESS PROGRAM (4/STHS
VOTE REQUIRED)
The Police Department has been awarded grant funding from the California Office of
Traffic Safety to continue a successful program focused on the vertical prosecution of
traffic related cases including DUI offenders, hit and run collisions and injury/fatal
collisions. This program involves a regional collaboration of local agencies conducting
DUI/driver license checkpoints and saturation patrols, which is the goal of reducing the
number ofalcohol-involved collisions in the South Bay region. (Police Chief)
Staff recommendation: Council adopt the resolution.
13. A. RESOLUTION NO. 2010-228, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS
AND AUTHORIZING THE POLICE DEPARTMENT TO CONTRACT WITH
AMERICAN EMERGENCY PRODUCTS FOR POLICE VEHICLE OUTFITTING
SERVICES
B. RESOLUTION NO. 2010-229, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT AND UTILIZE LOS ANGELES COUNTY BID PO DPO-
SH36508203-1 TO PURCHASE POLICE PATROL VEHICLES
The Chula Vista Police Department requests to continue utilizing American Emergency
Products to provide vehicle outfitting services for the entire police department fleet and
purchase patrol vehicles on a Los Angeles County bid from Bob Wondries Ford. (Police
Chief)
Staff recommendation: Council adopt the resolutions.
Page 5 - Counci] Minutes September 14, 2010
CONSENT CALENDAR (Continued)
14. RESOLUTION NO. 2010-230, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $90,000 FROM THE AVAILABLE
BALANCE OF THE ASSET SEIZURE FUND FOR POLICE EQUIPMENT (4/STHS
VOTE REQUIRED)
Adoption of the resolution appropriates funds to purchase a new walk-in freezer for
Property and Evidence storage. (Police Chief)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION NO. 2010-231, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO
UNDERGROUND ELECTRICAL TRANSMISSION AND DISTRIBUTION LINES
ALONG PLAZA BONITA ROAD FROM THE NORTH CITY LIMITS TO THE
SOUTHWEST CORNER OF BONITA ROAD AND SETTING A PUBLIC HEARING
FOR OCTOBER 12, 2010
The County of San Diego wishes to underground the overhead electrical transmission
lines along Plaza Bonita Road using their undergrounding funds. However,
approximately 20001ineaz feet of overhead lines aze within the City of Chula Vista. The
City must therefore form a utility undergrounding district for the project to be completed.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
16. RESOLUTION NO. 2010-232, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $77,694 IN UNEXPENDED
REVENUES FROM THE CALIFORNIA DEPARTMENT OF RESOURCE
RECYCLING AND RECOVERY (CAL-RECYCLE) USED OIL RECYCLING BLOCK
GRANT PROGRAM FOR THE 15TH CYCLE AND AMENDING THE FISCAL
YEAR 2010/2011 WASTE MANAGEMENT AND RECYCLING BUDGET (4/STHS
VOTE REQUIRED)
Chula Vista is the lead agency for a South and East County Regional Used Oil/Filters
Recycling Program comprised of seven cities: Chula Vista, Imperial Beach, National
City, Lemon Grove, La Mesa, EI Cajon and Santee. This regional program was awazded
$77,694 in last fiscal year and staff is requesting to carry forward the unexpended balance
to the fiscal year 2010/2011 budget of the Waste Management and Recycling Budget.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 6 -Council Minutes September 14, 2010
CONSENT CALENDAR (Continued)
17. RESOLUTION NO. 2010-233, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING A THREE PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, PMC, INC., AND OTAY LAND
COMPANY, LLC FOR CONSULTANT SERVICES RELATED TO PREPARATION
OF PUBLIC FACILITIES FINANCING PLANS AND FISCAL IMPACT ANALYSES
ASSOCIATED WITH THE OTAY RANCH VILLAGES EIGHT WEST AND NINE
SECTIONAL PLANNING AREA (SPA) PLANS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
In April 2008, the City approved a land offer agreement with the Otay Land Company
laying out particulaz processing considerations for their Village 8 West and Village 9
projects. The applicant has filed Sectional Planning Area Plans and Tentative Map
applications for Village 8 West and Village 9. Adoption of the resolution approves a
three-party contract for prepazation of the necessary Public Facilities Financing Plans and
Fiscal Impact Analyses for both villages. (Assistant 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 2 through 6, and 8 through 17, headings read, text waived.
Councilmember Castaneda seconded the motion, and it carved 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
APPROVAL OF MINUTES of March 23, and April 1, 2010.
Staff recommendation: Council approve the minutes.
ACTION: Mayor Cox moved to approve the minutes. Councilmember Castaneda seconded
the motion and it carved 4-0-1, with Councilmember McCann abstaining.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
SETTING THE SALARY OF THE ELECTED CITY ATTORNEY
Item 7 was removed from the Consent Calendaz at the request of staff. The item was not
discussed, and no action was taken.
PUBLIC COMMENTS
Jack Blakely and Mazk Martensen, Chula Vista residents, suggested construction of a hall of
fame recognition wall, recognizing the Parkview Little League World Series baseball champions.
Mr. Blakely suggested that the wall be placed at Third Avenue and Park Way, and stated that the
project would be privately funded. Mark Martensen then presented the proposed design.
The Council referred the matter to the City Manager to provide a point of contact for anyone
interested in proposing projects to recognize the Little League champions.
Page 7 -Council Minutes September 14, 2010
PUBLIC COMMENTS (Continued)
Daniel Green, Chula Vista resident, spoke in support of allowing medical mazijuana dispensaries
in the City.
Donatella Lopez, Chula Vista resident, spoke about progress being made in the community
regarding pazk clean-up campaigns. She commented on the recent success of a clean-up events in
Lauderbach Pazk and Friendship Park.
Mariaelena Aguilar, Chula Vista resident, thanked everyone involved in the recent park clean-up
event, and she invited the community to participate in a Picnic Day and clean-up event at
Memorial Park on September 18, 2010.
Natalie McKenna, San Diego resident, representing the National Conflict Resolution Center,
described the services and trainings offered by the organization. She extended an offer to the
community for conflict resolution training at no cost.
Willard Howard, Chula Vista resident, commented on the role of the Mayor and
Councilmembers with regard to supporting or opposing issues. He spoke in opposition to the
Council making decisions on a proposed sales tax based on potential revenue; he stated decisions
should be made based on potential community benefit.
Item 20A was taken out of order and addressed at this time.
20. MAYOR'S REPORTS
A. Update from Port Commissioner Stephen Padilla.
Port Commissioner Padilla presented updates from the Port Commission regarding the L-Ditch
Remediation Project; SB 1039 and Senator Ducheny's request for a Port District Ad Hoc
Committee, to which Commissioner Padilla was appointed; H Street Extension Project;
anticipated timelines for the Chula Vista Bayfront Master Plan; Chula Vista Wildfire Reserve
Restoration & Enhancement Project; and the dismantling of the South Bay Power Plant.
Ben Vallejos, San Diego resident, representing the Chula Vista Nature Center, announced that
the Port would be sponsoring the Animals of the Bay Day at the Chula Vista Nature Center, on
September 18th and 19th, and the event would be free to the public. He stated that the Nature
Center looked forward to working with the City and Port on ways to sustain the Nature Center,
and to be included in the master plan process.
Discussion ensued in response to the updates by Port Commissioner Padilla.
Page 8 -Council Minutes September 14, 20 ] 0
PUBLIC HEARINGS
18. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE
SECTION 3.41.030(B) -REGISTRATION OF TRANSIENTS AT HOTELS AND
MOTELS
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. (City Attorney)
Notice of the hearing was given in accordance with legal requirements, and the heazing was held
on the date and at the time specified in the notice.
Deputy City Attorney Hawkins introduced the item.
Police Chief Bejazano spoke in support of the proposed amendment and stated that it would not
affect efforts by the Department to maintain a safe motel environment in the City.
Mayor Cox opened the public hearing.
Willard Howazd, Chula Vista resident, spoke in opposition to the proposed amendment.
Lisa Cohen, Chula Vista resident, representing the Chamber of Commerce, spoke in support of
the proposed amendment.
There being no further members of the public who wished, to speak, Mayor Cox closed the
public hearing.
ACTION: Councilmember Castaneda moved to place the following ordinance on first
reading, heading read, text waived:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
3.41, SECTION 3.41.030, SUBSECTION B OF THE CHULA VISTA
MUNICIPAL CODE (FIRST READING)
Councilmember Bensoussan seconded the motion, and it carried 5-0.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
City Manager Sandoval stated, with Council consensus, that the September 21, 2010 Regular
Council meeting would be cancelled due to a lack of items.
Page 9 - Counci] Minutes September 14, 2010
OTHER BUSINESS (Continued)
20. MAYOR'S REPORTS
A. Update from Port Commissioner, Stephen Padilla.
This item was addressed prior to Item 18.
B. Ratification of the re-appointment of Alan Miles Mellor to the Youth Action
Council.
ACTION: Mayor Cox moved to re-appoint Miles Mellor to the Youth Action Council.
Councilmember McCann seconded the motion, and it carried 5-0.
C. Ratification of appointments to the following boards and commissions:
Boazd of Appeals & Advisors - Chazles Sanfilippo
Boazd of Librazy Trustees - Shauna Stokes
International Friendship Commission - Ofelia Gutierrez and Eugene Yee
Cultural Arts Commission - Anitza Rodriguez
ACTION: Mayor Cox moved to ratifiy the appointments of the Board Members and
Commissioners. Councilmember McCann seconded the motion, and it carried
5-0.
21. COUNCILMEMBERS' COMMENTS
Councilmember McCann thanked Public Works Director Hopkins and Recreation Director
Martin for their work with the recent opening of the San Miguel Park. He stated that he
participated in the 9/11 ceremony at Fire Station 7, and thanked Fire Chief Hanneman and Police
Chief Bejarano for their participation. He stated that next year was the 10th anniversary of the
9/11 terrorist attacks on the United States, and suggested that the Police and Fire Departments
work together with the Veterans Home to hold a dedication for victims of the attacks. He asked
that the meeting be adjourned in memory of the victims of 9/11.
Councilmember Castaneda congratulated the Otay Ranch Elementary School faculty, students,
and pazents on the 2010 National Blue Ribbon School award that singles out schools that have
shown significant progress in closing the achievement gap for students. He received a request
from First Lady Obama, requesting that the City sign up for the "Let's Move" Campaign that
would make the City eligible for grants for projects for healthy lifestyles for youth in the
community. He recognized and congratulated Fire Captain John McClintock on his awazds
received at the recent Canadian/American Police/Fire games. He invited the community to
participate in the Memorial Pazk clean-up event on September 18, 2010.
Councilmember Bensoussan announced the upcoming Taste of the Arts event on September 23,
20]0, from 4:00 p.m. to 8:00 p.m. She reminded the public of the upcoming Hazbor Days Event
and announced that the event would include an art show, and stated that anyone interested in
submitting artwork could contact the City Council Office or Centennial Office.
Page 10 -Council Minutes September 14, 20]0
ADJOURNMENT
At 6:01 p.m., Mayor Cox adjourned the meeting in memory of the victims of the September 11,
2001 terrorist attacks, to the next Regular City Council Meeting on September 21, 2010, at 4:00
p.m., in the Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
Page 11 -Council Minutes September 14, 2010