HomeMy WebLinkAboutcc min 2010/09/28MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 28, 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: Assistant City Manager Tulloch, City Attorney Miesfeld, City
Clerk Norris, and Sr. Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Dr. Lowell Billings, Superintendent, Chula Vista Elementary School District led the Pledge of
Allegiance.
SPECIAL ORDERS OF THE DAY
OATHS OF OFFICE
Chazles Sanfilippo, Board of Appeals & Advisors
Eugene Yee, International Friendship Commission
Jan Buddingh Jr., Pazks and Recreation Commission
City Clerk Noms administered the oath of office to Commissioners Charles San Filippo and Jan
Buddingh Jr., and Deputy Mayor Ramirez presented them each with a certificate of appointment.
Mr. Yee was not present at the meeting.
PRESENTATION OF A PROCLAMATION TO HONOR LEROY ACOSTA AS
CHULA VISTA VETERAN OF THE YEAR FOR 2010/2011
Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Mr. Acosta.
PRESENTATION OF A PROCLAMATION TO JOAN WYLLIE, FOUNDER OF NINE
GIRLS ASK?, PROCLAIMING SEPTEMBER 2010, AS OVARIAN CANCER
AWARENESS MONTH IN THE CITY OF CHULA VISTA
Mayor Cox read the proclamation and Councilmember McCann presented it to Mr. Wylie, who
accepted it on behalf of Mrs. Wylie.
PRESENTATION BY DR. LOWELL BILLINGS, SUPERINTENDENT, OF AN
UPDATE ON CHULA VISTA ELEMENTARY SCHOOL DISTRICT
Superintendent, Dr. Billings and Assistant District Superintendent, Dr. Nelson, presented an
update on the District's fiscal status, standards and assessments accountability, comparative data,
California Academic Performance Index, and student philanthropic participation.
Page 1 -Council Minutes September 28, 2010
SPECIAL ORDERS OF THE DAY (Continued)
• 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
Principal Planner Ponseggi presented an overview of key provisions of Senate Bill 375, which
included greenhouse gas tazgets for reducing passenger vehicle emissions, prepazation of a
sustainable community strategy to be included in the Regional Transportation Plan, and public
participation with the sustainable community strategy.
PRESENTATION OF A PROCLAMATION TO FIRE CHIEF DAVID HANNEMAN
AND DEPUTY FIRE CHIEF JUSTIN GIPSON, PROCLAIMING OCTOBER 3-9, 2010
AS FIRE PREVENTION WEEK IN THE CITY OF CHULA VISTA
Fire Chief Hanneman introduced Deputy Fire Chief Gipson who invited the public to the
Department's Annual Open House on October 2, 2010, from 10:00 a.m. to 2:00 p.m. at Fire
Station 4, located on 850 Paseo Ranchero. He provided safety tips for home fire prevention and
detection. Mayor Cox read the proclamation and Councilmember Castaneda presented it to
Chief Hanneman.
CONSENT CALENDAR
(Items 1-10)
Items 1 and 6 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. Councilmember Castaneda stated he would be
abstaining from voting on Item 6 out of an abundance of caution, due to potential property-
related conflict of interest. Item 10 was pulled from the Consent Calendaz at the request of staff.
This item was removed from the Consent Calendar.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Jan K. Buddingh, Jr., Boazd of Appeals & Advisors
Staff recommendation: Council accept the resignation.
ORDINANCE NO. 3164, 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)
Page 2 -Council Minutes September 28, 2010
CONSENT CALENDAR (Continued)
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 NO. 3165, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 3.41, 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.
5. RESOLUTION NO. 2010-234, 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 IN 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 yeaz 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 awazd was not
spent in fiscal yeaz 2009/2010. Adoption of the resolution approves for the spending of
the grant award in fiscal year 2010/201 L (Library Director)
Staff recommendation: Council adopt the resolution.
6. Item 6 was removed from the Consent Calendar.
Page 3 -Council Minutes September 28, 2010
CONSENT CALENDAR (Continued)
REPORT GIVING NOTICE OF INTENT TO AMEND THE CONFLICT OF
INTEREST CODE OF THE CITY OF CHULA VISTA; AND DIRECTING 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 aze 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 NO. 2010-236, 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 IN
OTAY RANCH VILLAGE 2 IN SATISFACTION OF THE CITY'S BALANCED
COMMUNITIES POLICY
Rosina Genpaz, 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 aze 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 NO. 2010-237, 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 DIRECTOR 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.
Page 4 -Council Minu[es September 28, 2010
CONSENT CALENDAR (Continued)
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
Attomey 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.
ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent
Calendaz Items 2 through 5, and 7 through 9, headings read, text waived.
Councilmember Castaneda seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. APPROVAL OF MINUTES of April 13, May 4, May 6 and May 11, 2010.
Staff recommendation: Council approve the minutes.
ACTION: Mayor Cox moved to approve the minutes. Councilmember Castaneda seconded
the motion, and it carried 4-0-1, with Councilmember McCann abstaining.
6. RESOLUTION NO. 2010-235, 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 REQUIRED)
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 comer 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.
ACTION: Mayor Cox moved to approve Resolution No. 2010-235, heading read, text
waived. Deputy Mayor Ramirez seconded the motion, and it carved 4-0-1, with
Councilmember Castaneda abstaining.
PUBLIC COMMENTS
Daniel Green, Chula Vista resident, spoke in favor of allowing medical mazijuana dispensaries in
the City.
Page 5 -Council Minutes September 28, 2010
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
Assistant City Manager Tulloch gave his best wishes to City Manager Sandoval and family on
the expected birth of his granddaughter.
12. MAYOR'S REPORTS
A. Ratification of appointment of Robert Ross to the Resource Conservation
Commission.
ACTION: Mayor Cox moved to appoint Mr. Ross to the Resource Conservation Commission.
Councilmember McCann seconded the motion, and it carried 5-0.
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.
ACTION: Mayor Cox moved to designate Councilmember Bensoussan as voting member for
the National League of Cities Annual Business Meeting and Mayor Cox as altemate.
Deputy Mayor Ramirez seconded the motion, and it carried 5-0.
Mayor Cox made the following announcements
• A solaz panel company would soon be locating to Chula Vista.
• Harbor Days -October 9 and 10'
• Beautify Chula Vista -October 16.
• Anew Fish and Game wildlife classroom was under construction at the Chula
Vista Nature Center.
Mayor Cox recognized and congratulated Councilmember Bensoussan upon receipt of the 2010
Local Elected Official Sustainability Awazd.
13. COUNCILMEMBERS' COMMENTS
Councilmember Bensoussan stated that she shazed credit for the ICLEA awazd with the City
Council, the Department of Conservation and Environmental Services, and the Climate Change
Working Group. She encouraged the community to attend the Climate Change Workshop on
October 7 at 4:00 p.m., in the Council Chambers.
Councilmember Castaneda stated that he attended the recent regional coastal clean-up effort and
thanked everyone who participated in the event. He also attended the South Chula Vista Library
Quinceanera celebration, and he congratulated Deputy Mayor Ramirez for organizing the Poetry
Slam at the event.
Page 6 -Council Minutes September 28, 2010
OTHER BUSINESS (Continued)
Councilmember McCann stated that he attended the recent Bonita Fest event, and he thanked
everyone who attended. He also congratulated the Third Avenue Village Association on its
Taste of Third Avenue event. He announced that information was available on the Beautify
Chula Vista event at www.beautifychulavista.org. He announced that Christmas in October was
scheduled for October 9, 2010, and to contact his office at for more information.
Deputy Ramirez commented on the success of the recent Quinceanera event at South Chula Vista
Library, and he thanked Library staff and his staff for their work with organizing the event. He
stated that the subject of his September Public Office Hours meeting was about good neighbor
policy that addressed issues such as parking and trash, and reported that the meeting was well
attended.
ADJOURNMENT
At 5:18 p.m., Mayor Cox adjourned the meeting to the next regular City Council meeting on
October 5, 2010, at 4:00 p.m., in the Council Chambers.
~ Lorraine Bennett, CMC, Sr. Deputy City Clerk
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