HomeMy WebLinkAboutcc min 2010/11/09MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 9, 2010
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06
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 Kansas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Retired Police Captain Leonard Miranda led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
PRESENTATION OF A PROCLAMATION BY POLICE CHIEF DAVID BEJARANO,
COMMENDING CAPTAIN LEONARD MIRANDA, UPON 30 YEARS OF SERVICE
TO THE CITY OF CHULA VISTA
Police Chief Bejarano introduced Captain Miranda. Mayor Cox then read the proclamation and
Councilmember McCann presented it to Captain Miranda.
• PRESENTATION OF A PROCLAMATION TO MARGARITA HOLGUIN, MEMBER
OF THE SOUTH BAY HOMELESS ADVOCACY COALITION, PROCLAIMING
NOVEMBER 14-20, 2010, AS NATIONAL HUNGER AND HOMELESSNESS
AWARENESS WEEK
Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Ms. Holguin.
• PRESENTATION BY ALEXANDRA VINSON AND STEPHANIE CHRISTMAN,
MEMBERS OF THE GREATER SAN DIEGO YOUNG PROFESSIONALS
NETWORK, OF A DONATION IN THE AMOUNT OF $10,000 TO THE CHULA
VISTA NATURE CENTER ACCEPTED BY JULIE SCHARDIN, CHULA VISTA
NATURE CENTER DIRECTOR OF DEVELOPMENT
Ms. Christman presented the $10,000 donation to Ms. Schardin, who accepted it on behalf of the
Chula Vista Nature Center.
Page 1 -Council Minutes November 9, 2010
CONSENT CALENDAR
(Items 1-11)
Item 2 was removed from the Consent Calendaz for separate consideration.
1. ORDINANCE NO. 3166, ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTIONS
8.25.020 DEFINITIONS AND 8.25.095 -CONSTRUCTION AND DEMOLITION
DEBRIS RECYCLING (SECOND READING AND ADOPTION)
On January 1, 2011, the California Green Building Code standards go into effect. As a
result, modifications need to be made to the some of the requirements in the Chula Vista
Municipal Code -Chapters 8.020 Definitions and 8.25.095 Construction and Demolition
Debris Recycling to conform to the California Green Building Code. This ordinance was
introduced November 2, 2010. (Director of Public Works)
Staff recommendation: Council adopt the ordinance.
2. Item 2 was removed from the Consent Calendar.
3. RESOLUTION NO. 2010-256, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2010/2011 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING AONE-TIME UNANTICIPATED
GRANT REVENUE IN THE AMOUNT OF $9,600 FOR THE CHULA VISTA
HERITAGE MUSEUM CENTENNIAL EXHIBIT AND PHOTOGRAPHY CONTEST
(4/STHS VOTE REQUIRED)
The Chula Vista Public Librazy received aone-time grant awazd from the County of San
Diego Community Enhancement Program in the amount of $9,600 for fiscal yeaz 2011
for the Centennial Exhibit and Photography Contest. (Librazy Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2010-257, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2010/2011 LIBRARY
BUDGET BY APPROPRIATING AONE-TIME GRANT AWARD IN THE AMOUNT
OF $20,000 FROM THE CALIFORNIA STATE LIBRARY -LIBRARY SERVICES
AND TECHNOLOGY ACT FOR THE OUT-OF-SCHOOL-TIME ONLINE
HOMEWORK HELP PROGRAM (4/STHS VOTE REQUIRED)
The Chula Vista Public Library received aone-time grant award from the California State
Librazy -Library Services and Technology Act in the amount of $20,000, which will be
used to pay for aone-year subscription of tutor.com online homework help. (Library
Director)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Minutes November 9, 2010
CONSENT CALENDAR (Continued)
5. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF
THE CHULA VISTA MUNICIPAL CODE, ADMINISTRATIVE PROVISIONS FOR
THE TECHNICAL BUILDING CODES (FIRST READING)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
BUILDING CODE, 2010 EDITION (FIRST READING)
C. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.09 TO THE
CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
RESIDENTIAL CODE, 2010 EDITION (FIRST READING)
D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
REFERENCED STANDARDS CODE, 2010 EDITION (FIRST READING)
E. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12,
GREEN BUILDING STANDARDS, OF THE CHULA VISTA MUNICIPAL CODE
(FIRST READING)
F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
MECHANICAL CODE, 20] 0 EDITION (FIRST READING)
G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
ELECTRICAL CODE, 2010 EDITION (FIRST READING)
H. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
PLUMBING CODE, 2010 EDITION (FIRST READING)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE
CODE, 2010 EDITION (FIRST READING)
The California Building Standards Commission has mandated that jurisdictions within
the State start enforcing the 2010 editions of the California building codes on January 1,
2011. The adoption of California building codes is a routine action undertaken by the
City in response to newly adopted State building codes. Adoption of the ordinances
allows the City to incorporate appropriate local amendments into the enforcement
program. (Assistant City Manager/Development Services Director and Fire Chief)
Staff recommendation: Council place the ordinances on first reading.
Page 3 -Council Minutes November 9, 2010
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2010-258, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA (1) AUTHORIZING THE CITY MANAGER TO
APPROPRIATE $1,470,000 IN NEIGHBORHOOD STABILIZATION PROGRAM
FUNDS AND $452,936 IN HOME INVESTMENT PARTNERSHIP FUNDS FOR
USES PREVIOUSLY APPROVED BY THE CITY COUNCIL; (2) AUTHORIZING
THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE MARCH
24, 2010 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
COMMUNITY HOUSINGWORKS FOR THE MANAGEMENT AND
IMPLEMENTATION OF A NEIGHBORHOOD STABILIZATION PROGRAM; AND
(3) AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT
TO THE AGREEMENT BETWEEN THE CITY AND COMMUNITY
HOUSINGWORKS FOR THE FIRST TIME HOME BUYER ASSISTANCE
PROGRAM (4/STHS VOTE REQUIRED)
Adoption of the resolution addresses some necessary administrative actions relating to
the City's First Time Home buyer Programs. The City needs to appropriate
Neighborhood Stabilization Program and HOME Investment Partnership Program funds
to first time home buyer activities as well as amend the contract with Community
HousingWorks, clarifying the programmatic use of HOME funds for home buyer
assistance activities, to allow home buyers to use part of the loan assistance amount for
rehabilitation when purchasing bank-owned properties. And increase the contract amount
for the Management and Implementation of a Neighborhood Stabilization Program.
(Assistant City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2010-259, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A REPORT ON A FEASIBILITY STUDY TO
CLOSE A SEGMENT OF PROCTOR VALLEY ROAD TO MOTORIZED VEHICLES
FROM SAN MIGUEL RANCH ROAD TO EAST OF SR-125
The County of San Diego initiated a feasibility study to close a segment of Proctor Valley
Road from San Miguel Ranch Road to east of SR-125 to motorized traffic. Adoption of
the resolution accepts the study. (Assistant City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2010-260, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "CASTLE PARK STORM WATER TREATMENT (STL306A) IN THE
CITY OF CHULA VISTA" PROJECT TO NEW CENTURY CONSTRUCTION IN
THE AMOUNT OF $138,700, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT
Page 4 -Council Minutes November 9, 2010
CONSENT CALENDAR (Continued)
On September 29, 2010, the Director of Public Works received sealed bids for this
project. The work to be done consists of the installation of Modulaz Wetland Systems
bio-filtration units at the intersections of Second Avenue and Palomar Street, Fifth
Avenue and Naples Street, and Fifth Avenue and Emerson Street. Adoption of the
resolution awards the contract to New Century Construction 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.
9. RESOLUTION NO. 2010-261, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTIONS OF E
STREET/BAY BOULEVARD AND H STREET/BAY BOULEVARD (CIP NO.
TF369)" PROJECT TO HMS CONSTRUCTION, INC., IN THE AMOUNT OF $59,900
On October 13, 2010, the Director of Public Works received sealed bids for this project.
This is part of the Bicycle Transportation Account Grant-Three Part Bicycle Facilities
Improvement project, to replace inductive loop system with a new video detection
camera at these intersections. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2010-262, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLICY GOVERNING
THE COMMERCIAL USE OF THE LAUDERBACH COMMUNITY CENTER
City staff has been working for several months to re-open the Lauderbach Park
Community Center. With the help of our Custodial and Parks personnel the Center is
now in a usable condition after a long period of vacancy. However, given the current
economic climate, funding the operation and maintenance of this facility is problematic.
Staff is endeavoring to establish aprivate-public partnership that fulfills a community
need for banquet facilities in the Southwest while at the same time generating sufficient
revenue to maintain, improve, and operate the facility. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ll. RESOLUTION NO. 2010-263, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND RICK ENGINEERING TEAM FOR PREPARING
ENGINEERING DESIGN AND ENVIRONMENTAL REVIEW SERVICES FOR
CAPITAL IMPROVEMENT PROJECT "BONITA CANYON REPAIRS" (DR189)
Page 5 -Council Minutes November 9, 2010
CONSENT CALENDAR (Continued)
On August 17, 2010, the City Council established a new capital improvement project for
the Bonita Canyon Repairs, amended the Fiscal Year 2010/2011 CIP Program approving
funds, and authorized staff to negotiate a contract with Rick Engineering Company as the
lead consultant and Helix Environmental Planning Inc. as asub-consultant (Rick
Engineering Team). (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent
Calendaz Items 1 and 3 through 11, headings read, text waived. Councilmember
McCann seconded the motion, and it carved 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. RESOLUTION NO. 2010-255, RESOLUTON OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE CLOSURE OF SOUTHBOUND LANES
OF EASTLAKE PARKWAY FROM KESTRAL FALLS TO BIRCH ROAD, AND
PARTIAL WESTBOUND LANES OF BIRCH ROAD FROM EASTLAKE PARKWAY
FOR THE OTAY RANCH TOWN CENTER BAND REVIEW AND COMMUNITY
FESTIVAL FROM 6 A.M. TO 7 P.M. ON SATURDAY, NOVEMBER 13, 2010 AND
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
PARADE BAND FOUNDATION, INC. FOR THE EVENT
Pazade Band Foundation, Inc. has requested permission for the temporary street closures
to conduct the Otay Ranch Town Center Band Review and Community Festival.
(Communications Coordinator)
Chazles Wolf, Director, Pazade Band Foundations, Inc., spoke about the upcoming band review
event on November 13, beginning at 10:00 a.m. at the Otay Ranch Town Center.
ACTION: Mayor Cox moved to adopt Resolution No. 2010-255, heading read, text waived.
Councilmember Bensoussan seconded the motion, and it carried 5-0.
PUBLIC COMMENTS
The following members of the public spoke in support of the Park Ranger program:
Mazk Twohey, Chula Vista resident, representing Chula Vista Youth Sports Council
• Rod Roberto, Chula Vista resident, representing Pazkview Little League
• Arturo Torres, Chula Vista resident, representing Sports Youth Council. Mr. Torres also
asked the Council to adopt an ordinance to prohibit use of the ball fields by outside
organizations.
Page 6 -Council Minutes November 9, 2010
PUBLIC COMMENTS (Continued)
Daniel Green, Chula Vista resident, spoke in favor of allowing him to open a medical marijuana
dispensary in the City.
Alexandra Nell, Chula Vista resident, spoke in favor of adding bicycle lanes west of I-805, and
stated there was a need for bicycle racks at librazies and storefronts. Mayor Cox suggested Ms.
Nell provide contact information to staff should she wish to be contacted when these matters are
considered.
PUBLIC HEARINGS
12. CONSIDERATION OF WAIVING MATHEMATICAL IRREGULARITIES IN THE
BID RECEIVED FOR THE "ROBINHOOD RANCH UNIT II, SEWER PUMP
STATION IMPROVEMENTS - PHASE II (SW256A)," PER CITY CHARTER
SECTION 1009
On September 29, 2010, the Director of Public Works received sealed bids for this
project. The work to be done consists of the removal and disposal of existing
improvements, installation of storm drain pipes and structures, sidewalk, driveway,
concrete slab, and retaining walls. Adoption of the resolution waives a minor clerical
error that resulted in a lower total bid, awazds the contract to TED Enterprises, Inc, and
authorizes the expenditure of available funds, as needed, to complete the work in
accordance with City standards. (Director of Public Works)
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.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Councilmember McCann moved to adopt the following Resolution No. 2010-264,
heading read, text waived:
RESOLUTION NO. 2010-264, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING MATHEMATICAL
IRREGULARITIES, ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "ROBINHOOD RANCH UNIT II, SEWER PUMP STATION
IMPROVEMENTS - PHASE II (SW256A)" TO TED ENTERPRISES, INC., IN
THE AMOUNT OF $85,235; AUTHORIZING AN INTER-PROJECT
TRANSFER IN THE AMOUNT OF $100,000 FROM EXISTING PROJECT
DR180 TO SW256A; APPROPRIATING $15,000 FROM THE SEWER
REPLACEMENT FACILITIES AVAILABLE FUND BALANCE TO SW256A;
AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS
IN THE PROJECT (4/STHS VOTE REQUIRED)
Deputy Mayor Ramirez seconded the motion and it carried 5-0.
Page 7 -Council Minutes November 9, 2010
PUBLIC HEARINGS (Continued)
13. CONSIDERATION OF THE 2009/2010 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT AND AMENDMENT OF THE 2010/2011
ANNUAL ACTION PLAN
The purpose of the public heazing is to present the year-end (2009/2010) Consolidated
Annual Performance and Evaluation Report (CAPER) for the City's HUD grant
programs, which include Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME) and Emergency Shelter Grant (ESG), and to solicit
public input on funding priorities for the coming grant year (2011/2012). Adoption of the
resolution amends the 2010/2011 Action Plan to reallocate unencumbered or unexpended
CDBG funds. (Assistant City Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Assistant City Manager/Development Services Director Halbert introduced Redevelopment and
Housing Manager Mills and Project Coordinator Dorado. Staffinember Mills provided an
overview of the Housing and Urban Development grant programs. Staffinember Dorado
provided information about the prior yeaz grant funds, and anticipated grant funds and priorities
for the upcoming yeaz.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
Discussion ensued between regazding opportunities for fund allocations for services at the
Norman Park Senior Center.
ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-265,
heading read, text waived:
RESOLUTION NO. 2010-265, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2010/2011
AMENDED HUD ANNUAL ACTION PLAN TO REPROGRAM $289,351 OF
PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
ENTITLEMENT FUNDS
Councilmember Bensoussan seconded the motion, and it carried 5-0.
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
City Manager Sandoval announced structural changes in City Departments in line with the
implementation of the City's Fiscal Health Plan to achieve efficiencies and ways to generate
revenues. To that end, he stated that Conservation Coordinator Meacham would be running the
City's Economic Development; Economic Development Manager Stone would be focusing on
the University and Bayfront projects; and Environmental Resource Manager Reed would be
working on the Climate Change program. He announced that the Council Meeting of November
16, 2010 was cancelled.
Page 8 -Council Minutes November 9, 2010
OTHER BUSINESS (Continued)
15. MAYOR'S REPORTS
Mayor Cox referenced a memorandum on the dais dated November 8, 2010, from Public Works
Director Hopkins, regarding reduced holiday lighting in the City, due to budget constraints, and
she suggested that anyone interested in underwriting holiday decorations contact the Office of
the Mayor.
16. COUNCILMEMBERS' COMMENTS
Councilmember McCann hoped all would honor Veterans Day on November 11, 2010.
ADJOURNMENT
At 5:19 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on
November 23, 2010, at 4:00 p.m., in the Council Chambers.
~~~~~
Donna R. Norris, CMC, City Clerk
Page 9 -Council Minutes November 9, 2010