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HomeMy WebLinkAbout2009/06/16 Item 1 ~- DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 17, 2009 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, Califomia. 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 SPECIAL ORDERS OF THE DAY PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BRAD REMP, ASSISTANT DIRECTOR OF PLANNING & BUILDING/BUILDING OFFICIAL, FOR HIS RETIREMENT AFTER 19 YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA City Manager Sandoval recognized and commended Mr. Remp on his 18 years of service to the City. Mayor Cox then read the proclamation and City Manager Sandoval presented it to Brad. Mr. Remp thanked the many dedicated staff he had worked with, and also thanked the City Manager and Council, both current and prior, for giving him the opportunity to participate in many regional and State activities. Mayor Cox announced that the following presentation would be added to the agcnda: . PRESENTATION BY TANYA ROV1RA-OSTERWALDER, PROJECT MANAGER FOR HEALTHY EATING ACTIVE COMMUNITIES (HEAC), OF A COMMUNITY LEADERSHIP AWARD FROM "WALK SAN DlEGO" TO CASTLE PARK HIGH STUDENTS, GERRY GARCIA AND RUDY GUTIERREZ, AND SOUTHWESTERN COLLEGE STUDENT, DANIEL RIOS Tanya Rovira Osterwalder. Project Manager with HEAC, introduced and congratulated Gerry Garcia, Rudy Gutierrez and Daniel Rios for receiving the leadership award from "Walk San Diego", for their work on an assessment for park improvements in Lauderbach Park. She then presented the students with the award. Page] - Council Minutes February 17, 2009 III ../ DRAFT . SPECIAL ORDERS OF THE DAY (Continued) PRESENTAT]ON BY JOHN TESSITORE, CHAIRPERSON, AND KATE GOOGINS, VICE CHAIRPERSON. OF THE YOUTH ACTION COUNCIL ON ITS "THEATRE SLAM" EVENT, SATURDAY, FEBRUARY 28, 2009 FROM 6:00 P.M. TO 9:00 P.M. AT THE CIVIC CENTER LIBRARY Youth Action Council Members Tessitore and Googins spoke about the work of the Youth Action Council, and provided inforn1ation regarding the Theatre Slam event, scheduled for Saturday, February 28, 2009, from 6:00 p.m. to 9:00 p.m., at the Civic Center Library the event. CONSENT CALENDAR (Items] -6) I. WRITTEN COMMUNICATIONS LeUer of resignation from Susan O'Shaughnessy, member of the Cultural Arts Commission. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 2. ORDINANCE NO. 3]25, ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.05 TO THE CHULA VISTA MUNICIPAL CODE, ESTABLISHING THE CHULA VISTA AUTO PARK BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF ]989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND PROMOTING THE AREA (SECOND READING AND ADOPTION) Adoption of the ordinance establishes the Chula Vista Auto Park Business Improvement District, which will provide a self-funding mechanism to allow for the promotion and marketing of the automobile dealers within the auto park. This ordinance was introduced on February] 0, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. 3. A. RESOLUTION NO. 2009-033, RESOLUT]ON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES B. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31,2008 Per California Government Code Section 53646, the City Treasurer may annually present the City's Investment Policy to the City Council to reaffirm or make any changes to the existing policy. The Investment Policy provides guidelines to ensure management of idle cash, and state law requires that it be adopted by resolution on an annual basis. The Quarterly Investment Report provides information on various cash balances, investment transactions and the status of the pooled investment portfolio in accordance with the Government Code and the Council Investment Policy (Finance Director) Staff recommendation: Council adopt the resolution and accept the report. Page 2 - Council Minmcs February t7. 2009 IA ;~ . DRAFT CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2009-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "GLENHA VEN WAY IMPROVEMENTS BETWEEN FIRST A VENUE AND AMY STREET IN THE CITY OF CHULA VISTA (CIP NO. STL-304)" PROJECT TO HILLCREST CONTRACTING IN THE AMOUNT OF $516,812.25, AND APPROVING A BUDGET TRANSFER FROM EXISTING SOUTHWESTERN CHULA VISTA STREET IMPROVEMENTS PROJECT (STL-306) TO CIP NO. STL- 304 FOR SAID PURPOSE AND AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE PROJECT On January 21, 2009, the Director of Public Works received sealed bids for the project. The work to be done consists of the sidewalk improvements and related street work along Glenhaven Way between First Avenue and Amy Street. The work also includes alllaboL material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the project. (Public Works Director) Staff recommendation: Council adopt the resolution. 5A RESOLUTION NO. 2009-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADMINISTERING AGENCY - STATE MASTER AGREEMENT FOR FEDERAL AID PROJECTS, NO. I 1-5203R BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT, THE PROGRAM SUPPLEMENT AND ALL FUTURE PROGRAM SUPPLEMENTS TO SAID AGREEMENT B. RESOLUTION NO. 2009-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADMINISTERING AGENCY - STATE MASTER AGREEMENT FOR STATE AID PROJECTS, NO. 00223S BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT Prior to the receipt of Federal or State funds for any local Federal or State Aid project, the City and the State are required to enter into master agreements relative to prosecution of said projects and maintenance of the completed facilities. The previous master agreement for Federal Aid Projects and State Aid Projects were approved in 1978 and 2003 respectively. (Public Works Director) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes February 17,2009 /1}--3 DRAFT CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2009-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "STREET LIGHT INSTALLATION ALONG FOURTH AVENUE BETWEEN L STREET TO ORANGE AVENUE (TF-307)" PROJECT TO 3D ENTERPRISES, INe. IN THE AMOUNT OF $ I 09,000 On January 2 I, 2009, the Director of Public Works received 15 sealed bids for the project that is part of the Undergrounding Utility District Program and will install 15 new street light poles and relocate one existing street light pole in order to have a more uniform street light pattern along the roadways. (Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered Consent Calendar Items] -6, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Steve Molski, Chula Vista resident, stated that he had filed a claim with the City to replace his eyeglasses that were broken as a result of a fall at the South County Library. He stated that the claim was rejected since he filed it after the six-month statute of limitations. He requested reimbursement for the cost of replacing his glasses. Ed Herrera, Chula Vista resident, spoke in opposition to the local sales tax measure, Proposition A. Ariana Nava, Chula Vista resident spoke in support of the Library's DASH Program. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, stated that the majority of association members voted against the sales tax measure as \vritten. She stated that there was a need for clearer understanding of the City's use of its reserves. She suggested that any extra money be used to assist local businesses, and to lower fees for low- income residents. She suggested public discussion about the sales tax measure prior to the ballots being mailed out Guillermo Lopez, Chula Vista resident, stated that the community should have a say in the proposed sales tax increase and in the duration of the proposed sales tax increase. He then spoke in opposition to the MMC peaker power plant. Page 4 - Council Minutes February 17,2009 /11 --'I " DRAFT PUBLIC COMMENTS (Continued) Patricia Aguilar, Chula Vista residcnt, representing Crossroads II, stated that the Board was in support of Proposition A. She requested that the Council direct the City Clerk to prepare a ballot measure for the Junc 2010 e1cctionto have the voters votc on a measure to have Proposition A, if it passes, go back to the voters for ratification or repeal in 2014. Councilmember Castaneda requested, with Council consensus, that the City Attorney look at the possibility of preparing a resolution to be placed on the next agenda for Council consideration to place an item on the June 2010 General Election that would allow the voters to detennine in 2014, should the tax measure pass, whether or not to continue or eliminate the tax. OTHER BUSINESS 7. CITY MANAGER'S REPORTS City Manager Sandoval spoke about a recent meeting between staff and two local water districts that included discussion about the likelihood of mandatory water conservation measures in the summcr that would affect local ratepayers. To that end, he stated that staff would be scheduling a presentation by the districts for a future Council meeting. 8. MAYOR'S REPORTS Therc were none. 9. COUNCILMEMBERS' COMMENTS Councilmember Ramirez invited the community to attend the tree dedication to commemorate former President Eisenhower's visit to the City on October 21, 1960. The event was scheduled for Thursday, February 19, 2009, at 11 :00 a.m., in the Civic Center courtyard. He spoke regarding a recent Animal Care Facility Subcommittee meeting. He stated that staff had provided a report outlining issues at the Animal Care Facility that had bcen addressed, and those that were still bcing worked on. He also stated that he would hold regular meetings to address and resolve the issues and implement best practices for the facility. He requested staff to expedite the recruitment process to fill the vacant manager position for the Animal Care Facility. Councilmember Bensoussan spoke in support of the comments by Councilmember Ramirez regarding the Animal Care Facility. She stated there was a need for the future for services such as animal spaying and neutering, and public awareness programs. She also invited the community to attend the Energy Subcommittee meeting on February 18, 2009, at 1 :00 p.m. in conference room C-101, located in City Hall. She announced the recent opening of a coffee and pastry shop on the comer of Third A venue, and she encouraged the community to support local businesses. Mayor Cox recessed the meeting to convene in Closed Session at 6:54 p.m. Page 5 - Council Minutes February 17,2009 1/1-- 5' DRAFT CLOSED SESSION 10. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups This item was not discussed. 11. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIA TION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) One Case ACTION: Councilmember Castaneda moved to authorize the City Attorney to enter into a tolling agreement with the County of San Diego. Councilmember Ramirez seconded the motion and it carried 5-0. ADJOURJ'\!MENT At 7:05 p.m., Mayor Cox adjourned the meeting to February 19, 2009 at 6:00 p.m. in the Executive Conference Room for Planning Commission Interviews, and thence to the Regular Meeting on March 3, 2009 at 4:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk / ~ Page 6 - Council Minutes /~~~ February 17, 2009 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 17,2009 5:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:00 p.m. in the Council Chambers, located in City HaiL 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council members Bensoussan, Castaneda. McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, Assistant City Manager Tulloch, Finance Director Kachadoorian, and City Attorney Miesfeld CLOSED SESSION I. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder . Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups No reportable action was taken on this item. ADJOURNMENT At 5:40 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of the City Council, February] 7, 2009 at 6:00 p.m. in the Council Chambers. ~ett, CMC, Deputy City Clerk /6-/ DRAFT MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA V1STA February 19,2009 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez (arrived at 6: 1 0 p.m.), and Mayor Cox ABSENT: None ALSO PRESENT: City Attorney Miesfeld PUBLIC COMMENTS There were none. 1. INTERVIEWS AND APPOINTMENT TO FILL 1 VACANCY ON THE PLANNING COMM1SSlON ACTION: Deputy Mayor McCann moved to appoint Mitchell Thompson to the Planning Commission. Councilmember Bensoussan seconded the motion and it carried 5-0. ADJOURNMENT At 7:50 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of March 3, 2009 at 4:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk Ie -/ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 3, 2009 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05 . p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council members Bensoussan, Castaneda, Ramirez, and Mayor Cox ABSENT: McCann (excused) 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 SPECIAL ORDERS OF THE DA Y . INTRODUCTION BY PUBLIC WORKS DIRECTOR RICK HOPKINS OF THE EMPLOYEE OF THE MONTH, JUAN LLAMAS JR., SENIOR MAINTENANCE WORKER Public Works Director Hopkins introduced employee of the month, Juan Llamas Jr. Mayor Cox read the proclamation and Councilmember Ramirez presented it to Juan. OA TH OF OFFICE: Mitchell Thompson - Planning Commission City Clerk Norris administered the oath of office to Mitchell Thompson, and Councilmember Bensoussan presented him with a certificate of appointment. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO MARCIA RASKIN, HUMAN RESOURCES DIRECTOR FOR HER RETIREMENT AFTER NINE PLUS YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA Mayor Cox read the proclamation and City Manager Sandoval presented it to Marcia. . RECOGNITION BY MAYOR COX AND THE CITY COUNCIL OF MR. OLAF MJELDE FOR HIS GENEROUS DONATION OF AQUAST AR POOL DRAIN COVERS AND THEIR INSTALLATION AT THE CITY'S SWIMMING POOLS, WHICH INSURED THE POOLS WERE FULLY OPERATIONAL AND IN COMPLIANCE WITH NEW LAWS THUS AVOIDING DISPLACEMENT OF NUMEROUS GROUPS THAT UTILIZE THE CITY'S POOLS Recreation Director Martin introduced and thanked Mr. Mjelde for his donation. Mayor Cox read a letter of thanks on behalf of the City to Mr. Mjelde. Mr. Martin then presented the letter of thanks to Mr. Mjelde. Page 1 ~ Council Minutes March 3, 2009 1/)-1 DRAFT CONSENT CALENDAR (Items 1 - ] 0) Items 5 and 9 were removed from the Consent Calendar for discussion by members of the public. Item] OA was pulled from the agenda and continued to March 24, 2009 at the request of the City Attorney, and was not discussed. Councilmember Castaneda stated that he would be abstaining from voting on Item JOB, due to the location of property he owns. 1. APPROVAL OF MINUTES of December 4, 2008. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Steve Palma, member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. RESOLUTION NO. 2009-038, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION TO EXPAND THE CHULA VISTA NATURESCAPE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE GRANT AGREEMENT The California Department of Forestry & Fire Protection (CAL FIRE) has requested that the City submit a full grant proposal for its NatureScape Program to the CAL FIRE Urban Greening Grant Program. The program is a community-based initiative to help property owners create wildlife-friendly, water-smart yards and gardens. The City's $53,000 grant proposal would provide funds to organize 6 free community workshops to educate the public about sustainable landscape designs and to distribute 300 NatureScape-In-A-Box kits to program participants. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2009-039, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE NATIONWIDE RETIREMENT SOLUTIONS GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST (40](A) PLAN) City Council approved a deferred compensation plan pursuant to Internal Revenue Code section 401(a) in December, 2001. Per Council direction on January 13,2009, staff is amending the Plan to suspend the City's contribution for certain employees. (Finance Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes Mach 3. 2009 /D-~ DRAFT CONSENT CALENDAR (Continued) 5. This item was removed from the Consent Calendar for discussion. 6. RESOLUTION NO. 2009-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $302,579 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES, THE CITY OF SAN DIEGO AND THE CALIFORNIA FIREFIGHTER JOINT APPRENTICESHIP COMMITTEE TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT (4/5THS VOTE REQUIRED) The Fire Department has received reimbursements in the amount of $302,579 from the State Office of Emergency Services, the City of San Diego and the California Firefighter Joint Apprenticeship Committee. Reimbursements were made for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2008 fire season and the rescue teams that were deployed for Hurricane emergencies Gustav and Ike. The department is requesting to appropriate these funds to offset overtime and operating support costs. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2009-04], RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $226,569 FROM THE U.S. DEPARTMENT OF HOMELAND SECURJTY AND APPROPRJATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND SECURITY PROGRAM (4/5THS VOTE REQUIRED) The San Diego County Office of Emergency Services, who administers the State Homeland Security Program (SHSP), has notified the City of the Fiscal Year 2008 SHSP award in the amount of $226,569. The State Homeland Security Program is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises and planning needs. (Police Chief) Staff recommendation: Council adopt the resolution. 8.A. RESOLUTION NO. 2009-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FISCAL YEAR 2008/2009 THROUGH FISCAL YEAR 2012/2013 SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) FOR SUBMITTAL TO CALTRANS AS PART OF THE FEDERAL ECONOMIC RECOVERY (STIMULUS) PROGRAM B. RESOLUTION NO. 2009-043, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MODI FICA TION OF THE CAPITAL IMPROVEMENT PROGRAM BUDGETS FOR STL345, TF330, AND TF33] TO REMOVE EXISTING TRANSNET AND TRAFFIC SIGNAL FUNDS CONTINGENT UPON FEDERAL HIGHWAY ADMINISTRATION APPROVAL (4/5THS VOTE REQUIRED) Page 3 - Council Minutes / t> ~~ . March 3. 2009 DRAFT CONSENT CALENDAR (Continued) State and Federal regulations require the San Diego Association of Governments (SANDAG) to develop and adopt a Regional Transportation Improvement Program every two years in order to continue receiving Federal and State funding. In order to obtain Federal funds for several City highway projects as part of 'The American Recovery and Reinvestment Act" (Stimulus) Progranl, it is proposed that the project budgets be revised in order to submit for construction expenses. (Public Works Director) Staff recommendation: Council adopt the resolutions. 9. This item was removed from the Consent Calendar for discussion. 10. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING APPROVAL AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND OTHER RELATED DOCUMENTS; AND AUTHORIZING APPROPRIATIONS OF $2,830,072 TO FUND THE AMENDED 2008/2009 ANNUAL ACTION PLAN FOR IMPLEMENTATION OF THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) (4/5THS VOTE REQUIRED) Item lOA was continued to the meeting of March 24, 2009. ] O. B. RESOLUTION NO. 2009-044, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND COMMUNITY HOUSINGWORKS FOR UNDERWRITING SERVICES FOR A FIRST TIME HOMEBUYER DOWNPA YMENT AND CLOSING COST ASSISTANCE PROGRAM In January 2009, the Department of Housing and Urban Development approved the City's Draft 2008-2009 Amended Annual Action Plan that proposed three activities to be funded with the Neighborhood Stabilization Program funds in the amount of $2,830,072. This item appropriates the funds to specific activities as well as amends the contract with Community Housingworks, extending its contract to continue underwriting the City's homebuyer assistance loans. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendar (ltcms ] -4, 6-8, and lOB). Councilmember Ramirez seconded the motion and it carried 4-0, except Item 108, which carried 3-0-1 with Councilmember Castaneda abstaining, due to the location of his property. Page 4 - Council Minutes //)-1/ Mach 3, 2009 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR 5. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31, 2008 Charter Section 504(1) requires staff to submit a quarterly financial report to the City Council. (Finance Director) Staff recommendation: Council accept the report. Theresa Acerro, Chula Vista resident, suggested that the Councilmembers eliminate their car allowances and consider paying a portion of their health benefits and pension costs. ACTION: Councilmember Castaneda moved to approve staffs recommendation to accept the report. Councilmember Ramirez seconded the motion and it carried 4-0. 9. HOUSING ELEMENT 2008 ANNUAL PROGRESS REPORT The City of Chula Vista is required to prepare an Annual Progress report on the implementation of the City's Housing Element. California Government Code Section 65400 requires the report include the following: (1) progress in meeting the Regional Housing Need; (2) the effectiveness of the Housing Element in the attainment of the community's housing goals and objectives; and (3) progress toward mitigating governmental constraints identitied in the Housing Element. This report provides detailed information regarding the housing activities of the City of Chula Vista from January l, 2008 through December 31, 2008. (Deputy City Manager/Development Services Director) Staff recommendation: Council accept the report. Theresa Acerro, Chula Vista resident, asked if the Homebuyer Program materials were available in bilingual format. Redevelopment and Housing Manager Mills responded that all current programs and manuals were available in bilingual format. ACTION: Councilmember Castaneda moved to accept the report. Councilmember Ramirez seconded the motion and it carried 4-0. PUBLIC COMMENTS Robert Solomon. Chula Vista resident. congratulated and thanked Councilmembers Ramirez and Castaneda on forgoing their car allowances. He then requested clarification on other Council benefits. He stated that Police Officers should not be paid less than personnel in administrative positions. He spoke favorably of a recent newspaper article that stated the Council needed to explore all possible ways of closing the spending gap. Mayor Cox offered that Mr. Solomon could contact the Mayor's office to discuss his questions about the Mayor and Council benefits. Page 5 - Council Minutes March 3, 2009 /D-5 DRAFT PUBLIC COMMENTS (continued) Steve Molski, Chula Vista resident, requested Council consideration of payment for a claim he liled with the City for eyeglasses that were broken as a result of a fall at the South County Library. Councilmember Castaneda requested that the matter be referred to the City Attorney to address the matter with Mr. Molski. Miguel Reza, San Diego resident, representing Grid Alternatives, provided information about Grid Alternatives, and explained that the organization worked with communities in need to provide renewable energy, energy efficiency and training. He asked that the City provide the organization with a list of eligible homeowners, and in turn, Grid Alternatives would providc outreach, project management, and installation services in partnership with Housing and Urban Development. Mayor Cox suggested Mr. Reza contact Conservation and Environmental Services Director Meacham to discuss the program. Councilmember Castaneda invited Mr. Reza to make a formal presentation at the next Council Energy Subcommittee Meeting. Linda De Santis, Luis Sainz, and Connie Ferte, Chula Vista residents, spoke about potential closure of the Boys and Girls Club on the west side of the City, due to a lack of funding. She requested Council assistance with keeping this Boys and Girls Club open. Riley Twiss, Chula Vista resident, suggested that the Council members forgo their car allowances, and that the City Manager. City Attorney and City Clerk forgo their 40](a) benelit plan. Tiffany Vinson, Chula Vista resident, addressed the City's current financial situation. She encouraged the Council to continue to work on the budget and to move the City forward. She thanked Mayor Cox for her encouraging words, and wished her good luck on the upcoming State of the City address. Reiner Leal, Chula Vista resident, representing the Chula Vista Civic Association, referenccd a recent article by Gaylord Entertainment that provided the reasons they had backed out of the bayfront development project. He stated that lessons should be learned from that, and if the City and residents had been more open, the current budget discussions wouldn't be necessary. He thanked Mayor Cox for her leadership. Theresa Acerro, Chula Vista resident, suggested that Council consider adopting a resolution to encourage the County to negotiate a salary increase from $9.25 per hour to $]] .50 for its Home Health Aides, stating that it would result in a positive economic effect countywide. Page 6 - Council Minutes Mach 3, 2009 ID-t:. DRA.FT PUBLIC COMMENTS (Continued) Mitch Thompson spoke about a local citizen group, Chula Vistans for Responsible Government, formed for the purpose of educating the community about the value of City-provided services. He thanked the Council for placing Proposition A on the ballot. PUBLIC HEARINGS I I. CONSIDERA TION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020) OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315 THIRD A VENUE The applicant is appealing the Chula Vista Redevelopment Corporation decision denying a Conditional Use Permit for a small recycling redemption center located at the Save-A- Lot parking lot, 13] 5 Third A venue. This item was continued from the meeting of January 27, 2009. On February 9, 2009 staff received a letter from TOMRA Pacific Inc., proposing changes to its proposed Conditional Use Permit for the rePlanet Recycling Center. Staff is requesting a continuance to the March 17,2009 City Council meeting to allow sufficient time to review the proposed changes and the effect on the previous staff analysis and recommendation. (Deputy City Manager/Development Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was continued to March] 7,2009. ACTION ITEMS 12. CONSIDERATION FOR ACCEPTANCE OF THE SIX-MONTH PROGRESS REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION In July 2008, the Council adopted implementation plans for seven new measures focused on lowering energy and water consumption, installing renewable energy systems, promoting alternative fuel vehicle use and designing pedestrian and transit-friendly communities. The report outlines staffs progress in implementing the measures and pursuing the Council-approved financing strategy. Generally, most measures are being partially implemented based on current available funding levels and are meeting the milestones outlined in their original implementation plans. (Conservation & Environmental Services Director) Director of Conservation and Environmental Services Meacham, Environmental Resource Manager Reed, Administrative Services Manager Beamon, Advanced Planning Manager Batchelder, and Deputy Building Omcial EI-Khazen provided the status of implementation of each climate protection measure. Councilmember Ramirez asked if there were plans to reconvene the Climate Change Working Group, and asked about the possibility of returning to Council with the status of energy assessments for local businesses. Page 7 - Council Minutes March 3. 2009 ID-7 DRAFT ACTION ITEMS (Continued) Director of Environmental and Conservation Meacham responded that staff would considcr re- constituting the Committee as plans progressed, and may also consider adding commercial and development representatives to the group. With respect to the energy assessments, Director Meacham stated that staff would report back to the Council in June on the results of the voluntary assessments. Councilmember Bensoussan stated that she was pleased that the mitigation in-lieu fee option for the Green Building Standard would not be implemented. For the green building and energy efficiency standards, she requested that staff provide a memorandum on cost per square-foot versus the added value in terms of environmental benefits and benefits to building occupants. She also requested that staff look at the Third A venue Streetscape Master Plan to see how it could incorporate water conservation measures. She suggested that implementing mandates for solar power on warehouses may provide an opportunity to attract solar industries to the City. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-045, heading read, text waived: RESOLUTION NO. 2009-045, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE SIX-MONTH PROGRESS REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION, AND DIRECTING STAFF TO RETURN WITHIN ]80 DAYS WITH ANOTHER IMPLEMENTATION UPDATE CounciImember Bensoussan seconded the motion and it carried 4-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Sandoval announced that approximately I 12 additional staff positions were slated to be cut prior to June 30th, and that staff would be bringing a plan back to the Council on how the City would be providing public service to the community with reduced staffing levels. ]4. MAYOR'S REPORTS Mayor Cox thanked Councilmember Castaneda for his comments regarding the potential effects on the community of reduced funding associated with Public Works services. She also stated that without additional revenue, the City would be unable to continue its partnership with the Boys and Girls Club. She added that she and City Manager Sandoval had recently met with the Chula Vista Elementary School District Superintendent to discuss opportunities to maintain the after school programming that the school district counted on. She announced an upcoming meeting on March] 9, 2009 at 7:00 p.m. at Southwestern College, with Assembly Member Marty Block regarding proposed Assembly Bill 24, legislation for a local university. She also announced the upcoming "Sunset Safari" fundraiser event on March 28. 2009 at 5:00 p.m., at the Chula Vista Nature Center. She stated that on April 7, 2009, the Nature Center Task Force would be presenting a report to the Council on creation of a sustainable Chula Vista Nature Center. Mayor Cox alerted the Council on the proposed Senate Bill] 39 regarding the shift of Page 8 - Council Minutes Mach 3. 2009 /D-8 DRAFT MA YOR'S REPORTS (Continued) jobs at the Tenth Avenue marine ternlina] in to a way that was of major concern to the Port District and Port tenants. She then polled the Council on its interest to invite former Coronado Mayor, Tom Smisek, to give a presentation entitled, "Destination Lindbergh". It was the consensus of the Council to place the presentation on a future agenda. 15. COUNCILMEMBERS' COMMENTS Councilmember Castaneda commented on his participation in "Read Across America Week," which highlighted the importance of reading and library services to citizens. He stated that he read to a first grade class at Olympic View E]ementary Schoo] as part of this program. Councilmember Ramirez spoke about the success of his recent Public Office Hours meeting that was conducted entirely in Spanish with English translation. He thanked City Manager Sandoval, Captain Wedge, and Agent Martin for their participation. He then announced that his next Public Office Hours meeting would be conducted in Eastem Chula Vista. and that specific meeting information was available on the City's website. Councilmember Bensoussan commented that she had attended Councilmember Ramirez's Public Office Hours meeting, and applauded him for conducting the meeting in Spanish. She announced that Councilmember Ramirez would be conducting a Public Forum regarding Proposition A on March 9, 2009, at 7:00 p.m., in the Council Chambers. She referenced a memorandum dated March 3, 2009, that she placed on the dais regarding a proposed outline for establishment of an independent advisory board named Prop A Advisory Committee or (P AAC). She requested Council support of the outline. It was the consensus of the Council to place the matter on the March 17, 2009 Council agenda. Councilmember Bensoussan then announced the upcoming March 10,2009 State of the City address. Mayor Cox recessed the meeting to convene in Closed Session at 6:54 p.m. CLOSED SESSION ]6. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Justin Thomas Ladou v. City of Chula Vista, et a!., San Diego Superior Court, Case No. 37-2008-00074919-CU-PT-SC. No reportable action was taken on this item. ]7. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, ]AFF, POA, WCE, Mid-Management, Professional and unrepresented groups This item was not discussed and no action was taken. Page 9 - Council Minutes !D - Cj March 3, 2009 DRAFT ADJOURNMENT At 7:11 p.m., Mayor Cox adjourned the meeting to a Joint Workshop Meeting with the GMOC and Planning Commission, March 5, 2009 at 6:00 p.m., in the Chula Vista Police Headquarters, Community Meeting Room, 315 Fourth A venue, and thence to the Regular Meeting for the State of the City Address on March 10,2009 at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk ~ Page 10 - Council Minutes Mach 3, 2009 /D-IO