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Home My WebLink About2009/09/01 Item 1 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 28, 2009 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILEN SPECIAL ORDERS OF THE DA Y . PRESENTATION BY KELLEY BACON, HUMAN RESOURCES DIRECTOR, OF THE IMPLEMENTATION OF A NEW SUGGESTION A WARDS PROGRAM Human Resources Director Bacon presented the PRIDE STARS suggestion awards program, and explained the eligibility requirements for the awards. Councilmember Castaneda asked staff to provide an informational item with all suggestions from departments. Councilmember Ramirez encouraged staff to consider all suggestions, whether eligible for the program awards or not. Furthernlore, he suggested that there be a feedback process between the review committee and employees. Deputy Mayor McCann asked staff to offer employee's online access to the program, as well as the ability for suggestions to be submitted anonymously. . PRESENTATION ON THE "DESTINATION LlNDBERGl-I" EFFORT BY TOM SMISEK, SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY MEMBER, MARY SESSOM, MAYOR OF LEMON GROVE; AND KEITH WILSCHEZ, SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY PLANNING DIRECTOR Lemon Grove Mayor Sessom, representing San Diego Association of Governments (SANDAG), highlighted the transportation elements of the proposed "Destination Lindbergh" plan that focused on the incorporation of an airport transportation center to connect all modes of transport. Page 1 - Council Minutes April 28, 2009 /1} ~I DRAFT SPECIAL ORDERS OF THE DAY (Continued) Tom Smisek introduced the concept of the "Destination Lindbergh" plan, and spoke about the collaborative efforts between the various agencies working on the conceptual airport plan. Airport Authority Planning Director Keith Wilschez presented the Destination Lindberg conceptual plan, including the ad-hoc committee's recommendations for expansion of the ai rport. CONSENT CALENDAR (Items 1-9) Councilmember Castaneda stated he would be abstaining from voting on Item 2. This item was removed from the Consent Calendar. I. APPROVAL OF MINUTES of January 6, 2009. Staff recommendation: Council approve the minutes. 2. This item was removed from the Consent Calendar. 3. RESOLUTION NO. 2009-087, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM IN COMPLIANCE WITH THE FAIR AND ACCURATE CREDIT TRANSACTION ACT The Federal Trade Commission (FTC), in accordance with the Fair and Accurate Credit Transaction (FACT) Act, has set "red flag" rules requiring the City to establish written programs that provide for the detection of and response to specific activities ("red flags") that could be related to identify theft. (Finance Director) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2009-088, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF REASSESSMENT DISTRICT NO. 2001-1 OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL REASSESSMENTS PURSUANT TO THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS B. RESOLUTION NO. 2009-089, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF REASSESSMENT DISTRlCT NO. 2001-2 OF THE CITY OF CHULA VISTA ORDERlNG JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL REASSESSMENTS PURSUANT TO THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS Page 2 - Council Minutes April 28, 2009 /11 -,;2... DRAFT CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2009-090, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF REASSESSMENT DISTRICT NO. 2005-2 OF THE CITY OF CllliLA VISTA ORDERING JUDICIALFORECLOSURE OF DELINQUENT SPECIAL REASSESSMENTS PURSUANT TO THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS D. RESOLUTION NO. 2009-091, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-IA OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUA.NT TO THEMELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 E. RESOLUTION NO. 2009-092, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2008-1 OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 As part of the City's fiduciary role in administering assessment districts and community facilities districts, Finance staff has been working with NBS, the City's special tax administrator, to address Clelinquent payments of special assessments. Ten parcels affecting six different districts have been identified as being delinquent in paying their special assessments and now face judicial foreclosure pursuant to the Bond Indenture. (Finance Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2009-093, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2009/2010, THE ISSUANCE AND SALE OF A 2009/2010 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFOR.l\IIA COMMUNITIES CASH FLOW FINANCING PROGRAM In order to address cash shortfalls that are projected to occur in the General Fund during Fiscal Year 2009/2010 due to the cyclical nature of some of the City's major revenue sources, it is recommended that the City once again take advantage of the opportunity to borrow money on a short-terrn basis at a low cost by issuing a Tax and Revenue Anticipation Note (TRANs) through the pooled financing program sponsored by California Statewide Communities Development Authority (CSCDA). A TRANs is recommended as an alternative to borrowing from other City Funds. (Finance Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes April 28. 2009 /11-3 DRAFT CONSENT CALENDAR (Continued) I I I , :1 il :1 ~ . 6. RESOLUTION NO. 2009-094, RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FISCAL YEAR 2009/2010 PERFORMING AND VISUAL ARTS GRANTS RECIPIENTS AND MONETARY GRANT AWARDS TOTALING $41,450 In 1997, the City Council approved a sublease with Live Nation, Inc. (formerly Universal Concerts) that established a process whereby ticket sales proceeds at the Cricket Wireless (formerly Coors) Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City of Chula Vista. This year the Chula Vista Public Library received $42, 952.95 from Live Nation for their 2008 Concert Series, an increase of over $6,000 from the previous two years. (Deputy City Manager/Library Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2009-095, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OF CHULA VISTA SEWER SYSTEM MANAGEMENT PLAN On May 2, 2006, the State Water Resources Control Board adopted an order requiring owners/operators of sanitary sewer systems greater than one mile in length to comply with certain regulations aimed at decreasing the likelihood of sewer overflows. These requirements are to be described by a "Sanitary Sewer Management Plan" specific to each agency. Each agency is required to obtain approval of their Sewer System Management Program from their respective governing body. (Public Works Director) Staffrecommendation: Council adopt this resolution. 8. RESOLUTION NO. 2009-096, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION AND CERTIFYING MATCHING FUNDS FOR THE I STREET SIDEWALK IMPROVEMENTS AND APPROVING THE SUBMITTAL OF A GRANT APPLICATION FOR THE BIKEWAY MASTER PLAN UPDATE TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SA1'-,TDAG) FOR FISCAL YEAR 2009/2010 TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSNET FUNDING FOR BICYCLE AND PEDESTRIAN PROJECTS The Transportation Development Act (TDA) and the TransNet Program provide funding support for regional bicycle and pedestrian capital improvement projects. A Council resolution approving grant applications is required by the San Diego Association of Governments (SANDAG). (Public Works Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes April 28, 2009 /~'~'f DRAFT CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2009-097, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-IULA VISTA ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY, AND NCSDI NO. I LLC (SUDBERRY PROPERTIES) REGARDING THE PROCESSING OF ENTITLEMENTS FOR THE CONSTRUCTION OF THE GA TEW A Y SHOPPING CENTER, LOCATED AT THE NORTHERN TERMINUS OF BROADWAY (NATIONAL CITY BOULEVARD) Sudberry Properties is planning to construct a shopping center located at the site of the former Harbor drive-in theatre. The site is comprised of multiple parcels that are located within the jurisdictions of Chula Vista and National City. The Memorandum of Understanding (MOU) clarifies the roles of each city with regard to discretionary permit processing, building and fire code compliance, environmental review, impact fees, schedule, financing of public improvements, and other related topics. Staff from both cities, as well as the developer of the site, have reviewed the attached MOU and found its terms and conditions to be mutually acceptable. (Deputy City Manager/Development Services Di rector) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendar (Items I, and 3-9), headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. RESOLUTION NO. 2009-086, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF THE REMAINING UNEXPENDED PROCEEDS OF THE 2004 CERTIFICATES OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I) AND THE 2006 CERTIFICATES OF PARTICIPATION, (CIVIC CENTER PROJECT - PHASE 2) TO REIMBURSE THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH The Public Facilities Development Impact Fee fund (PFDIF) paid for the capital expenditures of Phase 3 of the Civic Center remodel, which is now complete. Adoption of the resolution approves reimbursement of the PFDlF fund using available funds in the 2004 and 2006 Certificate of Participation bond proceeds. (Finance Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendation, and offered Hem 2, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining due to the proximity of his property to the project. Page 5 - Council Minutes April 28, 2009 J//"~ DRAFT PUBLIC COMMENTS Larry Breitfelder, Chula Vista resident, representing the Chula Vista Taxpayers Association, stated that there would be no local drop-off location for the Proposition A ballots, and that the ballots must be received by May 5. He then spoke in opposition to Proposition A. City Clerk Norris clarified that the City Clerk's Office would be open on May 5, 2009 from 7:00 a.m. to 8:00 p.m. to receive ballots. . Tracey Lamb, Chula Vista resident, and Chula Vista Olympic Training Center (OTC) President, invited everyone to participate in the Chula Vista Community Fun Run on June 6, 2009, at the Olympic Training Center. He stated that event proceeds would benefit the Chula Vista Nature Center, Library, Recreation, and Animal Shelter. Theresa Acerro, Chula Vista resident, representing the Southwest ChiIla Vista Civic Association, announced the upcoming "Help Our Neighbors" event on May 2, 2009, and invited volunteers to help revitalize two homes on the southwest side of the City. Guillermo Lopez, Chula Vista resident, thanked Councilmembers Ramirez, Bensoussan and Building Official EI-Khazen for assistance with granting a building permit application extension to Ms. Maria Lena Lopez. He then spoke in favor of Proposition A, and in opposition to Deputy Mayor McCann's opposition to Proposition A. ACTION ITEMS 10. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING STAFF TO PURSUE A PUBLIC-PRIVATE PARTNERSHIP WITH THE FRIENDS OF THE CHULA VISTA NATURE CENTER FOR THE OPERATION OF THE CHULA VISTA NATURE CENTER At the City Council meeting on April 7, 2009, Committee Chairs from the Mayor's Task Force for Creating a Sustainable Chula Vista Nature Center provided a presentation outlining and summarizing the work of the Task Force to date. Their preliminary recommendations were both detailed and numerous, the result of six separate committees focusing on separate and distinct issues. This report presents staff s recommendations on how the City should proceed in efforts to preserve the Nature Center, both as a valuable asset of the City, and from an operational/management point of view. (Recreation and Nature Center Director) City Manager Sandoval introduced Recreation Director Martin who presented the proposed conceptual funding plan for the Nature Center with the recommendation by staff to establish a public-private partnership and an operating agreement with a non-profit organization. He provided staffs recommendation to transition Nature Center operations to a non-profit organization, with a target date of January 1, 2010, to transition City employees to non-profit employees by December 31, 2009, and to select Friends of the Chula Vista Nature Center as a partner. Page 6 - Council Minutes April 28, 2009 /;J ..-fp DRAFT ACTION ITEMS (Continued) Ken Weimer, Chula Vista resident, representing the Friends of the Chula Vista Nature Center, spoke in support of the operating agreement, in principle, and to the concept of staffs recommendations. He stated, however, that the timeframe and funding levels cited were too optimistic for a smooth transition of the Nature Center. He stated that the Friends of the Nature Center would work diligently with staff for a successful transition. Lura Cox, ChuIa Vista resident, spoke in support of retaining the Nature Center and of staffs recommendation for a public-private partnership. Madeline Tucker, Bonita resident and student at Discovery Elementary, spoke in support of the Nature Center, stating that she recently started a school recycling program in an effort to raise funding for the Nature Center, and to-date, had raised $150. Mary Ann Saponara, ChuIa Vista resident, spoke in support of the Nature Center and also on behalf of her son who, during his school years, had benefited from the Nature Center's programs. She added that she was currently enrolled in the Nature Center docent training program, and was volunteering her time to assist with outreach efforts to keep Nature Center programs going. Manami Watanabe, La Mesa resident and Grossmont College student, spoke in support of retaining the Nature Center. She stated that her biology professor had sent his students to the Nature Center to write a report about whether or not the Nature Center should remain open, and that the report results would be presented to the Council. Bruce Bennett, Coronado resident, spoke in support of the Nature Center, stating that his family and friends were frequent visitors. He commented that the Nature Center was a regional asset that was unique and set itself apart from national nature centers. The following members of the public did not wish to speak, but submitted speaker slips In support of retaining the Nature Center: Barbara Main, Bonita resident Aline King, Lemon Grove resident and ChuIa Vista home owner Susan Fuller, Imperial Beach resident Nancy Stimebuek, Chula Vista resident C. Woodring, Chula Vista resident Mayor Cox stated that fundraising was key to keeping the Nature Center open, and that since December, 2008, a little over $580,000 was raised, of which $250,000 was part of a challenge grant, with the goal of reaching $750,000. Councilmember Bensoussan announced that the Nature Center was the recent recipient of an award for its participation in the Clapper Rail breeding program, and stated that the transition to a non-profit would lead to a better Nature Center with national recognition. Deputy Mayor McCann commented on the City's partnership with the Chula Vista Elementary School District for student field trips to the Nature Center, and he suggested that a note be included with the student field trip permission slips, encouraging donations of a dollar or more for the Nature Center. Page 7 - Council Minutes April 28, 2009 /11-7 DRAFT ACTION ITEMS (Continued) Mayor Cox encouraged interested members of the public to get involved with board membership for the Nature Center. She stated that she would remain committed to raising $10,000 in the next 30 days. She thanked Councilmember Bensoussan for her work on the Task Force, and also thanked staff and volunteers for their work. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-098, heading read, text waived: RESOLUTION NO. 2009-098, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO PURSUE A PUBLIC-PRIVATE PARTNERSHIP AND OPERATING AGREEMENT WITH THE FRIENDS OF THE CHULA VISTA NATURE CENTER FOR OPERATION AND MANAGEMENT OF THE NATURE CENTER, AND APPROVING TWO CONCEPTUAL FUNDING PLANS AS A BASIS OF INITIAL NEGOTIATIONS WITH THE FRIENDS OF THE CHULA VISTA NATURE CENTER (4/5THS VOTE REQUIRED) Councilmember Bensoussan seconded the motion and it carried 5-0. OTHER BUSINESS I I. CITY MANAGER'S REPORTS City Manager Sandoval commented on the status of the current 2009/20 I 0 budget deficit, stating that staff had made great strides in closing the deficit, and would be bringing a full report to Council at its meeting of May 12, 2009. He stated that Finance Director Kachadoorian would provide a brief overview of the upcoming report. 12. MAYOR'S REPORTS Mayor Cox announced the Third Avenue Village Association's Cinco de Mayo event on May 2, 2009. She also invited everyone to participate in the Chula Vista Community 5K Fun Run on June 6, 2009 with all event proceeds benefiting local Chula Vista charities. 13. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann commented that this year was the Chula Vista Veterans Home Support Foundation's 10th anniversary. To that end, he suggested that the Foundation be recognized with a proclamation. Mayor Cox responded that the proclamation would be delivered to the Veterans Home. Deputy Mayor McCann spoke about his attendance at the recent Day of the Child event, and was honored to give the kick-off speech at the opening reception. He also attended the April Pools Day event at Lorna Verde pool, showcasing child swim safety awareness. He then addressed earlier public comments by Mr. Lopez regarding Proposition A, stating his opposition to the one percent sales tax increase. City Attorney Miesfeld advised the Council to keep comments related to the proposition limited to the facts of the measure. Page 8 - Council Minutes April 28, 2009 ,-) II) ~b DRAFT OTHER BUSINESS (Continued) 'Councilmember Castaneda deferred to Finance Director Kachadoorian for the overview of the budget report. Finance Director Kachadoorian then gave a brief update on current trends regarding the City's budget deficit, projected at $3.5 million. She also provided information on ongoing efforts to reduce the deficit, including continuation of the administrative freeze, additional layoffs and cuts that would occur if new revenues were not identified, continuation of the early retirement program until June 26, 2009. She stated additional information would be provided with the third quarter fiscal update and budget presentation scheduled for May 12,2009. ACTION: Deputy Mayor McCann moved to convene a Council Workshop on May 7,2009 at 6:00 p.m. to address the current fiscal year budget deficit. The motion died for lack of a second. Councilmember Castaneda spoke about the recent Earth Day event at Balboa Park, and his participation as a panel member in a forum for high school students about climate change. He commented on how well informed the students were on the issue. He talked about the recent Public Safety Subcommittee meeting that addressed future plans for the' Fire Department in terms of providing greater and more efficient advanced life support to the community. He thanked Fire Chief Hanneman and City Manager Sandoval for moving forward to ensure public safety. He reminded the community about the upcoming Cinco de Mayo event on May 2, 2009. Deputy Mayor McCann added to the comments by Councilmembcr Castaneda regarding the Public Safety Subcommittee meeting, and thanked Fire Chief Hanneman, Fire Department personnel, and City staff who participated, commending them on plans to move forward with providing advanced life support on City fire trucks, without using general fund money. Councilmember Ramirez announced his next Public Office Hours, scheduled for May 4, 2009 at 6:00 p.m. in Council Chambers, to discuss the reorganization of the Development Services , Department. Councilmember Bensoussan spoke about the City's recent participation and her attendance at the National Conference on Climate Change meeting at the public library, to discuss the effects of global warming on the region. She stated that attendees were provided water-saving kits, and that members of the public could contact the City's Conservation and Environmental Services Department to obtain remaining water kits. She announced the upcoming Western Revitalization Council Subcommittee Meeting on May I 1,2009 at 5:30 p.m., at Ciao Restaurant, 4360 Main Street, to hear a presentation by the South County Economic Development Council on recession proofing for businesses. Mayor Cox addressed comments about information posted on the City's website regarding Proposition A as being anything other than legitimate and lawful. To that end, she asked City Manager Sandoval and City Attorney Miesfeld to provide information on the process used to place the information on the websire. Page 9 - Council M ioutes April 28, 2009 111-9 DRAFT OTHER BUSINESS (Continued) City Manager Sandoval stated that prior to publishing the information on the City's website regarding Proposition A, staff had provided the City Attorney with proposed content, and had published the information that had been approved by the City Attorney. City Attorney Miesfeld stated that his office had reviewed the information proposed to be placed on the City's website, and had also consulted with special counsel specializing in election law. He stated that the City Attorney's office then provided the approved content to the City Manager for publishing. Mayor Cox recessed the meeting at 6:16 p.m., and announced that the Council would reconvene in Closed Session at 6:30 p.m. CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): A. OJ Allen v. City of Chula Vista, San Diego Superior Court, Case No. 37-2007- 00069534-CU-PO-SC There was no reportable action taken on this item. B. City of Chula Vista v. Maria E. Gutierrez., San Diego Superior Court, Case No. 37- 2008-00074648-CU-PT -SC There was no reportable action taken on this item. ADJOURNMENT At 6:55 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of May 5, 2009 at 4:00 p.m., in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk ~ /- Page 10 - Council Minutes April 28, 2009 ///-/0 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 5, 2009 4:00 P.M. A Regular Meeting of the City Council of the City of Ch\lla Vista was called to order at 4:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY RECOGNITION OF EMPLOYEE OF THE MONTH, IN MEMORY OF JAY HARRIS, PROCUREMENT SPECIALIST, BY MARIA KACHADOORIAN, FINANCE DIRECTOR Finance Director Kachadoorian offered the Employee of the Month tribute in memory of Jay Harris. Mayor Cox read the proclamation and Councilmember Castaneda presented it to Mrs. Harris. . PRESENTATION BY MARK WATTON, GENERAL MANAGER OF OTAY WATER DISTRICT, AND JAMES SMYTH, OPERATIONS MANAGER OF SWEETWATER AUTHORITY, ON LOCAL WATER SUPPLY AND RATES Director of Conservation and Environmental Services Meacham introduced Mark Watton, General Manager, Otay Water District, who spoke about pumping restrictions affecting the reliability oflocal water supply, drought impacts on water levels and resulting higher water costs, and the advantages of diversification of water supplies. He stated that both Otay Water District and Sweetwater Authority offered conservation outreach and education programs. James Smyth, Operations Manager, Sweetwater Authority, presented an overview of the current drought levels and local water sources. He spoke about possible water expansion projects for the South San Diego County, and about possible future consideration of installing a brine discharge line. He commented on ongoing efforts by Sweetwater Authority and Otay Water District for water conservation outreach and education programs for the community. Page I - Council Minutes May 5, 2009 1/3 ~/ DRAFT SPECIAL ORDERS OF THE DAY (Continued) Director of Conservation and Environmental Services Meacham, reported that in the last year, staff had distributed over 3,000 water conservation kits to households in Chula Vista, and 515 spray rinse valves to restaurants, which had resulted in the reduction of II million gallons of water consumption in the greater south bay area. Mayor Cox asked whether or not water restrictions were being considered. Mr. Watton responded that the staff would not be recommending restrictions, based upon the current performance by residents. Public Works Director Hopkins responded to comments by Councilmember Bensoussan regarding the proposed installation of groundwater wells, stating that the wells were proposed to be installed at Hyde Park and Eucalyptus Park in the City, and that City and Sweetwater Authority staff would be working together to discuss any sensitivity issues with the proposed wells, and that members of Crossroads II had been invited to provide input on the matter. . PRESENTATION OF A PROCLAMATION TO POLICE CHIEF RICHARD P. EMERSON, BY MAYOR COX PROCLAIMING MAY 6, 2009 AS LAW ENFORCEMENT OFFICERS' MEMORIAL DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Police Chief Emerson. Chief Emerson announced that the memorial ceremony was on May 6, 2009, at the San Diego County Administration Center, to recognize San Diego County police officers killed in the line of duty, and he invited everyone to attend. Mayor Cox then commented on local crime statistics, accessible on SANDAG's web site, that indicated a reduction in overall crime in Chula Vista. PRESENTATION OF A PROCLAMATION TO BUCK MARTIN, RECREATION DIRECTOR DECLARING MAY 2009 AS DROWNING PREVENTION MONTH Recreation Director Martin recognized and introduced Diane Strum, representing Kaiser Permanente's Operation Swim, the City's partner in its swim program, stating that Kaiser had donated $50,000 for the swim program. He also introduced Aquatics Supervisor Manuel Gonzales, who managed the City's aquatic programs. Mayor Cox then read the proclamation and Deputy Mayor McCann presented it to Recreation Director Martin. Staff member Gonzales then gave tips on sun safety. . PRESENTATION OF A PROCLAMATION TO STEVE FIALKO, EXALTED RULER, AND GARRY HUMMEL, TRUSTEE, CHULA VISTA ELKS LODGE #2011, BY MAYOR COX PROCLAIMING THE WEEK OF MAY I THROUGH MAY 7, 2009, AS YOUTH WEEK IN CHULA VISTA Mayor Cox read the proclamation and Councilmember Ramirez presented it to Exalted Ruler, Steve Fialko and Trustee, Garry Hummel. Page 2 - Council Minutes May 5, 2009 /'6 - .).. DRAFT CONSENT CALENDAR (Items 1-4) I. APPROV AL OF MINUTES of January 8, 2009. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2009-099, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CllliLA VISTA APPROVING THE LEASE WITH MMV GRAVEL OVER A PORTION OF CITY OWNED PROPERTY LOCATED AT 707 F STREET The City has been approached by MMV Gravel Company, a local firm, about leasing a portion of City-owned property to store and mix gravel and sand as a part of their concrete aggregate business. This small area of an unused City asset offers an opportunity to both generate revenue and eliminate a storm water issue. (Public Works Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2009-100, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AND ADOPTING A CERTIFIED LIST OF APPROVED DESIGN- BUILD FIRMS TO PROVIDE DESIGN/BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF CAPITAL IMPROVEMENT PROJECTS CITYWIDE In October 2002, the Council approved a certified list of design-build firms for the construction of fire facilities, and in June 2003, the Council approved a certified list of design-build firms for the construction ofpublic facilities (excluding fire facilities). Both lists were for duration of five years and have since expired. As infrastructure facilities are continuously needed, proposals were sought from qualified firms to establish a new certified list of design-build firms. (Public Works Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2009-101, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2009/2010 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING THE CITY MANAGER OR HIS. DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT A.ND IMPLEMENTATION WITH EACH SUB-RECIPIENT, AND AUTHOIUZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANT Page 3 - Council Minutes May 5, 2009 1~-3' DRAFT CONSENT CALENDAR (Continued) As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and City departments to provide decent housing, economic opportunities and a suitable living environment for low and moderate income persons. On March 24, 2009, the City Council held a Public Hearing on 2009-2010 CDBG, HOME and ESG funding recommendations. This item will approve the final Action Plan which contains the spending plan. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and offered the Consent Calendar (Items 1-4), headings read, text waived. Deputy Mayor McCann seconded the motion and it carried 5-0. Mayor Cox commented on Item 4, commending staff on its formula to provide fair funding allocations, and she requested that staff use the existing formula for next year's funding allocations, stating that the use of discretionary allocations would be a mistake. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Howard Mendis, Bonita resident, representing Club Blue, Bonita Vista High School Band, requested that the City consider issuing a permit for the sale and conduct of fireworks to TNT Fireworks as part of fundraising efforts for the band. Toni Romo, National City resident, representing Bonita Vista High School Music Machine Boosters, spoke in favor of the City allowing TNT fireworks in order to raise funds for the Bonita Vista Music Machine. Theresa Acerro, Chula Vista resident, representing Southwest Chula Vista Civic Association, spoke about the Broderick Acres community and stated there were poor conditions in the area, citing problems associated with drainage and sewer, and the lack of sidewalks. She questioned why the tax increment collected from the area residents was not being expended on improvements for the area. She requested that Council investigate the matter and to re-direct funding for the area. Mayor Cox asked Fire Chief Hanneman and Police Captain Wedge to address safety concerns associated with speaker requests for the sale of fireworks in the City. Chief Hanneman responded that wildfires were of great concern, particularly in the months of June and July, and stated that consideration needed to be given to neighboring jurisdictions that may be affected by the potential onset of wildfires resulting from fireworks. Captain Wedge concurred with the comments by Chief Hanneman, adding that any calls for service for fireworks-related issues would also include the Police Department. It was the consensus of the Council to refer. to staff to place an item on a future agenda on the sale of fireworks in the City. Page 4 - Council Minutes May 5, 2009 /6 - t/ DRAFT PUBLIC HEARlNGS 5. CONSIDERATION OF REZONING A PARCEL LOCATED AT 440 FOURTH A VENUE The applicant proposes to change the property from a Multi-Family 'Residential (R3) to a Commercial Office (CO) zone. (Development Services Department) 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 Planner Young presented the proposed re-zone of a parcel at 440 Fourth A venue. 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 Ramirez moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MULTI-FAMILY RESIDENTIAL) TO CO (COMMERCIAL OFFICE) (FIRST READING) Councilmember Castaneda seconded the motion and it carried 4-0, with Deputy Mayor McCann absent from the dais. Deputy Mayor McCann returned to the dais and requested a re-vote on Item 5. The motion then carried 5-0. 6. CONSIDERATION OF AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN Adoption of the resolution amends the 2008/2009 Annual Action Plan to include American Recovery and Reinvestment Act (ARRA) of2009 funds received by the City of Chula Vista for Homeless Prevention and Rapid Re-housing, and authorizes the submittal of the City's amendment to 2008/2009 Action Plan to the Department of Housing and Urban Dcvelopment to include the ARRA Homeless Prevention and Rapid Re-I-Iousing program funds. (Deputy 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. Redevelopment and Housing Manager Mills presented the 2008/2009 proposed Action Plan amendment for homeless prevention and rapid re-housing, and Project Coordinator Dorado presented the program's budget. Page 5 - Council Minutes May 5, 2009 /16-5 DRAFT PUBLIC HEARINGS (Continued) 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 Castaneda moved to adopt the following Resolution No. 2009- 102, heading read, text waived: RESOLUTION NO. 2009-102, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN TO ALLOCATE $819,738 OF HOMELESS PREVENTION FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE HOUSING AND URBAN DEVELOPMENT GRANT FUNDS Councilmember Bensoussan seconded the motion and it carried 5-0. OTHER BUSINESS 7. CITY MANAGER'S REPORTS City Manager Sandoval stated that a brief overview of the 2009/2010 City budget would be presented to the Council at the meeting of May 12, 2009. He also stated that a progress report and update to the Council on Port District activities would be forthcoming, and he informed the Council of his absence from the City on May 7 and 8' to attend meetings with other City Managers on regional and statewide matters. 8, MA YOR'S REPORTS Ratification of the appointment of Cynthia Berndt to the Cultural Arts Commission. ACTION: Mayor Cox moved to appoint Cynthia Berndt to the Cultural Arts Commission. Deputy Mayor McCann seconded the motion and it carried 5-0. Mayor Cox announced the upcoming Olympic Training Center community Fun Run on June 6, 2009, and the Red Bull races the weekend of May 9th. She also stated that Nico's Steak and Chop House restaurant in the Otay Ranch Town Center was nominated Best New Restaurant in San Diego County by the California Restaurant Association, and the third ranked restaurant on open table. She then stated that up-to-date information about the HlNl virus could be found by calling 2-1-1, by going online to w\vw.211.0n!, or by accessing the San Diego County website. 9. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann congratulated the Chula Vista Veterans Home Foundation on its successful golf tournament; thanked the Third Avenue Village Association on the success of the Cinco de Mayo festival that attracted 30,000 visitors, and; he hoped that the longer daylight hours offered the community more time to spend with family. Page 6 - Council Minutes May 5, 2009 /B d' t:. DRAFT OTHER BUSINESS (Continued) Councilmember Castaneda invited the community to attend the Western Chula Vista Revitalization Subcommittee meeting on May 11,2009, at Ciao Italian Restaurant. Councilmember Ramirez invited the community to attend the International Friendship Games on May 9th, from 8:00 a.m. to 8:00 p.m., at Mater Dei Catholic High School. He commented that Nico's Steak and Chop House restaurant was deserving of its recent recognition. Councilmember Bensoussan commented on the successful Chula Vista Yacht Club open house event. She announced the Energy Subcommittee Meeting on May 6, 2009 at 3:00 p.m. in Council Chambers, and; the next Western Revitalization Meeting was scheduled for May 11, 2009, at 5 :30 p.m., at Ciao Italian Restaurant, with a presentation by Dan Biggs, President, South County Economic Development Commission, who would be speaking on recession-proofing for businesses. ADJOURNMENT Mayor Cox adjourned the meeting at 5:36 p.m., in recognition of Mother's Day, to the Regular Meeting of May 12, 2009 at 6:00 p.m. in the Council Chambers. . ~ ~tYCitYClerk Page 7 - Council Minutes May 5, 2009 /.6 - 7 DRAFT MINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND THE I-lOUSING AUTHORITY AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA May 12, 2009 6:00 P.M. Regular Meetings of the City Council and the Housing Authority, and a Special Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 6: II p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council! Authority/ Agency Members: Bensoussan, Castaneda, McCann, Ramirez, Mayor/Chair Cox ABSENT: None ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/Agency Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY OATH OF OFFICE: Cynthia Berndt, Cultural Arts Commission City Clerk Norris administered the oath of office to Cynthia, and Councilmember Bensoussan presented her with a certificate of appointment. PRESENTATION TO THE MAYOR AND CITY COUNClL OF A CHECK IN THE AMOUNT OF $20,000 BY DUANE BUCKINGHAM OF THE CHULA VISTA ROTARY CLUB FOR THE RENOVATION OF MEMORIAL BOWL Mr. Buckingham presented the check to Deputy Mayor McCann who accepted it on behalf of the City. PRESENTATION OF A PROCLAMATION TO CHULA VISTA EMPLOYEES TOM ADLER, SENIOR CIVIL ENGINEER; BRIAN CATACUTAN, ASSISTANT PLANNER; JANICE KLUTH, SENIOR PROJECT COORDINATOR; MARlSA LUNDSTEDT, PRINCIPAL PLANNER; FRANK RIVERA., PRINCIPAL CIVIL ENGINEER; AND ROBERTO SOLORZANO, ASSOCIATE ENGINEER, CELEBRA TING MAYAS BIKE TO WORK MONTH AND MAY 15TH AS BIKE TO WORK DA Y Mayor Cox read the proclamation and Councilmember Ramirez presented it to Frank Rivera who accepted it on behalf of the employees representing "Bike to Work Day". Page 1 - Council/Housing Authority/Redevelopment Agency Minutes May 12,2009 IC-j DRAFT SPECIAL ORDERS OF THE DAY (Continued) PRESENTATION BY MARIA FILIPPELLI, SAt'lDAG PROJECT MANAGER AND JACK BODA, SANDAG DIRECTOR OF MOBILITY AND CAPITAL PROJECTS, REGARDING SANDAG'S REGIONAL BIKE PLAN AND THE NEWEST SEGMENT OF THE BA YSHORE BIKEWAY Mayor Cox introduced Jack Boda who presented the SANDAG Regional Bike plan and the new segment of the Bayshore Bikeway, followed by Mr. Romero who spoke about the construction of the bikeway bridge extension. She then introduced San Diego County Supervisor Cox, who spoke about the process undertaken for completion of the bikeway segment, and future plans for the bayshore bikeway sections. Mayor Cox also recognized Andy Yuen, representing U.S. Fish and Wildlife for his assistance with the project. PROCLAIMING THE WEEK OF MAY 17-23, 2009 AS NATIONAL PUBLIC WORKS WEEK Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Public Works Director Hopkins. RECOGNITION OF LEAH BROWDER, DEPUTY CITY MANAGER, BY MAYOR COX Mayor Cox recognized and thanked Deputy City Manager/Library Director Browder for her service to the City from 2005-2009, and presented her with a token of appreciation on behalf of the Council. Deputy Mayor McCann thanked Leah for her service to the City and wished her the best. Councilmember Ramirez recognized Leah for her work, dedication and professionalism. Councilmember Bensoussan echoed the comments of the Council. City Manager Sandoval spoke of his appreciation for all of Leah's work and offered her best wishes. CONSENT CALENDAR (Items 1 - 6) City Council (Item 7) City Council/Redevelopment Agency (Item 8) Housing Authority The following items were removed from the Consent Calendar: Item 2, for discussion by a member of the public, Item 3, for discussion by the City Attorney, and Items 6 and 7. 1. ORDINANCE NO. 3127, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MUL TI-F AMIL Y RESIDENTIAL) TO CO (COMMERCIAL OFFICE) (SECOND READING AND ADOPTION) Adoption of the ordinance allows the applicant to change the property from a Multi- Family Residential (R3) to a Commercial office (CO) zone. This ordinance was introduced on May 5, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009 / ~ - .).... DRAFT CONSENT CALENDAR (Continued) 2. Item 2 was removed from the Consent Calendar. 3. Item 3 was removed from the Consent Calendar. 4. A. RESOLUTION NO. 2009-104, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PA YMENT PLAN PROGRAM AGREEMENT WITH MCMILLIN TERRACOTTA, LLC FOR TERRACOTTA PHASES 5 AND 6, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CrTY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAt" DIEGO B. RESOLUTION NO. 2009-105, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT WITH OTAY RANCH VILLAGE 1I- PC-13,LLC FOR THE VILLAS DE AVILA MODEL HOME UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND TI-IE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. In December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered. The ordinance establishing a payment plan was approved by the City Council and became effective on February 6, 2009. (Public Works Director, Deputy City ManagerfDevelopment Services Director) Staff recommendation: Council adopt the resolutions. 5. A. RESOLUTION NO. 2009-106, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FUNDS UNDER TI-IE SAFE ROUTES TO SCHOOL PROGRAM IN THE AMOUNT OF $621,115 FOR THE "SAFE ROUTES TO SCHOOL - OTA Y ELEMENTARY AND RICE ELEMENTARY " PROJECT B. RESOLUTION NO. 2009-107, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "SAFE ROUTES TO SCHOOL - O1AY ELEMENTARY AND RICE ELEMENTARY" (TF-361) AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 3 - Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009 Ie ~~ DRAFT CONSENT CALENDAR (Continued) In January 2007, the City filed a grant application to the State under the Federal Safe Routes to School Program (SRTS) for funds to improve pedestrian facilities adjacent to Otay and Rice Elementary Schools. On June 7, 2007, the City was approved for the SRTS Federal grant. As a result, staff recommends that the City Council accept the grant program funds and authorize the appropriation of funds to a new CIP, "Safe Routes to Schools - Otay Elementary and Rice Elementary Schools" (TF-361). This project will provide improvements to enhance pedestrian safety adjacent to Otay Elementary School and Rice Elementary School. (Public Works Director) Staff recommendation: Council adopt the resolutions. 6. !tern 6 was removed from the Consent Calendar. 7. Item 7 was removed from the Consent Calendar. 8. HOUSING AUTHORITY RESOLUTION NO. 2009-038, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR THE LANDINGS II AFFORDABLE APARTMENTS At this time, the Housing Authority of the City of Chula Vista is considering a Resolution expressing the Authority's intent to issue multi-family housing revenue bonds in an amount not to exceed $42 million to finance the proposed project. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor McCann moved to approve staffs recommendations and offered Consent Calendar Items 1, 4, 5, and 8, headings read, text waived. Councilmember Castaneda seconded the motion, and it carried 5-0. With respect to !tern 8, Councilmember Castaneda asked staff to ensure a competitive and fair process for the selection of a bond underwriter. City Manager Sandoval stated that there would be a Request for Proposal. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INe. TO PROVIDE FINANCIAL ADVISORY SERVICES, AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT On January 20, 2009, the City Council approved a Fiscal Health Plan that provides for a long-term financial strategy. To this end, staff issued a Request for Proposal (RFP) for financial advisory services to assist in preparing this long-term financial strategy. As part of this financial strategy, it is anticipated that debt restructuring of the 2000 and 2002 Certificates of Participation, which funded the construction of the Public Works Yard and Police Facility, may be a recommended course of action. The financial advisory firm would assist the City in restructuring its debt in a way that would best meet the City's long-term financial goals. (Finance Director) Page 4 - CouncilJHousing Authority/Redevelopment Agency Minutes May 12, 2009 Ie - -;t DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Theresa Acerro, Chula Vista resident, spoke in favor of community input on a long-term financial strategy. Councilmember Castaneda requested to meet with staff to discuss the structure of the scope of work. ACTION: Councilmember Castaneda moved to continue Item 2 to a future meeting. The motion died for lack of a second. City Manager Sandoval responded that it was important to add a financial strategy to the City's Fiscal Health Plan, and that staff had proven through the current budget process, its transparency to the public. Counci]member Bensoussan suggested opportunities for public engagement in the process. Finance Director Kachadoorian commented that one of the questions in the Request for Proposal was about public participation. She further stated that the primary focus of this request was Council consideration of ways to restructure the City's debt. Councilmember Castaneda stated that he could not support the item without more specificity. ACTION: Deputy Mayor McCann moved to continue Item 2. Councilmember Castaneda seconded the motion. City Manager Sandoval clarified that the request by staff was not to expend funds, but only to select a firm, and that staff would return to the Council with a scope of work and price. Further discussion ensued between the Council and staff about the process for selection of a consultant to provide financial advisory services. Deputy Mayor McCann called for the vote to continue the item to the May 26, 2009 Council Meeting. The motion carried 4-1, with Mayor Cox voting no. 3. RESOLUT]ON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROV]NG A DES]GN-BU]LD AGREEMENT WITH YOUNG ELECTRlC S]GN COMPANY (YES CO) FOR THE DESIGN AND CONSTRUCTION OF THE CHULA VISTA AUTO PARK S]GN (C]P NO. RD248) The City has selected a contractor to design and build a freeway sign for the Chula Vista Auto Park. Adoption of the resolution awards the contract to Young Electric Sign Company. (Public Works Director) Deputy City Attorney Miller explained that further review of the environmental analysis for the project was required, and therefore staff was requesting Council consideration to remove the item from the agenda. ]t was the consensus of the Council to remove Item 3 from the agenda, and no action was taken on this item. Page 5 - Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009 Ie.. 5 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2009-108, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT DISTRICT FOR OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW Residential properties along Oxford Street between Third Avenue and Alpine Avenue are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 25 of the 40 residents of this neighborhood requesting that a special assessment district proceeding be commenced for the purpose of financing the construction of these improvements. (Public Works Director) Theresa Acerro, Chula Vista resident, thanked the Council for its consideration to approve the proposed resolution for the formation of an assessment district for street improvements. ACTION: Deputy Mayor McCann offered Resolution No. 2009-108, heading read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. 7. COUNCIL RESOLUTION NO. 2009-109 AND REDEVELOPMENT AGENCY RESOLUTION NO. 2009-2004, RESOLUTIONS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ACCOUNTING FIRM OF CAPORICCI AND LARSON, CPA'S, TO PROVIDE AUDITING SERVICES, AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT Section 1017 of the Chula Vista Charter requires an annual independent audit of the City. The current three-year agreement with Macias, Gini & O'Connell, LLP terminated with completion of the June 30, 2008 audit report. A Request for Proposals to provide auditing services for the City and Redevelopment Agency was issued February 23, 2009. Adoption of the resolution approves an agreement with Caporicci & Larson. (Finance Director) Staff recommendation: Council adopt the resolution. Theresa Acerro, Chula Vista resident, requested that the Council conduct a public workshop for a detailed explanation of the City's annual audit process, in order to provide the public with a clearer understanding of the process. ACTION: Mayor/Chair Cox offered Council Resolution No. 2009-109 and Redevelopment Agency Resolution No. 2009-2004, headings read, text waived. Deputy Mayor/Agencymember McCann seconded the motion, and it carried 5-0. Page 6 - Council/Housing Authority/Redevelopment Agency Minutes May 12,2009 /c-~ DRAFT PUBLIC COMMENTS Luis Mendoza, Chula Vista resident, congratulated the Police Department's Special Investigation Unit for their collaborati ve efforts with other law enforcement agencies that led to the arrest and sentencing of Bcrtha Bugarin, owner of a number of medical clinic chains, one of which was located in Chula Vista, and who was convicted of performing medical procedures without a license. Mr. Mendoza suggested that the City adopt an ordinance requiring that doctors who wished to open a medical clinic have admitting privileges at a local hospital. Gary Tillman, Chula Vista resident, representing the Chula Vista Civic Association, suggested reducing salaries from the top to the bottom. Chris Altbaum, representing Chula Vista Civic Association, suggested re-negotiating the City's memorandums of understanding with its bargaining groups; and looking at staff overtime costs. He also asked whether or not the business license fee increase of $95 dollars was absorbed into the general fund. Ed Hererra, Chula Vista resident, representing the Chula Vista Civic Association, stated that reform was needed for the future and that there was a need to work together. Larry Breitfcldcr, Chula Vista resident, representing the Chula Vista Taxpaycrs Association, stated that there was a need to address the City's pension plan, overtime, and fair and open competition for City contracts; and to protect taxpayers funds, minimize service cuts, and promote economic opportunity for the community. Isabelle Espino, Chula Vista resident, representing Chula Vista Civic Association, spoke of the need for the City and community to work together and build trust. Bob Green, Chula Vista resident, recommended Council consideration for establishmcnt of a Public Budget Committee, consisting of members of the public who had opposed Proposition A, to look at budget line items and make recommendations to the Council. Russ Hall, Chula Vista resident, representing the Chula Vista Civic Association, stated that the State representatives and Port Commissioner needed to be reporting to the City. He also suggested implementing a policy to exclude reductions of public safety first responders in order to provide reassurance to the public. Guillermo Lopez, Chula Vista resident, stated that he was concerned about the impacts of the failure of Proposition A on City services. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, presented a video about residents' concerns with the lack of sidewalks and drainage ditches in areas of southwest Chula Vista. PUBLIC HEARINGS 9. CONSIDERATION OF CHULA VISTA'S PORTION OF THE REGIONAL TRAi\fSPORT A TION IMPROVEMENT PROGRAJvl Page 7 - Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009 le-? DRAFT PUBLIC HEARINGS (Continued) The San Diego Association of Governments (SANDAG) has notified the local agencies that requests for the July 2009 amendment to the Regional Transportation Improvement Program (RTIP) may be submitted beginning April 20, 2009. Signed resolutions must be submitted to SANDAG by June 5, 2009. The City will need to submit a request for amendment in order to add funding for projects that are included in the City's Capital Improvement Program for fiscal year 2009/2010. (Public Works 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. Mayor Cox announced Council abstentions for the following proposed resolutions on Item 9, since the proposed improvements were located within 500 feet of Councilmembers' properties: Item 9B - Councilmember Castaneda, Item 9C - Deputy Mayor McCatUl, Item 9D - Councilmember Ramirez, Item 9E - Mayor Cox. Principal Civil Engineer Rivera noted corrections to the written staff report: On page 9-6, for the North Broadway Basin Reconstruction (STM354), to replace the amount of $2,200,000 with the correct amount of$2,368,000 as indicated on page 9-25; and on page 9-7, the first line of the last paragraph, to replace Main Street with Broadway. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: A. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-110, heading read, text waived: RESOLUTION NO. 2009-110, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-A OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Councilmember Bensoussan seconded the motion, and it carried 5-0. Council member Ramirez moved to adopt the following Resolution No. 2009-111, heading read, text waived: B. RESOLUTION NO. 2009-111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-B OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Page 8 - Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009 Ie-I' DRAFT PUBLIC HEARINGS (Continued) ACTION: ACTION: ACTION: E. Deputy Mayor McCann seconded the motion, and it carried 4-0-1, with Couneilmember Castaneda abstaining. Councilmember Castaneda moved to adopt the following Resolution No. 2009- 112, heading read, text waived: c. RESOLUTION NO. 2009-112, RESOLUTION OF THE CITY COUNCIL OF TI-IE CITY OF CHULA VISTA APPROVING PART-C OF THE JULY 2009 AMENDMENT TO THE TRANS NET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Couneilmemer Ramirez seconded the motion, and it carried 4-0-1, with Deputy Mayor McCann abstaining. CouneiImember Bensoussan moved to adopt the following Resolution No. 2009- 113. heading read, text waived: D. RESOLUTION NO. 2009-113, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-D OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERt'\lMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Deputy Mayor McCann seconded the motion, and it carried 4-0-1, with CouneiImember Ramirez abstaining. Couneilmember Castaneda moved to adopt the following Resolution No. 2009- 114, heading read, text waived: RESOLUTION NO. 2009-114, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-E OF TI-IE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS CouneiImember Ramirez seconded the motion, and it carried 4-0-1, with Mayor Cox abstaining. Page 9 - Council/Housing Authority/Redevelopment Agency Minutes May 12. 2009 le-9 DRAFT CLOSED SESSION At S:05 p.m., Mayor Cox recessed the Council Meeting to convene in Closed Session. IS. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): A. Sergio Lopez v. City of Chula Vista, et aI., US District Court, Case No. 07CVI272WQH(BLM) Item ISA was not discussed and no action was taken. B. City of Chula Vista v. Terese Loretz, et aI., San Diego Superior Court, Case No. 37 -2007 -000793 OS-CU -OR -CTRL C. Chula Vista Citizens for Jobs and Fair Competition, et al v. Donna Norris, et aI., United States District Court, Case No. 09CVOS97BBEN(JMA) No reportable action was taken on these items. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): One Case. This item was not discussed and no action was taken. The meeting reconvened at S:34 p.m. with all Councilmembers present. Mayor Cox announced that Item 14 would be removed from the agenda and would not be discussed. Councilmember Castaneda then recognized members of the audience Kart Eaton, Patty Arviza, and Jonathan Yepiz, representing the South Bay Youth 4 Change, stating that they would be speaking in support of Item 17 on the Council agenda regarding regulation of smoking in public places. ACTION ITEMS 10. CONSIDERATION OF ESTABLISHMENT OF THE CHULA VISTA TOURISM MARKETING DISTRICT FOR THE PURPOSE OF LEVYING AND COLLECTING ASSESSMENTS ON LODGING BUSINESSES The Chula Vista Chamber of Commerce and the Chula Vista Convention and Visitors Bureau, working in concert with lodging and business o\VTIers and members of the business community has prepared a plan for the formation of Chula Vista Tourism Marketing District (CVTMD) which will levy a self-assessment on motel and hotel rooms. The CVTMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion of tourism opportunities in the City. (Deputy City Manager/Development Services Director) Page 10 - CouncillHousing Authority/Redevelopment Agency Minutes May 12, 2009 Ie -/() DRAFT ACTION ITEMS (Continued) City Attorney Miesfeld stated that Deputy Mayor McCann would need to abstain from voting on Item 10, due to the proximity of his property' to the marketing district. Deputy Mayor McCann then left the dais. Economic Development Manager Stone gave a brief presentation about formation of the district, funding mechanisms, and assessments. Chris Boyd, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke in support of the item, stating that it would create a mechanism for continued funding and operations of the Convention and Visitors Bureau. Discussion ensued between the Council and Mr. Boyd regarding the expenditure of funds, and the transparency and reporting of those expenditures. In response to questions from Councilmember Bensoussan, Mr. Boyd stated that the additional funding gcnerated by the assessment would expand opportunities for collaborative efforts with tourist-serving businesses, including the Olympic Training Center and Nature Center. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-115, heading read, text waived: RESOLUTION NO. 2009-115, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INlTIA TE PROCEEDINGS TO CONSIDER THE ESTABLISHMENT OF THE CHULA VISTA TOURISM MARKETING DISTRICT FOR THE PURPOSE OF LEVYING AND COLLECTING ASSESSMENTS ON LODGING BUSINESSES Couneilmember Castaneda seconded the motion, and it carried 4-0-1, with Deputy Mayor McCann abstaining. Deputy Mayor McCann returned to the dais at this time. 11. CONSIDERATION OF APPRO V AL OF AN ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT APPLICATION TO THE DEPARTMENT OF ENERGY FOR $1,974,300, AND THE SUBMITTAL OF A LOAN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION AND PARTICIPATION IN THE SDG&E ON-BILL FINANCING PROGRAM FOR UP TO $7.1 MILLION As part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants (EECBG) to implement strategies to reducc energy use and lower fossil fuel emissions. Adoption of the resolutions approves submittal of the grant application and authorizes implementation of up to $7.1 million in additional financing options to invest in additional energy efficiency and renewable energy projects. The full suite of projects would eventually create $850,000 in annual municipal cost savings and reduce small business and residential property energy costs by approximately $1 million. (Director of Conservation & Environmental Services, Director of Public Works) Page 11 - Council/Housing Authority/Redevelopment Agency lVlinutes May 12, 2009 Ie -1/ DRAFT ACTION ITEMS (Continued) Director of Conservation and Environmental Services Meacham provided an overview of the Energy Efficiency and Conservation Block Grant program. Envirorunental Resource Manager Reed spoke about projects proposed to be funded with the grants and loans, and provided the benefits of each project. Director Meacham stated that staff would return with a final list of projects for Council consideration, and that a large portion of the money coming to the City would focus primarily on creating green jobs in the City. Theresa Acerro, Chula Vista resident, spoke in support of the proposed resolutions. Jennifer Badgely, representing the IBEW Local 569 Electricians Union, spoke in support of the item. She requested municipal solar be implemented first, and trained personnel be put to work immediately to create opportunities for new careers. Betsy Cory, Chula Vista resident, representing the Resource Conservation Commission, stated that the commission voted unanimously to approve the application as prepared by staff, and she urged the Council to adopt the proposed resolutions. Niclole Capretz, National City resident, representing Envirorunental Health Coalition, spoke in support of the proposed resolutions. ACTION: Councilrnember Bensoussan moved to adopt the following Resolution Nos. 2009- 116 and 2009-117, headings read, text waived: II. A. RESOLUTION NO. 2009-116, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF AN ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT APPLICATION TO THE DEPARTMENT OF ENERGY FOR $1,974,300, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN AND MANAGE GRANT FUNDS B. RESOLUTION NO. 2009-117, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A LOAN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION AND PARTICIPATION IN THE SDG&E ON-BILL FINANCING PROGRAM FOR UP TO $7.1 MILLION AND AUTHORIZING THE CITY MA..NAGER OR HIS DESIGNEE TO EXECUTE ALL LOAN AND/OR PROGRAM DOCUMENTS ASSOCIATED THEREWITH Councilmernber Castaneda seconded the motion, and it carried 5-0. Page 12 - CouncillHousing Authority/Redevelopment Agency Minutes May 12,2009 Ie ~/./- DRAFT ACTION ITEMS (Continued) 12. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED MARCH 31, 2009. Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the Director of Finance through the City Manager. Appropriations are being requested from the available balance of the General Fund for hourly staffing of code enforcement activities, public liability expenditures and services rendered by the County of San Diego Registrar of Voters for the Proposition A ballot measure. The RDA is requesting an appropriation in order to repay the General Fund for advances the RDA has received in the past. (Finance Director) City Attorney Miesfeld announced that Councilmember Ramirez would be abstaining from voting on ltem 12C. Councilmember Ramirez left the dais at 9:40 p.m. Finance Director Kachadoorian presented the Third Quarter Financial Report and request for appropriations to the General Fund and Redevelopment Agency. Reiner Leal, Chu1a Vista resident, representing Chu1a Vistans for Community Action, requested that Redevelopment funding not be taken away, stating that by doing so, would further impair redevelopment in the City and create more problems in stabilizing the City's financial situation. City Attorney Miesfeld stated that Item 12C would be removed from the agenda and would not be discussed. Counci1member Ramirez then returned to the dais. Councilmember Castaneda suggested that staff provide the ability to register foreclosed homes on the internet. Development Services Director Halbert responded that staff would be coming back to the Council with a program that would waive the registration fee if the property was listed on a national network. Councilmember Castaneda suggested that staff find ways to automate payment of registration fces for homes not listcd on national registcrs. ACTION: Council member Castaneda moved to adopt the following Resolution No. 2009- 118, heading read, text waived: A. RESOLUTION NO. 2009-118, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $120,000 FROM THE A V AILABLE BALANCE OF THE GENERAL FUND AND AMENDING THE PERSONNEL SERVICES BUDGET FOR THE RESIDENTIAL ABANDONED PROPERTY PROGRAM BASED ON OVERREALlZED REVENUES (4/5"rI-IS REQUIRED) Councilmember Bensoussan seconded the motion, and it carried 4-1 with Deputy Mayor McCann voting no. Page 13 - Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009 Ie "/-3 DRAFT ACTION ITEMS (Continued) ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-119, heading read, text waived: B. RESOLUTION NO. 2009-119, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,450,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR UNANTICIPATED PUBLIC LIABILITY EXPENDITURES AND FOR EXPENDITURES INCURRED FOR SERVICES PROVIDED BY THE COUNTY OF SAN DIEGO REGISTRAR OF VOTERS FOR THE PROPOSITION A BALLOT MEASURE (4/5THS REQUIRED) Councilmember Castaneda seconded the motion, and it carried 4-1, with Deputy Mayor McCann voting no. C. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AN APPROPRIATION FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL FUl\1]) OF ADVANCES IN AN AMOUNT ESTIMATED AT $900,000 BUT WILL BE BASED ON A V AILABLE FUND BALANCE AT FISCAL YEAR END (4/5THS REQUIRED) Item 12C was removed from the agenda. 13. PRESENTATION OF THE FISCAL YEAR 2009/2010 PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS (Public Works Director, Finance Director) City Manager Sandoval gave an overview of the City's Fiscal Health Plan. Finance Director Kachadoorian presented an overview of the City's budget reduction plan for the next fiscal year. Doug Jensen, Vice President, MuniServices, gave an update on sales tax projections locally, regionally and statewide. David Butler, County Assessor, presented an overview of taxes the City receives, and provided the annual percentage of change. Finance Director Kachadoorian presented the fiscal year 2010 budget update that included the projected general fund deficit, revenue adjustments, summary of expenditure adjustments, general fund reserves, net costs by department, summary of staffing reductions by department and by bargaining units since 2006/2007, and service impacts to the community. She then announced the next steps that included the City Manager's proposed budget submittal to the Council on May 26, 2009, a Council Budget Workshop on June 4, 2009, Council adoption of proposed fiscal year 2010 Budget on June 16,2009, commencement of fee reviews and overhead allocation in July 2009, and begin implementation of a zero-based budget process, and preparation for fiscal year 2010/2011 budget. Page 14 ~ Council/Housing AuthoritylRedevelopment Agency Minutes May 12, 2009 I C.-I'f DRAFT ACTION ITEMS (Continued) City Manager Sandoval then presented the proposed service delivery and workload management proposal that included closure of City Hall to the public on Fridays, evaluating cost savings of flexible work schedules, earlier Council meetings (4:00 p.m.), reduction to the number of Boards and Commissions, transition of the Gro\vth Management Oversight Commission report to a two- year cycle, changing Council subcommittees to meet during nonnal business hours, and taking on no new major work assignments or projects without corresponding reduction in current workload. Deputy Mayor McCann stated that he would like to see the Animal Shelter contracts for services with other jurisdictions in place prior to next fiscal year. Kathryn Lembo, San Diego resident, representing South Bay Community Services, spoke about the proposed cut in the Juvenile Diversion Program, stating that elimination of funding for the program would create an increase in juvenile crime and would utilize more law enforcement time. She asked the Council to find some way to fund the program at some level. Public Works Director Hopkins gave an overview of the proposed fiscal year 2009/2010 Capital Improvement Program (CIP). He then introduced Assistant Public Works Director Quilantan who presented the proposed CIP budget and projects, and noted the lack of funds available for the projects. No Council action was taken on this item. At II :22 p.m., Mayor Cox recessed the meeting. The meeting reconvened at II :35 p.m. with all Councilmembers present. 14. CITY COUNCIL CONSIDERATION OF AND POTENTIAL ACTION ON THE CITY OF CHULA VISTA'S REPRESENTATIVE ON THE UNIFIED PORT OF SAN DIEGO'S BOARD OF PORT COMMISSIONERS This item is for City Council to consider and potentially act upon the City of Chula Vista's representative on the Unified Port of San Diego's Board of Port Commissioners and to allow the eurrent Commissioner to address the City Council. Mayor Cox announced that Item 14 would be removed from the agenda. The item was not discussed and no action was taken. OTHER BUSINESS IS. CITY MANAGER'S REPORTS City Manager Sandoval announeed that the Council Meeting of May 19, 2009 would be cancelled due to a lack of agenda items. He commented that should the upeoming propositions by the State fail, the State would be looking to cities for additional funding, which could impaet the City by approximately $4 million. To that end, he recommended the City's participation in the League of California Cities "Save our Cities" campaign to oppose the borrowing of monies from cities, by the Governor's Office. Page 15 - Council/I-lousing Authority/Redevelopment Agency rvtinutes May 12, 2009 /C - 15" DRAFT OTHER BUSINESS (Continued) City Attorney Miesfeld advised that since the matter was not on the agenda, if the need for action came to the City's attention subsequent to the posting of the agenda, the Council could take emergency action to adopt a resolution, which would require a 4/5ths vote by the Council. ACTION: Council member Castaneda moved to take immediate action, declaring that the need for the action came to the attention of the City subsequent to the agenda being posted. Councilmember Bensoussan seconded the motion, and it carried 5- O. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-121, heading read, text read: RESOLUTION NO. 2009-121, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL LOCAL PROPERTY TAX AND IN-LIEU TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA Councilmember Castaneda seconded the motion, and it carried 5-0. 16. MAYOR'S REPORTS Mayor Cox announced the recent opening of the Los Vecinos housing project that would be home to 42 low-income families. She thanked City staff that worked to move the project forward. She also commented on the success of the recent International Friendship Games. City Council consideration to place the Fair and Open Competition Ordinance, submitted by its proponents on March 13, 2009, on the ballot for the June 8, 2010 General Municipal Election. Mayor Cox provided the cost saving benefits of placing the proposed Fair and Open Competition Ordinance on the June ballot. George W. Hawkins, La Mesa resident, representing the Association of Builders and Contractors, asked that the measure be placed on the June 2010 ballot. The following members of the public spoke in opposition to the City Council placing the proposed measure on the ballot: Paul Vauchelet, San Diego resident Jennifer Badgley, San Diego resident, representing IBEW Local 569 Tom Lemmon, San Diego resident, representing San Diego Building and Construction Trades Council Humberto Peraza, Chula Vista resident, representing Congressman Bob Filner Lorena Gonzalez, San Diego resident, representing Labor Council Alexandra Hart, San Diego resident, representing IBEW Local 569 Evan McLaughlin, San Diego resident, representing San Diego-Imperial Counties Labor Council Page 16 CounciVHousing AuthorityfRedevelopment Agency Minutes May 12, 2009 Ie -ICe. DRAFT OTHER BUSINESS (Continued) The following members of the public did not wish to speak, but submitted speaker slips indicating opposition to the City Council placing the measure on the ballot: Julie Gelfat, San Diego resident, representing lBEW 569 Kirk Staff; San Diego resident, representing IVP A T ACTION: Mayor Cox moved to place the Fair and Open Competition Ordinance on the ballot for the June 8, 2010 General Municipal Election. Deputy Mayor McCann seconded the motion. The motion failed 2-3, with Councilmembers Castaneda, Ramirez and Bensoussan voting no. 17. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann thanked the Wakeland Corporation on the Los Vecinos housing project and its use of recyclable and energy-saving materials. I-Ie thanked City staffmcmbers Meacham and Reed for the presentation on energy and cost savings measures for the City. He also stated that he hoped everyone had a great Mother's Day. Councilmember Castaneda commented that he enjoyed his time spent celebrating Mother's day with his mother, and he congratulated and thanked Councilmember Ramirez on success of the recent International Friendship Games. Councilmember Castaneda: Discussion regarding Chula Vista Municipal Code Chapter 8.22, Regulation of Smoking in Public Places and Places of Employment Couneilmember Castaneda spoke about the City's enforcement regulations on smoking in public places. He then introduced Kat! Eaton, San Diego resident, representing South Bay Youth 4 Change, who commented on the City's smoke-free outdoor dining ordinance, and she recommended further enforcement by the City. She also suggested that the City send reminder letters to local restaurants and cafes of its no-smoking ordinance, the display of clear and visible signage, and the removal of smoking receptacles from outdoor dining areas. She added that the County's Health and Human Services Department may be able to provide assistance with graphic design for smoke-free outdoor dining establishments, and she submitted a sample logo to the Council. Councilmember Castaneda stated that he would be working with the South Bay Youth 4 Change towards a partnership with the Chamber of Commerce, to inform dining establishments of the City's smoking regulations, with an update to the Council in the future. Councilmember Ramirez commented on time spent with his mother on Mother's Day. He spoke in support of doing more with respect to the City's smoke-free ordinance regulations. I-Ie commented on the success of the recent International Friendship Games that drew over 800 athletes who competed in different events. He stated that he looked forward to holding the event again next year, and thanked the event sponsors and City staff. He announced the Kiwanis Bicycle Rodeo on May 16,2009 at Lauderbach Park, with an opportunity to learn about bicycle safety, and free bicycle helmets and food. He then asked about the status of a prior request by Councilmember Castaneda, of a portrait of President Obama for display in City Hall. City Manager Sandoval responded that the order was noted by the White House and would be forthcoming. Page 17 - Council/i-lousing Authority/Redevelopment Agency Minutes May t 2, 2009 /C-/7 DRAFT OTHER BUSINESS (Continued) Councilmember Bensoussan thanked Councilmember Ramirez on the success of the International Friendship games, commenting that it was a great cross-border event. She referenced earlier comments about smoking in public places, and was hopeful of Council's future consideration of adoption of the Third Avenue Village Association's proposed Outdoor Dining Ordinance. She congratulated the Wakeland Company on the success of the Los Vecinos housing project. To that end, she suggested that similar art elements from the Los Vecinos project be incorporated into the Third Avenue Streetscape Master Plan. She commented on the recent Revitalization Subcommittee meeting that included a staff presentation about enterprise zones, and she suggested that staff take advantage of opportunities to expand the City's enterprise zones, primarily for those businesses located south of Main Street. She also commented on a previous Revitalization Subcommittee meeting about a community gardens concept, and she urged the Council to implement a policy for its ability to pursue grant funding for the implementation ofa community garden pilot project. Deputy Mayor McCann left the dais at 12:53 a.m. ACTION: Mayor Cox moved to change the meeting time to 4:00 p.m. for the May 26, 2009 Council meeting. Councilmember Castaneda seconded the motion, and it carried 4-0, with Deputy Mayor McCann absent from the dais. CLOSED SESSION Closed Session Items were taken out of order and heard after Item 9. ADJOURNMENT At 12:54 a.m., Mayor Cox adjourned the meeting to the Regular Meeting of May 26,2009 at 4:00 p.m. in the Council Chambers. ~~ Lorraine Bennett, CMC, Deputy City Clerk Page 18 - Council/Housing Authority/Redevelopment Agency Minutes May] 2, 2009 /c-/p DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 12,2009 5:30 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:30 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, McCann, Ramirez, and Mayor Cox ABSENT: Councilmember Castaneda ALSO PRESENT: City Manager Sandoval, Deputy City Attorney Shirey, and City Attorney Miesfeld CLOSED SESSION I. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LlTlGA TION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): One Case. No reportable action was taken on this item. ADJOURNMENT At 6:00 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of the City Council, May 12,2009 at 6:00 p.m. in the Council Chambers. ~? :z::=- Lorraine Bennett, CMC, Deputy City Clerk / lJ-/