HomeMy WebLinkAboutcc min 2009/04/28MINUTES 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 DAY
PRESENTATION BY KELLEY BACON, HUMAN RESOURCES DIRECTOR, OF
THE IMPLEMENTATION OF A NEW SUGGESTION AWARDS 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. Furthermore, 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 LINDBERGH" 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 Apri128, 2009
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
airport.
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.
1. 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 DISTRICT NO. 2001-2 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
Page 2 - Counci] Minutes April 28, 2009
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 CHULA VISTA
ORDERING JUDICIAL FORECLOSURE 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 PURSUANT TO THE MELLO-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 FACILITTES DISTRICT NO. 2008-I 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 delinquent 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.
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 CALIFORNIA 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-term 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 Apri128, 2009
CONSENT CALENDAR (Continued)
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, Ina (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 Librazy
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 aze 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)
Staff recommendation: 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 (SANDAL) 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 (SANDAL). (Public Works Director)
Staff recommendation: Council adopt the resolution.
Page 4 -Council Minutes April 28, 2009
CONSENT CALENDAR (Continued)
9. RESOLUTION NO. 2009-097, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY, AND
NCSDI NO. 1 LLC (SUDBERRY PROPERTIES) REGARDING THE PROCESSING
OF ENTITLEMENTS FOR THE CONSTRUCTION OF THE GATEWAY 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 Director)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staff s recommendations and offered the balance of
the Consent Calendar (Items 1, 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 1) 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 PFDIF 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 staffls recommendation, and offered Item 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
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 clazified 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 Chula 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 El-Khazen for assistance with granting a building permit application extension
to Ms. Mazia Lena Lopez. He then spoke in favor of Proposition A, and in opposition to Deputy
Mayor McCann's opposition to Proposition A.
ACTION ITEMS
] 0. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING STAFF TO
PURSUE APUBLIC-PRNATE 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 anoperational/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 anon-profit organization. He
provided staff's recommendation to transition Nature Center operations to anon-profit
organization, with a tazget 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
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 staffls
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, Chula Vista resident, spoke in support of retaining the Nature Center and of staffs
recommendation for apublic-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, Chula 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 cun•ently 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 Chula Vista home owner
Susan Fuller, Imperial Beach resident
Nancy Stimebuck, 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
anon-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
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/STHS VOTE REQUIRED)
Councilmember Bensoussan seconded the motion and it carried 5-0.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Sandoval commented on the status of the current 2009/2010 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 SK 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 Loma Verde pool, showcasing child swim safety awazeness. 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 Apri128, 2009
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 pane] 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 Councilmember 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 11, 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 Minutes Apri128, 2009
OTHER BUSINESS (Continued)
City Manager Sandoval stated that prior to publishing the information on the City's website
regazding 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. DJ 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. Mazia 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