HomeMy WebLinkAboutcc min 2009/05/12 HA/RDAMINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL
AND THE HOUSING 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 6:11 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: CounciUAuthority/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 COUNCIL 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; MARISA
LUNDSTEDT, PRINCIPAL PLANNER; FRANK RIVERA, PRINCIPAL CIVIL
ENGINEER; AND ROBERTO SOLORZANO, ASSOCIATE ENGINEER,
CELEBRATING MAY AS BIKE TO WORK MONTH AND MAY 15TH AS BIKE TO
WORK DAY
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
SPECIAL ORDERS OF THE DAY (Continued)
PRESENTATION BY MARIA FILIPPELLI, SANDAG PROJECT MANAGER, AND
JACK BODA, SANDAG DIRECTOR OF MOBILITY AND CAPITAL PROJECTS,
REGARDING SANDAG'S REGIONAL BIKE PLAN AND THE NEWEST SEGMENT
OF THE BAYSHORE 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.
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 (MULTI-FAMILY RESIDENTIAL) TO CO (COMMERCIAL OFFICE) (SECOND
READING AND ADOPTION)
Adoption of the ordinance allows the applicant to change the property from aMulti-
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 - Counci]/Housing Authority/Redevelopment Agency Minutes May 12, 2009
CONSENT CALENDAR (Continued)
2. Item 2 was removed from the Consent Calendar.
3. Item 3 was removed from the Consent Calendaz.
4. A. RESOLUTION NO. 2009-104, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE
PAYMENT 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 CITY CLERK TO RECORD A LIEN AND THE AGREEMENT
WITH THE COUNTY RECORDER OF THE COUNTY OF SAN 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 II-
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 THE
AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN
DIEGO
The City of Chula Vista requires the payment of vazious 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 Counci] and became effective on
February 6, 2009. (Public Works Director, Deputy City Manager/Development 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 THE SAFE
ROUTES TO SCHOOL PROGRAM IN THE AMOUNT OF $621,115 FOR THE
"SAFE ROUTES TO SCHOOL - OTAY 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 - OTAY ELEMENTARY AND RICE
ELEMENTARY" (TF-361) AND APPROPRIATING FUNDS THEREFOR (4/STHS
VOTE REQUIRED)
Page 3 - CounciUHousing Authority/Redevelopment Agency Minutes May ] 2, 2009
CONSENT CALENDAR (Continued)
In Januazy 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. Item 6 was removed from the Consent Calendar.
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 staff s recommendations and offered
Consent Calendaz Items 1, 4, 5, and 8, headings read, text waived.
Councilmember Castaneda seconded the motion, and it carried 5-0.
With respect to Item 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,
INC. TO PROVIDE FINANCIAL ADVISORY SERVICES, AND AUTHORIZING
THE MAYOR 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 par[
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 Yazd 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 - CounciUHousing Authority/Redevelopment Agency Minutes May 12, 2009
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.
Councilmember 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.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING ADESIGN-BUILD AGREEMENT WITH YOUNG ELECTRIC SIGN
COMPANY (YESCO) FOR THE DESIGN AND CONSTRUCTION OF THE CHULA
VISTA AUTO PARK SIGN (CII' NO. RD248)
The City has selected a contractor to design and build a freeway sign for the Chula Vista
Auto Pazk. 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. It 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
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 CARSON,
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-yeaz 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 & Lazson. (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 - CounciUHousing Authority/Redevelopment Agency Minutes May ] 2, 2009
PUBLIC COMMENTS
Luis Mendoza, Chula Vista resident, congratulated the Police Department's Special Investigation
Unit for their collaborative efforts with other law enforcement agencies that led to the arrest and
sentencing of Bertha 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.
Gazy 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 bazgaining groups; and looking at staff overtime costs.
He also asked whether or not the business license fee increase of $95 dollazs 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 Breitfelder, Chula Vista resident, representing the Chula Vista Taxpayers 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 establishment 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
azeas of southwest Chula Vista.
PUBLIC HEARINGS
9. CONSIDERATION OF CHULA VISTA'S PORTION OF THE REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM
Page 7 -Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009
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 aze 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 heazing 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 McCann, 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: Mayor Cox moved to adopt the following Resolution No. 2009-110, heading read,
text waived:
A. 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 tamed 5-0.
ACTION: Councilmember 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 - CounciVl lousing Authority/Redevelopment Agency Minutes May 12, 2009
PUBLIC HEARINGS (Continued)
Deputy Mayor McCann seconded the motion, and it carried 4-0-1, with
Councilmember Castaneda abstaining.
ACTION: 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
THE CITY OF CHULA VISTA APPROVING PART-C 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
Councilmemer Ramirez seconded the motion, and it carried 4-0-1, with Deputy
Mayor McCann abstaining.
ACTION: Councilmember 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
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
Deputy Mayor McCann seconded the motion, and it carried 4-0-1, with
Councilmember Ramirez abstaining.
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009-
114, heading read, text waived:
E. RESOLUTION NO. 2009-114, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING PART-E 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 20]2/2013 AND PROVIDING CERTIFICATION AND
INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET
FUNDS
Councilmember Ramirez seconded the motion, and it carved 4-0-1, with Mayor
Cox abstaining.
Page 9 -Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009
CLOSED SESSION
At 8:05 p.m., Mayor Cox recessed the Council Meeting to convene in Closed Session.
18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
A. Sergio Lopez v. City of Chula Vista, et al., US District Court, Case No.
07CV 1272WQH(BLM)
Item 18A was not discussed and no action was taken.
B. City of Chula Vista v. Terese Loretz, et al., San Diego Superior Court, Case No.
3 7-2007-00079308-CU-OR-CTRL
C. Chula Vista Citizens for Jobs and Fair Competition, et al v. Donna Norris, et al.,
United States District Court, Case No. 09CV0897BBEN(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 8:34 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 Katt 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 owners and members of the
business community has prepazed a plan for the formation of Chula Vista Tourism
Marketing District (CVTMD) which will levy aself-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 - CounciVHousing Authority/Redevelopment Agency Minutes May 12, 2009
ACTION ITEMS (Continued)
City Attorney Miesfeld stated that Deputy Mayor McCann would need to abstain from voting on
Item ] 0, 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 generated 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 INITIATE PROCEEDINGS TO CONSIDER THE
ESTABLISHMENT OF THE CHULA VISTA TOURISM MARKETING
DISTRICT FOR THE PURPOSE OF LEVYING AND COLLECTING
ASSESSMENTS ON LODGING BUSINESSES
Councilmember Castaneda seconded the motion, and it carved 4-0-1, with Deputy
Mayor McCann abstaining.
Deputy Mayor McCann returned to the dais at this time.
11. CONSIDERATION OF APPROVAL 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 reduce 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 Ll -Council/Housing Authority/Redevelopment Agency Minutes May 12, 2009
ACTION ITEMS (Continued)
Director of Conservation and Environmental Services Meacham provided an overview of the
Energy Efficiency and Conservation Block Grant program.
Environmental 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 solaz be implemented first, and trained personnel be put to work
immediately to create opportunities for new cazeers.
Betsy Cory, Chula Vista resident, representing the Resource Conservation Commission, stated
that the commission voted unanimously to approve the application as prepazed by staff, and she
urged the Council to adopt the proposed resolutions.
Niclole Capretz, National City resident, representing Environmental Health Coalition, spoke in
support of the proposed resolutions.
ACTION: Councilmember Bensoussan moved to adopt the following Resolution Nos. 2009-
116and 2009-117, headings read, text waived:
11. 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 MANAGER OR HIS DESIGNEE
TO EXECUTE ALL LOAN AND/OR PROGRAM DOCUMENTS ASSOCIATED
THEREWITH
Councilmember Castaneda seconded the motion, and it carried 5-0.
Page 12 - Counci]/Housing Authority/Redevelopment Agency Minutes May 12, 2009
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 Item 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, Chula Vista resident, representing Chula 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.
Councilmember 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
fees for homes not listed on national registers.
ACTTON: Councilmember 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
AVAILABLE BALANCE OF THE GENERAL FUND AND AMENDING THE
PERSONNEL SERVICES BUDGET FOR THE RESIDENTIAL ABANDONED
PROPERTY PROGRAM BASED ON OVERREALIZED REVENUES (4/STHS
REQUIRED)
Councilmember Bensoussan seconded the motion, and it carried 4-I with Deputy
Mayor McCann voting no.
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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/STHS REQUIRED)
Councilmember Castaneda seconded the motion, and it carved 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 FUND OF
ADVANCES IN AN AMOUNT ESTIMATED AT $900,000 BUT WILL BE
BASED ON AVAILABLE FUND BALANCE AT FISCAL YEAR END
(4/STHS 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 yeaz 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 bazgaining 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 yeaz 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 yeaz 2010/2011 budget.
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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 Growth Management Oversight Commission report to a two-
year cycle, changing Council subcommittees to meet during normal 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 .luvenile 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 11:22 p.m., Mayor Cox recessed the meeting. The meeting reconvened at 11:35 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 current 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
15. CITY MANAGER'S REPORTS
City Manager Sandoval announced that the Council Meeting of May 19, 2009 would be
cancelled due to a lack of agenda items. He commented that should the upcoming propositions
by the State fail, the State would be looking to cities for additional funding, which could impact
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.
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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/Sths vote by the Council.
ACTION: Councilmember Castaneda moved to take immediate action, declazing 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-
0.
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 Mazch 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
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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 IBEW 569
Kirk Staff, San Diego resident, representing NPAT
ACTION: Mayor Cox moved to place the Fair and Open Competition Ordinance on the
ballot for the .Tune 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. He thanked City staffinembers 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
Councilmember Castaneda spoke about the City's enforcement regulations on smoking in public
places. He then introduced Katt 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. He
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 team 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.
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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 eazlier 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 e]ements 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, primazily 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 of a 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 heazd 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 - CounciUHousing Authority/Redevelopment Agency Minutes May 12, 2009