Loading...
HomeMy WebLinkAbout2009/10/27 Item 1 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 23, 2009 5:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda (arrived at 5:15 p.m.), McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, Assistant City Manager Tulloch, Economic Development Manager Stone, Assistant Director of Redevelopment and Housing Crockett, Human Resources Director Bacon, Real Property Manager Ryals, Deputy City Attorney Maland, and City Attorney Miesfeld ACTION ITEM Item I was removed from the agenda, and no action was taken. 1. IMPASSE PROCEDURE FOR MANAGEMENT, IF NECESSARY, FOR EMPLOYEE ORGANIZATION IAFF LOCAL 2180 As part of the City's Budget Reduction Plan, the Fire Department in November 2008 developed a proposal to "brown out" the Urban Search and Rescue (USAR) company. Management and Officials of IAFF Local 2180 have been negotiating in Meet and Confer sessions concerning the Fire Department Proposal. The purpose of this action shall be to identify and specify the issue or issues remaining in dispute. Staff recommendation: Carry out an impasse procedure, if necessary, for IAFF Local 2180. Mayor Cox recessed the meeting to convene In Closed Session at 5:05 p.m. to discuss the following items: CLOSED SESSION 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERt"lMENT CODE SECTION 54954.5(b) Page I - Council Minutes If! -/ June 23, 2009 DRAFT CLOSED SESSION (Continued) Property: 960-980 F Street; 685 Bay Blvd.; 955 Lagoon Drive; APN 760- 048-51-00 Negotiators: Denny Stone, Eric Crockett . Negotiating Parties: Redevelopment Agency of the City of Chula Vista; City of Chula Vista; Unified Port of San Diego . Under Negotiation: Instruction to negotiators concerning terms No reportable action was taken on this itcm. 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon, Bart Miesfeld, Maria Kachadoorian, Rod Betts Employee organizations: IAFF, Chula Vista Mid-Managers/Professional Association No reportable action was taken on this item. Mayor Cox recessed the Special Closed Session Meeting at 5:55 p.m. to convene the Regular Council/Special Redevelopment Agency meeting in open session. At 9:29 p.m., Mayor Cox reconvened the Special Closed Session meeting, with all members present. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54954.5(b) Property: APN 595-450-39, 595-450-40, 595-490-14, 643-070-10, 644-080- and 644-080-15 Negotiators: Jim Sandoval, Rick Ryals, Bart Miesfeld Negotiating Parties: City ofChula Vista and San Diego County Water Authority . Under Negotiation: Price and Terms of Payment ACTION: Council member Castaneda moved to authorize entry into negotiations with San Diego County Water Authority. Councilmember Bensoussan seconded the motion and it carried 5-0. 5. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: . One Case This item was not discussed. Page 2 - Council Minutes IIJ~..A June 23, 2009 DRAFT ADJOURNMENT At 9:35 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of the City Council ~~------ /' Lorraine Bennett, CMC, Deputy City Clerk Page 3 - Council Minutes June 23, 2009 //!-3 DRAFT MfNUTES OF A REGULAR MEETfNG OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT-AGENCY OF THE CITY OF CHULA VISTA June 23, 2009 6:00 P.M. A Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City ofChula Vista was called to order at 6:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Agency Members: Bensoussan, Castaneda, McCann, Ramirez, and Chair/Mayor 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 DA Y PRESENTATION OF A PROCLAMATION DECLARING SUPPORT FOR THE 2010 CENSUS TO PARTNERSHIP SPECIALISTS NAMPET PANICHPANT, LENA LAFF AYE, AND PURIT A ANDREWS, AND EARLY LOCAL CENSUS OFFICE MANAGER DANIEL MENDOZA, U.S. BUREAU OF THE CENSUS Mayor Cox read the proclamation and Councilmember Castaneda presented it to representatives of the U.S. Bureau of the Census. . PRESENTATION OF A PROCLAMATION TO TRACY LAMB, EXECUTIVE DIRECTOR OF THE CHULA VISTA OL YMPIC TRAfNING CENTER, DECLARfNG JUNE 23, 2009, AS OL YMPIC DAY IN THE CITY OF CHULA VISTA Mr. Lamb commented on the support by Mayor Cox and Mayors nationwide, of the bid to host the 2016 Olympic Games in Chicago. Rebecca Kelley, representing the YMCA, thanked the City and the Olympic Training Center for recognizing and supporting Olympic Day. Mayor Cox read the proclamation, and Deputy Mayor McCann presented it to Mr. Lamb. PRESENTATION OF THE "COOL CITIES AWARD" TO THE CITY, BY DON LEE, CO-CHAIR OF THE SIERRA CLUB GLOBAL WARMING COMMITTEE, RECOGNIZfNG THE CITY FOR ITS 17 YEARS OF LEADERSHIP fN ADDRESSfNG CLIMATE CHANGE Mr. Lee presented the award to Director of Conservation and Environmental Services Meacham and Councilmember Bensoussan, who accepted it on behalf of the City. Director Meacham thanked City staff for its work and the Councilmembers for past and current representation as members of the International Council for Local Environmental Initiatives (ICLEI). Page 1- Council/RDA Minutes June 23. 2009 /t!; - / DRAFT CONSENT CALENDAR (City Council and Redevelopment Agency Items) (Items 1-10) Items 1,3, and 10 were removed from the Consent Calendar due to Councilmember abstentions. 1. This item was removed from the Consent Calendar. 2. A. RESOLUTION NO. 2009-145, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR FIRST AVENUE ASSESSMENT DISTRICT 2007-01 B. RESOLUTION NO. 2009-146, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%) PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR FIRST A VENUE ASSESSMENT DISTRICT 2007-01 C. RESOLUTION NO. 2009-147, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2007-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO On December 4, 2007, the Council adopted Resolution No. 2007-272, certifying the results of the public hearing and assessment district ballot tabulation, and ordered the installation of improvements pursuant to the Improvement Act of 1913 (the "Block Act") and Article xmD of the Constitution of the State of California. On May 20, 2008, the Council adopted Resolution No. 2008-130 awarding a contract in the amount of $1,158,627.22 for the improvements (Project STL-303) to MJC Construction, Inc. The work is complete, and a resolution must be adopted to accept filing of the Engineer's Report on the cost of construction, to approve the deferral of assessments, to establish the rate of interest and financing period applied to deferrals for assessment, and to authorize the collection of assessments on the County tax roll. (Director of Public Works) Staffrccommendation: Council adopt the resolutions. 3. This item was removed from the Consent Calendar. 4. RESOLUTION NO. 2009-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLlCY AND PROCEDURE FOR FRAUD IN THE WORKPLACE The City of Chula Vista is committed to the proper use of public funds, safeguarding of public assets entrusted to the City, conducting its business by adhering to the highest ethical conduct, provide for the safeguarding of assets, and help deter and detect fraud and other irregularities. This policy sets specific guidelines regarding actions that must be followed for the investigation of suspected fraud and other irregularities. (Director of Finance) Staff recommendation: Council adopt the resolution. Page 2- Council/RDA Minutes June 23, 2009 / t3 ..- ;;J.. DRAFT CONSENT CALENDAR (Continued) 5. RESOLUTION NO, 2009-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT WITH SHEA HOMES, L.P. FOR TAPESTRY AT OTAY RANCH PHASE 4 AND ESTRELLA AT SAN MIGUEL RANCH PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD LIENS AND THE AGREEMENTS WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO The City ofChula 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. The Council has previously approved several payment plan agreements pursuant to the ordinance. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2009-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY, AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE "AVOID DUI" CAMPAIGN (4/5THS VOTE REQUIRED) The Police Department is a participating agency in a regional effort to reduce alcohol- involved fatalities and injuries and will be reimbursed on an overtime basis through grant funds from the California Office of Traffic Safety. (Police Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2009-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $15,000 FROM TI-IE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE DUI CORRIDOR SAFETY PROJECT (4/5THS VOTE REQUIRED) The Police Department is a participating agency in a regional effort to reduce alcohol- involved fatalities and injuries on Interstates 5 and 805 in San Diego County and will be reimbursed on an overtime basis through grant funds trom the California Office of Traffic Safety. (Police Chief) Staff recommendation: Council adopt the resolution. Page 3- Council/RDA Minutes June 23, 2009 1~-3 DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2009-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1,600 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5THS VOTE REQUIRED) Urban Area Security Initiative (UASI) funds address the unique equipment, training, planning and exercise needs of large, high-threat urban areas and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. The City of San Diego Office of Homeland Security, who manages UASI funds for the region, has authorized the Police Department to use UASI funds for training needs. (Police Chief) Staffrecommendation: Council adopt the resolution. 9.A. RESOLUTION NO. 2009-2007, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $400,000 FROM THE 2008 TAX ALLOCATION REFUNDING BONDS AS A REPAYMENT TO THE GENERAL FUND AND APPLYING THOSE FUNDS TOWARDS IMPROVEMENTS OF THE ANIMAL CARE FACILITY (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2009-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) ENTITLED "CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207)"; APPROPRIATING $400,000 FROM THE GENERAL FUND; AMENDING THE FISCAL YEAR 2009 CAPITAL IMPROVEMENT PROGRAM; AND APPROVING A DESIGN BUILD AGREEMENT WITH MJC CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207) IN THE CITY OF CHULA VISTA, CA (4/5THS VOTE REQUIRED) On June 16, 2009, Council approved an agreement for the PIMA Medical Institute to partner with the City of Chula Vista to expand and improve the Animal Care Facility. Adoption of the resolution amends the Fiscal Year 2009 Capital Improvement Program, establishes a new Capital Improvement Project, appropriates funds, and approves the design build agreement with MJC Construction Co. (Director of Public Works) Staff recommendation: Council and Agency adopt the resolutions. 10. This item was removed from the Consent Calendar. ACTION: Deputy Mayor McCann moved to approve staffs recommendations and offered Consent Calendar Items 2, 4 5, 6 7, 8, and 9, headings read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. Page 4- Council/RDA Minutes I~ -.Jj June 23, 2009 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR I. ORDINANCE NO. 2009-3131, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 2716 TO UPDATE THE POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE POGGI CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (SECOND READING AND ADOPTION) The Poggi Canyon Gravity Sewer Basin Development Impact Fee was established on November 25, 1997 to facilitate construction of the Poggi Canyon trunk sewer, which was needed to serve properties within the Poggi Canyon Basin. Adoption of the ordinance approves the tirst update to the fee, reducing the Poggi Canyon Sewer Basin Development Impact Fee from $400 to $265 per Equivalent Dwelling Unit. This ordinance was introduced June 16,2009. (Director of Public Works) ACTION: Councilmember Ramirez moved to adopt Ordinance No. 2009-313 I, heading read, text waived. Council member Castaneda seconded the motion and it carried 4-0-1, with Deputy Mayor McCann abstaining due to a property-related contlict. 3. A. RESOLUTION NO. 2009-148, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 18,20,23,24,26,31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.1 (ELMD # I), AND BAY BOULEVARD MAINTENANCE DISTRICT AND TI-IE SPREAD OF ASSESSMENTS THEREIN; DECLARING TI-IE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS B. RESOLUTION NO. 2009-149, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR TI-IE OPEN SPACE MAINTENANCE DISTRICT NO. I AND THE SPREAD OF THE ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS C. RESOLUTION NO. 2009-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR THE TOWN CENTRE MAINTENANCE DISTRICT AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS The City administers and maintains 36 open space districts and associated zones that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The City Council's approval of the levy is required by the first week of August in order to meet the deadlines established by the County Tax Assessor. This item allows for the assessment of currently approved levy amounts in order to ensure that the County Tax Assessor deadlines are met for all 36 of the City's open space districts. (Director of Public Works) Page 5- CouncillRDA Minutes June 23, 2009 /tS ~5 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve Item 3A - Resolution 2009-148, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 5-0. ACTION: Council member Castaneda moved to approve Item 3B - Resolution 2009-149, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-0-1, with Deputy Mayor McCann abstaining due to a property-related conflict. ACTION: Deputy Mayor McCann moved to approve Item 3C - Resolution 2009-150, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining due to a property- related conflict. 10. RESOLUTION NO. 2009-2008, 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 FOR ADVANCES IN AN AMOUNT ESTIMATED AT $900,000, BUT WILL BE BASED ON AVAILABLE FUND BALANCE AT FISCAL YEAR END (4/5THS VOTE REQUIRED) The Redevelopment Agency (RDA) is requesting an appropriation in order to repay the General Fund for advances the RDA has received in the past. Since the Redevelopment Agency's inception, the General Fund has advanced $30.8 million to the Redevelopment Agency as of the June 30, 2008 audited financial statements. The RDA has been unable to repay the General Fund in the past due to fund balance deticits. The actual amount of the repayment will be determined as part of the tiscal year end close to ensure that the RDA doesn't fall into a deficit. (Director of Finance) Chair Cox explained that Item 10 would require a four-fifths vote, but because of identified property-related conflicts of interest for Agency Members McCann and Ramirez, the City Attorney's Office sought the opinion of the Fair Political Practices Commission, and it was determined that by drawing names, either Agency Member McCann or Agency Member Ramirez would be able to participate and vote on the item. The draw by the City Clerk revealed that Agency Member McCann would participate, and that Agency Member Ramirez would abstain from voting on the item. ACTION: Agency Member McCann moved to approve Item 10 - Resolution 2009-2008, heading read, text waived. Agency Member Bensoussan seconded the motion and it carried 4-0-1, with Agency Member Ramirez abstaining. PUBLIC COMMENTS Earl Jentz, Chula Vista resident, requested that the City use tax increment money for areas in which the money was generated. Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, requested that the Council create a blue ribbon budget Committee, and pursue pension reform. Page 6- Council/RDA Minutes June 23. 2009 /13--0 DRAFT PUBLIC COMMENTS (Continued) Veronica Watkins, Chula Vista resident, requested that Council consider support of formation of a local task force for smoke free multi-unit housing. Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, announced the Chamber's annual golf tournament on July 24, 2009 to be held at the Salt Creek Golf Club. Carlos Lopez, Chula Vista resident, representing Communities Taking Action, stated the City needed a better planning process for its future energy needs, and suggested avoiding placement of energy facilities near residential communities. He then gave well wishes to Deputy Mayor McCann for a safe deployment. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, acknowledged Council members Ramirez and Bensoussan, and other groups and organizations that supported the California Energy Commission's denial of the MMC peaker power plant expansion. She then spoke in opposition to staff's proposed rezone of the Jade Bay Mobilehome Park. She also recommended that the City seek compensation from the park owner for expenses associated with hiring a bankruptcy attorney. Diana Vera, Chula Vista resident, thanked Councilmembcrs Ramirez and Bensoussan, as well as Assemblymcmber Salas and Congressman Filner tor their support of the California Energy Commission's denial of the MMC peaker power plant expansion. Ashley Campos, Chula Vista resident, representing Communities Taking Action, thanked Councilmembers Ramirez and Bensoussan for their support of the California Energy Commission's denial of the MMC peaker power plant expansion. Hugo Ivan Salazar, Chula Vista resident, representing Communities Taking Action, thanked Councilmembers Ramirez and Bensoussan for their support of the Calitornia Energy Commission's denial of the MMC peaker plant expansion. Willard Howard, Chula Vista resident, spoke in opposition to the City spending money on a special election and on providing severance pay to a fired employee, while it could not afford to pay for the Fourth of July fireworks. He also suggested that the Councilmembers not converse with each other while speakers were speaking. Jose Preciado, Chula Vista resident, suggested that the City consult with the community on future projects, rather than with developers or others who contribute to campaigns. He also stated that he hoped the Council would continue to advocate for the removal of the South Bay power plant and to include the community in the process. With respect to the City's budget, he spoke in opposition to the formation of a blue ribbon budget committee, stating that the five Councilmembers elected by the community were sufficient to work on the City's budget. He then wished Deputy Mayor McCann good luck on his upcoming military deployment. Page 7- Council/RDA Minutes June 23, 2009 /tS - 7 DRAFT PUBLIC COMMENTS (Continued) Isabelle Espino, Chula Vista resident, representing the Chula Vista Civic Association, thanked Deputy Mayor McCann for his support of reform in the City, and for his service to the Country. She stated that the reduced hours at the library on the East side of the City were inadequate. PUBLIC HEARINGS II. CONSIDERATION OF AMENDING CHAPTER XIV OF THE CITY'S MASTER FEE SCHEDULE On January 23, 2007, the City Council approved a comprehensive update to the Planning and Building Department fee schedule. Included within the fee schedule is a $1,127 fee to extend currently valid discretionary permits (e.g. design review and conditional use permits). As part of the on-going development review process streamlining effort, as well as an overall effort to assist in economic recovery, staff is proposing to establish a limited review permit extension fee of $150 for currently valid discretionary permits. (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. City Manager Sandoval explained that staffs proposal would lower fees on permit extensions to assist small businesses. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Deputy Mayor McCann suggested removal of any obstacles for small businesses getting started. Councilmember Bensoussan suggested getting the word out that more flexibility was being offered to assist businesses. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009- 157, heading read, text waived: RESOLUTION NO. 2009-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH A LIMITED REVIEW FEE FOR DISCRETIONARY PERMIT EXTENSIONS Councilmember Ramirez seconded the motion and it carried 5-0. Page 8- CouncillRDA Minutes jd-f June 23, 2009 DRAFT ACTION ITEMS 12. REPORT PROVIDING THE CITY'S INTENT TO GRANT A PERIOD OF TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL PUBLIC SAFETY FIRE EMPLOYEES (IF), MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALIPERS) This verbal presentation provided information on, and gave notice of, the City's intent to offcr an early retirement program to the City's Public Safety Fire Employees, pursuant to Government Code section 7507. (Human Resources Director) Human Resources Director Bacon presented the report. No action was taken by the Council on this item. 13. CONSIDERATION OF APPROVAL BY THE REDEVELOPMENT AGENCY OF AN AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT The Gateway Chula Vista Disposition and Development Agreement was approved June 6, 2000, for the development and operation of a phased First Class, First Quality mixed- usc commercial/office projcct. The first and second phases have bccn realized, however, the third and final phase will not meet the construction deadline of June 30, 2009. The seventh amendment to the agreement provides for changes to reflect the current anticipated construction timeframe for Phase III, and extends the Phase III completion date to December 31, 2014. (Dcputy City Manager/Development Services Director) Assistant Director of Redevelopment and Housing Crockett presented the proposed amendment to the Disposition and Development Agreement. The following members of the public spoke in favor of the proposed amendment: Lisa Cohen, Chula Vista resident, representing the Chamber of Commerce Reiner Leal, Chula Vista resident, representing Chula Vistans for Community Action Tiffany Vinson, Chula Vista resident, representing Chula Vistans for Community Action Michael Gorski, Chula Vista resident, representing Chula Vistans for Community Action Paula Whitsell, Chula Vista resident, representing Chula Vistans for Community Action Jose Cortes, Chula Vista resident Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, stated that she could support the extension of the agreement, but she spoke in opposition to further payment by the City to the developer. Ken Wright, Chula Vista resident, President, Northwest Civic Association, spoke in opposition to the extension as it was currently written, and suggested that all the text related to an education component be omitted since it was not indicated in the original document. He suggested adding a limit to the number of amendments allowed. He also suggested that the City show the public how the tax increment funding was being used. Page 9- CouncillRDA Minutes June 23, 2009 /6 -j' DRAFT ACTION ITEMS (Continued) Richard 0' Ascoli, San Diego resident, representing the Chula Vista Chamber of Commerce and the Chula Vista Redevelopment Advisory Committee, spoke in support of the proposed amendment. The following members of the public did not wish to speak, but submitted speaker slips in support of the proposed amendment to the Disposition Development Agreement: Dan Rosenberg, San Diego resident Tom Axson, San Diego resident Jim Reid, Santee resident Chris Greenlee, San Diego resident Sam Mendoza, Chula Vista resident Juan Pablo Mariscal, Del Mar resident Cecilia Mejia, Chula Vista resident Gaby Reyes, representing Chula Vistans for Community Action Gabe Gutierrez, Chula Vista resident, representing Chula Vista for Community Action Chair Cox commented that the addition of an educational component was purposeful, since people seeking an education typically find better jobs in the end, and during their free time, would have access to visit local restaurants and amenities. Agencymember Ramirez commented that it would be helpful if staff engaged the community about Redevelopment, examining its successes and failures, and to look at progression for future redevelopment in the City. ACTION: Chair Cox moved to adopt the following Redevelopment Agency Resolution No. 2009-2009, heading read, text waived: RESOLUTION NO. 2009-2009, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE SEVENTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) Agencymember Castaneda seconded the motion and it carried 5-0. 14. CONSIDERATION OF APPROVAL OF THE UNIVERSITY VILLAGES PROCESSING AGREEMENT AND AUTHORlZATION FOR THE CITY ATTORNEY'S OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE LEGAL WORK FOR THE UNIVERSITY VILLAGESIUNIVERSITY AND REGIONAL TECHNOLOGY PARK PROJECT In April and May of 2008, the City entered into two separate Land Offer Agreements ("LOAs") with two separate landowners/developers ("Developers") in order to secure land for a University and Regional Technology Park which is envisioned in the Chula Vista General Plan. The LOAs generally provide each Developer the opportunity to develop a maximum of 13,400 dwelling units combined between both ownerships (referred to collectively as the "University Villages Project" or "Project") in exchange for approximately 210 acres of land being conveyed to the City by the Developers for the City's use in ultimately implementing the University and Regional Technology Park. (City Attorney) Page 10- Council/RDA Minutes /13-/tJ June 23, 2009 DRAFT ACTION ITEMS (Continued) City Attorney MiesfeId presented his recommendation to the Council to retain the firm of Norton, Moore, Adams, LLP, to assist in the legal work for the project. He then spoke about Ms. Moore's extensive experience and previous work with the City Attorney's office, representing the City on all of its land use maters from 1995 to 2008. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in favor of retaining the law firm of Norton, Moore, Adams, LLP, but questioned how the City could afford to pay for the services. City Attorney Miesfeld responded that the developers would pay the fees. ACTION: Deputy Mayor McCann moved to adopt the following Resolution Nos. 2009-158 and 2009-159, heading read, text waived: A. RESOLUTION NO. 2009-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE UNIVERSITY VILLAGES PROCESSING AGREEMENT RESOLUTION NO. 2009-159, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY'S OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE LEGAL WORK FOR THE UNIVERSITY VILLAGES/UNIVERSITY AND REGIONAL TECHNOLOGY PARK PROJECT, AND AUTHORIZING THE CITY ATTORNEY TO ENTER INTO THE REQUISITE LEGAL SERVICES AGREEMENTS AND ANY AMENDMENTS THERETO B. Councilmember Castaneda secondcd the motion and it carried 5-0. OTHER BUSINESS 15. CITY MANAGER'S REPORTS City Manager Sandoval provided a report on the Nature Center, stating that on June 18, 2009, he rcceived a Lctter of Agreement from the Friends of the Nature Center that included its commitment to continue to work with the City and a check for $75,000 to the City, to sustain the Nature Center through December 31, 2009. He stated that staff was working towards a Memorandum of Understanding with the Nature Center to establish it as a non-profit organization. 16. MAYOR'S REPORTS Mayor Cox recognized and congratulated Chula Vista Police Department's Otlicers Jessica Severance and Andrca Longoria, who won first and second place, respectively, in the recent "'Battle of the Badges" regional boxing tournament. She reported that on June 24, 2009, Chula Vista Police Department would be hosting "Motor Day," working with County Law Enforcement agencies to enforce vehicle codes within the City. She stated that one more day remained for donations to the San Diego National Bank, located on Eastlake Parkway, for book donations to help raise money for the Make a Wish Foundation. She announced the upcoming "Rohr then, Goodrich now" pre-centennial fundraiser on Sunday, August 2, 2009, at Goodrich Aerostructures, with an ice-cream social and viewing of the Drop Hammer. Page 11- Council/RDA Minutes /6---11 June 23. 2009 DRAFT 17. COUNCILMEMBERS' COMMENTS A. Councilmember Ramirez: Consideration of a report from the Chargers Subcommittee, and possible disbandment of the Chargers Subcommittee. Councilmember Ramirez asked if the Chargers Subcommittee could provide a report. Deputy Mayor/Subcommittee Member McCann requested that the members of the public wishing to address the item be heard prior to the report. Jose Preciado, Chula Vista resident, spoke in favor of disbanding the Chargers Subcommittee. He suggested instead, that focus be placed on the Chula Vista land swap, removal of the South Bay Power Plant, and passage of the Environmental Impact Report for the bayfront. Mavor Cox noted written communication received on the dais from Jim Peterson, dated June 23, 2009, with a request to retire the stadium committee. Deputy Mayor McCann provided the Council with a handout and report by the San Diego Chargers Relocation Subcommittee meeting of June 8, 2009, explaining the potential benefits of a stadium in the City. Councilmember Castaneda commented that he had not indicated his support or opposition to a stadium in the City, but owed it to the community to address its questions on the matter. He further stated that should there be a proposed stadium site at the current power plant location, that the City could take a position on the matter, although the land was Port property. With respect to Councilmember McCann's upcoming military deployment, he spoke in favor of matters concerning the Chargers be brought before the full Council. City Manager Sandoval added that the two key issues to address on the matter would be I) financing for the development, and 2) removal of the South Bay Power Plant. Council member Bensoussan stated she wanted to dispel any myths about the Chargers. She stated that it was a myth that building a Chargers stadium would cause the South Bay Power Plant to be decommissioned. She clarified that the Council had made no decisions about the Chargers. She spoke in favor of suspending the Chargers Relocation Subcommittee. Councilmember Ramirez commented on the rationale for bringing the matter forward, stating that it had created a degree of unnecessary stress in the community with mixed signals being sent to the Port of San Diego, and concerns that the City was not clearly communicating its vision for the bayfront. He commented that his motivation to address the matter was to seek improved mechanisms for dealing with the issues, and to be clear on matters related to the power plant site. He noted that his intention was not to close the door on the Chargers, but to find better ways to communicate and address the subject. He suggested that Chargers enthusiasts join regionally to seek a funding method for the Chargers. He then suggested addressing the status of the subcommittee at a later time. Page 12- Council/RDA Minutes /6-/~ June 23, 2009 DRAFT COUNCILMEMBER COMMENTS (Continued) Mayor Cox clarified that her immediate goal for the bayfront was to see certification of the Environmental Impact Report by the Port, which would thcn make the City eligible for economic stimulus funding. She suggested that the Chargers come back with a proposal with ways to fund a stadium project and what land would bc needed. She suggested that in consideration of Councilmember McCann's impending military deployment, that any mattcrs regarding proposals by the Chargers come to the full Council. B. Deputy Mayor McCann: Considcration of Council budgets. Deputy Mayor McCann stated that he would leave notes for the Interim Council appointee regarding the Council budgets. Council member Castaneda spoke about the success of the "Battle of the Badges" boxing event and gave gratitude to the Latino Police Ofticers Association, Barona Casino, the Youth Athletic Council, and other participating organizations, for their work with the event. He also recognized the comraderie displayed by the many regional law enforcement agencies that participated in the event and raised money for at-risk youth. He thanked Deputy Mayor McCann for his military service, and wished him well on his deployment. Councilmember Bensoussan announced the recent opening of the Talavera Azul Restaurant that offered nighttime dining, and she urged the community to support local dining. She wished everyone a happy Fourth of July, and wished Deputy Mayor McCann success in the next chapter of his life. Councilmember Ramirez extended appreciatIOn on behalf of his family to Deputy Mayor McCann for his sacrifice related to his upcoming deployment, recognizing the impacts on Mr. McCann's family, and offered prayers for a speedy, safe return and any assistance to the McCann family during his absence. Deputy Mayor McCann commented on his orders to report for active duty, expressing his pride in scrvice. He thanked his colleagues for their kind words, the community for its well wishes, and thanked City employees. I-Ie spoke of his optimism about the City's future, and stated that he would be working with the City Attorney on the process for options to appoint an Interim replacement to serve in his absence. I-Ie lookcd forward to returning to his seat upon his return, and moving things forward for the City. Mayor Cox wished Dcputy Mayor McCann well on his deployment and a safe return. Mayor Cox announccd that the Council would reconvene in closed session to discuss Item 4 as posted on the June 23, 2009 Special Meeting agenda. Page 13- Council/RDA Minutes June 23, 2009 //.3-;3 DRAFT ADJOURNMENT Mayor Cox adjourned the meeting at 9:16 p.m. to reconvene the Special Meeting of the City Council in closed session. ~~ Lorraine Bennett, CMC, Deputy City Clerk Page 14- Council/RDA Minutes //.8 ./~ June 23, 2009