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Home My WebLink About2009/12/15 Agenda ._JL.,.IC';";; urlU8i penally at perjury that I am ,mployed by the City of Chula Vista in t~t~! I.~ Ofiice of the City Clerk and nlat I post~IJ ~ locument on the bulletin board acc'~ wn Act requir nJents. '~~~~ 1/ of Signed~srA "_~~~;",.:.,'~:,~ -1:" ..:' ':~ ~;~ ~-~.., '-~'--"""'':'>''''.'''"'''''' -. Ii'''"-. V,.- ~- -I" -.---'--- '.~~ff,! .t.'::fi;~jl;;~t:ff;;hq~~ ~i'f€. ~-"~t:'1!:".:-:;]~:tt.....,.,..,.~,,,~ ~~, ',;~'" ,,,,'~__'_,,'_~_4~<_"'..::r.~<',,,,, .' _ ~..,. "". < ". /lYe/uk Cheryl Cox, Mayor/Chair Rudy Ramirez, Council/Agency Member James 0_ Sandoval, City Manager/Executive Director Mitch Thompson, Interim Council/Agency Memher Bart Miesfeld, City Attorney/Agency Cuunsel Pamela Sensoussan, Council/Agency Member Donna Nurris, City Clerk Steve Castaneda. Council/Agency Member December i5, 2009 4:00 p.m. Councii Chambers City Hall - Building i 00 276 Fourth Avenue CALL TO ORDER ROLL CALL: Council/Agency Members Bensoussan, Castaneda, Ramirez, Thompson, and Mayor/Chair Cox PLEDGE OF ALLEGiANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY THIRD A VENUE VILLAGE ASSOCIATION PRESIDENT GLEN GOOGINS, AND INTERIM EXECUTIVE DIRECTOR GREG MATTSON, OF AWARDS TO THE FIRST, SECOND, AND THIRD PLACE WINNERS OF THE 47TH ANNUAL STARLIGHT PARADE'S "HOLIDAYS AROUND THE WORLD" BEST THEME CONTEST . PRESENTATION OF A PROCLAMATION TO ERIC MABREY, OLYMPIAN HIGH SCHOOL TEACHER, FOR BEING RECOGNIZED AS ONE OF FIVE 2009/2010 TEACHERS OF THE YEAR BY THE SAN DIEGO COUNTY OFFICE OF EDUCATION . PRESENTATION OF A PROCLAMATION TO JOE MEDINA, TEAM MANAGER/COACH FOR CHULA VISTA AZTECS IN CELEBRA nON OF THE TEAM'S 50TH ANNIVERSARY AND IN RECOGNITION OF ITS JR. MIDGET DIVISION VICTORY AT THE 2009 SUPER Q BOWL . DID YOU KNOW the Economic Development Division is heiping small businesses succeed? CONSENT CALENDAR (Items 1-11) The Council/Agency will enact the Consent Culendar staff recommendations by one motion, without discussion, unless u Council/Agency iv/ember, a member of the public, or staff requests that an item be removed Jilr discussion If you wish to speuk on one of these items, pleuserzll alii a "Request to Speak "fimn (available in the lobby) and submit it to the City Clerk prior to the meeting Items pulledfi'om the Consent Calendar will be discussed immediately following the Consent Calendar, I , APPROVAL OF MINUTES of August 6, 2009, Staff recommendation: Agcncy approve the minutes, 2, WRITTEN COMMUNICATIONS Lettcr of resignation from Jolyn DePriest, Human Relations Commission, Staff recommendation: Council accept the resignation 3, ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2,1 I TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE OFFICE OF THE ELECTED CITY ATTORNEY (SECOND READING AND ADOPTION) In November 2008, the residents of the City of Chula Vista voted to amend the City Charter to make the Chula Vista City Attorney an e1ccted officer of the City, Much of the Charter amcndment is sclf:executing, However, portions of the measure eithcr authorize or require further action by the Council, This ordinance was introduced on December 8, 2009, (City Manager) Statfrecommendation: Council adopt the ordinance, 4, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF MISSIONS AT SUNBOW, CHULA VISTA TRACT NO, 06-02 FOR CONDOMINIUM CONVERSION PURPOSES AND THE ASSOCIATED SUPPLEMENTAL SUBDIVISION AGREEMENT Chula Vista Tract No, 06-02, Missions at Sunbow, is a 336-unit condominium project on 14,58 acres located at 825 East Palomar Street (Deputy City Manager/Dcvelopment Services Director) Statlrecommendation: Council adopt the resolution, 5, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-IULA VISTA (I) APPROVING A 3-YEAR AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE $4,088,991 FOR ENERGY EFFICIENCY PROGRAMS AND SERVICES, (2) AUTHORIZING TI-IE CITY MANAGER TO EXECUTE TI-IE AGREEMENT AND ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT, AND (3) APPROPRIATING $1,362,997 TO THE ENERGY CONSERV ATION FUND (4/5THS VOTE REQUIRED) Page 2 - Council/RDA Agenda htto:l/ww\\!. c hula vistaca. e.ov December] 5,1009 The Local Government Partnership between the City of Chula Vista and San Diego Gas & Electric (SDG&E) supports energy efficiency services to local residents, businesses, and City operations that reduce the amount of electricity and natural gas consumed and lower monthly utility costs. The proposed agreement would extend the partnership through December 2012 and provide $4,088,991 ($1,362,997 per calendar year) in funding. (Conservation & Environmental Services Director, Director of Public Works, Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2010 The Internal Revenue Code requires that employers ofTering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. Adoption of the resolution will fulfill this requirement. (Director of Human Resources) Staff recommendation: Council adopt the rcsolution. 7. RESOLUTION OF TI-IE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RMC WATER AND ENVIRONMENT PREPARING A WASTEWATER RECLAMATION FACILITY FEASIBILITY STUDY On September I, 2009, the City Council approved an agreement between the City and Otay Water District for joint participation in hiring a consultant to prepare a wastewater reclamation facility feasibility study. City staff has been rcsearching options available to meet the City's long-term sewer capacity needs. One option being explored is constructing a sewer treatment facility in Chula Vista that would be able to treat sewage to current recycled water standards. Adoption of the resolution approves an agreement with RMC Water and Environment for the preparation of a feasibility study. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF TI-IE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING THE CONTRACT FOR THE "ADA CURB RAMPS FISCAL YEAR 2008/2009 (STL348)" TO ASAP GENERAL ENGINEERING IN THE AMOUNT OF $150,585; AND AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE PROJECT (4/5THS VOTE REQUIRED) On November 25, 2009, the Director of Public Works received scaled bids for this project. The work to be done consists of the installation of pedestrian ramps and other concrete .improvements at various locations within the southwest region of the City. Adoption of the resolution awards the contract to ASAP General Engineering and authorizes the Director of Public Works to expend all available funds in order to maximize the number of pedestrian ramps to be installed. (Director of Public Works) Statl recommendation: Council adopt the resolution. Page 3 - Council/RDA Agenda htto:/ /www.elluI3vistaca.!lov December 15, 2009 9. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF LEMON GROVE TO PROVIDE ANIMAL CARE AND ANIMAL CONTROL SERVICES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH TO PROVIDE ANIMAL CARE AND ON-CALL ANIMAL CONTROL SERVICES AND ELIMINATING ONE ANIMAL CONTROL OFFICER FROM THE AUTHORIZED POSITION COUNT OF THE ANIMAL CARE FACILITY DEPARTMENT The City of Chula Vista has provided animal care and animal control services to the cities of Lemon Grove and Imperial Beach as well as animal care services to National City for many years. In the spring of 2009 City of Chula Vista statf entered into negotiations with the staffs of thcse cities to update the language of the respective agreements to include the goal of providing full cost recovery for services provided by Chula Vista. This action would approve the updated agreements with Lemon Grove and Imperial Beach. Negotiations with National City staff are nearing completion. (City Manager) Staff recommendation: Council adopt the resolutions. 10. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2009 State Government Code Section 66000 requires local agencies assessing Development Impact Fees (DlF) and sewer capacity charges to make available specified financial data to the public each fiscal year. These reports satisfy that requirement and have been available in the City Clerk's office for public review since December 4,2009. The report on Parkland Acquisition and Development (PAD) fees have been included in the same report for ease ofrcference. Local agencies are also required to make tindings every five years for any DIF funds remaining unexpended. This year, the City has not identified unexpended fees that were on deposit for five or more years. (Deputy City Manager/Development Services Director, Director of Finance, Director of Public Works) Staff recommendation: Council accept the report. 11. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A) ACCEPTING 2008/2009 FISCAL YEAR END FINANCIAL REPORTS; AND (B) FINDING THA T PLANNING AND ADMINISTRATIVE COSTS CHARGED TO THE HOUSING FUND IN FISCAL YEAR 2008/2009 WERE NECESSARY FOR THE PRODUCTION, IMPROVEMENT, OR PRESERVATION OF LOW AND MODERATE INCOME HOUSING Page 4 - CouncillRDA Agenda httD :I/www.chulavistJca.!LoY December 15, 2009 The Chula Vista Redevelopment Agency is required to prepare an annual report for consideration by its Board. Additionally, State code requires agencies to determine annually that planning and administrative charges to the Low and Moderate Income Housing Fund are necessary for the production, improvement, or preservation of affordable housing. Adoption of the resolution accepts the report and approves the findings. (Director of Finance, Deputy City Manager/Development Services Director) Staff recommendation: Agency adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the Council/Agency's jurisdiction thilt is not listed as iln item on the agenda. State law gcnerally prohibits the Council/Agency from discussing or taking action on any issue not included on the agenda, but. if appropriate. the Council/Agency may schedule the topic for jitfure discussion or refer the mattcr to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(.v) have been advertised as public hearing(s) as required by law. If you wish to speak on any item. pleasejill out a "Request to Speak "jimll (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. CONSIDERING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected owner occupied properties and ultimately placed on the property tax bills for collection. (Director of Finance) Statf recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL ___13. CONSIDERING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 5 - Council/RDA Agenda httD:/ /www.chu]avistac3.g0V December 15,2009 The Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to bc assessed as recorded liens upon thc affccted properties and ultimatcly placed on the property tax bills for collection. (Director of Finance) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 14. CONSIDERATION AN ORDINANCE ALLOWING TI-IE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2010 ANNUAL REPORT TO BE FOCUSED ON FIVE OF THE GROWTH MANAGEMENT PROGRAM'S QUALITY OF LIFE ISSUES The Chula Vista Municipal Code requires the Growth Management Oversight Commission (GMOC) to prepare an annual report, focusing on eleven quality of life issues. Adoption of the ordinance allows the 2010 GMOC Annual Report to be abbreviated by focusing on five of the eleven issues, including Fire, Fiscal, Libraries, Police, and Traffic. (Deputy City Manager/Development Services Director) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2010 ANNUAL REPORT TO BE FOCUSED ON FIVE OF THE GROWTH MANAGEMENT PROGRAM'S ELEVEN QUALITY OF LIFE ISSUES, INCLUDING: FIRE FISCAL, LIBRARIES, POLICE AND TRAFFIC (FIRST READING) 15. CONSIDERATION OF THE 2010-2014 REDEVELOPMENT IMPLEMENTATION PLAN AS REQUIRED BY REDEVELOPMENT STATE LAW The Five Year Redevelopment Implementation Plan is required by State redevelopment law and provides a strategic work plan to facilitate successful redevelopment l'or the next five years. It also provides an opportunity for the City of Chula Vista to detine and delineate key policies and guiding principles. Thc plan also serves as an important educational resource about the role and goals of redevelopmcnt. (Deputy City Manager/Development Services Director) Staff recommendation: Agency conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A FIVE YEAR IMPLEMENTATION PLAN FOR THE MERGED BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (INCLUDING BA YFRONT AND TOWN CENTRE I) FOR THE 2010-2014 PERIOD Page 6 - CouncillRDA Agenda htto:l/www .chu Ia vista ca. gOY December IS, 2009 B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A FIVE YEAR IMPLEMENTATION PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (INCLUDING TOWN CENTRE II, SOUTHWEST, OTA Y VALLEY, AND ADDED AREA) FOR THE 2010-2014 PERIOD 16. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING SECTION 15.60 OF THE MUNICIPAL CODE AND A COUNCIL POLICY RELATED TO ABANDONED RESIDENTIAL PROPERTIES (Deputy City ManagerlDevelopment Services Director) Staffrecommendation: Council continue the public hearing to January 26, 2009. ACTION ITEMS The Itcm(;:J listed in this section of the agenda will be considered individually by the Council/Agency and are expected to elicit discussion and deliberation. If you wish to speak on any item. please fill out a "Request to Speak"/orm (available in the lobby) and submit it to the City Clerk prior to the meeting. 17. REPORT REGARDING PROGRESS ON THE TRANSITION OF OPERATIONS AT. THE NATURE CENTER TO THE FRIENDS OF THE CHULA VISTA NATURE CENTER AND EXTENSION OF THE TRANSITIONAL PERIOD FOR SIXTY (60) DAYS The City of Chula Vista and the Friends of the Chula Vista Nature Center (Friends) have agreed to a 60-day extension of the original transition date of December 31, 2009 in order to finalize the details of an operating agreement. The City will continue to operate the Nature Center during the transition in collaboration with the Friends. Adoption of the resolution appropriates additional revenues received during the past 60 days, which will allow the City to continue to operate the Center for another 60 days, and will provide adequate funding for agreed-upon City-provided services for the remainder of the fiscal year. (Director of Recreation and Nature Center) Staff recommendation: Council accept the report and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $198,500 IN UNANTICIPATED REVENUE AND DONATED FUNDS FOR CONTINUED OPERATIONS AT THE CHULA VISTA NATURE CENTER (4/5TI-IS VOTE REQUIRED) 18. CONSIDERATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2009 Presented for City Council and Redevelopment Agency information and acceptance are the Audited Financial Statements for the tiscaI year ended June 30, 2009, as prepared by the independent audit firm of Caporicci & Larson. The audit reports submitted for the City and Agency have received unqualified (clean) opinions from the independent audit firm. (Director of Finance) Staff recommendation: Council and Agency accept the fiscal year 2008/2009 Financial Statements. Page 7 - Council/RDA Agenda htto:l/www.chu lavistac::l. ~ov December 15,2009 OTHER BUSINESS 19. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS 20. MA YOR/CHAIR'S REPORTS A. Consideration of appointment of Member, First Alternate, amI Second Alternate to the SANDAG Board of Directors. B. Update from Jerry Rindone, Vice-Chairman for the Metropolitan Transit System (MTS) 21. COUNCIL/AGENCY MEMBERS' COMMENTS A. Councilmember Castaneda: Consideration of the City filing as an intervener with Federal Energy Regulatory Commission (FERC) on Dynegy Southbay, LLC, Docket No. 10-166-000 AD./OURNMENT City Council and RDA adjourn to the next regular meeting on January 5, 2009, at 4:00 p.m.; the meetings of December 22, and 29, 2009 have been cancelled. fylaterials provided to the City Council/Redevelopment Agency related to any open-session item on this agcndllllre available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance witll tile AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, a/lend, and/or participate in a City meeting, llctivity, or scrvice, contact the City Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 8 - CouncillRDA Agenda httn :llwww.chulavistaca.2ov December 1 S, 2009