HomeMy WebLinkAbout2010/02/02 Agenda1 declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this ~~~ ~~
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-Z% Signed liY OF
CHUTA VISTA
-~ Cheryl Cox, Mayor/Chair
Rudy Ramirez, Council/Agency Member ~ James D. Sandoval, City Manager/Executive Director
Mitch Thompson, Interim CounciVAgency Member
Pamela Bensoussan, Council/Agency Member
Steve Castaneda, Council/Agency Member
Bart Miesfeld, City Attorney/Agency Counsel
Donna Norris, City Clerk
REGULAR MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY
AND PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA
February 2, 2010
4:00 p.m.
CALL TO ORDER
Council Chambers
City Hall -Building 100
276 Fourth Avenue
ROLL CALL: CounciUAgency Members Bensoussan, Castaneda, Ramirez, Thompson, and
Mayor/Chair Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
INTRODUCTION BY BETTY WAZNIS, LIBRARY DIRECTOR, OF EMPLOYEE OF
THE MONTH BOBBE BURCH, LIBRARY ASSOCIATE
PRESENTATION BY ENVIRONMENTAL SERVICES PROGRAM MANAGER
LYNN FRANCE, ENVIRONMENTAL RESOURCE MANAGER BRENDAN REED
AND ENVRONMENTAL HEALTH SPECIALIST MARISA FONTANOZ SORIANO,
OF THE NEWLY CERTIFIED CHULA VISTA CLEAN BUSINESSES
CONSENT CALENDAR
(Items 1-6)
The Council/Agency will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless aCouncil/Agency Member, a member of the public, or
staff requests that an item be removed for discussion. If you wish to speak on one of
these items, please ftll out a "Request to Speak" form (available in the lobby) and submit
it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 15.60 OF
THE MUNICIPAL CODE REQUIRING THE REGISTRATION OF ABANDONED
RESIDENTIAL PROPERTIES (SECOND READING AND ADOPTION)
The Development Services Department has prepared amendments to CVMC Section
15.60 Abandoned Residential Property Registration Program and a new Council Policy
governing the enforcement of CVMC Section 15.60. These proposed modifications were
prepazed in response to concerns raised by members of the local real estate sales industry.
These amendments and new Council Policy address several of the concerns which were
brought to the Department and City Council's attention over the last year. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance
2. RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN OPERATING AGREEMENT FOR
THE CHULA VISTA NATURE CENTER BETWEEN THE REDEVELOPMENT
AGENCY/CITY AND THE CHULA VISTA NATURE CENTER FOUNDATION,
AND APPROPRIATING $149,000 IN UNANTICIPATED REVENUE AND
DONATED FUNDS FOR CONTINUED OPERATIONAL EXPENSES AT THE
CHULA VISTA NATURE CENTER (4/STHS VOTE REQUIRED)
An Operating Agreement for the Chula Vista Nature Center (Nature Center) between the
City of Chula Vista, the Redevelopment Agency of the City of Chula Vista, and the
Chula Vista Nature Center Foundation (Foundation), formerly the Friends of the Chula
Vista Nature Center (Friends) has been developed, with a proposed effective date of
February 6, 2010. The City has operated the Nature Center in collaboration with the
Friends during the development of the operating agreement. Those operations have
continued to generate revenue, and the resolution appropriates that revenue, as well as a
portion of funds donated to support the Center. The appropriation of $149,000 will offset
operational costs incurred by the City over the last few months, and will also provide
operating funds for continuing services to be provided by the City for the remainder of
the fiscal year under the new operating agreement. (Director of Recreation and Nature
Center)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE
FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. IS-I
(OTAY RANCH -VILLAGE TWO) FOR A PORTION OF VILLAGE TWO OF THE
OTAY RANCH AND APPROVING THE ASSOCIATED ADVANCE DEPOSIT AND
REIMBURSEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID AGREEMENT
Page 2 -Council/RDA Agenda httu://www.chu]avistaca.QOV February 2, 2010
In compliance with Council Policy, Baldwin and Sons, LLC has submitted an
Application for establishing Community Facilities District No. 15-I ("CFD 15-I") to fund
the acquisition or construction of certain facilities associated with Otay Ranch Village
two (see attachment 1) in the amount of approximately $ 74 million. This amount may
change as a result of detailed analyses to be performed during district formation. Staff
has reviewed the Application and determined that the financial information provided is
preliminary and general in nature and that a complete analysis on the financial feasibility
of the project cannot be made at this time. Staff believes that adequate information and
analysis will be generated during district formation for evaluating the developer's
financial ability to bring the project to completion in compliance with the City's criteria.
Adoption of the resolution initiates the formal proceedings for the proposed CFD 15-I
and approves the form of a reimbursement agreement. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MEMORANDUM OF UNDERSTANDING FOR OPERATION OF
THE SAN DIEGO REGIONAL ENTERPRISE ZONE (SDREZ) PROGRAM
(OPERATING MOU) AND BUDGET BETWEEN THE CITIES OF CHULA VISTA,
SAN DIEGO, NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT,
COLLECTIVELY REFERRED TO AS THE "PARTNERSHIP", APPROVING THE
TARGET EMPLOYMENT AREA (TEA), AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE MOU BETWEEN THE CITY OF CHULA VISTA
AND THE STATE OF CALIFORINA HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT FINALIZING THE SDREZ
Adoption of this resolution will approve the Operating MOU and Budget between the
City of Chula Vista, cities of San Diego and National City and San Diego Unified Port
District for the San Diego Regional Enterprise Zone (SDREZ); approve the TEA for the
SDREZ; authorize the City Manager to approve the MOU between Chula Vista, San
Diego, National City and the State of CA - HCD for the SDREZ. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE 2009/2010 BUDGET OF THE THIRD AVENUE BUSINESS
IMPROVEMENT DISTRICT
In accordance with Chula Vista Municipal Code 2.22, the Town Centre Business and
Professional Association, known as the Third Avenue Village Association, is required to
submit annually, prior to the first day of March, a budget for the balance of the calendar
year for the expenditure of funds realized through the additional business license fee.
(Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Counci]/RDA Agenda htro~'/www.chulavistaca.gov February 2, 2010
6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH DR. DOROTHY DAVIDSON-YORK, DVM
FOR VETERINARY PREMISE PERMIT AND VETERINARY SERVICES
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING AN AGREEMENT WITH DR. VANESSA FLORES, VMD FOR ON-
SITE RELIEF VETERINARY SERVICES AT THE CHULA VISTA ANIMAL CARE
FACILITY
Adoption of the first resolution approves an agreement with Dr. Dorothy Davidson-York
DVM to provide the California Veterinary Premise Permit for the Animal Care Facility
and on-site veterinary services Monday through Wednesday. The second resolution
approves an agreement with Dr. Vanessa Flores, VMD for the provision of on-site
veterinary services for the remaining weekdays as well as relief veterinarian services as
needed by the Animal Care Facility. (Animal Care Facility Manager)
Staff recorrmiendation: Council adopt the resolutions.
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 that is not listed as an item on the
agenda. State law generally 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 future discussion or refer the matter to staff. Comments are
limited to three minutes.
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council/Agency/Authority and are expected to elicit discussion and deliberation. If you
wish to speak on arty item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
7. RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY
APPROVING ALEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA
VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE
EXECUTION AND DELIVERY OF THE 2010 CERTIFICATES OF PARTICIPATION
IN A PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000
Page 4 - CounciURDA Agenda hun:%'www.chulavistaca.~~ February 2, 2010
On January 20, 2009, the City Council endorsed the City Manager's "Fiscal Health Plan"
which included the review of the outstanding debt obligations to ensure that the City will
continue to meet its debt obligations and minimize the impacts to City services.
The City Council approved the bond sale and related bond documents at the January 26,
2010 City Council meeting. The Public Financing Authority (Authority) was unable to
approve the bond sale and related bond documents at the January 26, 2010 meeting
because the Authority had not established a "regular" meeting date as required by the
recent passage of Government Code Section 6592.1, which became effective on January
1, 2010. A regular meeting date for the Authority was established as the first meeting of
each month and was approved at the January 26, 2010 meeting by Board of Directors for
the Authority (City Council). (Director ofFinance/Treasurer)
Staff recommendation: Public Financing Authority adopt the resolution.
8. CONSIDERATION OF THE SECOND AMENDMENT TO THE RELOCATION
AGREEMENT BY & BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA
REDEVELOPMENT AGENCY, SAN DIEGO UNIFIED PORT DISTRICT AND
ROHR INC.
The City of Chula Vista, Redevelopment Agency of Chula Vista, San Diego Unified Port
District and BF Goodrich Aerospace Aerostructures Group have negotiated terms and
conditions of the second relocation agreement. Adoption of the resolution approves the
second amendment related to land uses that are contemplated in the Chula Vista Bayfront
Master Plan (CVBMP) or in conjunction with any other land use amendments on the
Chula Vista Bayfront. (Deputy City Manager/Development Services Director)
Staff recommendation: CounciUAgency adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SECOND
AMENDMENT TO THE RELOCATION AGREEMENT BY AND AMONG
THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, THE SAN DIEGO UNIFIED PORT DISTRICT
AND ROHR, INC., OPERATING AS GOODRICH AEROSTRUCTURES, AND
AUTHORIZING THE CITY MANAGER/EXECUTIVE DIRECTOR TO
EXECUTE THE SECOND AMENDMENT TO THE RELOCATION
AGREEMENT ON BEHALF OF THE CITY AND THE REDEVELOPMENT
AGENCY
9. CONSIDERATION OF GENERAL PLAN AND ZONING CODE CLARIFICATIONS
REGARDING THE SITING OF ENERGY GENERATION FACILITIES WITHIN THE
CITY
Page 5 - CounciURDA Agenda http:'www.clrulavistaca.gUV February 2, 2010
During 2008 and early 2009, the California Energy Commission's (CEC) review of
peaker power plant proposal in southwestern Chula Vista generated substantial debate
regarding interpretation of City General Plan and zoning code provisions for the location
of energy generation facilities. In consideration of feed back from interested parties,
Councilmember Ramirez inquired as to possibilities to clarify provisions regarding the
environmental justice subject matter. Staff has prepared preliminary concepts that could
improve clarity, and would like to share those with the Council for any input or direction
prior to refining and returning any amendments for formal consideration. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council accept the following report and give direction to staff:
REPORT ON PREPARATION OF POTENTIAL GENERAL PLAN AND
ZONING CODE CLARIFICATIONS REGARDING THE SITING OF ENERGY
GENERATION FACILITIES WITHIN THE CITY
10. CONSIDERATION OF A LEASE AGREEMENT WITH APEX POWER LLC TO SITE
A POWER GENERATION FACILITY
In March 2007 the Council directed staff to look for an alternative site for the South Bay
Power Plant. In May 2009 the Council approved draft business terms for a potential
lease agreement, and authorized staff to work with two private development power
generation companies that had expressed interest in developing the City-owned location
to submit a response to a Request for Offers extended by SDG&E. SDG&E has selected
one of those companies, Apex Power Group, LLC (Apex), for further negotiations and
discussions regarding its proposal on an energy generation facility that would be designed
to complement the intermittent load of renewable power sources such as solar and wind.
Adoption of the resolution directs staff to negotiate the final business terms for a lease
agreement for the proposed site for Council approval, subject to the California Energy
Commission's granting of an Application for Certification to Apex for the project.
(Director of Conservation and Environmental Services)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA:
(A) DIRECTING AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE TWO OPTION AGREEMENTS: (1) ONE
WITH APEX POWER LLC, TO LEASE CITY PROPERTY TO SITE A STATE
OF THE ART NATURAL GAS FIRED POWER GENERATION FACILITY,
AND (2) ONE WITH APEX POWER GROUP LLC, AND/OR SDG&E TO
LEASE, PURCHASE, OR OBTAIN AN EASEMENT ON, CITY PROPERTY
TO LOCATE A TRANSMISSION SUBSTATION, TRANSMISSION LINES
AND ASSOCIATED INFRASTRUCTURE TO INTERCONNECT THE
PROPOSED FACILITY; AND (B) DII2ECTING STAFF TO CONDUCT THE
NECESSARY ENVIRONMENTAL REVIEW AND THEN RETURN TO
COUNCIL FOR APPROVAL OF THE FINAL AGREEMENTS
Page 6 - CounciURDA Agenda http://www.chulaeistaca.aov February 2, 2010
OTHER BUSINESS
11. CITY MANAGER/EXECUTIVE DIRECTOR' S REPORTS
12. MAYOR/CHAIR'S REPORTS
13. COUNCIL/AGENCY MEMBERS' COMMENTS
• Councilmember Bensoussan:
Authorization to write and submit on behalf of the City Council, an argument
against the "Fair and Open Competition in Contracting Ordinance" measure for
the June 8, 2010 ballot.
ADJOURNMENT City Council adjourns to the next regular meeting of February 9, 2010, at
4:00 p.m.; Redevelopment Agency and Public Financing Authority
adjourn to their next regular scheduled meetings.
Materials provided to the City Council/Redevelopment Agency related to any open-session item
on this agenda are 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 with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, andlor participate in a City meeting, activity, or service, contact the City Clerk's Office
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 7 - CounciURDA Agenda http //www.chulavistaca.QOV February 2, 2010