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Home My WebLink About2010/02/23 AgendaI deCiare under penalty of perjury that I am ernployed by the City of Chula Vista in the ;`~~. Office of the City Clerk and that I posted this document on the bulletin board accor`pg/~ " Brown Act requirements. ``1l // ~u~ .` _.. Dated Z~i~y ie Signed~D1~~ .a ~ ~. ~~ CITY OF CHULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager Mitch Thompson, Interim Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember February, 23, 2010 4:00 p.m. CALL TO ORDER Council Chambers City Hall -Building 100 276 Fourth Avenue ROLL CALL: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items 1-7) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, 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 fill 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. APPROVAL OF MINUTES of October 27, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Bensoussan requesting an excused absence from the February 9, 2010 Council meeting. Recommendation: Council excuse the absence. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17, SECTION 17.35.050 OF THE CHULA VISTA MUNICIPAL CODE TO INCLUDE AN EXEMPTION FOR BRUSH MANAGEMENT ACTIVITIES CONDUCTED IN ACCORDANCE WITH SECTION 7.4.4 OF THE CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN (SECOND READING AND ADOPTION) The City of Chula Vista Multiple Species conservation Program (MSCP) Subarea Plan contains guidelines to implement brush management activities throughout the City where urban development interfaces with open space. The proposed amendments include minor text changes to the City's MSCP Subazea Plan to clarify the location and extent to which brush management activities aze performed, and amend Chapter 17.35.050 of the City's Municipal Code (Habitat Loss and Incidental Take Ordinance) to include anew exemption category authorizing brush management activities to be conducted without having to obtain a Habitat Loss and Incidental Take (HLIT) Permit. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA MID MANAGER/PROFESSIONAL ASSOCIATION FOR JANUARY 1, 2010 -JUNE 30, 2012 This is the first Memorandum of Understanding (MOU) between the City and the recently organized Chula Vista Mid Managers/Professional Association (CVMM/PROFA). The MOU details specific provisions pertaining to wages, benefits, terms and conditions of employment for unit members. During the negotiating process, Council approved in Closed Session, the terms and conditions contained herein. The MOU has been ratified by CVMM/PROFA's membership. Adoption of the resolution approves the MOU between the City and the CVMM/PROFA. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR A 3.9 ACRE PUBLIC NEIGHBORHOOD PARK SITE ON FOURTH AVENUE IN WESTERN CHULA VISTA A concept pazk master plan has been prepared for a park to be located adjacent to the South Chula Vista Library located at 341 Orange Avenue in the SDG&E easement. Adoption of the resolution approves the park master plan, and authorizes staff to hold a contest for acommunity-based park name. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution, and authorize staff to hold a contest for a pazk name. Page 2 -Council Agenda htm~//www.chulavistaca.n_ov February 23, 2010 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2010 LEGISLATIVE PROGRAM The Legislative Program is reviewed and updated each year to ensure that City staff will have the direction needed to respond to legislative proposals in accordance with the City Council's priority and preferences. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH WESTERN PUMP INC. FOR THE DESIGN AND CONSTRUCTION OF TWO FUEL TANKS (UNLEADED AND BIO-DIESEL), LOCATED AT THE JOHN LIPPITT PUBLIC WORKS CENTER IN THE CITY OF CHULA VISTA Adoption of the resolution approves a design build agreement with Western Pump Inc., for services required to design and construct two fuel tanks (unleaded and bio-diesel). (Director of Public Works) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. CONSIDERATION OF THE TRANSFER OF A LETTER OF CREDIT FOR $2.3 MILLION TO ANOTHER SECURED ACCOUNT AS. FINANCIAL ASSURANCE FOR MINING OPERATIONS UNDER THE STATE OF CALIFORNIA SURFACE MINING AND RECLAMATION ACT (SMARA) Page 3 -Council Agenda h[tp://www.chulavistaca.oov February 23, 2010 The existing letter of credit will expire on Mazch 1, 2010. Anew financial security has not been established by the current mine operator for mine reclamation activities required under the adopted Otay Valley Quarry reclamation plan. The City would transfer said funds from the Letter of Credit until the issues regarding financial assurance can be resolved, or reclamation activities aze commenced. Public Resources Code Section 2773.1 requires a mining operator to provide financial assurances for the duration of the mining operation or until reclamation is completed. Adoption of the resolution directs staff to transfer money from a letter of credit in the amount of $2.3 million, established for mine reclamation activities pursuant to the requirements of state mining law (SMARA), to another secured account (Deputy City Manager/Development Services Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO TAKE ALL ACTION NECESSARY TO SECURE FINANCIAL ASSURANCE ON THE OTAY VALLEY QUARRY, AS REQUIRED BY THE STATE OF CALIFORNIA SURFACE MINING AND RECLAMATION ACT (SMARA), INCLUDING EXERCISING ITS RIGHTS UNDER THE EXISTING LETTER OF CREDIT FOR $2.3 MILLION ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF ADOPTION OF A COMMUNITY GARDENS POLICY Beginning in early 2009, a coalition of community representatives, public health advocates, and elected officials expressed interest in establishing community gardens in the City of Chula Vista. Proponents noted that community gardens could play an important role in helping Chula Vista communities access fresh produce, engage in healthful low-intensity exercise, and develop a sense of neighborhood cohesion. Responding to this community interest, the City Council Westside Revitalization Subcommittee directed staff to prepaze a policy to facilitate the establishment of community gardens in the City. Advocates for the gazdens were asked to provide their input throughout the policy development process, and the resulting document takes those comments into account. The policy seeks to empower local groups and non-profits to take the lead in establishing community gardens on City-owned vacant land, with the City acting in a supporting role. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the following resolution: Page 4 -Council Agenda httn:/~www.chulavistacaQov February 23, 2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO ALLOW THE USE OF CITY- OWNED VACANT LANDS TO CREATE COMMUNITY GARDENS AND TO TAKE ANY AND ALL ACTIONS REQUIRED TO IMPLEMENT THE CREATION OF COMMUNITY GARDENS, ADOPTING THE "COMMUNITY GARDENS POLICY" AS COUNCIL POLICY TO PROVIDE GUIDANCE IN THE ESTABLISHMENT AND OPERATION OF COMMUNITY GARDENS ON CITY-OWNED VACANT LANDS, AND DIRECTING CITY STAFF TO CONSIDER ADDITIONAL LOCATIONS FOR THE ESTABLISHMENT OF COMMUNITY GARDENS AND TO MAKE RECOMMENDATIONS OF SUCH LOCATIONS TO CITY COUNCIL AS THE CURRENT PROGRAM PROGRESSES 10. CONSIDERATION OF ACCEPTANCE OF A PROGRESS REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION AND DIRECTING STAFF TO RETURN IN 180 DAYS WITH AN IMPLEMENTATION UPDATE The report outlines the City's progress in implementing the climate protection measures approved by City Council in July 2008. The new measures focus on lowering energy and water consumption, installing renewable energy systems, promoting alternative fuel vehicle use, and designing pedestrian and transit-friendly communities. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING THE 18-MONTH PROGRESS REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION AND (2) DIRECTING STAFF TO RETURN WITHIN 180 DAYS WITH ANOTHER IMPLEMENTATION UPDATE OTHER BUSINESS 11. CITY MANAGER'S REPORTS 12. MAYOR'S REPORTS 13. COUNCILMEMBERS' COMMENTS Councilmember Thomson: Consideration of authorization to submit a letter on behalf of the City, to the San Diego Board of Supervisors/Board of Commissioners of the Housing Authority, in support of allowing Project Based Certificates. Page 5 -Council Agenda htto'//www.chulavistaca oov February 23, 2010 ADJOURNMENT to the next Regular City Council Meeting on March 2, 2010, at 4:00 p.m., in the Council Chambers. Materials provided to the City Council 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 reguire special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Off ce at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 6 -Council Agenda httn://www.chulavistaca.Qov February 23, 2010