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HomeMy WebLinkAbout2010/04/20 Item 1 DRAFT MINUTES OF JOINT WORKSHOP OF THE CHULA VISTA REDEVELOPMENT AGENCY AND THE CHULA VISTA REDEVELOPMENT CORPORATION November 19,2009 4:00 p.m. A Joint Workshop of the Redevelopment Agency and the Chula Vista Redevelopment Corporation of the City ofChula Vista was called to order at 4:01 p.m. in the Council Chambers, located in City Hal!, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Redevelopment Agency Members Bensoussan, Ramirez, Thompson, and Chair Cox Chula Vista Redevelopment Corporation Directors Munoz, Paul, Salas, and Chair Lewis ABSENT: Redevelopment Agency Member Castaneda Chula Vista Redevelopment Corporation Directors Desrochers, Flores, and Reyes ALSO PRESENT: Executive Director/Chief Executive Officer Sandoval, Treasurer/Chief Financial Officer Kachadoorian, Redevelopment Agency Secretary/Redevelopment Manager Crockett, Deputy General Counsel Shirey, Deputy City ManagerlDevelopment Services Director Halbert, and Redevelopment Corporation Secretary Laughlin PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS There were none WORKSHOP I. PROPOSED FIVE YEAR REDEVELOPMENT IMPLEMENTATION PLAN The Redevelopment Agency is required to adopt a five-year redevelopment implementation plan by December 31,2009, for the Merged Chula Vista Redevelopment Project Area and the Merged BayfrontlTown Centre I Redevelopment Project Area for the period covering 2010-2014. Page I - Minutes - RDAlCVRC )fJ-1 November 19,2009 DRAFT The purpose of this workshop is to provide an overview of the proposed work program, provide the RDA financial forecast and provide any additional information as related to the Five-Year Implementation Plan. Staff recommendation: Hear the presentation and provide input on the Implementation Plan. Redevelopment Agency SecretarylRedevelopment Manager Crockett introduced the proposed Five-Year Redevelopment Implementation Plan. Project Coordinator Do provided information related to the Redevelopment Implementation Plan Work Programs for 2010-2014, including the descriptions, benefits and timelines. She noted that the Work Program is detailed more fully in Appendix B and updated copies of the Appendix had been distributed. Redevelopment Agency SecretarylRedevelopment Manager Crockett provided the financial forecast for the five-year implementation plan, including projections for a combined project area. Redevelopment and Housing Manager Mills provided information on the financial forecast for the Redevelopment Low and Moderate Income Housing Fund Principal Project Coordinator Hines provided the status on low and moderate-income housing projects produced to date to satisry the Agency's inclusionary housing requirements per State Redevelopment Law. Redevelopment Agency SecretarylRedevelopment Manager Crockett noted that the Five-Year Implementation Plan needed to be approved by the end of the year, and stated that it would be reviewed by the Redevelopment Corporation on December 10, 2009, and then the Redevelopment Agency on December 15, 2009. Members of the public wishing to speak in opposition, or who voiced concerns, included Chula Vista residents Theresa Acerro, David Danciu, and Earl Jentz. Concerns raised included potential expansion of the Redevelopment Project Area and the adequacy of public review ofthis program and its inclusion within the Plan. Ed Herrera spoke in favor of the outreach process and the programs included within the Plan. Staff responded to questions and concerns of the public and members of the Redevelopment Agency and Redevelopment Corporation. ADJOURNMENT At 6:18 p.m., Chair Cox adjourned the CVRC to its next Regular Meeting and the RDA to its next Regular Meeting. , n I~ . .~tmlr1~~[JGCw~ Patricia Laughlin, C Secretary Page 2 - Minutes - RDAlCVRC III --;}.. November 19, 2009 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 8, 2009 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3 :00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda (arrived at 3:18 p.m.), Ramirez (arrived at 3:13 p.m.), Thompson, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval and Assistant City Attorney Maland At 3:0 I p.m., the Council convened in Closed Session. CLOSED SESSION I. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 · Employee organization: Mid-Managers/Professionals Group . Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon, Bart Miesfeld, Maria Kachadoorian and Simon Silva. There was no reportable action taken on this item. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 · City Attorney This item was continued to December 15, 2009, and was not discussed. At 4:00 p.m., Mayor Cox adjourned the meeting, and convened in open session for the regular City Council meeting of December 8, 2009 in the Council Chambers. "",- ~rraine Bennett, CMC, Deputy City Clerk Page I - Council Closed Session Minutes , i IJ~ / ,I t.:.c?" December 8, 2009 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 8, 2009 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, Assistant City Attorney Maland, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Employee of the Month, Joe Gamble led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY · PRESENTATION CELEBRATING THE PARTNERSHIP BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS & ELECTRIC IN REMOVING TRANSMISSION TOWERS FROM CHULA VISTA'S BA YFRONT Mayor Cox directed the audience to a video displaying the removal by SDG&E, of the transmission lines on the Chula Vista Bayfront. She then introduced David Geier, representing SDG&E, who elaborated on the process undertaken to remove the transmission towers. Al Sotoa, Chula Vista Board of Ethics member and Jose Lopez, representing SDG&E, commented on the community benefits from removal of the towers. Mayor Cox expressed appreciation on behalf of the City Council for its partnership with SDG&E on the project, and she acknowledged the work by Assistant City Manager Tulloch and Director of Conservation and Environmental Services Meacham. · PRESENTATION BY MITCH COCHRAN, INFORMATION SYSTEMS MANAGER OF THE CITY OF MONROVIA, OF THE STATEWIDE MUNICIPAL INFORMATION SYSTEMS ASSOCIATION OF CALIFORNIA EXCELLENCE AWARD TO THE CITY OF CHULA VISTA INFORMATION TECHNOLOGY SYSTEMS DEPARTMENT Mitch Cochran, Information Systems Manager for the City of Monrovia, presented Information Technology Director Vignapiano with the award. Director Vignapiano accepted the award on behalf of the Information Technology department. Page I - Council Minutes / (!~ I December 8, 2009 DRAFT . INTRODUCTION BY GARY HALBERT, DEPUTY CITY MANAGER! DEVELOPMENT SERVICES DIRECTOR, OF EMPLOYEE OF THE MONTH JOE GAMBLE, LANDSCAPE PLANNER II Deputy City Manager/Development Services Directqr Halbert introduced Employee of the Month, Joe Gamble. Assistant Engineer Adler then acknowledged and congratulated Mr. Gamble on his outstanding work in landscape planning. Mayor Cox then read the proclamation and Councilmember Thompson presented it to Mr. Gamble. . OATHS OF OFFICE: Marissa Bejarano, Board of Appeals & Advisors Ramon Riesgo, Mobilehome Rent Review Commission Mayor Cox announced that Marissa Bejarano and Ramon Riesgo could not be present, and would be administered their oaths of office at the City Clerk's office. . PRESENTATION BY THE CITY'S CLEAN TEAM RECOGNIZING CHULA VISTA BUSINESSES - SPIRIT GRAPHICS, EL PRIMERO HOTEL, ARY A CLEANERS, AND HIGH TECH HIGH SCHOOL FOR RECEIVING THE "COOL CALIFORNIA SMALL BUSINESS AWARD" FROM THE CALIFORNIA AIR RESOURCES BOARD Environmental Health Specialist Castagnola recognized and introduced the COOL Californian Program award winners Spirit Graphics, Small Business of the Year Award; High Tech High School, Organization of the Year Award; EI Primero Hotel, Small Business Excellence Award; and Arya Cleaners, Small Business Excellence Award. CONSENT CALENDAR (Items 1-9) Mayor Cox stated that she would be registering a vote in opposition to Item 3, and Deputy Mayor Ramirez stated he would be abstaining from voting on Item 6. It was the consensus of the Council to move Item 12 to the Consent Calendar. 1. APPROVAL OF MINUTES of August 4 and August 6, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from the Development Services Department regarding the resignation of Matt Flach, Board of Appeals and Advisors. Staff recommendation: Council accept the resignation. Page 2 - Council Minutes If} - d- ,'" '-- , December 8, 2009 DRAFT CONSENT CALENDAR (Continued) 3. ORDINANCE NO. 2009-3145 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 20.04 OF THE CHULA VISTA MUNICIPAL CODE TO REQUIRE NO- COST RESOURCE AND ENERGY EVALUATIONS AS PART OF THE BUSINESS LICENSE PROCESS AND AMENDING THE CROSS REFERENCE IN CHAPTER 5.02 (SECOND READING AND ADOPTION) The proposed ordinance helps businesses with storefront or office locations identify opportunities to conserve resources and reduce their monthly utility costs, while not creating an impediment to the participating business's normal operations. The new ordinance's implementation would be tracked and regularly reported back to the City Council through the climate protection measures' biannual progress reports. The ordinance was introduced November ] 7, 2009. (Director of Conservation & Environmental Services) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2009-276, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING: (I) THE SUMMARY VACATION OF THE OPEN SPACE EASEMENT IDENTIFIED IN COUNTY DOCUMENT NO. 2001- 0272342; AND (2) ABANDONMENT OF THE RIGHT TO ACCEPT THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST IDENTIFIED IN COUNTY DOCUMENT NO. 2001-0272343 In 200], Otay Project LP granted an Irrevocable Offer of Dedication of Fee Interest for Open Space and other public purposes for 824.8 acres and an Open Space Easement for 254.7] acres to the Otay Ranch Preserve Owner Manager (POM) (a Joint Powers Authority comprised of the City of Chula Vista and the County of San Diego), to satisfy the Otay Ranch Preserve Conveyance Obligation. Otay Project LP has requested that the City vacate the Open Space Easement and abandon its right to accept the IOD, in exchange for a grant deed for property of equal acreage, but in a different location within the limits of the Resource Preserve. (Deputy City Manager/Development Services Director) Staffrecommendation: Council adopt the resolution. 5. RESOLUTION NO. 2009-277, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROGRAM SUPPLEMENT AGREEMENT NO. 009-M2 TO THE ADMINISTERING AGENCY-STATE AGREEMENT NO. ] 1-5203 FOR FEDERAL-AID PROJECTS WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING PRELIMINARY ENGINEERING FOR PROJECT BHLS-5203 (016), THE REPLACEMENT OF THE WILLOW STREET BRIDGE OVER THE SWEETWATER RIVER, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID AGREEMENT Page 3 - Council Minutes / ::3 I ~ .~.,>' December 8, 2009 DRAFT CONSENT CALENDAR (Continued) Federal Aid funds have been authorized from the "Highway Bridge Replacement and Rehabilitation Program" (HBRRP), which was later renamed and is currently referred to as the "Highway Bridge Program" (HBP),. for the City to perform Preliminary Engineering (PE) for the replacement of the Willow Street Bridge project. In order to receive additional reimbursements, the City must now execute an updated Program Supplement Agreement (PSA) that reflects the current Federal Aid fund allocations. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2009-278, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN/BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF ALL SEASONS PARK (CIP NO. PR279) TO REVISE THE GUARANTEED MAXIMUM PRICE The City Council previously approved CIP Project No. PR279 and the Master Plan for All Seasons Park, which conceptually designed and provided for the construction of a completed and fully functional 7.6-acre park. On May 15,2007, the Council approved a Design Build Agreement with Erickson-Hall Construction Co. for this park. The Design Build Agreement contained a not-to-exceed price of $2,015,343 with the guaranteed maximum price to be set upon receipt of 90% of the construction drawings. The project is nearing the end of the design phase and ready to start the construction phase. Adoption of the resolution approves the first amendment that will set the guaranteed maximum price at $2,499,438. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2009-279, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING PARTICIPATION IN THE METROPOLITAN TRANSIT SYSTEM'S (MTS) REQUEST FOR PROPOSALS (RFP) FOR COMPRESSED NATURAL GAS (CNG) FUELING FACILITIES UPGRADE AND MAINTENANCE The City's Compressed Natural Gas (CNG) fueling station has been operating since mid- 2002, and was built subsequent to 1998 Council direction to convert the Chula Vista Transit (CVT) fleet to 100% CNG fuel. The CNG station is currently maintained by Allsup Corporation and operated by the City's Central Garage. Since 96% of the fuel compressed by the City's CNG station is used by transit, staff recommends transferring the operating responsibility to a contractor in order to allow City staff to focus on the maintenance of City vehicles and equipment. Adoption of the resolution authorizes the City to participate in Metropolitan Transit System's request for proposals to select a contractor to operate the station. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes I [~tf December 8, 2009 DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2009-280, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BID PROCESS AS IMPRACTICAL AND AWARDING A PURCHASE AGREEMENT TOTALING $209,378 TO PEARPOINT, INC. FOR ONE SEWER TELEVISION INSPECTION V AN AND CLOSED CIRCUIT TELEVISION EQUIPMENT The fiscal year 2009/20 I 0 Sewer Fund budget provides for the replacement of one 1998 Sewer Television Inspection Van and Closed Circuit Television (CCTV) equipment. Wastewater Maintenance staff worked directly with Pearpoint, Inc. to acquire this vehicle, since it is a unique van that requires specialized equipment. Adoption of the resolution awards the purchase agreement to Pearpoint, Inc. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2009-281, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010 Over the last three fiscal years, the City of Chula Vista has experienced significant reductions in revenues as a result of the downturn in the development market and the overall economy. As a result, the City has adjusted expenditures to bring them in line with reduced revenues. State take-aways and borrowings represent additional revenue reductions, requiring additional expenditure adjustments at the local level. The Local Taxpayer, Public Safety and Transportation Act of 2010 is a ballot initiative that may be placed on the November 2010 statewide ballot. If approved, the initiative would limit the state's ability to interfere with local revenues. (City Manager) Staff recommendation: Council adopt the resolution. It was the consensus of the Council to include Item 12 with the Consent Calendar. 12. ORDINANCE NO. 3146, ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 20.12 OF TITLE 20 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO LANDSCAPE WATER CONSERVATION (SECOND READING AND ADOPTION) The State Legislature determined in the Water Conservation in Landscaping Act, Government Code sections 65591 et seq., that the State's water resources are in limited supply and that, while landscaping is essential to the quality of life in California, landscape design, installation, maintenance and management must be water efficient. The Water Conservation in Landscape Act mandates Cities to either adopt the State's Model Water Ordinance or to adopt an ordinance of equal or greater efficacy by January I, 2010. Staff has prepared this Landscape Water Conservation Ordinance to meet the State requirement. The ordinance was introduced November 17, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. Page 5 - Council Minutes I :-1 I - -- l-.. ...../ December 8, 2009 DRAFT CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendar Items I through 9 and Item 12, headings read, text waived. Councilmember Thompson seconded the motion and it carried 5-0, except Item 3, which carried 4-1, with Mayor Cox opposed, and Item 6, which carried 4-0-1, with Deputy Mayor Ramirez abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Antonia Ramirez asked the public not to support San Diego's Father Joe's homeless shelter. Anna Marie, representing Rico's on 3'd, stated concerns about the future of the South Bay Cruisers' "Blast from the Past" event. She asked that all parties come together on the matter. Mayor Cox stated that City staff was working on the matter. PUBLIC HEARlNGS 10. CONSIDERATION OF ADOPTING THE CHULA VISTA AIR QUALITY IMPROVEMENT PLAN GUIDELINES The City of Chula Vista's Growth Management Ordinance (CVMC 19.09) requires Air Quality Improvement Plans (AQIPs) to be prepared and submitted with all Sectional Planning Area (SPA) Plans and major projects consisting of 50 or more dwelling units. The focus of an AQIP is to demonstrate that the proposed project represents the best available design to improve air quality and energy efficiency. In 2003, the City Council approved the latest AQIP Guidelines, which were developed to provide direction in the preparation of AQIPs. Adoption of the resolution approves updates to the City's AQIP Guidelines to reflect advancements in quantitative modeling procedures, smart growth community site design principles, and updates to minimum baseline scores that projects must meet. (Deputy City ManagerlDevelopment Services Director) Associate Planner Laube provided an overview of the proposed Chula Vista Air Quality Improvement Plan Guidelines. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2009- 282, heading read, text waived: RESOLUTION NO. 2009-282, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE UPDATED CHULA VISTA AIR QUALITY IMPROVEMENT PLAN GUIDELINES (OCTOBER 2009) Councilmember Castaneda seconded the motion and it carried 5-0. Page 6 - Council Minutes / c-. 6 December 8, 2009 DRAFT PUBLIC HEARINGS (Continued) II. 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) Mayor Cox opened the public hearing and continued it to the meeting of December 15,2009, at the request of staff. ACTION ITEMS 12. It was the consensus of the Council to include Item 12 with the Consent Calendar. 13. CONSIDERATION OF ADDING CHAPTER 2.11 TO THE MUNICIPAL CODE, RELATING TO THE OFFICE OF THE ELECTED CITY ATTORNEY 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 elected officer of the City. Much of the Charter amendment is self-executing. However, portions of the measure either authorize or require further action by the Council. An ordinance addressing those provisions was presented to the Council on November 17,2009. The proposed ordinance incorporates amendments requested by the Council. (City Manager) Assistant City Attorney Maland stated that since this item involved the Office of the City Attorney, she would be recusing herself from participating in the discussion. She left the dais at 5:13 p.m. ACTION: Mayor Cox moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.11 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE OFFICE OF THE ELECTED CITY ATTORNEY Councilmember Castaneda seconded the motion and it carried 5-0. Deputy Mayor Ramirez requested that Mr. Hagerty come back to the Council within 30 days with information on ways that members of the Council may seek legal advice from an independent attorney in a way that would respect the will and intent of the City Charter amendment and control the cost of legal services. Mayor Cox suggested, and the Council concurred, that Deputy Mayor Ramirez submit his request in writing to Mr. Hagerty, with copies to the Council, after second reading of the ordinance, and that the matter be placed on a future agenda. Assistant City Attorney Maland returned to the dais at 5:18 p.m. Page 7 - Council Minutes -.-/ 11'_ ' / Co' December 8, 2009 DRAFT OTHER BUSINESS 14. CITY MANAGER'S REPORTS City Manager Sandoval infonned the Council that staff would be re-introducing the "Did You Know" segment to the Council Agenda. He stated that the City's bus fleet had recently received the last two CNG (compressed natural gas) buses, making the entire bus fleet non-diesel. He commented on the recent rainstonns in the region, and acknowledged staff on its foresight with the repair of four emergency drainage projects, and acknowledged the City's street crew on its clean-up efforts during the stonn. 15. MAYOR'S REPORTS Mayor Cox noted that she had invited Metropolitan Transit System (MTS) Vice Chair, Jerry Rindone to the December 15, 2009 Council meeting for an update on MTS bus service cutbacks, and she invited Port Commissioner Stephen Padilla to the January 5, 2010 Council meeting for an update. She spoke about the success of the recent Starlight Parade and thanked the Third A venue Village Association (T A V A) for coordinating the event, and thanked the Police Department and City staff for its presence at the event. She commented that the Christmas lights at City Hall were the result of a project between the Department of Conservation and Environmental Services, San Diego Gas and Electric, and Lowes, at a cost of $55.00 for the holiday season, and paid for by Lowes. 16. COUNCILMEMBERS' COMMENTS Councilmember Bensoussan announced a local art program coordinated by Third Avenue Village Association (TA V A) that included displays of local school students' artwork in Third A venue storefronts. She infonned City Manager Sandoval of a report of flooding in the area of Hilltop and I Street due to poor drainage. City Manager Sandoval responded that the matter would be referred to staff. Mayor Cox announced that the meeting would adjourn in memory of Anne Hedenkamp, and she spoke of Ms. Hedenkamp's many contributions to the community. ADJOURNMENT At 5:25 p.m., Mayor Cox adjourned the meeting in memory of Anne Hedenkamp, to the next Regular City Council Meeting on December 15,2009, at 4:00 p.m., in the Council Chambers. ~~ Lorraine Bennett, CMC, Deputy City Clerk Page 8 - Council Minutes / c- f December 8, 2009 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 10, 2009 2:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 2: 15 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox. ABSENT: None PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE INTERVIEWS 1. INTERVIEWS TO FILL VACANCY ON THE PARKS & RECREATION COMMISSION The City Council interviewed applicants Stewart Payne, John Serrano, and Harry Orgovan. ACTION: Councilmember Bensoussan moved to appoint John Serrano to the Parks and Recreation Commission. Councilmember Castaneda seconded the motion, and it carried 5-0. ADJOURNMENT At 3:20 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting of December 15,2009, at 4:00 p.m., in the Council Chambers. ~. Lorraine Bennett, CMC, Deputy City Clerk ~ Page 1 - Council Special Meeting Minutes J-' I ; j).-, " '-'" . December 1 0, 2009 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 15, 2009 3:00 P.M. A Special Meeting of the City Council ofthe City ofChula Vista was called to order at 3:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan (arrived at 3:06 p.m.), Castaneda (arrived at 3:07 p.m.), Ramirez, Thompson, and Mayor Cox ABSENT: None. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): . Two Cases No reportable action was taken on these items. At 4:00 p.m., Mayor Cox recessed the Special Meeting to convene the Regular City Council Meeting. Mayor Cox reconvened the Special Meeting at 10:21 p.m., with all members present. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 · City Attorney No reportable action was taken on this item. 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Employee organization: Mid-Managers/Professionals Group . Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon, Bart Miesfeld, Maria Kachadoorian and Simon Silva. ACTION: A motion to ratify the Bargaining Unit Contract with the Mid- ManagerslProfessional Group carried 5-0. Page I - Council Minutes ).f.-/ December 15, 2009 DRAFT CLOSED SESSION (Continued) ADJOURNMENT At 11 :00 p.m., Mayor Cox adjourned the meeting to the Regular City Council and Redevelopment Agency Meeting of January 5, 2010, at 4:00 p.m., in the Council Chambers. The Meetings of December 22 and December 29,2009 were cancelled. // /Lorraine Bennett, CMC, Deputy City Clerk Page 2 - Council Minutes I G..;;)- December 15,2009 DRAFT MINUTES OF A JOINT REGULAR MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA December 15, 2009 4:00 P.M. A joint Regular Meeting of the City Council and the Redevelopment Agency of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council! Agency Members Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox ABSENT: None ALSO PRESENT: City ManagerlExecutive Director Sandoval, City Attorney/General Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE San Diego County Office of Education Teacher of the Year, Eric Mabrey led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY · PRESENTATION BY THIRD AVENUE 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 Greg Mattson presented awards to the winners of the Holidays Around the World Best Theme Contest: Diane Morgan accepted the third place award for Church of God Prophecy; Martha Sanchez accepted the second place award for Children's Cultural Center Ballet; and Eric Mabrey accepted the first place award for Rancho Del Rey Middle School, Olympian High School, and Otay Ranch High School Bands. Glen Googins thanked the Council for its continued support of the event, and all future T A V A- sponsored events. · 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 Page 1 - CounciJ/RDA Minutes Ie - / December 15,2009 DRAFT SPECIAL ORDERS (Continued) John DeVore, Olympian High School Principal, recognized and congratulated Mr. Mabrey on his achievements with the school's music program and for receiving the San Diego County Teacher of the Year award. Mayor Cox then read the proclamation and Deputy Mayor Ramirez presented it to Mr. Mabrey. . PRESENTATION OF A PROCLAMATION TO JOE MEDINA, TEAM MANAGER/COACH FOR CHULA VISTA AZTECS IN CELEBRATION OF THE TEAM'S 50TH ANNIVERSARY AND IN RECOGNITION OF ITS JR. MIDGET DIVISION VICTORY AT THE 2009 SUPER Q BOWL Mayor Cox introduced Mike Kohler, team coach and manager, who thanked the Council for recognizing the team's achievements. He also thanked his fellow team coaches and parents for their support. Mayor Cox then read the proclamation and Councilmember Thompson presented it to Mr. Kohler. . DID YOU KNOW the Economic Development Division is helping small businesses succeed? Senior Project Coordinator Jones gave a presentation about the Economic Development Divisions' programs that offer support to small businesses. She also acknowledged the programs partnerships with the Chula Vista Chamber of Commerce and the San Diego County Economic Development Council. CONSENT CALENDAR (Items 1-11) Mayor Cox announced that the following items would be removed from the Consent Calendar: Item 4, from which Councilmember Bensoussan would abstain, Item 8, from which Councilmember Bensoussan and Deputy Mayor Ramirez would abstain, and Items 7 and 10 for discussion by Councilmember Castaneda. 1. APPROVAL OF MINUTES of August 6, 2009. Staff recommendation: Agency approve the minutes. 2. WRITTEN COMMUNICATIONS Letter ofresignation from Jolyn DePriest, Human Relations Commission. Staff recommendation: Council accept the resignation Page 2 - Council/RDA Minutes J F';). December 15, 2009 DRAFT CONSENT CALENDAR (Continued) 3. ORDINANCE NO. 3147, ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.11 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 elected officer of the City. Much of the Charter amendment is self-executing. However, portions of the measure either authorize or require further action by the Council. This ordinance was introduced on December 8, 2009. (City Manager) Staff recommendation: Council adopt the ordinance. 4. This item was removed from the Consent Calendar. 5. RESOLUTION NO. 2009-284, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA 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 THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT, AND (3) APPROPRIATING $1,362,997 TO THE ENERGY CONSERVATION FUND (4/5THS VOTE REQUIRED) 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) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2009-285, 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 offering 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 resolution. 7. This item was removed from the Consent Calendar. 8. This item was removed from the Consent Calendar. Page 3 - CounciliRDA Minutes IF-3 I . December 15,2009 DRAFT CONSENT CALENDAR (Continued) 9. A. RESOLUTION NO. 2009-288, 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 NO. 2009-289, 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 staff entered into negotiations with the staffs of these 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. This item was removed from the Consent Calendar. 11. RESOLUTION NO. 2009-2013, 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 THAT 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 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. ACTION: Mayor Cox moved to approve Consent Calendar Items 1 through 3, 5, 6, 9, and 11), headings read, text waived. Councilmember Thompson seconded the motion, and it carried 5-0. Page 4 - CouncillRDA Minutes I r,J/- December 15, 2009 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2009-283, 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 condominiwn project on 14.58 acres located at 825 East Palomar Street. (Deputy City ManagerIDevelopment Services Director) ACTION: Mayor Cox moved to adopt Resolution No. 2009-283, heading read, text waived. Deputy Mayor Ramirez seconded the motion, and it carried 4-0-1, with Councilmember Bensoussan abstaining. 7. RESOLUTION NO. 2009-286, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RMC WATER AND ENVIRONMENT PREPARING A W ASTEW A TER 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 researching 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) Councilmember Castaneda commented on the benefits of the feasibility study to City residents, including a goal to provide reclaimed water for parks and open space, and reduce sewage costs to ratepayers. Deputy Mayor Ramirez added that it was an important step towards the ability for the City to manage its own water resources, and he encouraged staff to look for similar opportunities in other areas of City services. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2009-286, heading read, text waived. Mayor Cox seconded the motion and it carried 5-0. 8. RESOLUTION NO. 2009-287, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING 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) Page 5 - CouncillRDA Minutes ! c-5 , December 15, 2009 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) On November 25, 2009, the Director of Public Works received sealed 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) City Attorney Miesfeld advised the Council to continue the item to a future date, since he was unaware of a conflict for Deputy Mayor Ramirez on the item. He noted that the potential conflict would require his review and advice from the Fair Political Practices Commission (FPPC). Deputy Mayor Ramirez explained that due to his affiliation with the construction industry, it was his preference to recuse himself from construction related items. He further stated that he did not have a conflict of interest with the subject contractor and would therefore rescind his recusal for the item. Mayor Cox requested for the future, that the City Attorney's Office provide the Council with up- to-date information on what was permitted by law for recusals. City Attorney Miesfeld stated that he was not in a position to advise Deputy Mayor Ramirez on his decision to rescind his recusal on the item, since he had not reviewed the matter. ACTION: Mayor Cox moved to adopt Resolution 2009-287, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Counci1member Bensoussan abstaining. 10. REPORT REGARDlNG 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 (DIF) 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 of reference. Local agencies are also required to make findings 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. Councilmember Castaneda questioned why the available funding for street improvements was not being utilized to improve traffic efficiency and safety, specifically the left turn signal at the intersection of First Avenue and E Street. Civil Engineer Rivera responded that staff was working on the left turn signal project, and with respect to the signal at First Avenue and E Street, he stated that the project also included a cross-gutter drainage project, and that staff would provide the Council with an update on the status of the project. Page 6 - CouncillRDA Minutes IF~(P , December 15, 2009 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to accept the report. Councilmember Castaneda seconded the motion and it carried 5-0. PUBLIC COMMENTS Thomas Edward Gibson, Chula Vista resident and owner of City Taxi, thanked the Council Offices, City Clerk's Office and Police Department staff for providing assistance with establishing his new taxi service in the City. He commented that the presence of police patrols in the City provided his business with a sense of safety. It was the consensus of the Council to take Item 20B out of order and addressed it at this time. 20. MAYOR/CHAIR'S REPORTS B. Update from Jerry Rindone, Vice-Chairman for the Metropolitan Transit System (MTS) MTS Vice-Chairman Jerry Rindone gave the Council an update on the MTS budget shortfalls that would result in necessary service adjustments by MTS to reduce bus route services on Sundays. He then introduced Mike Daney, Assistant Budget Manager for MTS, who provided the Council with handouts detailing the MTS fiscal year 20 I 0 Mid- Year Service Adjustments. Councilmember Bensoussan asked whether all of the Sunday bus routes would be eliminated. Mr. Rindone responded that bus routes were eliminated in all residential areas throughout the County, but that Routes 709 and 704 would have continued operation on Sundays. Councilmember Thompson asked about opportunities to provide shuttle services to help alleviate the bus route adjustments. Assistant Director of Public Works Hopkins responded that shuttle services would be costly, but that staff could review those types of services. Deputy Mayor Ramirez asked whether the unique needs of the various jurisdictions affected by the service adjustments was a consideration by MTS, and whether the action taken by MTS could be reversed. Mr. Rindone responded that the concern was universal among all communities and that services could be reversed. PUBLIC HEARINGS 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) Page 7 - CouncillRDA Minutes .c-1 December 15. 2009 DRAFT PUBLIC HEARINGS (Continued) 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. 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. 2009-290, heading read, text waived: RESOLUTION NO. 2009-290, 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 Councilmember Bensoussan seconded the motion and it carried 5-0. 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 The Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) 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. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009- 291, heading read, text waived: RESOLUTION NO. 2009-291, 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 Councilmember Thompson seconded the motion and it carried 5-0. 14. CONSIDERATION AN ORDINANCE ALLOWING THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2010 ANNUAL REPORT TO BE FOCUSED ON FIVE OF THE GROWTH MANAGEMENT PROGRAM'S QUALITY OF LIFE ISSUES Page 8 - CounciVRDA Minutes I r::.,r 0 !' t ;.' ;) December 15, 2009 DRAFT PUBLIC HEARINGS (Continued) 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) 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. Associate Planner VanderBie gave a presentation on the proposed abbreviated Growth Management Commission's 2010 annual report. Mayor Cox opened the public hearing. The following members ofthe public spoke in support ofthe proposed ordinance: Peter Watry, Chula Vista resident. Bryan Felber, Chula Vista resident, and Planning Commission representative on the Growth Management Oversight Commission. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to place the following Ordinance on first reading, heading read, text waived: 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) Deputy Mayor Ramirez seconded the motion and it carried 5-0. 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 for the next five years. It also provides an opportunity for the City of Chula Vista to define and delineate key policies and guiding principles. The plan also serves as an important educational resource about the role and goals of redevelopment. (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. Page 9 - CounciVRDA Minutes Ie_a December 15,2009 DRAFT PUBLIC HEARINGS (Continued) City Manager Sandoval noted that the proposed plan was required by state law to be adopted by December 31, 2009. He stated that staff recommendation was for adoption of the plan, not the specific projects within the plan. He then spoke about the need for housing rehabilitation in the west, and that the proposed plan would allow staff to collect and analyze information and to work closely with the community in western Chula Vista on issues, then return to the Council in approximately 18 months. Senior Deputy City Attorney Shirey gave an overview of Councilmembers' conflicts of interest and the procedure for considering the items, stating that Councilmember Castaneda would be abstaining on Item 15A, Deputy Mayor Ramirez and Councilmember Thompson would be abstaining on Item 15B. He further stated the City Attorney's office had determined that because staffs presentation would be focused on the five-year implementation plan, and not specific areas, the full Council could hear the presentation. Deputy City Manager!Development Services Director Halbert explained that the presentation would focus on the changes that had occurred as a result of a succession of a workshops, with emphasis on expansion in the redevelopment area. He then introduced Senior Project Coordinator Do and Assistant Director of Redevelopment and Housing Crockett, who presented the proposed redevelopment plan. Mayor Cox commented on correspondence she had received that stated there would be displacement of businesses on H Street. To that end, staff confirmed that approximately 200-250 jobs had come back into the Town Center I redevelopment area. Mayor Cox also confirmed with staff the Agency's receipt of matching funds and resulting grant funding for various redevelopment projects. Councilmember Bensoussan asked staff about constituent concerns regarding the displacement of residences should the project area boundaries be expanded to include residential areas. Staff member Crockett responded that the intent of the plan was to reinvest in infrastructure and in the neighborhoods, not take neighborhoods away. City Attorney Miesfeld noted that Proposition C prohibited the City or the Redevelopment Agency from taking residential property for private development. He added that Proposition 99 prohibited the City form taking owner-occupied residential properties through eminent domain. Mayor Cox opened the public hearing. David Danciu, Chula Vista resident, and member of the Five-Year Redevelopment Plan working group commented that the most controversial segment of the plan was the expansion of redevelopment into residential areas, which would start the process where the label of "blight" would be assigned to residential neighborhoods, and he suggested allowing the City's General Fund to grow without adding redevelopment acreage, and to strike the matter from the plan. Steve Molski, Chula Vista resident, spoke in opposition to the proposed plan. Cindy Gompper-Graves, member of the working group, spoke about the importance of reinvesting in the older area of the City. She commented on the need to leave all options on the table, including a look at an expansion into residential areas. She asked the Council for consideration to support the proposed redevelopment plan, and to ensure that existing businesses were not left behind with the new development. Page 10 - CouncillRDA Minutes J f'IO December 15,2009 DRAFT PUBLIC HEARINGS (Continued) Lisa Cohen, Chula Vista resident, representing the Chamber of Commerce, spoke of the need to involve all parties, and to look at all points of view. She encouraged ongoing studies of the City's gateways and corridors. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to adding residential to the redevelopment area, and in support of a pilot program. Earl Jentz, Chula Vista resident, spoke in opposition to the expansion of redevelopment into residential areas, stating that redevelopment takes away general fund money; redevelopment has had a history of problems; and affordable housing requirements for the area have already been met. He then provided the Council with a copy of a memorandum to residents from the Chula Vistans for Private Property Protection. Sal Salas, Chula Vista resident, spoke in support of the proposed plan, stating that investment in residential areas would relieve blight and enhance the quality of life in Chula Vista. Peter Watry, Chula Vista resident, representing Crossroads II, spoke in support of the proposed study if the purpose was to implement the Urban Core Specific Plan. Parks Pemberton, Chula Vista resident, commented on existing blighted areas in the City, and he suggested placing good tenants in vacant properties. Jackie Lancaster, Chula Vista resident, commented on a letter she previously submitted to the Council opposing the proposed plan to expand redevelopment area beyond that which had already been designated. Jack Stanley, Chula Vista resident, suggested removal of the Redevelopment Corporation, Redevelopment Department, and Redevelopment Agency, and to facilitate issuing building permits to cut expenses and allow development to progress. Charles Ulrich, Chula Vista resident, stated that funds should not be spent on studies with the current economy. He stated that staff had indicated at prior meetings that residential areas would not be affected by redevelopment. He added that Proposition C and Proposition 99 did not mean that the Redevelopment Agency could not condemn property to be used for public housing. Robert Garcia, Chula Vista resident, spoke in opposition to the proposed plan. Barbara Nunneley, Chula Vista resident, spoke in opposition to the proposed plan, and suggested improvements on existing infrastructure. Willard Howard, Chula Vista resident, spoke in support of redevelopment of business areas, not residential, and stated there was a need for improvements and maintenance of neighborhood infrastructure. Page 11 - CounciVRDA Minutes lC~J/ ... l ~ December 15,2009 DRAFT PUBLIC HEARINGS (Continued) David (Jim) Peterson, Chula Vista resident, submitted to the Council petitions from community members opposing the addition of any property to the proposed five-year redevelopment plan. Harold West, Chula Vista resident, spoke in support of the proposed plan and the resulting fiscal and environmental benefits to the community. He encouraged the Council to designate as much of the old part of the City as possible as a redevelopment area to improve the quality of life for its residents. Glen Googins, representing the Third Avenue Village Association (TA V A), stated that the Board had not taken an official position on the proposed implementation plan, although it had traditionally supported the City's efforts to redevelop the west side. He suggested a study of the options and together with stakeholders, see whether it would make sense to make any changes. Mayor Cox noted for the record, a speaker card submitted by Sally Bartlett, Chula Vista resident, who was not present at the meeting but had indicated opposition to the proposed redevelopment plan. Mayor Cox recessed the meeting at 7:30 p.m. The meeting reconvened at 7:48 p.m., with all members present. Deputy City Manager/Director of Development Services Halbert responded to comments by some of the speakers on the item. He clarified the use of the word "blight," stating that it was defined in State law that only those areas that met the definition of blight could be considered. Retail sales tax and transient occupancy tax would not be affected through including an area within the redevelopment area. He stated that the potential expansion of the redevelopment area was discussed with the working group after the Council Workshop in August 2009. He clarified that tax increment could be used for new improvements, such as sidewalks, and could not be used for maintenance or repairs, such as street re-surfacing. Regarding administrative funds within the Housing Authority, he stated that housing efforts were very staff intensive, but administrative costs were significantly reduced from previous years. Councilmember Bensoussan responded to the memorandum submitted by Earl Jentz to community members, commenting that the information in the memorandum was misleading. She stated that by expanding the boundaries to include residential, monies spent would improve the neighborhoods. She encouraged public dialogue and outreach on the matter should the Council approve the proposed plan. Deputy Mayor Ramirez stated that although he was not opposed to redevelopment, he was not convinced that the proposed plan was the right tool for achieving redevelopment in the City at this time. He further stated that a road map for redevelopment in the City had not been identified, and that he would not support the item. Councilmember Castaneda suggested that if the expansion effort was not necessary for the proposed plan, to remove it, and bring forward a separate proposal with an explanation of the scope of work, have dialogue with the community about its infrastructure needs, and a list of solutions and strategies. He stated that,he would not support the implementation plan as written, but would support it with the removal of the expansion plan. Councilmember Thompson stated that the City was moving in the right direction with the proposed plan, and that he was supportive of public dialogue on the matter. Page 12 - Council/RDA Minutes fF-/;).. December 15, 2009 DRAFT PUBLIC HEARINGS (Continued) Mayor Cox responded to some of the speakers' comments and noted the many successes of past redevelopment plans. She asked staff to use the proposed plan to turn it in to a documented timeline with the assistance of the public and the profes,sionals. Councilmember Bensoussan asked staff to look at including the Vogue Theatre site as a catalyst project. She suggested a Council Workshop to discuss a vision with a clear resolution, and spoke in support of a pilot program for the proposed plan. Councilmember Castaneda stated that should the item be approved by the Council, to have staff return with a scope of work, timeline, and dialogue with neighborhoods on whether to move forward with an expansion. He stated that he would also be supportive of looking at catalyst projects on Third Avenue. Due to a potential conflict of interest regarding the location of his property, Councilmember Castaneda left the dais at 9: 14 p.m. ACTION: A. ACTION: Mayor Cox moved to adopt the following Redevelopment Agency Resolution No. 2009-2014, heading read, text waived: RESOLUTION NO. 2009-2014, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A FIVE YEAR IMPLEMENTATION PLAN FOR THE MERGED BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (INCLUDING BA YFRONT AND TOWN CENTRE I) FOR THE 2010-2014 PERIOD Councilmember Bensoussan seconded the motion, and it carried 3-1-1, with Deputy Mayor Ramirez opposed, and Councilmember Castaneda abstaining. Councilmember Bensoussan moved to amend Redevelopment Agency Resolution No. 2009-2014, to include the Vogue Theatre as a possible catalyst project. Councilmember Thompson seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Councilmember Castaneda returned to the dais at 9:18 p.m. Due to potential conflicts of interest regarding the location of property they own, Deputy Mayor Ramirez and Councilmember Thompson left the dais at 9:18 p.m. ACTION: Mayor Cox moved to adopt the following Redevelopment Agency Resolution No. 2009-2015 as amended to exclude expansion of the residential in to the redevelopment area, with direction to have staff return to the Council with a report on how residential areas could be improved: I r ~../3 Page 13 - Council/RDA Minutes December 15,2009 DRAFT PUBLIC HEARINGS (Continued) B. RESOLUTION NO. 2009-2015, 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 V ALLEY, AND ADDED AREA) FOR THE 2010-2014 PERIOD Councilmember Bensoussan seconded the motion and it carried 3-0-2, with Deputy Mayor Ramirez and Councilmember Thompson abstaining.. Deputy Mayor Ramirez and Councilmember Thompson returned to the dais at 9:20 p.m. 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 Manager/Development Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was opened on the date and at the time specified in the notice. This item was continued to the meeting of January 26, 2009 at the request of staff. The item was not discussed and no action was taken. ACTION ITEMS 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 ofChula 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) Nature Center Director Martin and Dr. Joseph gave a presentation on the Nature Center's development plan, and provided information on the proposed extension of the transition of operations to the Friends of the Chula Vista Nature Center. Page 14 - Council/RDA Minutes IF -/f December 15, 2009 DRAFT ACTION ITEMS (Continued) ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2009- 292, heading read, text waived: RESOLUTION NO. 2009-292, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A APPROPRIATING $198,500 IN UNANTICIPATED REVENUE AND DONATED FUNDS FOR CONTINUED OPERATIONS AT THE CHULA VISTA NATURE CENTER Councilmember Castaneda seconded the motion and it carried 5-0. 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 fiscal 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) Finance Director Kachadoorian introduced the item. She then introduced Kenneth H. Pun, CPA, Caporicci & Larson Certified Public Accountants, who gave an overview and results of the City and Redevelopment Agency's audited financial statements. ACTION: Mayor Cox moved to accept the fiscal year 2008/2009 Financial Statements. Deputy Mayor Ramirez seconded the motion and it carried 5-0. OTHER BUSINESS 19. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS City Manager Sandoval stated that animal adoption fees at the Chula Vista Animal Shelter would be waived until December 19, 2009. He acknowledged and congratulated Paul Desrochers on receiving a lifetime achievement award by the California Redevelopment Association. 20. MAYOR/CHAIR'S REPORTS A. ACTION: ACTION: Consideration of appointment of Member, First Alternate, and Second Alternate to the SANDAG Board of Directors. Councilmember Bensoussan moved to apppoint Mayor Cox as member to the SANDAG Board of Directors. Mayor Cox recused herself from voting on the motion and turned the meeting over to Deputy Mayor Ramirez. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Mayor Cox abstaining. Mayor Cox moved to nominate Deputy Mayor Ramirez as first alternate to the SANDAG Board of Directors. Councilmember Bensoussan seconded the motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining. Page 15 - CouncillRDA Minutes IF ,j ,-. :'~ ;.:J December 15,2009 DRAFT OTHER BUSINESS (Continued) ACTION: Councilmember Bensoussan moved to nominate Councilmember Castaneda as second alternate to the SANDAG Board of Directors. Councilmember Thompson seconded the motion and it carried .4-0-1, with Councilmember Castaneda abstaining. B. Update from Jerry Rindone, Vice-Chairman for the Metropolitan Transit System (MTS) Item 20B was taken out of order and addressed after the Public Comments portion of the agenda. Mayor Cox encouraged the community to look at adopting a pet. She announced that City Hall would be closed during the furlough from December 25th through January 1, 2010, and information about City Hall closures would be available on the City's website. She noted that Port Commissioner Padilla had accepted the invitation to provide the Council with a Port update at the Council meeting of January 5, 2010. Mayor Cox commented that Richard D' Ascoli, representing the Pacific Southwest Association of Realtors, had submitted a speaker slip for Item 16 on the agenda, which was continued to the meeting of January 26,2010. To that end, Mr. D'Ascoli had asked whether any members of the Council would have an interest in sitting in on discussions about the Registration of Abandoned Residential Properties ordinance for neighborhood protection that would take place prior to the January 26, 2010 Council meeting. Councilmember Thompson offered to participate in the discussions and suggested including Sal Salas. Councilmember Bensoussan commented that there could be a conflict of interest with Mr. Salas' participation, since he represented banks and foreclosed properties. Mayor Cox requested the City Clerk to place under Mayor's Comments for the January 5, 2010 Council agenda, consideration of the appointment of Councilmembers Thompson and Bensoussan to work with the City Attorneys and representatives involved with the ordinance. Mayor Cox reported that the County had joined the pilot stage of California FIRST, to provide loans to property owners for the installation of alternative energy systems on residential and commercial buildings, and she requested staff to place the matter on the January 12, 2009 Council agenda for Council consideration. Mayor Cox commented on the importance ofremembering the military serving the country. She also recognized the work by the City's safety personnel who would be working during the holidays. 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 Page 16 - Council/RDA Minutes / F- / ~ December 15, 2009 DRAFT OTHER BUSINESS (Continued) Councilmember Castaneda explained the reason for consideration to file a late protest and notice to intervene on a case before the Federal Energy Regulatory Commission was to question the amount of money Dynergy Corporation was charging, rate payers, and to ask the Independent System Operator (ISO) to provide specific information on how it arrived at the decision to encumber operation of the South Bay Power Plant for another year and beyond, He further explained that the filing of the proposed protest would provide the Council the ability to review documents to determine whether the ISO was dealing in earnest with the City regarding the South Bay Power Plant ACTION: Councilmember Castaneda moved to file a late protest to the Federal Energy Regulatory Commission to include the City as in intervener, and to look at all documentation and associated cases. Councilmember Bensoussan seconded the motion and it carried 5-0. Councilmember Bensoussan referenced Item 5 on the Consent Calendar, and acknowledged the work by Conservation and Environmental Services Director Meacham and staff, together with SDG&E, for the energy efficient programs and services. Councilmember Thompson stated that the Chula Vista Aztecs football team had embarked upon fundraising efforts to enable the team to participate in an upcoming tournament in Florida, and anyone interested in contributing towards the effort could contact his office. Mayor Cox recessed the meeting at 10:21 p.m. to reconvene the Special Meeting in closed sessIOn. 2-- ~C;'YCM Page 17 - Council/RDA Minutes JC-J; 5 I! December 15,2009