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CHULA VISTA
® Cheryl Cox, Mayor/Chair
Rudy Ramirez, Council/Agency Member James D. Sandoval, City Manager/Executive Director
Mitch Thompson, Interim CounciVAgency Member Bart Miesfeld, City Attorney/Agency Counsel
Pamela Bensoussan, Council/Agency Member Donna Norris, City Clerk
Steve Castaneda, CounciVAgency Member
MEETING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY AND HOUSING
AUTHORITY OF THE CITY OF CHULA VISTA
May 4, 2010
4:00 p.m.
CALL TO ORDER
Council Chambers
City Hall -Building 100
276 Fourth Avenue
ROLL CALL: Cotmcil/Agency Members Bensoussan, Castaneda, Ramirez, Thompson, and
Mayor/Chair Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
• OATHS OF OFFICE
Randy Bellamy, Charter Review Commission
Francisco Javier Nava, Design Review Board
• RECOGNITION BY MARIA KACHADOORIAN, FINANCE DIRECTOR, OF ALL
FINANCE DEPARTMENT STAFF AS EMPLOYEES OF THE MONTH
• PROCLAMATION PROCLAIMING WEDNESDAY, MAY 5, 2010 AS LAW
ENFORCEMENT OFFICERS' MEMORIAL DAY IN THE CITY OF CHULA VISTA
• PRESENTATION OF A PROCLAMATION TO MANUEL GONZALEZ, AQUATICS
COORDINATOR III, RECOGNIZING MAY AS DROWNING PREVENTION
MONTH IN THE CITY OF CHULA VISTA
• PROCLAMATION PROCLAIMING THE WEEK OF MAY 16-22, 2010 AS
NATIONAL PUBLIC WORKS WEEK
• PRESENTATION OF A PROCLAMATION TO CHRISTINE MOORE, DIRECTOR
OF EXTERNAL AFFAIRS FOR AT&T, DECLARING MAY 2010 AS "NO TEXTING
WHILE DRIVING" MONTH IN THE CITY OF CHULA VISTA
CONSENT CALENDAR
(Items 1-13)
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 fall 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. APPROVAL OF MINUTES of January 5, 2010.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Lisa E. Jensen, Commission on Aging.
Staff recommendation: Council accept the resignation.
3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 20 OF
THE CHULA VISTA MUNICIPAL CODE TO CONFORM TO NEW PROPERTY-
ASSESSED CLEAN ENERGY (PACE) RETROFIT PROGRAMS, AUTHORIZED
UNDER CALIFORNIA ASSEMBLY BILLS 811 AND 474 (SECOND READING
AND ADOPTION)
As authorized by California Assembly Bills 811 and 474, the City is developing a
voluntary program, "Property-Assessed Clean Energy" (PACE), which would allow
property-owners to voluntarily finance energy and water efficiency improvements
through a tax assessment on their property. Adoption of the ordinance clarifies under
Section 20.08 of the Chula Vista Municipal Code, the voluntary assessment and adds the
title "Water", to more accurately reflect the scope and content of the code section.
(Director of Conservation and Environmental Services)
Staff recommendation: Council adopt the ordinance.
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4. ORDINANCE OF THE CITY OF CHULA AMENDING VARIOUS SECTIONS OF
THE CHULA VISTA MUNICIPAL CODE INCLUDING TITLE 19 (ZONING
ORDINANCE) RELATED TO DEVELOPMENT REVIEW ADMINISTRATION
PROCEDURES; PARKING REGULATIONS, AND NON CONFORMING
USES/STRUCTURES; AND TITLE 2 (ADMINISTRATION AND PERSONNEL)
RELATED TO THE PLANNING RELATED DUTIES AND FUNCTIONS OF THE
CHULA VISTA REDEVELOPMENT CORPORATION; AND TITLE 18
(SUBDIVISIONS) RELATED TO ADMINISTRATIVE PROCEDURES FOR THE
SUBDIVISION OF LAND FOR THE PURPOSE OF PROCESS IMPROVEMENTS
(SECOND READING AND ADOPTION)
In early 2009, the Development Services Department launched a comprehensive review
of the City's development review process to determine improvements that could
streamline it, increase transparency, improve public access, make it more predictable for
applicants and reduce the cost. The item is the initial phase of Process Improvements that
is recommended to begin to implement the Program's objectives. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL
SERVICE CREDIT FOR EMPLOYEES IN SPECIFIED JOB CLASSIFICATIONS,
WHO ARE MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM (CALPERS) LOCAL MISCELLANEOUS AND LOCAL
PUBLIC SAFETY-FIRE GROUPS, PURSUANT TO GOVERNMENT CODE 20903
In an effort to significantly reduce General Fund expenditures for fiscal years 2011 and
2012 and to avoid impending mandatory transfers, layoffs and demotions, it is the City's
intent to grant another designated period for the Ca1PERS Two Years Additional Service
Credit benefit option as an incentive to retirement of specified classifications (Appendix
A) covered under the City's contracts with Ca1PERS for Local Miscellaneous and Local
Public Safety Fire employees. Ca1PERS requires that the estimated additional employer
contributions that will be required in the future for providing the two years service credit
be disclosed no less than two weeks prior to the adoption of the resolution implementing
the option. The additional employer cost was originally presented to Council on April
13, 2010. Council requested clarification on several points and staff presented the
additional information to Council on April 20, 2010. This incentive will be available to
eligible employees who retire May 5, 2010 -August 2, 2010. (Director of Human
Resources)
Staff recommendation: Council adopt the resolution.
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6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE FORMAL BIDDING PROCESS AND APPROVING ATHREE-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, KLR PLANNING
(CONSULTANT), AND OTAY VALLEY QUARRY, LLC (APPLICANT), FOR
CONSULTING SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR A MINING RECLAMATION
PLAN
The applicant has submitted a mining reclamation plan associated with mining activities
in a vested mining rights area. The Development Services Director has determined- that
the proposed project requires the preparation of an Environmental Impact Report.
Adoption of the resolution approves a contract with KLR Planning in an amount not to
exceed $90,451, for consultant services for the preparation of CEQA required
environmental documents, and $22,612.75 for additional services if necessary. (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 THE 2010-2015 REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR
HOUSING CHOICE AND AUTHORIZING ITS SUBMITTAL TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
The Department of Housing and Urban Development (HUD) requires that all state,
county, and local governments receiving Community Development Block Grant (CDBG)
and HOME funds, prepare an Analysis of Impediments to Fair Housing (Analysis) every
five years. The Analysis identifies fair housing impediments that affect both the region
and the City and provides recommendations to remedy the impediments and further fair
housing. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1)
APPROVING THE 2010-2015 CONSOLIDATED PLAN AND FISCAL YEAR
2010/2011 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE
EMERGENCY SHELTER GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE
MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH
SUB-RECIPIENT/CONTRACTOR; (3) AMENDING THE FISCAL YEAR 2008/2009
HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $120,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO AN
ELIGIBLE PROJECT; AND (4) AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN
THE HUD GRANTS
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As a Housing and Urban Development (HUD) entitlement community, the City receives
grant funds under the Community Development Block Grant (CDBG), Emergency
Shelter Grant (ESG) and the HOME Investment Partnerships Act Program (HOME). The
funds are distributed among local non-profits, housing developers and City departments
to provide decent housing, economic opportunities and a suitable living environment for
low and moderate-income persons. On March 23, 2010, the City Council held a Public
Hearing on priorities for the 2010-2015 Consolidated Plan and 2010-2011 CDBG,
HOME and ESG funding recommendations. Adoption of the resolution approves the
final 2010-2015 Consolidated Plan and 2010-2011 Action Plan which contains the
spending plan. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A
PORTION OF CHURCH AVENUE, FOR THE DOWNTOWN FARMERS' MARKET
FROM 2:00 P.M. TO 8:30 P.M. ON THURSDAY AFTERNOONS FOR ATWO-YEAR
PERIOD, SUBJECT TO CONDITIONS OF APPROVAL AND WAIVING THE
BUSINESS LICENSE FEE REQUHZEMENT FOR VENDORS PARTICIPATING IN
THE FARMERS MARKET
On November 6, 2007, the City Council adopted Resolution No. 2007-260 extending the
temporary closure of Center Street and a portion of Church Avenue for the Third Avenue
Village Certified Farmers Market, and waiving the business license requirement for
participating vendors. The street closure and business license waiver have been approved
in two-year intervals since October 1995. Adoption of the resolution extends the
temporary street closure and business license fee waiver for an additional two-year
period. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA (A) AUTHORIZING AN INTERFUND LOAN OF
APPROXIMATELY $4.1 MILLION FROM THE LOW AND MODERATE INCOME
HOUSING FUND, TO THE REDEVELOPMENT FUND, FOR THE STATE
REQUIItED SERAF (SUPPLEMENTAL EDUCATIONAL REVENUE
AUGMENTATION FUND) PAYMENT; AND (B) AUTHORIZING NECESSARY
BUDGET ADJUSTMENTS TO APPROPRIATE THE INTERFUND LOAN OF
APPROXIMATELY $4.1 MILLION (4/STHS VOTE REQUIRED)
Assembly Bill (AB) 26 4x of 2009 requires redevelopment agencies to remit a prescribed
share of a cumulative contribution to the Supplemental Educational Revenue
Augmentation Fund (SERAF) by May 10, 2010. The current calculation issued by the
County of San Diego (County) requires a payment of $4.1 million for 2010 and $900,000
for 2011, bringing the total outstanding obligation of the Chula Vista Redevelopment
Agency (Agency) to $5 million. (Deputy City Manager/Development Services Director)
Staff recommendation: Agency adopt the resolution.
Page 5 - CC/RDA/HA Agenda http://www chulavistaca.eov May 4, 2010
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2009/2010 LIBRARY BUDGET, BY
APPROPRIATING AONE-TIME UNANTICIPATED GRANT REVENUE IN THE
AMOUNT OF $1,999.99, FOR THE SAN DIEGO COUNCIL ON LITERACY
AWARD FOR AFFILIATED LITERACY PROGRAMMING AT THE CHULA VISTA
LIBRARY ENTITLED "LEAP INTO READING" (4/STHS VOTE REQUIRED)
The Chula Vista Public Library has received aone-time grant award from the San Diego
Council on Literacy -Affiliate Support Fund in the amount of $1,999.99 for fiscal year
2010, to support the library's "Leap into Reading" program to fund supplies, books and
classroom materials. (Library Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING A HYBRID GERANIUM AS THE CHULA VISTA CENTENNIAL
GERANIUM
In 1964, the Geranium was designated as the official City flower of Chula Vista. Part of
this designation recognized that the geranium could be hybridized. Adoption of the
resolution officially designates a new hybrid geranium as the Chula Vista Centennial
Geranium. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR TO EXECUTE THE ASSIGNMENT OF TWO
EXISTING AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO
THE CHULA VISTA NATURE CENTER FOUNDATION, AND DELEGATING
AUTHORITY TO THE CITY MANAGER TO EXECUTE ANY AND ALL
ADDITIONAL AGREEMENTS NECESSARY TO COMPLETE THE TRANSFER OF
OPERATIONS OF THE CHULA VISTA NATURE CENTER TO THE CHULA VISTA
NATURE CENTER FOUNDATION, AS CONTEMPLATED BY THE OPERATING
AGREEMENT
The City currently has two agreements with the San Diego Unified Port District (Port) for
the provision of Port funding to support programs and activities. Adoption of the
resolution approves the Assignment and Assumption Agreements between the City and
the Foundation to allow for the transfer of the agreements from the City to the
Foundation. (Director of Recreation)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Page 6 - CC/RDA/HA Agenda http://www.chulavistaca.sov May 4, 2010
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council/Agency/Authority on
arty subject matter within the Council/Agency/Authority's jurisdiction that is not listed as
an item on the agenda. State law generally prohibits the Council/Agency/Authority from
discussing or taking action on any issue not included on the agenda, but, if appropriate,
the Council/Agency/Authority 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 fall out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
14. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS 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)
Staff recommendation: Council conduct the public hearing consider all testimony, and
adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED
PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
15. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS 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)
Staff recommendation: Council conduct the public hearing, consider all testimony, and
adopt the following resolution:
Page 7 - CC/RDA/HA Agenda http://www.chulavistaca.gov May 4, 2010
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN 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
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 any item, please fall out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
16. CONSIDERATION OF A CONTRACT WITH FIRE RECOVERY USA, LLC FOR
COST RECOVERY SERVICES FOR EMERGENCY SERVICES, AND AMENDING
CHAPTER XV OF THE CHULA VISTA MASTER FEE SCHEDULE
The Fire Department desires to implement a new program to recover increased costs
associated with responses to vehicle accidents where hazardous mitigation is required.
Fire Recovery USA, LLC has been selected to provide billing and collection services for
the City of Chula Vista. (Fire Chief)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONTRACT WITH FIRE RECOVERY USA, LLC TO
PROVIDE EMERGENCY SERVICES COST RECOVERY SERVICES
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER XV FIRE DEPARTMENT FEES OF THE CITY OF
CHULA VISTA MASTER FEE SCHEDULE
17. CONSIDERATION OF LOAN AGREEMENT AND BOND ISSUANCE TO FINANCE
THE LANDINGS II AFFORDABLE HOUSING DEVELOPMENT
Chelsea Investment Corporation (CIC) and Brookfield-Shea have proposed the
development and construction of a 143-unit affordable housing development for low-
income households, known as The Landings II (the Project) within the Winding Walk
master planned community. To finance the Project, CIC has requested a $2.4 million
loan from the City's HOME funds, $2 million from its Affordable Housing hi-lieu Fees,
$4 million from the Redevelopment Agency of the City of Chula Vista and issuance of
$30 million in Multifamily Housing Revenue Bonds by the City's Housing Authority.
Adoption of the resolutions authorizes the execution of all documents necessary to fund
the requested loans and issuance of bonds to finance The Landings II affordable housing
development. (Deputy City Manager/Development Services Director)
Page 8 - CC/RDA/HA Agenda http://www.chulavistaca.~ May 4, 2010
Staff recommendation: Council/Agency/Authority adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
(A) APPROPRIATING $2,400,000 FROM HOME INVESTMENT
PARTNERSHII' FUNDS AND $2,000,000 FROM HOUSING AUTHORITY IN
LIEU FEES FOR THE DEVELOPMENT OF THE LANDINGS II; AND (B)
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO THE HOME LOAN AGREEMENT AND A LOAN AGREEMENT BY
AND BETWEEN THE CITY OF CHULA VISTA, AND LANDINGS II, L.P.
AND ALL OTHER AGREEMENTS AND DOCUMENTS NECESSARY FOR
THE FINANCING OF THE LANDINGS II AFFORDABLE APARTMENT
PROJECT (4/STHS VOTE REQUIl2ED)
B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXECUTIVE DIl2ECTOR TO
EXECUTE A LOAN AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY AND LANDINGS II, L.P. AND ALL OTHER
AGREEMENTS AND DOCUMENTS NECESSARY FOR THE FINANCING
OF THE LANDINGS II AFFORDABLE APARTMENT PROJECT
C. RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA
VISTA AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING
BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$30,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF THE LANDINGS II MULTIFAMILY
RENTAL HOUSING PROJECT, APPROVING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF ANY AND ALL DOCUMENTS
NECESSARY TO ISSUE THE BONDS, AND IMPLEMENT THIS
RESOLUTION, AND RATIFYING AND APPROVING ANY ACTION
HERETOFORE TAKEN IN CONNECTION WITH THE BONDS
OTHER BUSINESS
18. CITY MANAGER/EXECUTIVEbIRECTOR'S REPORTS
19. MAYOR/CHAIR'S REPORTS
A. Ratification of appointment of Allen Gore to the Cultural Arts Commission.
B. Ratification of appointment of Michael Lengyel to the Housing Advisory
Commission.
C. Ratification of appointment of Robert Coleman to the Resource Conservation
Commission.
20. COUNCIL/AGENCY MEMBERS' COMMENTS
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ADJOURNMENT City Council adjourns to the next regular meeting on May 11, 2010, at
4:00 p.m.; RDA adjourns to the next regular meeting on June 1, 2010, at
4:00 p.m.
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, and/or participate in a City meeting, activity, or service, contact the City Clerk's Offlce
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 10 - CC/RDA/HA Agenda httn://www.chulavistaca.eov May 4, 2010