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HomeMy WebLinkAboutrda min 2009/12/15 CCMINUTES 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 Manager/Executive 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 47T" 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 awazd 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 TAVA- 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 - CounciVRDA Minutes December 15, 2009 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 Yeaz awazd. 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 of resignation from Jolyn DePriest, Human Relations Commission. Staff recommendation: Council accept the resignation Page 2 -Council/RDA Minutes December 15, 2009 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 (1) 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/STHS 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 yeaz) in funding. (Conservation & Environmental Services Director, Director of Public Works, Deputy City Manager/Development Services Director) Staff recommendation: 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. This item was removed from the Consent Calendar. Page 3 -Council/RDA Minutes December 15, 2009 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 caze 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 aze nearing completion. (City Manager) Staff recommendation: Council adopt the resolutions. 10. This item was removed from the Consent Calendaz. 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 Boazd. Additionally, State code requires agencies to determine annually that planning and administrative chazges to the Low and Moderate Income Housing Fund aze necessazy 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 Calendaz 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 - Council/RDA Minutes December 15, 2009 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 condominium project on 14.58 acres located at 825 East Palomar Street. (Deputy City Manager/Development 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 WASTEWATER RECLAMATION FACILITY FEASIBILITY STUDY On September 1, 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 AVAILABLE FUNDS IN THE PROJECT (4/STHS VOTE REQUIRED) Page 5 - CounciVRDA Minutes December 15, 2009 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 unawaze 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 Councilmember Bensoussan abstaining. 10. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2009 State Government Code Section 66000 requires local agencies assessing Development Impact Fees (DIF) and sewer capacity chazges 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 Pazkland Acquisition and Development (PAD) fees have been included in the same report for ease of reference. Local agencies aze 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 across-gutter drainage project, and that staff would provide the Council with an update on the status of the project. Page 6 -Council/RDA Minutes December 15, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to accept the report. Councilmember Castaneda seconded the motion and it carved 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 yeaz 2010 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 -Council/RDA Minutes December 15, 2009 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 - Council/RDA Minutes December 15, 2009 PUBLIC HEARINGS (Continued) The Chula Vista Municipal Code requires the Growth Management Oversight Commission (GMOC) to prepaze 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 heazing 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 heazing. The following members of the public spoke in support of the 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: Cotmcilmember 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 carved 5-0. 15. CONSIDERATION OF THE 2010-2014 REDEVELOPMENT IMPLEMENTATION PLAN AS REQUIRED BY REDEVELOPMENT STATE LAW The Five Yeaz Redevelopment Implementation Plan is required by State redevelopment law and provides a strategic work plan to facilitate successful redevelopment for the next five yeazs. 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 heazing 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 -Council/RDA Minutes December 15, 2009 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 staff's 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 azea. 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 azea. Mayor Cox also confirmed with staff the Agency's receipt of matching funds and resulting grant funding for vazious redevelopment projects. Councilmember Bensoussan asked staff about constituent concerns regazding the displacement of residences should the project area boundaries be expanded to include residential azeas. Staffrnember 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-Yeaz 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 ]0 - CounciURDA Minutes December 15, 2009 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 azea 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. Chazles 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 aeeas 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 Ntmneley, 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 - CounciURDA Minutes December 15, 2009 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. Hazold 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 azea to improve the quality of life for its residents. Glen Googins, representing the Third Avenue Village Association (TAVA), stated that the Boazd 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 clazified the use of the word "blight," stating that it was defined in State law that only those azeas that met the definition of blight could be considered. Retail sales tax and transient occupancy tax would not be affected through including an azea within the redevelopment azea. He stated that the potential expansion of the redevelopment azea was discussed with the working group after the Council Workshop in August 2009. He clazified 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 Eazl 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 December 15, 2009 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 professionals. 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 regazding the location of his property, Councilmember Castaneda left the dais at 9:14 p.m. ACTION: Mayor Cox moved to adopt the following Redevelopment Agency Resolution No. 2009-2014, heading read, text waived: A. 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 BAYFRONT AND TOWN CENTRE I) FOR THE 2010-2014 PERIOD Councilmember Bensoussan seconded the motion, and it can•ied 3-1-1, with Deputy Mayor Ramirez opposed, and Councilmember Castaneda abstaining. ACTION: 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 carved 4-0-1, with Councilmember Castaneda abstaining. Councilmember Castaneda returned to the dais at 9:18 p.m. Due to potential conflicts of interest regazding 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 azeas could be improved: Page 13 -Council/RDA Minutes December 15, 2009 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, OTAY VALLEY, AND ADDED AREA) FOR THE 2010-2014 PERIOD Councilmember Bensoussan seconded the motion and it carved 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 Januazy 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 of Chula Vista and the Friends of the Chula Vista Nature Center (Friends) have agreed to a 60-day extension of the original transition date of December 31, 2009 in order to finalize the details of an operating agreement. The City will continue to operate the Nature Center during the transition in collaboration with the Friends. Adoption of the resolution appropriates additional revenues received during the past 60 days, which will allow the City to continue to operate the Center for another 60 days, and will provide adequate funding for agreed-upon City-provided services for the remainder of the fiscal yeaz. (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 - CounciURDA Minutes December 15, 2009 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 VISTA 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 yeaz ended June 30, 2009, as prepazed 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 & Lazson 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 yeaz 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. Consideration of appointment of Member, First Alternate, and Second Alternate to the SANDAG Boazd of Directors. ACTION: 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. ACTION: 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 -Council/RDA Minutes December 15, 2009 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 Richazd 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 Januazy 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 of remembering 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 - CounciURDA Minutes December I5, 2009 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 regazding 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 carved 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 embazked 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. Lorraine Bennett, CMC, Deputy City Clerk Page 17 -Council/RDA Minutes December 15, 2009