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HomeMy WebLinkAbout2010/06/15 AgendaI declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according t;~~ ~i Brown Act re /u~/rements. d ~ /~" ~ Signed ~.~.~.~. Cf1Y OF CHULA VISfA Cheryl Cox, Mayor/Chair Rudy Ramirez, Council/Agenty Member James D. Sandoval, City Manager/Executive Director Mitch Thompson, Interim Council/Agency Member Bart Miesfeld, City Attorney/Agency Counsel Pamela Bensoussan, Council/Agency Member Donna Norris, City Clerk Steve Castaneda, Council/Agenty Member June 15, 2010 4:00 p.m. CALL TO ORDER Council Chambers City Hall 276 Fourth Avenue ROLL CALL: CounciUAgency Members Bensoussan, Castaneda, Ramirez, Thompson, and Mayor/Chair Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY HIGH TECH HIGH SCHOOL CHULA VISTA DII2ECTOR COLLEEN GREEN AND DIRECTOR OF COMMUNITY DEVELOPMENT LISA DAMS ON THE SCHOOL'S STUDENT INTERNSHIP PROGRAM WITH THE CITY OF CHULA VISTA WITH PRESENTATIONS BY THE 11TH GRADE INTERNS DIEGO AVILA, VICTORIA CASAS, PAULO GARZA, AMADA GONZALES, HORACIO HERRERA, AUSTIN MARSHALL, LESLIE REYES, ALEJANDRO SARMIENTO, AND MIRIAM ZEPEDA CONSENT CALENDAR (Items 1-12) 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 fill out a "Request to Speak" form (available in the lobby) and submit it to the Ciry Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. APPROVAL OF MINUTES of February 9, 2010 Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE TITLE OF LAW OFFICE MANAGER (4/STHS VOTE REQUIRED) (SECOND READING AND ADOPTION) In conjunction with the approval of the City's operating budget for fiscal yeaz 2010/2011, Chula Vista Municipal Code Section 2.05.010 must be updated to reflect position changes impacting unclassified positions. Chula Vista Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by ordinance. Adoption of the ordinance will add the position title of Law Office Manager to Section 2.05.010 of the Chula Vista Municipal Code. This ordinance was introduced on June 8, 2010. (Director of Finance/Treasurer) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE OF THE CITY OF CHULA VISTA CONTINUING THE CURRENT, PREVIOUSLY-APPROVED SEWER SERVICE RATES (4/STHS VOTE REQUIl2ED) (SECOND READING AND ADOPTION) The City collects a Sewer Service Charge from all users connected to the City's wastewater collection system. Revenues generated by this fee are used to fund the cost of wastewater treatment, system maintenance and operation. Per the 2010 Cost of Service and Rate Study Update for Sewer Services, application of the fiscal yeaz 2009-10 Sewer Service rates will generate revenues sufficient to offset anticipated expenditures in fiscal year 2010-11. The continuation of previously approved Sewer Service rates is therefore proposed for fiscal year 2010-11. Adoption of the ordinance will continue the previously approved Sewer Service rates currently in effect until such time as an increase or other modification is warranted. This ordinance was introduced on June 8, 2010. (Director of Finance/Treasurer) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECLASSIFYING A 1.0 FTE SENIOR COUNCIL ASSISTANT POSITION TO A 1.0 FTE CONSTITUENT SERVICES MANAGER IN THE MAYOR'S OFFICE The fiscal year 2010/2011 operating budget for the City of Chula Vista was approved by the City Council on June 8, 2010. The adopted budget authorized a Senior Council Assistant in the Mayor's Office. As a result of increasing responsibilities and changes in job duties, reclassification of this Senior Council Assistant position to Constituent Services Manager is recommended by the Mayor. Sufficient budgetary savings within the budget of the Department of Mayor and Council to offset the expense of this reclassification have been identified in the fiscal year 2010/2011 budget, resulting in no net impact to the General fund as a result of this action. (Director of Human Resources) Staff recommendation: Council adopt the resolution. Page 2 - Counci]/RDA Agenda htty://www.chulavistaca.go_y June 15, 2010 5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.12, SECTION 9.12.190, SUBSECTIONS I AND P OF THE CHULA VISTA MUNICII'AL CODE (FIRST READING) The City Manager's Office has received a citizen request to amend Chula Vista Municipal Code Section 9.12.190, subsections (I) and (P), to increase the limit on bingo gaming per game from the current limitation of $250.00 to $500.00 and; consideration to eliminate the provision prohibiting saved seating at bingo games. The proposed revision to increase the bingo game limit is lawful and necessary to bring it into conformance with state law. Because the issue of saved seating at bingo games is not addressed or regulated in the state law governing bingo gambling, this revision can be accomplished through Council action on the item. (City Attorney) Staff recommendation: Council place the ordinance on first reading. 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOCAL ENERGY ASSURANCE PROGRAM GRANT IN THE AMOUNT OF $198,998 AND APPROPRIATING THE FUNDS TO FISCAL YEAR 2010/2011 ARRA FUND BUDGET (4/STHS VOTE REQUIItED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING THE CITY'S FORMAL BIDDING PROCESS INVOLVING SELECTION OF A CONSULTANT TO IMPLEMENT THE LOCAL ENERGY ASSURANCE PROGRAM; (2) APPROVING AN AGREEMENT WITH BURNS AND MCDONNELL ENGE~IEERING CO. TO ASSIST THE CITY IN THE IMPLEMENTATION OF THE LOCAL ENERGY ASSURANCE PROGRAM; AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT The City received a grant from the US Department of Energy in the amount $198,998 for the Local Energy Assurance Program (LEAP). The grant will be utilized to develop energy assurance and resiliency plans. The City seeks to Retain Burns and McDonnell Engineering Co. to prepare the LEAP plan for the City. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR CAL- HOME PROGRAM FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR THE CAL-HOME FUNDS The City of Chula Vista wishes to authorize City staff to apply for funds from the State of California on its behalf, to increase available funding for the City's Home Buyer Assistance Program. The California Department of Housing and Community Development issued a Notice of Funding Availability (NOFA) under the Cal-Home Program on April 19, 2010. The NOFA has been issued for approximately $50 million, which was provided by the passage of Proposition 1C-Housing and Emergency Shelter Trust Fund Act of 2006. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 3 - Council/RDA Agenda http //www chulavistaca gov June 15, 2010 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATION OF A PREVIOUSLY GRANTED DENSITY BONUS (KINGSWOOD MANOR) FROM FOR-RENT UNITS TO FOR-SALE UNITS AND APPROVING A FIRST AMENDMENT TO A HOUSING COOPERATION AGREEMENT FOR KINSGWOOD MANOR REFLECTING THE MODIFICATION FROM FOR-RENT UNITS TO FOR-SALE UNITS On May 9, 2000, IPMG, Inc. received atwenty-five percent (25%) density bonus and modifications of certain development standards pursuant to California Government Code Section 65915 and the City of Chula Vista Housing Element. The approval of the density bonus was to facilitate the construction of 10 affordable rental units to an existing 40 unit multifamily residential development, for a total of 50 units. The project is a 3.32 acre site located at 54-94 Kingswood Drive. The project has received development approvals but has not yet been constructed. Adoption of the resolution authorizes the Property Owner to maintain the approved density bonus with the conversion to condominiums, to create affordable homeownership opportunities. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE TWO-PARTY AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC TO PREPARE A PLAN AMENDMENT TO EXTEND FOR TEN YEARS THE EFFECTNENESS OF THE REDEVELOPMENT PLANS FOR THE BAYFRONT AND TOWN CENTRE I REDEVELOPMENT PROJECT AREAS AND THE TIME LIMITS TO COLLECT TAX INCREMENT AND REPAY INDEBTEDNESS IN THE PROJECT AREAS On December 15, 2009, the Redevelopment Agency approved the Five Year Implementation Plan for 2010-2014, which authorized the amendment of the Bayfront and Town Centre I (BF/TCI) Redevelopment Project Area to extend the time limits for plan effectiveness, payment of indebtedness, and receipt of tax increment by ten years. Adoption of the resolution authorizes the Two-Party Agreement between the Chula Vista Redevelopment Agency and Rosenow Spevacek Group, Inc. to conduct work necessary to prepaze the amendment. (Deputy City Manager/Development Services Director) Staff recommendation: Agency adopt the resolution. 10. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE AMENDED CHULA VISTA REDEVELOPMENT CORPORATION BYLAWS B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.55.100(A) OF THE CHULA VISTA MUNICIPAL CODE REMOVING THE REFERENCE TO A 6:00 P.M. START TIME FOR REGULAR MEETINGS Page 4 - CommciURDA Agenda ~://www.chulavistacagov June 15, 2010 On April 20, 2010, the City Council adopted a new policy on public participation, creating a consistent citywide approach to public participation in the development review process. The Council policy differs from the Chula Vista Redevelopment Corporation's (CVRC) public participation policy, so amendments to the CVRC's review process and regulatory documents are needed. Amendments include changes to the CVRC Bylaws and changes to the Chula Vista Municipal Code. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 11. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTERS 2.19 AND 2.41 OF THE CHULA VISTA MUNICIPAL CODE IN THEIR ENTIRETY (4/STHS VOTE REQUIRED) (FIRST READING) Chapter 2.19 of the Chula Vista Municipal Code entitled "Nature Center Department" and Chapter 2.41 entitled "Chula Vista Nature Center Board of Trustees" are no longer valid or applicable, since management and operations of the Chula Vista Nature Center are now being administered by the Chula Vista Nature Center Foundation, a State of California certified nonprofit public benefit corporation. (Director of Recreation and Nature Center) Staff recommendation: Council place the ordinance on first reading. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $21,446 IN UNANTICIPATED REVENUE GENERATED THROUGH OPERATIONS AT THE CHULA VISTA NATURE CENTER, AND AMENDING THE BUDGET ACCORDINGLY (4/STHS VOTE REQUIRED) The approved operating budget for the Chula Vista Nature Center for fiscal year 2009/2010 included no revenue, and limited funding on the expenditure side. Through an agreement reached with the Friends of the Chula Vista Nature Center (Friends) subsequent to the budget process, the facility was operated at full capacity, generating unanticipated revenue. The City Council has approved three previous appropriations of revenue this fiscal year, and this final appropriation is from revenue generated during the last 3-4 weeks of operations prior to the formal transition of Nature Center management and operations to the Chula Vista Nature Center Foundation on February 6, 2010. (Director of Recreation and Nature Center) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR Page S -Council/RDA Agenda h[tu://www.chulavistaca.~ June 15, 2010 PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the Council/Agency's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council/Agency and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 13. 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 OTHER BUSINESS 14. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS 15. MAYOR/CHAIR'S REPORTS 16. COUNCIL/AGENCY MEMBERS' COMMENTS Deputy Mayor Ramirez: Council consideration of the repeal of Chapter 2.52, Section 2.52.140, titled "Enforcement" of the campaign contribution provision of the City Code. ADJOURNMENT City Council adjourns to the next regular meeting on June 22, 2010, at 4:00 p.m.; Redevelopment Agency adjourns to its next regular meeting. Page 6 - Counci]/RDA Agenda http://www.chulavistaca.~ June 15, 2010 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 Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 7 - Counci]/RDA Agenda h_ptt ://www.chulavistaca.eov June 15, 2010