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
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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.
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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.
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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