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CIII' OF
CHULA VISTA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember James D. Sandoval, City Manager
Mitch Thompson, Interim Councilmember Bart Miesfeld, City Attorney
Pamela Bensoussan, Councilmember Donna Norris, City Clerk
Steve Castaneda, Councilmember
Tuesday, June 22, 2010
4:00 p.m.
Council Chambers
City Hall -Building 100
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor
Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR
(Items 1-13)
The Council will enact the Consent Calendar staff recommendations by one motion, without
discussion, unless a Councilmember, 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 `Reguest to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items
p Iled from the Consent Calendar will be discussed immediately following the Consent Calendar.
1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.12,
SECTION 9.12.190, SUBSECTIONS I AND P OF THE CHULA VISTA MUNICIPAL
CODE (SECOND READING AND ADOPTION)
The City Manager's Office has received a citizen request to amend Chula Vista
Mun cipal 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. This ordinance was introduced on June 15, 2010.
(City Attorney)
Staff recommendation Council adopt the ordinance.
2. 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) (SECOND READING AND ADOPTION)
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and Chapter 2.41 entitled "Chula Vista Nature Center Board of Trustees" are no longer
valid or applicable, since management and operations of the Chula Vista Nature Center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. This ordinance was introduced
on June 15, 2010. (Director of Recreation and Nature Center)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO EXECUTE LOAN DOCUMENTS BY
AND BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES IN THE AMOUNT OF $385,000, AND ALL OTHER DOCUMENTS
NECESSARY FOR THE FINANCING OF THE ACQUISITION AND
REHABILITATION OF 1194-1196 TRENTON AVENUE FOR AFFORDABLE
HOUSING, AND APPROPRIATING FUNDS THEREFORE (4/STHS VOTE
REQUIRED)
The City Council preliminarily approved a request from South Bay Community Services
(SBCS), to provide financial assistance up to $385,000 from its federal Community
Development Block Grant (CDBG) funds to support the acquisition and rehabilitation of
a 7 unit housing complex located at 1194-1196 Trenton Avenue to operate as affordable
housing. All contingencies have been met, and adoption of the resolution authorizes the
City Manager to execute loan documents after City Attorney approval (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT DEED AND APPROVING A GENERAL RELEASE OF
LIABILITY FOR AN 8.61 ACRE SITE, ASSESSOR PARCEL NUMBER 624-071-O1
LOCATED IN THE OTAY RIVER VALLEY TO BE INCLUDED IN THE OTAY
VALLEY REGIONAL PARK
Joseph W. Davies, Trustee of the Davies Family Trust (Trust), desires to donate an 8.61
acre site located in the Otay River Valley to the City of Chula Vista to be included within
the Otay Valley Regional Park. In exchange for the donation the Trust requests a General
Release of Liability from the City. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Agenda http://www.chulavistaca.eov June 22, 2010
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $26,318 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL AND AMENDING THE FISCAL YEAR 2010/2011
ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND (4/STHS VOTE REQUBZED)
The Police Department recently received notice of a grant award in the amount of
$26,318 from the California Department of Alcoholic Beverage Control (ABC). This
one-year project will target ABC licensees that continually violate ABC and City
regulations, particularly those that allow narcotics activity on their premises. (Chief of
Police)
Staff recommendation: Council adopt the resolution.
6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $2,051,600 IN LOAN FUNDS FROM THE CALIFORNIA ENERGY
COMMISSION TO INSTALL ENERGY EFFICIENT INDUCTION STREETLIGHTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN BUILD AGREEMENT FOR THE "CITYWIDE STREET
LIGHTING RETROFIT" PROJECT (GG214) TO SOUTHERN CONTRACTING, INC.
WHICH WILL BE FUNDED THROUGH FISCAL YEAR 2010/2011 CAPITAL
IMPROVEMENT PROJECT GG214, REIMBURSED THROUGH THE CALIFORNIA
ENERGY COMMISSION LOAN PROGRAM. AND AUTHORIZING USE OF ALL
AVAILABLE CONTINGENCIES
The Public Works Department has been conducting an energy efficient streetlight
assessment project in hopes of saving energy, reducing the size of our carbon footprint,
and help contribute to a safe public environment. By retrofitting 4,600 streetlights with
induction lighting technologies the City will reduce its energy consumption by 862,000
kwh per year, a cost savings of approximately $199,300 annually. The project will be
funded through the California Energy Commission's 1%-interest loan program and San
Diego Gas & Electric's energy efficiency rebates. (Director of Public Works and
Director of Conservation & Environmental Services)
Staff recommendation: Council adopt the resolutions.
7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2010/2011 FOR
OPEN SPACE DISTRICTS 1 THROUGH 8, 10, 11, 14, 15, 17, 20, 23, 24, 26, 31 AND
33, EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD
MAINTENANCE DISTRICT AND THE SPREAD OF ASSESSMENTS THEREIN;
DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS;
AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS
Page 3 -Council Agenda http://www.chulavistaca.gov June 22, 2010
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2010/2011 FOR
THE TOWN CENTRE MAINTENANCE DISTRICT AND THE SPREAD OF
ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THE ASSESSMENTS
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2010/2011 FOR
THE OPEN SPACE MAINTENANCE DISTRICTS NO. 9 AND 18 AND THE
SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY
AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THE ASSESSMENTS
The City administers and maintains 36 Open Space Districts and associated zones that
have been established over the last 30 years. The Districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The City Council's approval of the levy is required by the first week of
August in order to meet the deadlines established by the County Tax Assessor. Adoption
of the resolution allows for the assessment of currently approved levy amounts in order to
ensure that the County Tax Assessor deadlines are met for all 36 Open Space Districts.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUBMITTAL OF GRANT APPLICATIONS FOR STATE-
LEGISLATED SAFE ROUTES TO SCHOOL FUNDING CYCLE 9 TO IMPROVE
PEDESTRIAN AND BICYCLE FACILITIES AT THREE ELIGIBLE LOCATIONS
California legislated a Safe Routes to School (SR2S) program in 1999 with the enactment
of AB 1475. The goals of the program are to reduce injuries and fatalities to
schoolchildren and to encourage increased walking and bicycling among students.
Adoption of the resolution approves the filing of a grant application for three projects
under Cycle 9 2010/2011 of the State-Legislated Safe Routes to School Program.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2009/2010 SEWER SERVICE REVENUE
BUDGET AND APPROPRIATING $360,000 FROM THE AVAILABLE FUND
BALANCE (4/STHS VOTE REQUIlZED)
Page 4 -Council Agenda http://www.chulavistaca.gov June 22, 2010
Annually, the City of Chula Vista budgets for treatment of wastewater by the City of San
Diego Wastewater Metropolitan District (Metro) based on the estimated wastewater
flows and strength. An appropriation of $360,000 is needed to address a shortfall in the
fiscal year 2009-10 budget due to a change in the refund methodology by Metro. In prior
years, refunds by Metro were credited to the quarterly invoice for treatment services. As
a result, staff budgeted the projected expenditure minus anticipated credits. This year, a
refund check was issued to the City and deposited into the Sewer Service Revenue Fund.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
10. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TRANSPORTATION SALES TAX (TRANSNET) FUND
RECONCILIATION AND ALLOCATION ADJUSTMENTS AND APPROPRIATING
$52,743 IN AVAILABLE TRANSNET FUNDS TO EXISTING PROJECT OP202
(4/STHS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TRANSPORTATION DEVELOPMENT ACT (TDA) AND
TRANSPORTATION EQUITY ACT (TEA) 21 FUND RECONCILIATION,
TRANSFER AND ALLOCATION ADJUSTMENTS AND AUTHORIZING AN
APPROPRIATION IN THE AMOUNT OF $25,344 FROM THE GENERAL FUND TO
CLOSE COMPLETED PROJECTS STM334, ST922 AND ST298 (4/STHS VOTE
REQUII2ED)
Annually, the City is required to perform a reconciliation of Transportation Sales Tax
(TransNet), Transportation Development Act (TDA) and Transportation Equity Act for
the 21st Century (TEA-21) funds. Based on this year's reconciliation and review of
prior-year audit recommendations, staff is recommending allocation adjustments of
existing funds to address project deficits from available fund balances. In addition, staff
is recommending an appropriation of $52,743 in available TransNet funds to existing
project OP202 and $25,344 from the General Fund to close completed projects STM334,
ST922 and ST298. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
11. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE SUBMITTAL OF A USED OIL PAYMENT PROGRAM
REGIONAL APPLICATION ON BEHALF OF CHULA VISTA AS THE LEAD
AGENCY AND PARTICIPATING AGENCIES
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN ALL GRANT
DOCUMENTS TO APPLY FOR AND RECEIVE FUNDS FROM THE CALIFORNIA
USED OIL PAYMENT PROGRAM THROUGH JUNE 3Q 2015
Page 5 -Council Agenda httn~//www.chulavistaca.sov June 22, 2010
In September 2009, Governor Schwarzenegger signed Senate Bill 546 (SB 546), making
significant changes to the California Oil Recycling Enhancement Act. SB 546
restructured the lubricating oil recycling fee and the used oil recycling incentive payment
system, streamlined the used oil grant program, required promotion of the production and
use of re-refined oil, changed the used oil certified collection center program, and made
various change to the handling and management of used oil. A revised resolution and
signatory authorization is required under the new regulations for the City to continue to
receive funding for the Used Oil Recycling Program. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
12. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 2.52, THE CITY'S CAMPAIGN CONTRIBUTION
ORDINANCE, IN ORDER TO TEMPORARILY SUSPEND THE APPLICATION OF
SECTION 2.52.140 CONCERNING ENFORCEMENT OF THE ORDINANCE
(AND/OR)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING THE CITY CLERK TO NOTIFY ANY ENFORCEMENT AUTHORITY
ENGAGED UNDER THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE
THAT THE ORDINANCE IS UNDER REVIEW AND THAT COUNCIL IS
CONSIDERING AMENDING IT
At the June 15, 2010 City Council meeting, the City Council directed the City Attorney's
Office to provide it with information regarding options that may be taken in order to
effectively suspend the City's enforcement of Chula Vista Municipal Code Chapter 2.52.
This Agenda Statement and its attachments are submitted in response to that request.
(City Attorney)
Staff recommendation: Council take action as it deems appropriate.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE PEDESTRIAN MASTER PLAN
On July 22, 2008, City Council approved an agreement between the City of Chula Vista
and Alta Planning + Design for the development of the City's first Pedestrian Master
Plan. The goal of the Plan was to identify and prioritize pedestrian improvement projects
based on technical analysis and community input, thereby promoting orderly
implementation on a citywide basis and enhancing the City's ability to secure funding.
The draft Final Report has been prepared and presented to the Safety Commission for
comment. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Page 6 -Council Agenda httn://www.chulavistaca.gov June 22, 2010
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from discussing or taking action on any issue not
included on the agenda, but, if appropriate, the Council 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 f Il out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
14. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF THE EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS
The Police Department has recently received notice of an Edward Byrne Memorial
Justice Assistance Grant award in the amount of $98,030 from the Bureau of Justice
Assistance. These funds were allocated to the Police Department based on city
population and Part 1 violent crime statistics. (Chief of Police)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $98,030 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR
THE 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
AND AMENDING THE FISCAL YEAR 2011 ADOPTED BUDGET BY
APPROPRIATING $14,286 TO THE LOCAL LAW ENFORCEMENT BLOCK
GRANT Fi_JND (4/STHS VOTE REQUIRED)
15. CONSIDERATION OF EXTENDING THE MORATORIUM ON THE LEGAL
ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA
DISPENSARIES AND COOPERATNES
This urgency ordinance extends the interim urgency ordinance originally passed by the
City Council on July 21, 2009, and extended on September 1, 2009, for 10 months and 15
days. This urgency ordinance is the final 12-month extension authorized by Government
Code section 65858. This extension is necessazy because California courts have not yet
fully resolved issues involving local regulation of medical marijuana. In addition, the
County and City of San Diego have yet to pass their ordinances regulating medical
marijuana dispensaries and it will be important to consider their ordinances in
determining what appropriate policy Chula Vista should pursue. (City Attorney)
Page 7 -Council Agenda http://www.chulavistaca.gov June 22, 2010
Staff recommendation: Council conduct the public hearing, adopt the following urgency
ordinance extension, and direct staff to continue to study municipal regulatory efforts and
impacts of medical marijuana dispensaries on public safety:
URGENCY ORDINANCE TO EXTEND AN INTERIM URGENCY
ORDINANCE OF THE CITY OF CFIULA VISTA EXTENDING BY 12
MONTHS A MORATORNM ON THE LEGAL ESTABLISHMENT AND
OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND
COOPERATIVES WITHIN THE CITY OF CHULA VISTA PURSUANT TO
GOVERNMENT CODE SECTION 65858 (4/STHS VOTE REQUIRED)
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council 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.
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 FIltE 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
17. CITY MANAGER'S REPORTS
18. MAYOR'S REPORTS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AFFIItMING THE ROLE OF CHULA VISTA LAW ENFORCEMENT WITH
RESPECT TO IMMIGRATION STATUS AND SUPPORTING NATIONAL
COMPREHENSIVE IMMIGRATION REFORM (Legislative Subcommittee)
Subcommittee recommendation: Council adopt the resolution.
Page 8 -Council Agenda hun://www.chulavistaca.~ov June 22, 2010
19. COUNCILMEMBERS' COMMENTS
A. Councilmember Castaneda:
Consideration of placing on the next City Council agenda a "Resolution of the
City Council of the City of Chula Vista demanding that the President and U.S.
Congress reform U.S. Immigration Policy"
B. Councilmember Thompson:
Consideration of a referral to the City Attorney to draft a ballot measure for
Council consideration to be presented to the voters at the November 2, 2010
election regarding restricting the number of terms to two terms for the Office of
the City Council and two terms for the Office of Mayor.
ADJOURNMENT to the next Regular City Council Meeting on July 13, 2010, at 4:00 p.m.,
in the Council Chambers. The meeting of June 29, 2010 has been
canceled per Municipal Code.
Final Maps being considered for approval by the City Engineer:
Chula Vista Track 06-05, Otay Ranch Village 2, Neighborhood R-13, Neighborhood R7 Phase 1
and Neighborhood R9 Phase 1
If you have any questions about the map approval findings or need additional information about
the map or your appeal rights, please feel free to contact Tom Adler at (619) 409-5483.
Materials provided to the City Council 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 Offtce
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 9 -Council Agenda ht[o://www.chulavistaca.eov June 22, 2010