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HomeMy WebLinkAbout2010/07/13 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 to Brown Act requirements. ~2~ ~~ ~/ ated ~ C7 Signed ~j ~~~ CITY OF CHULA VISTA Cheryl Cox, Mayor ~/ Rudy Ramirez, Councilmember James D. Sandoval, City Manager (~`~ John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember July 13, 2010 4:00 p.m. CALL TO ORDER Council Chambers City Hall -Building 100 276 Fourth Avenue ROLL CALL: Councilmembers Bensoussan, Castaneda, McCann, Ramirez and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA COMMENDING, THANKING AND ACKNOWLEDGING COUNCILMEMBER JOHN MCCANN FOR HIS HONORABLE AND MERITORIOUS MILITARY SERVICE IN IRAQ FOR OPERATION IRAQI FREEDOM DURING THE GLOBAL WAR ON TERROR; WELCOMING COUNCILMEMBER MCCANN BACK AND RATIFYING HIS REINSTATEMENT TO CITY COUNCIL SEAT NO. 2; AND THANKING INTERIM COUNCILMEMBER MITCHELL THOMPSON FOR SERVING ON THE COUNCIL DURING COUNCILMEMBER MCCANN'S MILITARY LEAVE INTRODUCTION BY HERMON HOWELL, INFORMATION TECHNOLOGY SUPPORT MANAGER, AND SCOTT BERNARD, OPERATIONS AND TELECOMMUNICATIONS MANAGER, OF EMPLOYEES OF THE MONTH, JOHN GERSTENBERG, SENIOR PROGRAMMER ANALYST, AND CONNIE LAWTHERS, SENIOR INFORMATION TECHNOLOGY SPECIALIST PRESENTATION OF A PROCLAMATION TO BUCK MARTIN, DII2ECTOR OF RECREATION, PROCLAIMING JULY 2010 AS RECREATION AND PARKS MONTH IN THE CITY OF CHULA VISTA PRESENTATION BY AUDREY M. DAMS OF FREDERICKA MANOR, OF 19 HANDMADE BLANKETS TO FIRE CHIEF DAVID HANNEMAN, FOR DISTRIBUTION TO FAMILIES 1N NEED RECOGNITION BY ANGEL CHANCHEA, MUSCULAR DYSTROPHY ASSOCIATION REPRESENTATIVE, TO F1RE CHIEF DAVID HANNEMAN AND REPRESENTATIVES FROM CHULA VISTA LOCAL 2180, FOR RAISING NEARLY $10,000 WITH THE "FILL THE BOOT" CAMPAIGN CONSENT CALENDAR (Items 1-8) 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 fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. WRITTEN COMMUNICATIONS A. Letter of resignation from Juan Ulloa, Resource Conservation Commission. Staff recommendation: Council accept the resignation. B. Memorandum from Deputy Mayor Ramirez requesting an excused absence from the June 22, 2010 Council meeting. Recommendation: Council excuse the absence. 2. 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 (SECOND READING AND ADOPTION) 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 ordinance was introduced on June 22, 2010. (City Attorney) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO 1) SEEK FINAL DESIGNATION OF THE SAN DIEGO REGIONAL ENTERPRISE ZONE; 2) MODIFY AND EXPAND THE BOUNDARY OF THE SAN DIEGO REGIONAL ENTERPRISE ZONE; AND 3) AUTHORIZE THE CITY MANAGER TO SIGN AND SUBMIT ALL REQLIJI2ED DOCUMENTS TO THE STATE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Page 2 -Council Agenda htto'//www.chulavistaca.~ 7uly 13, 2010 On November 3, 2006 Chula Vista and its partner cities, San Diego and National City, received "Conditional Approval" from the State of California Housing and Community Development Department (HCD) for a new San Diego Regional Enterprise Zone designation. The cities have now completed all the necessary steps to seek final approval designation from HCD. In addition, the cities also seek to expand the Enterprise Zone Boundary by up to 15%, and to modify the boundary to include areas that were omitted prior to the conditional designation. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 4. 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 (FIRST READING) On June 10, 2010, the Chula Vista Redevelopment Corporation adopted Resolution No. 2010-013, amending its Bylaws. When the item went to the City Council for ratification on June 15th, it was pulled to make several changes and corrections. Those changes and corrections were adopted by the CVRC on June 24, 2010. Also on June 10th, the CVRC adopted a resolution to seta 4 P.M. start time for its regular meetings, pending Council amendment of the Chula Vista Municipal Code. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF CITY OWNED LAND TO SAN DIEGO GAS & ELECTRIC COMPANY FOR ELECTRIC FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY EASEMENT DEED The County of San Diego has designated three separate Underground Utility District Boundaries along Sweetwater Road, Phases 1, 2 and 3, using the 20A Rule. The easement SDG&E is pursuing from the City of Chula Vista is in relation to Phase 1. This boundary extends from Willow Street to Central Avenue. Normally these facilities are placed in the franchise area, however the location of existing wet utilities require SDG&E to extend their equipment on to the City of Chula Vista's property. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 -Council Agenda htto'//www.chulavistaca.eov July 13, 2010 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2010/2011 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I, OS-I, 08-M, 09-M, 11-M, 12-I, 12- M, 13-I, AND 13-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2010/2011 WITHIN COMMUNITY FACILITIES DISTRICTS 06-I AND 07-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Years 1998-2006. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space preserve areas and maintenance of other public facilities, or to repay bondholders. Adoption of the resolutions authorizes the levy of maximum special taxes for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I, 07-I, 07-M, 08-M, 08-I, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TOTALING $118,861 FOR THE PURCHASE OF ONE (1) SEWER RODDING TRUCK TO PLUMBER'S DEPOT INC., IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF BEVERLY HILLS BID NUMBER 10-36 AND PURCHASE ORDER NUMBER 10201713 The Fiscal Year 2010/2011 Sewer Fund budget provides for the replacement of one 2001 Ford Sreco sewer rodding truck. The City of Chula Vista Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies For the purchase of materials of common usage. The City has an opportunity to participate in a current City of Beverly Hills bid for favorable terms and pricing. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 8, 2010, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW Page 4 -Council Agenda http //www chulavistaca.~ov July 13, 2010 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 2, 2010, TO INCLUDE A SPECIAL RUNOFF ELECTION TO ELECT ONE MEMBER OF THE CITY COUNCIL, PURSUANT TO CHULA VISTA CHARTER SECTION 300(G); CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 2010 The Registraz of Voters has transmitted the certified results of the General Municipal Election held on June 8, 2010. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, which shall adopt a resolution reciting the fact of the election. Adoption of the resolutions declares the results of the General Municipal Election, provides for a special runoff election to elect a Member of the City Council, and adopts regulations pertaining to materials prepared by candidates and the associated costs. (City Clerk) Staff recommendation: Council adopt the resolutions. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. 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 Page 5 -Council Agenda httu'//www.chulavistaca.gov July 13, 2010 The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected owner occupied properties and ultimately placed on the property tax bills for collection. (Director of Finance) Staff recommendation: Council conduct the public hearing, consider all testimony and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 10. 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) Staff recommendation: Council conduct the public hearing, consider all testimony and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTNE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 11. CONSIDERATION OF FORMATION OF ASSESSMENT DISTRICT 2009-02 (SECOND AVENUE) On May 25, 2010 the City Council adopted Resolution No. 2010-123 approving the Engineer's Report for the proposed Assessment District AD 2009-02 along Second Avenue. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. (Director of Public Works) Staff recommendation: 1) Council hold the public hearing, receive testimony, and close the public hearing. 2) City Clerk tabulate the results of the assessment ballots. 3) Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2009-02 (SECOND AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO Page 6 -Council Agenda htta://www.chulavistaca.eov July 13, 2010 12. CONSIDERATION OF TESTIMONY FOR THE FISCAL YEAR 2010/2011 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 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 resolutions allows for the assessment of currently approved levy amounts in order to ensure that the County Tax Assessor deadlines are met for all 36 of the City's Open Space Districts. (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRICT 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. 13. REPORT RELATED TO THE CHARTER REVIEW COMMISSION'S DISCUSSION OF PROPOSED BALLOT MEASURES TO IMPOSE TERM LIMITS FOR CITY COUNCIL, MAYOR, AND CITY ATTORNEY; ESTABLISH DISTRICTS FOR DISTRICT ELECTIONS; AND ELIMINATE PRIMARY ELECTIONS At the June 22, 2010 City Council meeting, the Council referred several items to the City's Charter Review Commission for discussion. The report provides an overview of the actions taken by the Commission. (City Attorney) Staff recommendation: There is no recommendation from staff. Page 7 -Council Agenda http //www chulavistaca aov July 13, 2010 OTHER BUSINESS 14. CITY MANAGER'S REPORTS 15. MAYOR'S REPORTS A. Update from Port Commissioner Stephen Padilla. B. Consideration of appointment of a voting delegate and alternate for the 2010 Annual League of California Cities Conference, to be held September 15-17 in San Diego, California. C. Consideration of ratification of reappointments to the following boards and commissions: FIRST TERM RE-APPOINTMENTS: Board of Appeals & Advisors London Meservy Cultural Arts Commission Cynthia Berndt Cultural Arts Commission Allen Gore Growth Management Oversight Commission Armida Torres Growth Management Oversight Commission Carl Harry Housing Advisory Commission Michael Lengyel International Friendship Commission Misty Tienken Mobilehome Rent Review Commission Rudy Gonzales Resource Conservation Commission Robert Coleman SECOND TERM RE-APPOINTMENTS: Commission on Aging Carol Nottley Board of Ethics Norma Toothman Board of Ethics Michael German Board of Library Trustees Daniel Linder Charter Review Commission Pedro De Lara Cultural Arts Commission Neisha Glenn (Hernandez) Cultural Arts Commission Sara Deavenport Housing Advisory Commission Mark Minas Page 8 -Council Agenda ham://www.chulavistaca.¢ov July 13, 2010 International Friendship Commission James Clark Parks & Recreation Commission Elizabeth Scott Planning Commission Lisa Moctezuma Planning Commission Scott Vinson Resource Conservation Commission Lynda Gilgun Safety Commission Douglas Cochrane Safety Commission Patricia Moriarty Safety Commission John Liken Veterans Advisory Commission John Acosta Veterans Advisory Commission Stephen Sprenkle 16. COUNCILMEMBERS' COMMENTS A. Councilmember Castaneda: Presentation of Certificates of Recognition of Hometown Heroes to Robert Rimbault, Paulo Mendez and Abraham Leon. B. 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. CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: A. Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon, Bart Miesfeld, Simon Silva and Maria Kachadoorian Employee organization: Mid-Managers/Professionals Page 9 -Council Agenda htto'//www.chulavis[aca.gov July 13, 2010 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 260-270 Broadway, Chula Vista, CA; APN: 567-032-18; 567-032-19 and 567-032-20. Agency negotiator: Eric Crockett, Rick Ryals and Mandy Mills Negotiating Parties: City of Chula Vista and London Group Under Negotiation: Property Purchase Negotiations ADJOURNMENT to the next Regular City Council Meeting on July 20, 2010, at 4:00 p.m., in the Council Chambers. 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 AMEffiCANS WITH DISABILITIES ACT The City of Chula Vista reguests 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 10 -Council Agenda http //www chulavistaca.gov July 13, 2010