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