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HomeMy WebLinkAboutcc min 2010/03/23MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 23, 2010 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, Assistant City Attorney Maland (left the dais at 5:50 p.m.), City Attorney Miesfeld (arrived at 5:50 p.m.), City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Karl Bradley, Assistant Superintendent of facilities and operations, Sweetwater Union High School District, led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • RECOGNITION OF PAUL DESROCHERS, DIRECTOR OF THE CHULA VISTA REDEVELOPMENT CORPORATION, ON RECEIVING THE 2010 CALIFORNIA REDEVELOPMENT ASSOCIATION'S AWARD FOR LIFETIME ACHIEVEMENT IN REDEVELOPMENT Assistant Director of Redevelopment and Housing Crockett recognized Mr. Desrochers for his Lifetime Achievement in Redevelopment Award, and spoke about his accomplishments in redevelopment. • PRESENTATION OF THE CENSUS 2010 UPDATE BY CARLA BLACKMAR, REDEVELOPMENT AGENCY PROJECT COORDINATOR Project Coordinator Blackmar presented an update of the 2010 Census. • PRESENTATION OF A PROCLAMATION TO CHEQUITA FALLS, PROGRAM MANAGER FOR MEALS-ON-WHEELS, IN CELEBRATION OF ITS 50-YEAR ANNIVERSARY Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Debbie Case and Chequita Falls. Page I -Council Minutes March 23, 20]0 SPECIAL ORDERS OF THE DAY (Continued) • PRESENTATION OF A PROCLAMATION RECOGNIZING THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR ITS EFFORTS IN USING GREEN BUILDING PRACTICES FOR SCHOOL CONSTRUCTION Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Assistant Superintendent Karl Bradley and Jaime Ortiz with SGI Construction Management. Mr. Ortiz invited Councilmembers to attend a site tour of three school sites currently under construction. CONSENT CALENDAR (Items 1-8) Items 4 and 8 were removed from the Consent Calendaz for sepazate consideration. Councilmember Thompson stated that he had a question on Item 4, and Councilmember Castaneda stated he would be abstaining on Item 8. 1. RESOLUTION NO. 2010-058, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH ARCHONIX SYSTEMS, LLC FOR MAINTENANCE AND SUPPORT OF THE COMPUTER AIDED DISPATCH SYSTEM The City installed the Computer Aided Dispatch System in 1998 and has had a maintenance contact for service and support since 1999. The agreement expires on June 30, 2010. Adoption of the resolution extends the agreement until June 30, 2015. (Director of Information Technology Services) Staff recommendation: Council adopt the resolution. 2. HOUSING ELEMENT 2009 ANNUAL PROGRESS REPORT The City of Chula Vista is required to prepaze an Annual Progress Report on the implementation of the City's Housing Element. California Government Code Section 65400 requires the report to include the following: (1) progress in meeting the Regional Housing Need; (2) the effectiveness of the Housing Element in the attainment of the community's housing goals and objectives; and (3) progress towazd mitigating governmental constraints identified in the Housing Element. This Report provides detailed information regarding the housing activities of the City of Chula Vista from January 1, 2009 through December 31, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council accept the report. Page 2 -Council Minutes Mazch 23, 2010 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2010-059, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND COMMUNITY HOUSINGWORKS FOR THE IMPLEMENTATION OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NEIGHBORHOOD STABILIZATION PROGRAM (NSP); AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS TO OBLIGATE NSP FUNDS; AND AUTHORIZING THE CITY MANAGER TO REALLOCATE UNOBLIGATED NSP FUNDS WITH EXISTING NSP NON-PROFIT CONTRACTORS/DEVELOPERS, INCLUDING THE SAN DIEGO COMMUNITY HOUSING CORPORATION, TO ACQUIRE AND REHABILITATE PROPERTIES UNDER THE NSP PROGRAM On September 1, 2009, the City Council approved an amendment of the fiscal year 2008/2009 Action Plan for the Neighborhood Stabilization Program (NSP) funds, to add a NSP eligible use to purchase and rehabilitate homes that have been abandoned or foreclosed upon, and to sell these properties. Adoption of the resolution approves an agreement with Community HousingWorks to conduct these services, authorizes the City Manager to execute the Agreement and any necessary documents to obligate NSP funds, and further authorize the City Manager to reallocate unobligated funds between NSP contractors as necessazy. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 4. This item was removed from the Consent Calendar. 5. RESOLUTION NO. 2010-061, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING ATHREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, PBS&J (CONSULTANT), AND OTAY LAND COMPANY LLC (APPLICANT), FOR CONSULTING SERVICES RELATED TO THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS (EIR) FOR THE VILLAGE 8 WEST AND VILLAGE 9 SECTIONAL PLANNING AREA PLANS AND TENTATIVE MAPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In April 2008, the City approved a Land Offer Agreement (LOA) with Otay Land Company (OLC) laying out particulaz processing considerations for its Village 8 West and Village 9 projects. The applicant has filed Sectional Planning Area (SPA) Plans and Tentative Map applications for Village 8 West and Village 9. The Environmental Review Coordinator has determined that the proposed projects require the prepazation of an Environmental Impact Report (EIR) and the applicant has elected to prepare two separate EIRs. Adoption of the resolution approves the proposed three-party agreement between the City, PBS&J and the Otay Land Company. This agreement is unique in that it proposes an arrangement by which the Applicant will retain, at the Applicant's sole cost and expense, the Consultant (PBS&J), who shall perform the services required for this project as directed by the City. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes March 23, 2010 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2010-062, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE COPERMITTEES OF SAN DIEGO COUNTY, DATED NOVEMBER 16, 2007, FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, ORDER NO. R9-2007-0001, AND AUTHORIZING THE MAYOR TO SIGN THE AMENDMENT ON BEHALF OF THE CITY The National Pollutant Dischazge Elimination System (NPDES) Municipal Permit, Order No. R9-2007-0001 (Municipal Permit) requires the Copermittees of San Diego County to cooperate in the implementation of regional programs. This cooperation necessitates a Memorandum of Understanding (MOU) among the Copermittees to address specific regional permit requirements, and to define associated Copermittees' shared regional responsibilities and financial obligations. On December 11, 2007, the City Council adopted Resolution No. 2007-293, which approved the current MOU. Adoption of the resolution amends the MOU to add a fiscal mechanism, which allows reimbursement to Copermittees for any payments that they make towazd approved regional program elements. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2010-063, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE BIDS OF THE FIRST AND SECOND APPARENT LOW BIDDERS AS NON-RESPONSIVE AND AWARDING THE CONTRACT TO THE THIRD LOWEST BIDDER FOR THE "UPGRADE OF TRAFFIC SIGNAL INTERSECTIONS IN THE CITY OF CHULA VISTA, CALIFORNIA, (TF360A) FEDERAL PROJECT NO. HSIPL 5203 (025)" PROJECT TO PTM GENERAL ENGINEERING SERVICES, INC. IN THE AMOUNT OF $261,261, AND AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $62,090 FROM THE TF366 PROJECT TO TF360 On February 10, 2010, the Director of Public Works received six (6) sealed bids for the "Upgrade of Traffic Signal Intersections (TF360A) Federal Project No. HSIPL 5203 (025)" Project. This project is included in the fiscal year 2008/2009 Capital Improvement Program budget to provide upgrade and repair to existing traffic signal equipment at approximately 31 major intersections. Project TF360A, Phase 1, will upgrade 18 of these 31 traffic signal intersections. Adoption of the resolution rejects the first and second appazent low bidders asnon-responsive due to bid irregularities, and awards the contract to the third lowest bidder, PTM General Engineering Services, Inc. The inter-project transfer is necessary to perform maintenance work (i.e., replacement of existing LED indications) not authorized under the Federal grant. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 -Council Minutes March 23, 2010 CONSENT CALENDAR (Continued) 8. This item was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendar Items 1-3, and 5-7, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. Ted Kennedy, Chula Vista resident, referenced Item 5, and suggested that the City seek local vendors for consultant work. He then asked if the upgrades referred to in Item 7 were associated with the installation of red light cameras. Mayor Cox responded that Mr. Kennedy's questions on Item 5 would be referred to the City Manager, and added that the City looked to hire locally whenever possible. Mayor Cox clarified that Item 7 was not related to red light cameras. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2010-060, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, IN THE FORM OF A RESIDUAL RECEIPTS LOAN IN AN AMOUNT NOT-TO-EXCEED $385,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO SOUTH BAY COMMUNITY SERVICES, FOR THE ACQUISITION AND REHABILITATION OF 1194-1196 TRENTON AVENUE FOR AFFORDABLE HOUSING The City of Chula Vista has received a request from South Bay Community Services (SBCS), to consider financial assistance to support the acquisition and rehabilitation of a 7-unit housing complex located at 1194-1196 Trenton Avenue to operate as affordable housing. Adoption of the resolution provides apre-commitment of $385,000 from the federal Community Development Block Grant (CDBG) funds to assist SBCS in obtaining additional affordable housing financing. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Councilmember Thompson suggested that staff look at using Redevelopment set aside for housing in place of the CDBG funding, so that those funds could be used for capital improvements on the west side. Housing Manager Mills responded and explained the allocation of CDBG funding for the project, as opposed to low and moderate income funds. Mayor Cox suggested, with Council consensus, to adopt the resolution as written, with a request to have staff investigate opportunities to refill the CDBG allocation with low and moderate funding, and if practical to do so, to ask staff to follow that through. ACTION: Councilmember Thompson moved to approve staff s recommendation and offered Resolution No. 2010-060, heading read, text waived. Mayor Cox seconded the motion and it carved 5-0. Page 5 -Council Minutes March 23, 2010 8. RESOLUTION NO. 2010-064, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AMENDING RESOLUTION NOS. 2007-241 AND 2009- 117 TO AUTHORIZE CALIFORNIA ENERGY COMMISSION LOAN AND SDG&E ON-BILL FINANCING APPLICATION SUBMITTALS FOR UP TO $9.1 MILLION WITH INTEREST RATES UP TO 3.95% AND (2) APPROVING LOAN APPLICATIONS TO THE CALIFORNIA ENERGY COMMISSION FOR AN INDUCTION STREET LIGHT RETROFIT PROJECT (UP TO $2,051,600) AND MUNICIPAL SOLAR PHOTOVOLTAIC AND MULTI-SITE LIGHTING PROJECT (UP TO $1,999,806) To facilitate the retrofitting of existing municipal structures with more energy efficient and renewable energy technologies, the City Council previously authorized staff to pursue up to $9.1 million in financing from the Califomia Energy Commission Loan (3.95% interest rate) or San Diego Gas & Electric On-Bill Financing (0% interest rate) programs. Both programs use the energy cost savings resulting from the retrofits to repay the debt service. Since the previous City Council authorizations, the California Energy Commission has reduced the interest rate of its loan program to 3.0% (or 1.0% for federal stimulus-supported projects). As a result, the California Energy Commission is requesting that the City Council clarify its approval of submitting and entering into loan agreements with interest rates Un t0 3.95%. Staff has also prepazed California Energy Commission loan applications for submittal to finance two priority projects -Induction Street Light Retrofit Project and a Municipal Solar Photovoltaic & Multi-Site Lighting Retrofit Project - in order to take advantage of the lower interest rates. (Director of Conservation & Environmental Services and Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff s recommendation and offered Resolution No. 2010-064, heading read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. PUBLIC COMMENTS Kevin O'Neill, Chula Vista resident, spoke in opposition to potential requirements for the installation of fire hydrants or other infrastructure for residential and non-discretionary permits. He also commented on statements made by a MAAC Project representative regazding a recent candidate's forum who stated they would not allow a particular moderator at the event. To that end, he requested that Council hold off on any financial cooperation with the MAAC Project until the matter was examined. PUBLIC HEARINGS 9. CONSIDERATION OF APPROVAL OF CERTAIN PROJECTS FOR THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM Page 6 -Council Minutes March 23, 2010 PUBLIC HEARINGS (Continued) State and Federal regulations require the San Diego Association of Governments (SANDAG) to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years in order to continue receiving Federal and State funding. All projects that the City of Chula Vista proposes to fund with Transnet funds must be included in the RTIP, as well as projects that aze funded with Federal or State transportation funds. (Director of Public Works) Notice of the heazing was given in accordance with legal requirements, and the heazing was held on the date and at the time specified in the notice. Assistant Director of Engineering Quilantan introduced the item Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-065, heading read, text waived: RESOLUTION NO. 2010-065, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF CERTAIN PROJECTS FOR THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2010/2011 THROUGH 2014/2015 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Councilmember Castaneda seconded the motion and it carried 5-0. 10. CONSIDERATION OF THE CITY OF CHULA VISTA HOUSING AND URBAN DEVELOPMENT (HUD) FEDERAL GRANT PROGRAMS FOR THE 2010-2015 FIVE-YEAR CONSOLIDATED PLAN, AND THE 2010-2011 ANNUAL ACTION PLAN The 2010-2015 Five-year Consolidated Plan and the 2010/2011 Annual Action Plan for the City's HUD grant programs, includes Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG). This item will provide the public with the opportunity to provide input on the community's housing and community development needs for the next five year plan and annual plan. City staff has received and reviewed funding applications and will offer Council funding level recommendations for all eligible projects/programs for the 2010/2011 fiscal yeaz, using the priorities included in the 2010-2015 Consolidated Plan. (Deputy City Manager/Development Services Director) Page 7 -Council Minutes March 23, 2010 PUBLIC HEARINGS (Continued) Notice of the heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Housing Manager Mills presented information about the Federal grant programs. Project Coordinator Davis presented the related five-year objectives and goals; and Project Coordinator Dorado explained the distribution of CDBG funds. The following members of the public thanked the Council for its continued support of funding for the respective programs: Scofield Hage and Tasha Gooch, San Diego residents, representing the San Diego Food Bank. Bob White, Chula Vista resident, representing the Veterans Home Foundation. Dale Kelly Bankhead, San Diego resident, representing Family Health Centers. Kathryn Lembo, San Diego resident, representing South Bay Community Services. Debbie Case, Jamul resident, representing Meals-on-Wheels. There being no further members of the public who wished to speak, Mayor Cox closed the public heazing. Councilmember Thompson suggested for the future, to add business retention as a priority in the Job Creation and Training section of the Five-Year Plan. Councilmember Bensoussan recommended that staff seek opportunities for funding for workforce training activities. No action was taken by the Council on this item. ACTION ITEMS 11. MOBILEHOME ISSUES STAKEHOLDER COMMITTEE STATUS REPORT In eazly October 2009, the City Council authorized the establishment of a Mobilehome Issues Stakeholders Committee to look at issues related to pazk closures and potentially recommend changes to the City's Mobilehome and Trailer Park Conversion Ordinance (Chula Vista Municipal Code Section 9.40). Staff will provide an update on the committee process and outcomes. (Deputy City Manager/Development Services Director) City Manager Sandoval introduced the item and Senior Project Coordinator Kurz provided an update on the formation of the Mobilehome Issues and Stakeholder Committee. Jerry Fick, Chula Vista resident, stated that there was nothing eminent regazding park closures, and therefore suggested leaving the matter alone. Page 8 -Council Minutes March 23, 2010 ACTION ITEMS (Continued) Duff Roberts, Chula Vista resident, representing mobilehome owners on the Mobilehome Issues and Stakeholder Committee, spoke in favor of moving forward with the Committee, and referenced a letter submitted to the Council that included concerns about the current City ordinance, mobilehome relocation and associated fees, and first right of refusal to purchase a condominium or house when pazk property is converted to dwelling units Paul Umbrell, Chula Vista resident, stated that the current City ordinance regarding mobilehome park and trailer pazk conversions was inadequate in terms of mobilehome values, relocation costs, and issues with moving an older mobilehome to a new mobilehome park. Penny Vaughn, Chula Vista resident, representing mobilehome residents on the Mobilehome Issues and Stakeholder Committee, spoke in favor of moving forwazd with the Committee, and stated that the matter of rent control that was addressed by the facilitators at previous meetings was not what the Stakeholder Committee was tasked to do. Jim Matney, member of the stakeholders group, stated that relocation standazds by other cities in the County were much higher than Chula Vista, and that the matter should be reviewed. Virginia Jensen, Coronado resident, and Chula Vista pazk owner, asked that the needs of pazk owners be considered, and spoke in opposition to further restrictions in the ordinance. Daniel Cacho, Chula Vista resident, asked for Council consideration to look at the matter as a whole, and to address rent control in a manner that would benefit pazk owners and its residents. Randy Terry, Jamul resident, and mobilehome park owner, asked that the pazk owners be treated fairly and not bear the burden on issues related to rent control, and that the City consider providing some compensation to residents in the event of a park closure. Councilmember Bensoussan suggested exploring similaz ordinances from other agencies. Deputy Mayor Ramirez spoke of the need to reach a sustainable agreement between mobilehome pazk residents and owners, for the long term, and to look at all funding mechanisms. ACTION: Councilmember Castaneda moved to accept the report as presented by staff. Councilmember Bensoussan seconded the motion and it carried 5-0. ACTION: Mayor Cox moved to have staff take the matter of rent control back to the Mobilehome Rent Review Commission for its consideration of the existing rent control ordinance, and once on the agenda, to inform the stakeholders. Councilmember Castaneda seconded the motion, then withdrew the second. The motion was seconded by Deputy Mayor Ramirez. Further discussion ensued about addressing both issues of pazk closures and rent control. Page 9 -Council Minutes March 23, 2010 ACTION ITEMS (Continued) City Attorney Miesfeld stated that there may be issues as to whether or not the Mobilehome Rent Review Commission would have the authority to address the issue of mobilehome pazk closures. Deputy Mayor Ramirez suggested that the Mobilehome Rent Review Commission come back to the Council with recommendations about what the Commission was allowed to address on the matter. Staffinember Kurz stated that the next Mobilehome Rent Review Commission meeting was scheduled for April 15, 2010, and that an item was agendized for a staff report on the Mobilehome Issues Stakeholder outcome and process. Mayor Cox withdrew her motion with concurrence by Deputy Mayor Ramirez, and asked staff to advise the stakeholder committee of the next Mobilehome Rent Review Commission meeting on this matter. 12. CONSIDERATION OF AMENDING THE FISCAL YEAR 2009/2010 LIBRARY BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $5,000 The Chula Vista Public Library received aone-time grant award from the California State Library -Library Services and Technology Act in the amount of $5,000 for fiscal yeaz 2009/2010 for the reimbursement of educational costs for library employee(s) undertaking graduate study to obtain a Masters in Library Science. (Library Director) ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2010- 066, heading read, text waived: RESOLUTION NO. 2010-066, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 LIBRARY BUDGET BY APPROPRIATING AONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $5,000 FOR THE CALIFORNIA STATE LIBRARY AWARD THROUGH THE LIBRARY SERVICES AND TECHNOLOGY ACT FOR LIBRARY EMPLOYEE EDUCATIONAL REIMBURSEMENT (4/STHS VOTE REQUIRED) Deputy Mayor Ramirez seconded the motion and it tamed 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Sandoval noted two scheduled Council Workshops, April 1, 2010, and May 6, 2010. 14. MAYOR'S REPORTS Mayor Cox acknowledged the Olympic athletes who utilized the Chula Vista Olympic Training Center in prepazation for the recent Vancouver Winter Olympics. She commented on a newspaper article about her participation in a forum, and clarified that her only communication with the leader of the forum was in a response to an e-mail to the editor of the Chula Vista Star News, thanking him for the opportunity and indicating her interest in participating. Page 10 -Council Minutes March 23, 2010 I5. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez commented on a recent announcement by Google to involve communities with an opportunity to test ultra-high speed broadband networks nationwide. He stated that the City could be a competitive candidate for the test plan. Director of Conservation and Environmental Services Meacham responded that staff would be submitting an application to Google. Deputy Mayor Ramirez announced that this topic would be the subject of his next Public Office Hours meeting on April 12, 2010. Councilmember Castaneda informed the Council of stricter marketing laws by the Food and Drug Administration (FDA) to curb youth smoking and the sale of tobacco to under-aged youth. He recommended that staff contact local State representatives to seek funding resources for local enforcement of tobacco sales to minors. Councilmember Thompson spoke regazding the City's Boards and Commissions members, and suggested that not more than one member of a particular board or commission be representative of the same entity. Councilmember Thompson clazified comments made by a member of the public regazding participation by the MAAC Project in a recent candidate's forum, stating that the MAAC Project's role in the forum mishap was due to a request from a number of community members. Mayor Cox recessed the meeting to convene in Closed Session at 6:51 p.m. CLOSED SESSION 16. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon, Bart Miesfeld, Maria Kachadoorian, Rob Betts, David Hanneman and Simon Silva Employee organization: IAFF No reportable action was taken on this item. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): A. Sergio Lopez v. City of Chula Vista, et al., United States District Court, Case No. 07cv1272-WQH (BLM) B. Ro eg r Tavlor v. Citv of Chula Vista, San Diego Superior Court, Case No. 37- 2008-0007264-CU-PO-S C Page 11 -Council Minutes March 23, 2010 CLOSED SESSION (Continued) C. City of Chula Vista v. NexHorizon Broadband of Southern California, Inc., San Diego Superior Court, Case No. 37-2010-00083634-CU-BC-CTL D. South Bav Expressway, L.P., et al. v. City of Chula Vista, San Diego Superior Court, Case No. GIC 869386 and E. Tomy Stenvall v. Citv of Chula Vista, United States District Court, Case No. 08CV2167JLS(RBB) No reportable action was taken on Items 17 A-E. 18. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PropertX: San Diego County Assessors' Parcel No. 595-070-74-00 (City) and 639-030- 13-00 (D-K Investment Corp., et, al.) Agency Neeotiators: Rick Ryals and Gary Halbert Ne otg iating Parties: City of Chula Vista, D-K Investment Corporation/Gilbert Dreyfus Under Negotiation: Land Exchange; authorization and terms This item was pulled from the agenda. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: • One Case. No reportable action was taken on this item. ADJOURNMENT At 10:05 p.m., Mayor Cox adjourned the meeting in memory of Mary Pazks. Lorraine Bennett, CMC, Deputy City Clerk Page 12 -Council Minutes Mazch 23, 2010