Loading...
HomeMy WebLinkAbout2010/09/28 Item 1 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 13, 2010 3:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 3:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth A venue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox ABSENT: None CLOSED SESSION ITEMS I. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): Citv of Chula Vista v. NexHorizon Broadband of Southern California. Inc. San Diego Superior Court, Case No. 37-2010-00083634-CU-BC-CTL No reportable action was taken on this item. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Propertv: San Diego County Assessors' Parcel No. 595-070-74-00 (City) and 639-030- 16-00 (D-K Investment Corp., et, al.) Agencv Negotiators: Rick Ryals and Gary Halbert Negotiating Parties: City ofChula Vista, D-K Investment Corporation/Gilbert Dreyfuss Under Negotiation: Land Exchange; authorization and terms No reportable action was taken on this item. 3. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One Case This item was not discussed. ADJOURNMENT At 3:30 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting of April 13, 2010, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 1 - Council Minutes lit April 13, 2010 DRAFT o MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 13, 2010 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06 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, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Dr. Lowell Billings, Chula Vista Elementary School District Superintendent led the Pledge of Allegiance. . i SPECIAL ORDERS OF THE DAY . INTRODUCTION BY POLICE CHIEF DAVID BEJARANO, OF EMPLOYEE OF THE MONTH, JOHN STEDMAN Police Chief Bejarano introduced employee of the month, John Stedman. Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Mr. Stedman.. . PRESENTATION OF A PROCLAMATION TO THE CITY'S CLEAN TEAM, PROCLAIMING THE WEEK OF APRIL 17 THROUGH APRIL 24, 2010, AS EARTH WEEK IN THE CITY OF CHULA VISTA Environmental Resource Specialist Castagnola presented upcoming events in celebration of earth week, and invited everyone to participate in the various activities. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Staff Member Castagnola. . INTRODUCTION BY CHULA VISTA ELEMENTARY SCHOOL DISTRICT SUPERINTENDENT, DR. LOWELL BILLINGS OF THE DISTRICTS 27TH ANNUAL SPEECH CONTEST "GO GREEN/RECYCLEIGLOBAL WARMING: WHAT CAN I DO?", AND PRESENTATION OF THE AWARD-WINNING SPEECHES BY SIERRA LEEPER, FOURTH GRADE STUDENT, CASILLAS ELEMENTARY; CASSANDRA LUNA, FIFTH GRADE STUDENT, MARSHALL ELEMENTARY; AND BRENT AVERY, SIXTH GRADE STUDENT, OLYMPIC VIEW ELEMENTARY Page I - Council Minutes April 13, 2010 I~-/ DRAFT SPECIAL ORDERS OF THE DAY Dr. Billings introduced the winners of the Chula Vista Elementary School District's 27th Annual Speech Contest: Sierra Leeper, fourth grade winner; Cassandra Luna, fifth grade winner; Brent Avery, sixth grade winner. Each student then gave a speech about the benefits of recycling. Mayor Cox and Dr. Billings then presented each of the students with a certificate of recognition. . PRESENTATION BY LIBRARY DIRECTOR, BETTY WAZNIS, OF THE THREE WINNING TEAMS FROM THE EIGHTH ANNUAL BATTLE OF THE BOOKS Library Director Waznis introduced Senior Librarian Taylor, who reported on the success of the recent Battle of the Books competition, with participation by twelve local elementary schools. She then announced the three winning teams, Chula Vista Hills Elementary, Veterans Park Elementary, and Thurgood Marshall Elementary, and presented each team with a trophy and a $100 gift card to GW School Supply. . DID YOU KNOW about the upcoming energy-efficient appliance rebate programs? Conservation Specialist Arellano provided information about the upcoming energy efficient appliance rebate programs. . PRESENTATION OF A PROCLAMATION TO JIM MILLER, ACTING ADMINISTRATOR OF THE CHULA VISTA VETERANS HOME, AND CHULA VISTA VETERANS HOME RESIDENTS, PROCLAIMING AUGUST 14, 2010 AS KEEP THE SPIRIT OF '45 ALIVE! DAY IN THE CITY OF CHULA VISTA I I Mayor Cox introduced Jim Miller and Joan DeMunbrun, representing the Chula Vista Veterans Home, and announced that a nationwide event was scheduled for August 14, 2010 in celebration of the 65th anniversary of the end of World War II. She stated that the event would be celebrated locally on May 28, 2010 at Veterans Park. Mayor Cox then read the proclamation and Councilmember Castaneda presented it to Jim Miller and Joan DeMunbrun. . PRESENTATION OF A PROCLAMATION TO TONYA TOROSIAN, EXECUTIVE DIRECTOR OF SAN DIEGO COUNTY COMMISSION ON CHILDREN, YOUTH AND FAMILIES, PROCLAIMING APRIL 2010 AS CHILD ABUSE PREVENTION MONTH Mayor Cox read the proclamation and Councilmember Thompson presented it to Ms. Torosian. At 5:00 p.m., Mayor Cox announced a meeting recess. The meeting reconvened at 5:07 p.m., with all members present. CONSENT CALENDAR (Items 1-13) Mayor Cox announced that Items 3, 4, 8 - 11, and 13 were removed from the Consent Calendar for separate consideration. Deputy Mayor Ramirez stated that he would be abstaining from voting on Items 9, 10, and II, due to a potential conflict of interest with property ownership. Page 2 - Council Minutes April 13,2010 /6-..2., DRAFT CONSENT CALENDAR (Continued) Councilmember Castaneda stated he would be abstaining from voting on Item 13, due to a potential conflict of interest with property ownership. Mayor Cox announced that Items 3, 4 and 8 would be placed on a future Council Agenda at the request ofthe City Attorney. 1. APPROVAL OF MINUTES of November 17,2009 Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Jeremy Hogan, MD, Design Review Board. Staff recommendation: Council accept the resignation. 3. This item was removed from the Consent Calendar. 4. This item was removed from the Consent Calendar. 5. RESOLUTION NO. 2010-068, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING "GET CONNECTED!" IN THE STATE OF CALIFORNIA WHICH IS A PUBLIC AWARENESS PROGRAM TO PROMOTE INCREASED BROADBAND CONNECTIVITY AND CITY COUNCIL DIRECTION TO THE CITY MANAGER TO FOSTER POLICIES AND ACTIONS TO PROMOTE INCREASED BROADBAND CONNECTIVITY I , Adoption of the resolution supports a broadband access throughout the state of California. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2010-069, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $85,781 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money was deposited by the Police Department in accordance with Government Code Article 3, Section 50050 provisions, whieh state that money remaining unclaimed for three years may become the property of the City after certain advertising requirements are met. The amount of$85,781 is now eligible for transfer to the General Fund. (Chief of Police) StatIrecommendation: Council adopt the resolution. Page 3 - Council Minutes April 13, 2010 ;t2>--3 DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2010-070, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $150,000 FROM THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY, AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/5TH VOTE REQUIRED) The Police Department and South Bay Community Services have been working in partnership for the past twelve years providing domestic violence services to the community. Adoption of the resolution accepts grant funding from the California Emergency Management Agency for Domestic Violence Response Team services and approves a contractual agreement with South Bay Community Services to provide services for domestic violence cases. (Chief of Police) Staff recommendation: Council adopt the resolution. 8. This item was removed from the Consent Calendar. 9. This item was removed from the Consent Calendar. 10. This item was removed from the Consent Calendar. II. This item was removed from the Consent Calendar. 12. RESOLUTION NO. 2010-074, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $77,694 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE REGIONAL USED OIL AND OIL FILTER RECYCLING PROGRAM FROM THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY'S USED OIL RECYCLING BLOCK GRANT FOR 2010, 15TH CYCLE AND AMENDING THE FISCAL YEAR 2010 WASTE MANAGEMENT AND RECYCLING FUND BUDGET (4/5THS VOTE REQUIRED) The California Used Oil Enhancement Act (1999) requires the collection offour cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the State Department of Resources, Recycling and Recovery (CalRecycle) use a portion of the funds to provide block grants to local goverrunents for used oil programs. Due to drastic cuts in funding for the grant program, CalRecycle has encouraged jurisdictions to form regional used oil/filter recycling programs. Chula Vista is the lead agency for a South and East County used oil recycling program. Adoption of the resolution accepts the grant award of $77,694 for the Used Oil Block Grant Recycling Program. (Director of Public Works) Staff recommendation: Council adopt the resolution. 13. This item was removed from the Consent Calendar. Page 4 - Council Minutes April 13, 2010 //3-'1 DRAFT CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent Calendar Items 1,2,5,6, 7 and 12, headings read, text waived. Council member Thompson seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR Items 3, 4 and 8 were pulled to a future agenda at the request of the City Attorney. These items were not discussed and no action was taken. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (I) ACCEPTING $1,999,806 IN LOAN FUNDS FROM THE CALIFORNIA ENERGY COMMISSION TO INSTALL ENERGY EFFICIENT LIGHTING AND SOLAR PHOTOVOLTAIC SYSTEMS AT MULTIPLE MUNICIPAL FACILITIES; (2) APPROPRIATING $1,999,806 IN LOAN FUNDS TO THE CITY'S ENERGY CONSERVATION FUND; (3) ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT - MULTI-SITE ENERGY EFFICIENT LIGHTING (GG210); (4) AMENDING THE FISCAL YEAR 2009/2010 CAPITAL IMPROVEMENT PROGRAM, AND (5) APPROPRIATING $1,999,806 OF ENERGY CONSERVATION FUNDS TO GG210 AND TO EXISTING CAPITAL IMPROVEMENT PROJECT GG208 (MUNICIPAL SOLAR PHOTOVOLTAIC SYSTEMS) (4/5THS VOTE REQUIRED) As part of the City's climate protection efforts, Chula Vista was awarded a low-interest loan from the California Energy Commission to install energy efficient lighting and solar photovoltaic systems at multiple municipal sites to reduce energy use and lower the associated greenhouse gas emissions. The loan will be combined with state and federal incentives and grants to lower the project's net implementation costs, and will be repaid through the annual energy cost savings. (Director of Conservation & Environmental Services/Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (I) ACCEPTING $772,817 IN INCENTIVE FUNDS FROM THE CALIFORNIA SOLAR INITIATIVE TO INSTALL SOLAR PHOTOVOLTAIC SYSTEMS AT MULTIPLE MUNICIP AL FACILITIES; (2) APPROPRIATING $772,817 IN INCENTIVE FUNDS TO THE CITY'S ENERGY CONSERVATION FUND; (3) AMENDING THE FISCAL YEAR 2009/2010 CAPITAL IMPROVEMENT PROGRAM AND; (4) APPROPRIATING $772,817 OF CITY ENERGY CONSERVATION FUNDS TO EXISTING CIP GG208 (MUNICIPAL SOLAR PHOTOVOLTAIC SYSTEMS) (4/5THS VOTE REQUIRED) To lower energy costs and reduce peak energy demand, Chula Vista will be installing solar photovoltaic systems at II municipal facilities over the next 8 months. The project's costs are being funded through a low-interest California Energy Commission loan and federal American Recovery & Reinvestment Act funds. In addition, $772,817 of California Solar Initiative incentives have been reserved for the project to further reduce net implementation costs. (Director of Conservation and Environmental ServicesIDirector of Public Works) I ! I I i I I I I I Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes April!3,2010 /~-s DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT FOR THE "CITYWIDE ENERGY LIGHTING RETROFIT PROJECT IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. GG2I0)" TO AMERlCAN POWER SOLUTIONS WHICH WILL BE FUNDED THROUGH CAPITAL IMPROVEMENT PROJECT GG2I0 AND REIMBURSED THROUGH THE CALIFORNIA ENERGY COMMISSION (CEC) LOAN PROGRAM The Citywide Lighting Retrofit Project is the second phase of a plan to install energy saving induction and Light Emitting Diode (LED) light fixtures at multiple sites throughout the City. This project will consist of an investigation of existing lighting components, the design and calculations for new fixtures, and the installation of induction and LED lighting fixtures at all City facilities. Adoption of the resolution approves a Design Build Agreement with American Power Solutions. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2010-071, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "PAVEMENT MAJOR REHABILITATION (OVERLAY) (STL345)" PROJECT TO FRANK AND SON PAVING, INCORPORATED IN THE AMOUNT OF $981,643.25, AND AUTHORlZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND OF ALL AVAILABLE FUNDS IN THE PROJECT :1 I ! I I !I ~ On March 24, 2010, the Director of Public Works received sealed bids for this project. The work consists of the removal and replacement of failed asphalt concrete pavement (dig-outs), AC pavement overlay, pedestrian ramp improvements, replacement of cold milling, traffic loop detectors, traffic control, and striping and marking on various streets in the City of Chula Vista. Adoption of the resolution awards the contract to Frank and Son Paving, Inc. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2010-072, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "G STREET SEWER IMPROVEMENT PROJECT, BETWEEN FOURTH AVENUE AND SECOND AVENUE (SW251)," TO CASS CONSTRUCTION IN THE AMOUNT OF $452,096, AND AUTHORlZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On March 10, 2010, the Director of Public Works received sealed bids for this project. The work to be done consists of the removal and replacement of existing sewer pipe and sewer manholes and other work to complete the project. Adoption of the resolution awards the contract to Cass Construction and authorizes the expenditure of available funds for completion of construction. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes April!3,2010 /13--t DRAFT CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2010-073, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "OXFORD STREET IMPROVEMENTS BETWEEN THIRD AVENUE AND ALPINE AVENUE IN THE CITY OF CHULA VISTA (STL305)" TO PAL GENERAL ENGINEERING, INCORPORATED IN THE AMOUNT OF $U41,264, AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $1,600,000 FROM THE EXISTING SOUTHWESTERN CHULA VISTA STREET IMPROVEMENTS PROJECT (STL306) TO STL305 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT (4/5THS VOTE REQUIRED) On March 24, 2010, the Director of Public Works received twelve (12) scaled bids for this project. The work consists of curb, gutter and sidewalk improvements, and related street work. Adoption of the resolution awards the contract to Pal General Engineering, Inc. (Director of Public Works) . Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and olTered Resolution Nos. 2010-07 I, 20 10-072 and 2010-073, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining. 13. RESOLUTION NO. 2010-075, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO TWO AGREEMENTS WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND ACCEPTING GRANTS FROM THE TRANSNET SMART GROWTH INCENTIVE PROGRAM FOR FISCAL YEARS 2009/2010 AND 2010/2011 The San Diego Association of Governments (SANDAG) announced in December 2008, a "Call for Projects" to all eligible cities interested in applying to receive TransNet Smart Growth Incentive Program Grants. The City applied, and was awarded $2,683,900. Adoption of the resolution establishes roles for these funds. (Development Services Director) Staff recommendation: Council adopt the resolution. Mayor Cox moved to approve staffs recommendation and offered Resolution No. 2010-075, heading read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. PUBLIC COMMENTS Adam Sparks, representing the Third Avenue Village Association (TAVA), announced that T A V A would be conducting monthly open forum meetings for the general public and businesses on the last Thursday of each month, from 5:00 p.m. to 7:00 p.m. at Mangia Italiano restaurant on Third Avenue, commencing May 27, 2010. He invited the public to access the T A V A website for information on upcoming entertainment events. Page 7 - Council Minutes April13.201O /13 -7 DRAFT PUBLIC HEARINGS 14. CONSIDERATION OF TERMINATION OF NEXHORIZON COMMUNICATIONS INC., CABLE TELEVISION SYSTEM FRANCHISE, FOR FAILURE TO COMPLY WITH MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT NexHorizon Communications, Inc. (NexHorizon) has been operating a cable television system pursuant to a Franchise Agreement with the City and has failed to meet certain material provisions of the Agreement. Staff provided NexHorizon with notice identifYing the material provisions that had been violated and provided NexHorizon in excess of 30 days to correct the violations and ultimately a notice that a public hearing to consider termination would go forward on November 17,2009. NexHorizon asserts that it had not received adequate notice of the termination hearing. Although Staff asserts that termination and notice were conducted properly, in an effort to resolve the matter and out of professional courtesy, staff has scheduled a second public hearing on the franchise termination, for April 13, 2010. (Director of Conservation and Environmental Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox continued the hearing to the Council Meeting of May 18, 2010. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TERMINATING THE NEXHORIZON FRANCHISE AND AFFIRMING ITS PRIOR ACTION TERMINATING THE NEXHORIZON FRANCHISE IS. CONSIDERATION OF WAIVING BID IRREGULARITIES RECEIVED FOR THE "STREET LIGHT IMPROVEMENT ALONG EAST L STREET BETWEEN MONSERATE AVENUE AND NACION AVENUE AND ADJOINING STREETS (STL328)" PROJECT, AND A WARDING THE CONTRACT TO SOUTHWEST TRAFFIC SIGNAL SERVICE On March 10, 2010, the Director of Public Works received sealed bids for this project. The work consists of the installation of new street light standards with a Light Emitting Diode luminaries, and the removal and replacement of two existing overhead flashing yellow beacons. Adoption of the resolution waives a minor clerical error and awards the contract to Southwest Traffic Signal Service. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Ramirez stated that he would be recusing himself from participation on Item IS, due to a potential property-related conflict of interest, and he then left the dais at 5 :20 p.m. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Page 8 - Council Minutes /6-E April!3,201O DRAFT PUBLIC HEARINGS (Continued) ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-076, heading read, text waived: RESOLUTION NO. 2010-076, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS, AND A WARDING THE CONTRACT FOR THE "STREET LIGHT IMPROVEMENT ALONG EAST L STREET BETWEEN MONSERA TE A VENUE AND NACION AVENUE AND ADJOINING STREETS (STL328)" PROJECT TO SOUTHWEST TRAFFIC SIGNAL SERVICE IN THE AMOUNT OF $90,071 Council member Castaneda seconded the motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining. 16. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR THE "TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTION OF THIRD AVENUE AND MONTGOMERY STREET (TF331)" PER CITY CHARTER SECTION 1009 AND; APPROVING A REIMBURSEMENT AND LIEN AGREEMENT FOR THE STREET IMPROVEMENTS On February 17,2010, the Director of Public Works received five (5) sealed bids for this project. Adoption of the resolutions awards the contract to Ramona Paving and Construction Corporation, and approves a reimbursement and lien agreement. The Agreement establishes provisions for reimbursement by the Owner, the Sanchez Family Limited Partnership, of costs incurred by the City for the construction of the public street improvements along the east side of Third Avenue, north and south of Montgomery Street. (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox announced that Deputy Mayor Ra~irez would be abstaining from voting on Item 16. Assistant Director of Engineering Quilantan introduced the item. A. RESOLUTION NO. 2010-077, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTION OF THIRD AVENUE AND MONTGOMERY STREET (TF33])" PROJECT TO RAMONA PAVING AND CONSTRUCTION CORPORATION, IN THE AMOUNT OF $263,493.90 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT i I , I , I I i I I Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following Resolution Nos. 2010-077 and 20 I 0-078, headings read, text waived: Page 9 - Council Minutes //.5 -7 Aprill3,2010 , I I I I , ! i I I I I ! DRAFT PUBLIC HEARINGS (Continued) B. RESOLUTION NO. 2010-078, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AND LIEN AGREEMENT FOR THIRD AVENUE AND MONTGOMERY STREET IMPROVEMENTS Councilmember Thompson seconded the motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining. Deputy Mayor Ramirez returned to the dais at 5:25 p.m. I I I I I I I , I I , I , 'I I I I " 11 17. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BIDS RECEIVED FOR THE "OT A Y LAKES ROAD WIDENING - PHASE I" PROJECT (STM355) PER CITY CHARTER SECTION 1009 On March 29, 2010, the Director of Public Works received sealed bids for this project. The work to be done consists of the widening of portions ofOtay Lakes Road and East H Street, traffic signal installation and modification, modification of a parking lot at Bonita Vista High School, median modification, landscaping, and the installation of a recycled water pipeline on behalf of the Otay Water District. Adoption of the resolution waives the bid irregularities and awards the contract to Southland Paving, Inc., and authorizes the expenditure of available funds for completion of construction. (Director of Public Warks) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing and continued it to the City Council Meeting of April 20, 2010. 18. CONSIDERATION BY THE CITY COUNCIL OF THE APPROVAL OF THE GENERAL FUND SPENDING PLAN FOR THE FISCAL YEAR ENDING JUNE 30, 2011 The Spending Plan reflects the City Manager's recommended allocation of resources for the coming fiscal year, taking into account the continued impact of the economic recession. (Director of Finance) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. PUBLIC HEARINGS (Continued) City Manager Sandoval introduced the item. Finance Director Kachadoorian then provided a summary of the reductions made in 2009/2010, and provided information on reduced revenue projections. She then gave an overview on the Fiscal Year 2010-2011 General Fund Spending Plan and proposed reductions. Page 10 - Council Minutes April 13, 2010 / ,6-/tJ DRAFT PUBLIC HEARINGS (Continued) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox elosed the public hearing. Councilmember Bensoussan suggested working with the Neighborhood Market Association to look at an educational program for local businesses on sign regulations, working with local appliance businesses for incentive programs to encourage the community to buy locally, and weighing bids from local contractors higher than those from other areas. Director of Conservation and Environmental Services Meacham responded that staff was working with local businesses on appliance incentives and with industries for solar programs. Councilmcmber Thompson suggested the idea of a task force that could be comprised of City staff working together with the Chamber of Commerce to address ways to increase sales tax revenues. ACTION: Councilmember Bensoussan moved to adopt the following Resolution Nos. 2010- 079 and 2010-080: A. RESOLUTION NO. 2010-079, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GENERAL FUND SPENDING PLAN FOR THE CITY OF CHULA VISTA FOR THE FISCAL YEAR ENDING JUNE 30, 2011 EXCLUDING CAPITAL PROJECTS LB 144 AND PR311 B. RESOLUTION NO. 2010-080, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPENDING PLAN FOR CAPITAL PROJECTS LBI44 AND PR311 FOR FISCAL YEAR 2010/2011 Deputy Mayor Ramirez seconded the motion. City Attorney Miesfeld requested that Items 18A and 18B be voted on separately, since Deputy Mayor Ramirez would be abstaining on Item 18B, due to a potential property-related conflict of interest. ACTION: Councilmember Bensoussan moved to.amend the motion to adopt Resolution No. 2010-079, heading read, text waived. Deputy Mayor Ramirez seconded the motion. City Attorney Miesfeld advised Deputy Mayor Ramirez to abstain on Item 18A (Resolution No. 20 I 0-079) due to a potential property-related connict of interest. ACTION: Councilmember Bensoussan withdrew the motion, and Deputy Mayor Ramirez withdrew the second. Page II - Council Minutes April 13, 20\0 /(']-// DRAFT PUBLIC HEARlNGS (Continued) ACTION: Councilmember Bensoussan moved to adopt Resolution No. 2010-079, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0- I, with Deputy Mayor Ramirez abstaining. City Attorney Miesfeld then clarified that Deputy Mayor Ramirez's conflict of interest was on Item 18B (Resolution No. 2010-080), and asked the Council to withdraw the previous vote, and call for a vote to include Deputy Mayor Ramirez. ACTION: The motion to adopt Resolution No. 2010-079 carried 5-0. ACTION: Mayor Cox moved to adopt Resolution No. 2010-080, heading read, text waived. Councilmember Thompson seconded the motion and it carried 4-0- I, with Deputy Mayor Ramirez abstaining. BOARDS/COMMISSIONS RECOMMENDATIONS 19. RESOLUTION NO. 2010-081, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE REVISED CITY OF CHULA VISTA CIVIL SERVICE RULES AS APPROVED BY THE CIVIL SERVICE COMMISSION ON MARCH 2, 2010 The City Council adopted the City of Chula Vista Civil Service Rules on February 14, 1950. In the last years, changes in laws, technology, and procedures, have resulted in outdated rules. At its March 4,2010 meeting, the Civil Service Commission approved amended Civil Service Rules for submission to the City Council for its adoption. (Director of Human Resources) 'I ,I I :i Civil Service Commission recommendation: Council adopt the resolution. City Manager Sandoval introduced the item. Human Resources Manager Bacon then introduced Civil Service Commission Chair James Floros, who provided an overview of the proposed amended Civil Service Rules. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2010-081, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. At 6:29 p.m., Mayor Cox announced a meeting recess. The meeting reconvened at 6:47 p.m., with all members present. ACTION ITEMS 20. REPORT OF INTENTION TO OFFER EMPLOYEES IN SPECIFIED JOB CLASSIFICATIONS WHO ARE MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) LOCAL MISCELLANEOUS AND LOCAL PUBLIC SAFETY-FIRE GROUPS THE OPPORTUNITY TO RETIRE WITHIN A DESIGNATED PERIOD AND RECEIVE TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE S20903 Page 12 - Council Minutes Aprill3,2010 /13 -IA DRAFT ACTION ITEMS (Continued) In an effort to signiticantly reduce Fiscal Years 2011 and 2012 General Fund expenditures and to avoid impending mandatory transfers, layotfs and demotions, it is the City's intent to offer the CalPERS Two Years Additional Service Credit benefit option as an incentive to retirement to specified classifications covered under the City's contracts with CalPERS for Local Miscellaneous and Local Public Safety Fire employees. This report is being presented to meet CaIPERS' requirement that the estimated additional employer contributions, which will be required in the future for providing the two years service credit, be disclosed prior to the adoption of the resolution implementing the option. The resolution will be presented at the May 4,2010 Council meeting. (Director of Human Resources) Human Resources Director Bacon provided information about the CalPERS Two Years Additional Service Credit retirement benefit option. Discussion ensued between the Council and staff about issues with the cost-effectiveness of the option and further reductions in staffing levels. Human Resources Director Bacon recommended having staff bring back the item with more detailed information on the issues raised by the Council. ACTION: Mayor Cox moved to continue the item to May 4. 2010. Councilmember Castaneda seconded the motion and it carried 5-0. OTHER BUSINESS 21. CITY MANAGER'S REPORTS City Manager Sandoval referred to a staff memorandum distributed on the dais regarding the Chula Vista Auto Park Sign timeline and construction schedule that included a scheduled project completion date of June 20 I O. 22. MAYOR'S REPORTS Mayor Cox made the following announcements: April 20, 20] 0 City Council Meeting - Port Commission update by Port Commissioner Padilla; April 21, 2010 - Committee of ]00 centennial meeting in the Council Chambers; May 22, 20]0 - Community Fun Run at the Olympic Training Center; the Odadan Men's Chorus from Odawara, Japan recently participated in a program with Southwestern College; B to B Fitness Center had a grand opening in the Eastlake Design District; the Animal Care Facility was receiving donations to extend the facility's cattery; and the Chula Vista Garden Club would be showcasing its hybrid Chula Vista Geranium plant at the May 4, 2010 City Council Meeting. Page 13 - Council Minutes Aprill3,2010 /6-8 DRAFT OTHER BUSINESS (Continued) 23. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez spoke about his recent Public Office Hours meeting that included discussion about Google' s plan to build and test ultra-high speed broadband networks in one or more trial locations across the country for new ways to help make internet access better and faster. To that end, he directed staft~ with Council concurrence, to come back with suggestions for a policy on ways to enhance the City's ability to keep on the cutting edge of technology. Council member Castaneda congratulated Healthy Eating and Active Communities (HEAC) on its recent graduation event for families involved in a program that provides opportunities for families to learn about the importance of healthy eating and active lifestyles. Councilmember Bensoussan made the following announcements: April 15, 2010, 5:30 p.m. - Grand Opening of Eastside Sequel Boutique, located at 1292 East Palomar on; April15, 2010, 6:00 p.m - Southwestern College Art Exhibit in the Gateway building; April 17, 2010, 9:30 a.m. - YMCA's "Healthy Kids Day" at Otay Ranch Center; April 22, 2010 through May 1, 2010 - Onstage Playhouse production, Into the Woods; April 21, 2010 - lemon tree planting event in celebration of Arbor Day and the City's upcoming centennial, at an original orchard home located at 44 North Second Avenue. Councilmember Bensoussan stated that she and Councilmember Thompson met recently with members of the Chula Vista Redevelopment Corporation to discuss an expanded western revitalization task force. To that end, she asked staff, with Council concurrence, to place on the April 20, 2010 agenda, formation of an expanded western revitalization task force. Councilmember Thompson announced his recent appointment as the South Bay at-large representative on the City/County Reinvestment Task Force, and stated that emphasis would be on efforts to seek resources to enhance the City's west side. ADJOURNMENT At 7:51 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on April 20, 2010, at 4:00 p.m., in the Council Chambers. ~k Page 14 - Council Minutes April 13,2010 /6-/~ DRAFT MINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA May 4, 2010 4:00 P.M. Regular Meetings of the City Council and the Redevelopment Agency, and a Special Meeting of the Housing Authority of the City of ChuJa Vista were 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: Council/Agency/Authority Members: Bensoussan, Castaneda, Ramirez, Thompson, and Mayor/Chair Cox ABSENT: None ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/Agency/Authority Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Jim Zemcik, Horticulturalist, led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Randy Bellamy, Charter Review Commission Francisco Javier Nava, Design Review Board City Clerk Norris administered the Oath of Office to Mr. Bellamy and Mr. Nava, and Deputy Mayor Ramirez presented them each with a certificate of appointment. . RECOGNITION BY MARlA KACHADOORIAN, FINANCE DIRECTOR, OF ALL FINANCE DEPARTMENT STAFF AS EMPLOYEES OF THE MONTH Finance Director Kachadoorian introduced the Finance Department employees. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to the Finance Department staff. . PROCLAMATION PROCLAIMING WEDNESDAY, MAY 5, 2010 AS LAW ENFORCEMENT OFFICERS' MEMORIAL DAY IN THE CITY OF CHULA VISTA Captain Wedge recognized those who had sacrificed their lives in the line of duty. He invited the public to attend the memorial service scheduled on May 5, 2010 at 12.00 p.m., at the San Diego County Administration building. Mayor Cox then read the proclanlation and Councilmember Castaneda presented it to Captain Wedge. Page 1 - CC/RDA/HA Minutes . May 4,2010 ;C-I DRAFT SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION TO MANUEL GONZALEZ, AQUATICS COORDINA TOR III, RECOGNIZING MAYAS DROWNING PREVENTION MONTH IN THE CITY OF CHULA VISTA Aquatics Coordinator Gonzalez reported that the City was recently recognized and awarded the National Drowning Prevention Alliance Award. He then provided information about the Water Watcher card program. Mayor Cox read the proclamation and Councilmember Thompson presented it to Staff Member Gonzalez. · PROCLAMATION PROCLAIMING THE WEEK OF MAY 16-22, 2010 AS NATIONAL PUBLIC WORKS WEEK Public Works Director Hopkins recognized and introduced the public works staff Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Director Hopkins. · PRESENTATION OF A PROCLAMATION TO CHRISTINE MOORE, DIRECTOR OF EXTERNAL AFFAIRS FOR AT&T, DECLARING MAY 2010 AS "NO TEXTING WHILE DRIVING" MONTH IN THE CITY OF CHULA VISTA Ms. Moore provided information about raising awareness of the "No Texting While Driving" efforts. Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Ms. Moore. CONSENT CALENDAR (Items 1-13) Items 9 and 12 were removed from the Consent Calendar for separate consideration. Councilmember Castaneda stated he would be abstaining from voting on Item 9 due to a potential property-related conflict of interest. Item 12 was removed for discussion by Mayor Cox. 1. APPROVAL OF MINUTES of January 5, 2010. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Lisa E. Jensen, Commission on Aging. Staff recommendation: Council accept the resignation. 3. ORDINANCE NO. 3152, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 20 OF THE CHULA VISTA MUNICIPAL CODE TO CONFORM TO NEW PROPERTY-ASSESSED CLEAN ENERGY (PACE) RETROFIT PROGRAMS, AUTHORIZED UNDER CALIFORNIA ASSEMBLY BILLS 811 AND 474 (SECOND READING AND ADOPTION) Page 2 - CC/RDA/HA Minutes Ie -).. May 4, 2010 DRAFT CONSENT CALENDAR (Continued) As authorized by California Assembly Bills 811 and 474, the City is developing a voluntary program, "Property-Assessed Clean Energy" (PACE), which would allow property-owners to voluntarily finance energy and water efficiency improvements through a tax assessment on their property. Adoption of the ordinance clarifies under Section 20.08 of the Chula Vista Municipal Code, the voluntary assessment and adds the title "Water", to more accurately reflect the scope and content of the code section. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3153, ORDINANCE OF THE CITY OF CHULA AMENDING VARIOUS SECTIONS OF THE CHULA VISTA MUNICIPAL CODE INCLUDING TITLE 19 (ZONING ORDINANCE) RELATED TO DEVELOPMENT REVIEW ADMINISTRATION PROCEDURES; PARKING REGULATIONS, AND NON CONFORMING USES/STRUCTURES; AND TITLE 2 (ADMlNlSTRA TION AND PERSONNEL) RELA TED TO THE PLANNING RELATED DUTIES AND FUNCTIONS OF THE CHULA VISTA REDEVELOPMENT CORPORATION; AND TITLE 18 (SUBDIVISIONS) RELATED TO ADMINISTRATIVE PROCEDURES FOR THE SUBDIVISION OF LAND FOR THE PURPOSE OF PROCESS IMPROVEMENTS (SECOND READING AND ADOPTION) In early 2009, the Development Services Department launched a comprehensive review of the City's development review process to detem1ine improvements that could streamline it, increase transparency, improve public access, make it more predictable for applicants and reduce thc cost. The item is the initial phase of Process Improvements that is recommended to begin to implement the Program's objectives. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. 5. This item was removed from the Consent Calendar. 6. RESOLUTION NO. 2010-096, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, KLR PLANNING (CONSULTANT), AND OT A Y V ALLEY QUARRY, LLC (APPLICANT), FOR CONSULTING SERVICES RELATED TO THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR A MINING RECLAMATION PLAN The applicant has submitted a mining reclamation plan associated with mining activities in a vested mining rights area. The Development Services Director has determined that the proposed project requires the preparation of an Environmental Impact Report. Adoption of the resolution approvcs a contract with KLR Planning in an amount not to exceed $90,451, for consultant services for the preparation of CEQA required environmental documents, and $22,612.75 for additional services if necessary. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 3 - CC/RDAlHA Minutes May 4, 2010 IC-?; DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2010-097, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2010-2015 REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE AND AUTHORIZING ITS , SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The Department of Housing and Urban Development (HUD) requires that all state, county, and local governments receiving Community Development Block Grant (CDBG) and HOME funds, prepare an Analysis of Impediments to Fair Housing (Analysis) every five years. The Analysis identifies fair housing impediments that affect both the region and the City and provides recommendations to remedy the impediments and further fair housing. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2010-098, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (I) APPROVING THE 2010-2015 CONSOLIDATED PLAN AND FISCAL YEAR 2010/2011 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AGREEMENTS FOR THE MANAGEMENT AND IMPLEMENTATION OF ELIGIBLE PROJECTS WITH EACH SUB-RECIPIENT/CONTRACTOR; (3) AMENDING THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $120,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO AN ELIGIBLE PROJECT; AND (4) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED DOCUMENTS NECESSARY TO OBTAIN THE HUD GRANTS As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the HOME Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and City departments to provide decent housing, economic opportunities and a suitable living environment for low and moderate-income persons. On March 23, 2010, the City Council held a Public Hearing on priorities for the 2010-2015 Consolidated Plan and 2010-2011 CDBG, HOME and ESG funding recommendations. Adoption of the resolution approves the final 2010-2015 Consolidated Plan and 2010-2011 Action Plan which contains the spending plan. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 9. This item was removed from the Consent Calendar. Page 4 - CC/RDNHA Minutes May 4, 20 10 / c -tf DRAFT CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2010-2021, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT AGENCY OF THE CITY OF CHULA VIST A (A) AUTHORIZING AN INTERFUND LOAN OF APPROXIMATELY $4.1 MILLION FROM THE LOW AND MODERATE INCOME HOUSING FUND, TO THE REDEVELOPMENT FUND, FOR THE STATE REQUIRED SERAF (SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND) PAYMENT; AND (B) AUTHORIZING NECESSARY BUDGET ADJUSTMENTS TO APPROPRIATE THE INTERFUND LOAN OF APPROXIMATELY $4.1 MILLION (4/5THS VOTE REQUIRED) Assembly Bill (AB) 26 4x of 2009 requires redevelopment agencies to remit a prescribed share of a cumulative contribution to the Supplemental Educational Revenue Augmentation Fund (SERAF) by May 10,2010. The current calculation issued by the County of San Diego (County) requires a payment of $4. I million for 20 10 and $900,000 for 2011, bringing the total outstanding obligation of the Chula Vista Redevelopment Agency (Agency) to $5 million. (Deputy City Manager/Development Services Director) Staff recommendation: Agency adopt the resolution. II. RESOLUTION NO. 2010-100, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 LIBRARY BUDGET, BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $1,999.99, FOR THE SAN DIEGO COUNCIL ON LITERACY AWARD FOR AFFILIATED LITERACY PROGRAMMING AT THE CHULA VISTA LIBRARY ENTITLED "LEAP INTO READING" (4/5THS VOTE REQUIRED) The Chula Vista Public Library has received a one-time grant award from the San Diego Council on Literacy - Affiliate Support Fund in the amount-of $1 ,999.99 for fiscal year 20 I 0, to support the library's "Leap into Reading" program to fund supplies, books and classroom materials. (Library Director) Staff recommendation: Council adopt the resolution. 12. This item was removed from the Consent Calendar. 13. RESOLUTION NO. 2010-102, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE THE ASSIGNMENT OF TWO EXISTING AGREEMENTS WITH THE SAN DIEGO UNIFIED PORT DISTRICT TO THE CHULA VISTA NATURE CENTER FOUNDATION, AND DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE ANY AND ALL ADDITIONAL AGREEMENTS NECESSARY TO COMPLETE THE TRANSFER OF OPERATIONS OF THE CHULA VISTA NATURE CENTER TO THE CHULA VISTA NATURE CENTER FOUNDATION, AS CONTEMPLATED BY THE OPERATING AGREEMENT Page 5 - CC/RDAlHA Minutes May4,2010 /c.-5 DRAFT CONSENT CALENDAR (Continued) The City currently has two agreements with the San Diego Unified Port District (Port) for the provision of Port. funding to support programs and activities. Adoption of the resolution approves the Assignment and Assumption Agreements between the City and the Foundation to allow for the transfer of the agreements from the City to the Foundation. (Director of Recreation) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendar Items 1-8, 10, II and 13, headings read, text waived. Councilmember Bensoussan seconded the motion. I , I I I I I I I I Councilmember Castaneda stated he would be registering a no vote on Item 5. ACTION: Mayor Cox amended the motion to consider Item 5 separately, and offered Consent Calendar Items 1 through 4,6 through 8, 10, 11, and 13. Councilmember Castaneda seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR , ,I ;1 i 5. RESOLUTION NO. 2010-095, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT FOR EMPLOYEES IN. SPECIFIED JOB CLASSIFICATIONS, WHO ARE MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) LOCAL MISCELLANEOUS AND LOCAL PUBLIC SAFETY-FIRE GROUPS, PURSUANT TO GOVERNMENT CODE 20903 In an effort to significantly reduce General Fund expenditures for fiscal years 20 II and 2012 and to avoid impending mandatory transfers, layoffs and demotions, it is the City's intent to grant another designated period for the CalPERS Two Years Additional Service Credit benefit option as an incentive to retirement of specified classifications (Appendix A) covered under the City's contracts with CalPERS for Local Miscellaneous and Local Public Safety Fire employees. CalPERS requires that the estimated additional employer contributions that will be required in the future for providing the two years service credit be disclosed no less than two weeks prior to the adoption of the resolution implementing the option. The additional employer cost was originally presented to Council on April 13, 2010. Council requested clarification on several points and staff presented the additional information to Council on April 20, 2010. This incentive will be available to eligible employees who retire May 5, 2010 - August 2, 2010. (Director of Human Resources) Page 6 - CC/RDA/HA Minutes May 4, 2010 /c-i DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to adopt Resolution No. 2010-095, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-1 with Councilmember Castaneda opposed. 9. RESOLUTION NO. 2010-099, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH A VENUE, FOR THE DOWNTOWN FARMERS' MARKET FROM 2:00 P.M. TO 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD, SUBJECT TO CONDITIONS OF APPROVAL AND WAIVING THE BUSINESS LICENSE FEE REQUIREMENT FOR VENDORS PARTICIPATING IN THE FARMERS MARKET On November 6, 2007, the City Council adopted Resolution No. 2007-260 extending the temporary closure of Center Street and a portion of Church Avenue for the Third A venue Village Certified Farmers Market, and waiving the business license requirement for participating vendors. The street closure and business license waiver have been approved in two-year intervals since October 1995. Adoption of the resolution extends the temporary street closure and business license fee waiver for an additional two-year period. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff recommendation and offered Rcsolution No. 2010-099, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. 12. RESOLUTION NO. 2010-101, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING A HYBRID GERANIUM AS TI-IE CHULA VISTA CENTENNIAL GERANIUM In 1964, the Geranium was designated as the official City flower of Chula Vista. Part of this designation recognized that the geranium could be hybridized. Adoption of the resolution otncially designates a new hybrid geranium as the Chula Vista Centennial Geranium. (Director of Public Works) Staff recommendation: Council adopt the resolution. Public Works Director Hopkins introduced Open Space Manager Sirois, who introduced Horticulturist Jim Zemcik and members of the Chula Vista Garden Club. Mr. Zemcik then described how the hybrid geranium was created. He stated that the plant was named the Chula Vista Centennial Geranium, and suggested including it as a cornerstone to the City's upcoming centennial. Gloria Bunch, representing the Chula Vista Garden Club, spoke on behalf of the Club's President, Marilyn Saleny and thanked the City for the recognition. She also thanked Mr. Zemcik for his work in creating the hybrid plant. Ms. Bunch stated that the Garden Club looked forward to participating in the City's Centennial celebrations. Page 7 - CC/RDAlHA Minutes May 4, 2010 1(,-7 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember Bensoussan suggested incorporating the geranium plant as part of the Third Avenue Streetscape Master Plan. ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No. 2010-101, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. PUBLIC COMMENTS Peter Watry, Chula Vista resident, commented on an upcoming joint meeting on May 18, 2010 with the City, Port Commission, Planning Commission Growth Management Oversight Commission and Chula Vista Redevelopment Corporation regarding the Chula Vista Bayfront, and requested that the Council change the scheduled meeting start time from 1 :00 p.m. to 6:00 p.m., and that the City Council meet independently from other political appointees scheduled to be present at the meeting. Anthony Deguire, Michael Deguire, and Frederick Deguire, representing Boy Scout Troop 800, each spoke about their attendance at the Council Meeting as a requirement to obtain the merit badge of Citizenship in the Community. The following members of the public spoke in opposition to the Arizona immigration law: Tehya Peterson, Chula Vista resident Senobia Muriel, Chula Vista resident, representing Most Precious Blood Church and Justice Overcoming Boundaries Jose Preciado, Chula Vista resident, representing South Bay Forum Gabriela Miranda Meza, Chula Vista resident, representing Our Lady of Guadalupe Crystal Balk, Chula Vista resident Greg Mattson and Adam Sparks, representing the Third A venue Village Association spoke about the success of the recent Cinco de Mayo event. Willard Howard, Chula Vista resident, commented that the Arizona immigration law should be in left in the hands of the government. He commented on the costs associated with Special elections and suggested amending the law so that a seated Councilmember would be prohibited from running for another office. Jose Preciado, Chula Vista resident, suggested that the May 18, 2010 meeting be held at a later hour to accommodate public input. Page 8 - CCIRDAlHA Minutes Ie. -8 May 4, 2010 DRAFT PUBLIC HEARINGS 14. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION 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) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2010- 103, heading read, text waivcd: RESOLUTION NO. 2010-103, 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 Deputy Mayor Ramirez seconded the motion and it carried 5-0. 15. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS 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) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. 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. 2010-104, heading read, text waived: Page 9 - CC/RDA/HA Minutes /C"'7 May 4, 2010 .... DRAFT PUBLIC HEARINGS (Continued) RESOLUTION NO. 2010-104, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Councilmember Thompson seconded the motion and it carried 5-0. ACTION ITEMS Item 16 was removed from the Agenda. This item was not heard and no action was taken. 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 17. CONSIDERATION OF LOAN AGREEMENT AND BOND ISSUANCE TO FINANCE THE LANDINGS II AFFORDABLE HOUSING DEVELOPMENT Chelsea Investment Corporation (CIC) and Brookfield-Shea have proposed the development and construction of a 143-unit affordable housing development for low- income households, known as The Landings II (the Project) within the Winding Walk master planned community. To finance the Project, CIC has requested a $2.4 million loan from the City's HOME funds, $2 million from its Affordable Housing In-lieu Fees, $4 million from the Redevelopment Agency of the City of Chula Vista and issuance of $30 million in Multifamily Housing Revenue Bonds by the City's Housing Authority. Adoption of the resolutions authorizes the execution of all documents necessary to fund the requested loans and issuance of bonds to finance The Landings II affordable housing development. (Deputy City Manager/Development Services Director) Principal Project Coordinator Hines provided information about the Landings II affordable housing development. ACTION: Councilmember Thompson moved to adopt the following Resolution No. 2010- 105, heading read, text waived: A. RESOLUTION NO. 2010-105. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (A) APPROPRIATING $2,400,000 FROM HOME INVESTMENT PARTNERSHIP FUNDS AND $2,000,000 FROM HOUSING AUTHORITY IN LIEU FEES FOR THE DEVELOPMENT OF THE LANDINGS II; AND (B) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE HOME LOAN AGREEMENT AND A LOAN AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, AND LANDINGS II, L.P. AND ALL OTHER AGREEMENTS AND DOCUMENTS NECESSARY FOR THE FINANCING OF THE LANDINGS II AFFORDABLE APARTMENT PROJECT (4/5THS VOTE REQUIRED) Councilmember Bensoussan seconded the motion and it carried 5-0. Page 10 - CC/RDAlHA Minutes Ie -It) May 4,2010 DRAFT ACTION ITEMS (Continued) ACTION: B. ACTION: Agency Member Thompson moved to adopt the following Redevelopment Agency Resolution No. 2010-2022, heading read, text waived: RESOLUTION NO. 2010-2022, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LOAN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND LANDINGS II, L.P. AND ALL OTHER AGREEMENTS AND DOCUMENTS NECESSARY FOR THE FINANCING OF THE LANDINGS II AFFORDABLE APARTMENT PROJECT Agency Member Bensoussan seconded the motion and it carried 5-0. Authority Member Thompson moved to adopt the following Housing Authority Resolution No. 2010-041, heading read, text waived: c. RESOLUTION NO. 2010-041, RESOLUTION OF THE I-lOUSING AUTHORITY OF THE CITY OF CHULA VISTA .AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF THE LANDINGS II MUL TIF AMIL Y RENTAL HOUSING PROJECT, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF ANY AND ALL DOCUMENTS NECESSARY TO ISSUE THE BONDS, AND IMPLEMENT THIS RESOLUTION, AND RATIFYING AND APPROVING ANY ACTION HERETOFORE TAKEN IN CONNECTION WITH THE BONDS Authority Member Bensoussan seconded the motion and it carried 5-0. OTHER BUSINESS 18. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS City Manager Sandoval referred to Consent Item 10, and reported that a lawsuit filed by the California Redevelopment Association opposing the fund takeaways from cities by the State, had failed. 19. MA YOR/CHAIR'S REPORTS A. Ratification of appointment of Allen Gore to the Cultural Arts Commission. B. Ratification of appointment of Michael Lengyel to the Housing Advisory Commission. C. Ratification of appointment of Robert Coleman to the Resource Conservation Commission. May 4, 2010 Page II - CC/RDA/HA Minutes Ie. ---/1 DRAFT OTHER BUSINESS (Continued) ACT]ON: Mayor Cox moved to ratify the appointment of Allen Gore to the Cultural Arts Commission, Michael Lengyel to the Housing Advisory Commission, and Robert Coleman to the Resource Conservation Commission. Deputy Mayor Ramirez seconded the motion and it carried 5-0. Mayor Cox reported that at the May 4, 2010 San Diego Unified Port District Meeting, the Board of Port Commissioners took a neutral position on the matter of legislation on the effect of maritime uses on port cities, that resulted in a good outcome. She further stated that the Board of Port Commissioners voted unanimously to approve a settlement agreement with the environmental groups. She referred to an earlier comment from a member of the public regarding the start time for the May 18, 2010 Special Meeting, and explained that the scheduled I :00 p.m. start time was the regular meeting time for the Board of Port Commissioners. Furthermore, the joint meeting would allow agencies involved to all hear the same information. Mayor Cox addressed the issue of the recent State of Arizona immigration law, stating that immigration was a federal law issue. She commented that according to Police Chief Bejarano, the Chula Vista Police Department never uses racial profiling to pull drivers over. I ,I I i I ACT]ON: Mayor Cox moved to designate the Council Legislative subcommittee, comprised of the Mayor and Deputy Mayor, to return to the Council with a draft resolution that speaks to the City's diversity and a full and complete discussion about the City's views on the recent Arizona immigration law. Deputy Mayor Ramirez seconded the motion and it carried 5-0. Mayor Cox encouraged anyone interested in fostering kittens to contact the Chula Vista Animal Care Facility. She also announced the upcoming wine festival fundraiser at the Chula Vista Nature Center. 20. COUNCIL/AGENCY MEMBERS' COMMENTS Councilmember Bensoussan announced that the next Council Energy Subcommittee meeting was scheduled for May 5, 2010 at 1:00 p.m. in the Council Chambers. She encouraged the public to stop by City Hall, Mondays through Thursdays between 9:00 a.m. and 2:00 p.m. for information about the City's Centennial celebration. A ribbon cutting event was scheduled for May 21, 2010 at the Otay Valley Regional Park Hollister Street staging area for the grand opening of new trails. She announced the recent dedication of Willett Grove, to recognize lohn Willett for his decades of support for the Otay Valley Regional Park. She announced Bike to Work Day on May 2], 20]0. She also stated that the MEXPORT Industrial Trade Show was scheduled for May 13,2010. Deputy Mayor Ramirez thanked Gilbert Molina for his donation of the park monument at the recent Willett Grove dedication event. He commented on his recent Public Office Hours meeting on April 29, 2010 regarding the Bayfront Master Plan that solicited open and interesting dialogue between all parties. He thanked Councilmember Thompson for his participation at the meeting. Page 12 - CC/RDAlHA Minutes May 4, 2010 IC- - / ...L- DRAFT OTHER BUSINESS (Continued) Council member Thompson commented on the success of Deputy Mayor Ramirez's recent Public Office Hours meeting about the bayfront. He spoke about his attendance at the Willett Grove dedication and he thanked Mr. John Willett for his commitment to the community. ADJOURNMENT At 5:46 p.m., Mayor Cox adjourned the Council meeting to the next regular meeting on May I I, 2010, at 4:00 p.m., and the Redevelopment Agency and Housing Authority to their respective regular meetings. ~ cLorraine Bennett, CMC, Deputy City Clerk 2-:- Page 13 - CC/RDA/HA Minutes May 4, 2010 Ie -/3 DRAFT ! I DRAFT MINUTES OF A WORKSHOP OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 6, 2010 4:00 p.m. A Workshop of the City Council of the City of Chula Vista was called to order at 4:08 p.m. in the Police Department Community Room, located at 315 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez (arrived at 4:52 p.m.), Thompson and Chair Cox ABSENT: None. ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld; City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS There were none. WORKSHOP 1. ANNUAL INFRASTRUCTURE AND CAPITAL IMPROVEMENT PROGRAM UPDATE City Manager Sandoval introduced the item. Director of Public Works Hopkins provided an overview of the City's infrastructure, and noted that even though some infrastructure is improved and replaced by using grant funding, with the lack of development and funding, the department is losing ground in keeping up with the necessary improvements and replacements. Director Hopkins then provided information on accomplishments for the 2009/20 I 0 year, and spoke about improvements made in the Castle Park area. He also provided information on those projects that are budgeted and scheduled, and those that were not yet scheduled due to lack of funding. He then provided an overview of the maintenance program for the City's existing assets, and noted that the maintenance programs for pavement and sewer were in good shape, but. that maintenance of facilities and the drainage system needed funding tor improvement. Councilmember Castaneda left the meeting at 5:10 p.m. Mayor Cox noted for the record, receipt of correspondence from David Krogh. Councilmember Bensoussan noted for the record, receipt of correspondence from Steve Wood. Page I - Council Workshop Minutes May 6, 2010 /D-/ DRAFT ADJOURNMENT At 5:39 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on May 11,2010, at 4:00 p.m., in the Council Chambers. J~ 12. ;Y;M-L Donna Norris, CMC, City Clerk Page 2 - Council Workshop Minutes May 6, 2010 / f)-.2.., ." DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 11,2010 3:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 3:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda (arrived at 3:07 p.m.), Ramirez, Thompson, and Mayor Cox ABSENT: None CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: APN #'s 643-070-10-00 and 644-080-15-00 Agency Negotiators: Bart Miesfeld, Jill Maland, Scott Tulloch and Michael Meacham Negotiating Parties: City of Chula Vista and SDG&E Under Negotiation: Price and Terms No reportable action was taken on this item. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: . Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon, Bart Miesfeld, Simon Silva and Maria Kachadoorian Employee organization: CVEA No reportable action was taken on this item. 3. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case. This item was not discussed. Page 1 - Council Minutes May 11,2010 /c-/ DRAFT ADJOURNMENT , I I I I I I I I I , I I ! I I I I , I I , I , I , I \1 i,1 At 3:50 p.m., Mayor Cox adjourned the meeting to the next regular City Council meeting of May 11,2010, at 4:00 p.m., in the Council Chambers. ~~k .. ~. Page 2 - Council Minutes IE - .2, May 11,2010 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY May 11,2010 4:00 p.m. A Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 4:05 p.m. in the Conncil Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council/Agency Members Bensoussan, Castaneda, Ramirez, Thompson, and Mayor/Chair Cox ABSENT: None. ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Ramirez led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Allen Gore, Cultural Arts Commission; Michael Lengyel, Housing Advisory Commission; and Robert Coleman, Resource Conservation Commission City Clerk Norris administered the oaths of office to Mr. Gore, Mr. Lengyel, and Mr. Coleman, and Councilmember Bensoussan presented the Commissioners with certificates of appointment. . PRESENTATION OF A PROCLAMATION TO CHULA VISTA EMPLOYEES, TOM ADLER, SENIOR CIVIL ENGINEER; JANICE KLUTH, SENIOR PROJECT COORDINATOR; FRANK RIVERA, PRINCIPAL CIVIL ENGINEER; ROBERTO SOLORZANO, ASSOCIATE ENGINEER; MARISA LUNDSTEDT, PRINCIPAL PLANNER; AND TO MARIA FIUPELL!, BICYCLE PROGRAM COORDINATOR WITH SANDAG, CELEBRATING THE MONTH OF MAYAS RIDE TO WORK MONTI.I AND MAY 21, 2010. AS BIKE TO WORK DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation, and Deputy Mayor Ramirez presented it to Maria Filipelli. . PRESENTATION OF A PROCLAMATION TO A REPRESENTATIVE FOR THE PORT OF SAN DIEGO PROCLAIMING SATURDAY, MAY 22, 2010, AS NATIONAL MARITIME DAY Mayor Cox read the proclamation, and Councilmember Thompson presented it to Port Commissioner Steve Padilla. Page 1 - Council/RDA Minutes May 11,2010 /F-/ DRAFT CONSENT CALENDAR (Items 1-7) 1. APPROVAL OF MINUTES of August 11,2009 and January 12,2010. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2010-106, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, AECOM TECHNICAL SERVICES, INC., AND THE OTAY LAND COMPANY, LLC, IN THE AMOUNT OF $50,000 FOR CONSULTANT SERVICES RELATED TO THE PREPARATION OF EMPLOYMENT LANDS AND FISCAL IMPACT ANALYSES, ASSOCIATED WITH THE OTAY RANCH UNIVERSITY VILLAGES GENERAL PLAN AND GENERAL DEVELOPMENT PLAN AMENDMENT( S), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Otay Land Company, LLC (Applicant) has filed an application for the proposed General Plan Amendment (GP A) and General Development Plan Amendment (GDP A) applications for the University and Southern Otay Ranch Villages Project. An economic and fiscal analysis is necessary in order to make an informed decision on the proposed GP A and GDP A. Adoption of the resolution approves a contract with AECOM for consultant services in an amount not to exceed $50,000 plus $15,000, should additional services become necessary. AECOM was selected due to its expertise in economic and fiscal impact analyses, and its extensive work on the economic and fiscal component of the City's 2005 General Plan Update. (Deputy City ManagerlDevelopment Services Director) Staffrecommendation: Council adopt the resolution. 3. RESOLUTION NO. 2010-107, 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 SDG&E/CHULA VISTA LOCAL GOVERNMENT PARTNERSHIP PROGRAM'S ENERGY-EFFICIENT ECONOMIC DEVELOPMENT INITIATIVE; (2) APPROVING AN AGREEMENT WITH DOUGLAS R. NEWMAN IN THE AMOUNT OF SIXTY FIVE THOUSAND DOLLARS ($65,000), TO ASSIST THE CITY IN THE IMPLEMENTATION OF SDG&E/CHULA VISTA LOCAL GOVERNMENT PARTNERSHIP PROGRAM'S ENERGY-EFFICIENT ECONOMIC DEVELOPMENT INITIATIVE; AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS One tocus of the Chula Vista Local Government Partnership program is to demonstrate how energy-efficient and renewable energy technologies and energy conservation can be cost-effectively integrated into large-scale development projects to reduce energy consumption and greenhouse gas emissions. The proposed agreement will assist staff in conducting research, and demonstration and technical assistance initiatives that will enable developers and builders to design and construct high-efficiency and zero-net- energy projects throughout the City. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 2 - CouncillRDA Minutes May 11,2010 /F-..2., DRAFT CONSENT CALENDAR (Continued) 4. A. RESOLUTION NO. 2010-108, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF ONE UNCLASSIFIED POSITION AND AUTHORIZING THE RECLASSIFICATION OF THE CBAG NETWORK ADMINISTRATOR I TO THE POSITION OF CBAG NETWORK ADMINISTRATOR II B. ORDlNANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (4/5THS VOTE REQUIRED) (FIRST READING) The California Border Alliance Group (CBAG) has requested the addition of one new position, CBAG Deputy Director of San Diego Law Enforcement Coordination Center (SD-LECC), and reclassification of the CBAG Network Administrator I position, to CBAG Network Administrator II. (Police Chief) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 5. RESOLUTION NO. 2010-109, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $38,500 TO THE FISCAL YEAR 2010 CAPITAL EXPENDITURES CATEGORY OF THE ASSET SEIZURE FUND FOR VEHICLE PURCHASE (4/5THS VOTE REQUIRED) Funding for the Vehicle Replacement Fund has been eliminated in the fiscal year 2010 budget and the department is in need of one additional K-9 Patrol vehicle to maintain operational effectiveness. Funds for this purchase will come from the Asset Seizure Fund. (Police Chief) StalTrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2010-110, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A THREE-YEAR CONTRACT, WITH TWO ONE-YEAR OPTIONS, TO NBS GOVERNMENT FINANCE GROUP, DBA NBS, FOR PERFORMANCE OF SPECIAL DISTRICT FORMATION, ADMINISTRATION, APPORTIONMENT, DELINQUENCY MANAGEMENT, CONTINUING DISCLOSURE AND OTHER SERVICES FOR ASSESSMENT DISTRICTS (ADS), COMMUNITY FACILITIES (MELLO-ROOS) DISTRICTS (CFDS) AND OPEN SPACE DISTRICTS (OSDS) Adoption of the resolution approves a contract with NBS Government Finance Group, and ensures that the City's fiduciary responsibility to the bondholders is fulfilled. (Director of Public Works and Director of Finance) Staff recommendation: Council adopt the resolution. Page 3 - Council/RDA Minutes May 11,2010 !F-3 DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2010-111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SAFE ROUTES TO SCHOOL-RlCE/OTAY ELEMENTARY SCHOOLS CIP NO. TF361, FEDERAL PROJECT NO. SRTSL-5203 (024)" PROJECT TO PTM GENERAL ENGINEERING SERVICES, INC. IN THE AMOUNT OF $228,028 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT ! I I I , I , I , I I , ,I , :1 I " 11 I; On April 14, 2010, the Director of Public Works received sealed bids for this project. As part of the Federal Safe Routes to School Program, the work is intended to provide safer street crossings and consists of the reconstruction of the intersections of Albany A venue with Montgomery and Zenith Streets, the installation of enhanced crosswalk improvements, pedestrian ramps, advanced warning traffic signals, and signage. Adoption of the resolution awards the contract to PTM General Engineering Services, Inc. and authorizes the expenditure of available funds for completion of construction. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Council member Castaneda moved to approve staffs recommendations, and offered Consent Calendar Items I through 7, headings read, text waived. Mayor Cox seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the Consent Calendar. PUBLIC COMMENTS The following members of the public spoke m opposition to the immigration law recently adopted by the State of Arizona (AZ SB I 070): . Carlos Lopez, Chula Vista resident, representing Communities Taking Action Pedro Rios, Chula Vista resident, representing the American Friends Service Committee David Bensoussan, Chula Vista Resident, representing South Bay Forum Yeni lnqui, National City Resident, representing Environmental Health Coalition Mar Cardenas, representing the South Bay Campus of First Unitarian Universalist Church . Blanca Gonsalez, Chula Vista resident, representing Our Lady of Guadalupe Church, submitted a letter from Congress Member Bob Filner, dated May 10,2010 opposing AZ SBI070. Jose Paniagua, Chula Vista resident, representing Alliance of Californians for Community Empowerment (ACCE), submitted a letter from the ACCE opposing AZ SB I 070. Ruben Ramirez, Chula Vista resident Page 4 - CouncillRDA Minutes Ir~11 May 11,2010 DRAFT PUBLIC COMMENTS (Continued) Alex Fernandez, San Diego resident . Richard Freeman, Chula Vista resident, representing Community Congregational Church and JOB (Justice Overcoming Boundaries) . Antonio Pizano, ChuJa Vista resident, representing the MAAC Project . Francisco Estrada, representing Assembly Member Mary Salas, submitted a letter from Assembly Member Salas dated May 11, 2010 opposing AZ SBI070. . Monica Alvarado, Chula Vista resident, representing JOB (Justice Overcoming Boundaries) Senobio Muriel, Chula Vista resident, representing Precious Blood Catholic Church . Sandra Diaz, Chula Vista resident, representing SElU - USWW (Service Employees International, Union United Service Workers West) Derrick Roach, Chula Vista resident, stated that Councilmember Thompson, while serving on the Planning Commission, had a property ownership-related conflict of interest, and asked for his resignation from the City Council. Kevin O'Neill, Chula Vista resident, requested that the City Manager direct staff to remove illegally placed advertisement signs from the parkway. He also stated that the matter regarding Arizona's immigration law should be handled at the federal level. ACTION ITEM 8. CONSlDERA TION OF APPROVAL OF THE CHULA VISTA BA YFRONT MASTER PLAN SETTLEMENT AGREEMENT The proposed Bayfront Master Plan Settlement Agreement details commitments of the parties related to proposed amendments to various City of Chula Vista and San Diego Unilied Port District plans, and implementation of mitigation measures proposed in the Final Environmental Impact Report for the Chula Vista Bayfrbnt Master Plan. (Deputy City Manager/Development Services Director) Economic Development Officer Stone provided an overview of the settlement agreement. The following members of the public spoke in support of approval of the settlement agreement: . Laura Hunter, representing Environmental Health Coalition Jim Peugh, San Diego resident, representing San Diego Audubon Society. David DiDonato, Chula Vista resident Marco Gonzalez, Encinitas resident, representing Enviromnental Health Coalition Theresa Acerro, Chllla Vista resident Gabriel Solmer, San Diego resident, representing San Diego Coastkeeper . . . The following members of the public spoke in opposition to the settlement agreement Peter Watry, Chllla Vista resident, representing Crossroads Il Willard Howard, Chula Vista resident Page 5 - Council/RDA Minutes May II, 20 10 IF-~ DRAFT ACTION ITEM (Continued) ACTION: Mayor/Chair Cox moved to adopt the following City Council Resolution No. 2010-112 and Redevelopment Agency Resolution No. 2010-2023, headings read, text waived: RESOLUTION NO. 2010-112, RESOLUTION OF THE CITY OF CHULA VISTA, AND REDEVELOPMENT AGENCY RESOLUTION NO. 2010-2023, OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA BA YFRONT MASTER PLAN SETTLEMENT AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT AND MEMBER ORGANIZATIONS OF THE BA YFRONT COALITION Council/Agency Member Bensoussan seconded the motion, and it carried 5-0. I I I I i I I I I 'i Mayor Cox announced a meeting recess at 5:56 p.m. The meeting reconvened at 6:15 p.m., with all members present. OTHER BUSINESS 9 CITY MANAGERlEXECUTIVE DIRECTOR'S REPORTS City Manager Sandoval commented on a recent lawsuit by the California Redevelopment Association (CRA) seeking to invalidate provisions of Assembly Bill X4-26, and the resulting ruling by Sacramento Superior Court Judge Lloyd Connelly to uphold the state budget bill that requires redevelopment agencies statewide to transfer $2.05 billion in local redevelopment funds for state purposes over the next two years. City Manager Sandoval reported that he, Mayor Cox and Councilmember Bensoussan attended a press conference earlier in the week about the resulting impacts of the Court decision on local redevelopment, and stated that the CRA would be appealing the court decision. He then referenced a news release by the City dated May 10, 2010, about the potential losses to the City due to the outcome of the lawsuit. 10. MA YOR/CHAIR'S REPORTS Mayor Cox announced that the second annual Olympic Training Center's Community Fun Run was scheduled for May 22,2010. She announced that the 24-hour Relay For Life event was also scheduled for May 22, 2010, at Chula Vista High School, commencing at 9:00 a.m. II. COUNCIL/AGENCY MEMBERS' COMMENTS ENERGY SUBCOMMITTEE REPORT - Councilmembers Bensoussan and Castaneda: Request for City Council signatures on a letter by the Energy Subcommittee to SDG&E supporting the relocation of the Bayfront substation. Councilmember Bensoussan provided the Council with an update from the Subcommittee's recent meeting. Councilmember Castaneda reported that the Subcommittee had also discussed with staff, the relocation of the bayfront switchyard. Page 6 - CouncillRDA Minutes /F~ May 11,2010 DRAFT OTHER BUSINESS (Continued) ACTION: Councilmember Castaneda moved to send a letter on behalf of the Council to San Diego Gas and Electric, to request aesthetic improvements in the area of the substation. Councilmember Bensoussan seconded the motion and it carried 5-0. Councilmember Castaneda suggested an update by the Chula Vista Chamber of Commerce on revenues received from the levy of assessments on lodging businesses within the Chula Vista Tourism Marketing District. Lisa Cohen, representing the Chula Vista Chamber of Commerce, responded that, pursuant to a Council resolution previously adopted, a report would be forthcoming in July or August 20 I O. Deputy Mayor Ramirez left the meeting at 6:24 p.m. Councilmember Bensoussan announced an upcoming ChuJa Vista Nature Center food and wine event on May IS, 2010 from 4:00 - 7:00 p.m. She also announced a ribbon-cutting event at the Otay Valley Regional Park on May 21, 2010 at 10:00 a.m. Mayor Cox announced, on behalf of Deputy Mayor Ramirez, the upcoming International Friendship Games on May 15,2010, commencing at 11:00 a.m. At 6:28 p.m., Mayor Cox adjourned the meeting in memory of Maria Dolores Velarde, mother of the City's Finance Director, Maria Kachadoorian, to a Special Meeting on May 18,2010, at 1:00 p.m., and the Redevelopment Agency to its next Regular Meeting. Itk~L1A I! .I10I1ALd Donna Norris, ClvIC, "City Clerk Page 7 - CouncillRDA Minutes ;r-7 !\;lay 11, 2010