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HomeMy WebLinkAboutrda min 2010/04/20 ccMINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Apri120, 2010 4:00 P.M. Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 4:14 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 (arrived at 4:41 pm.), Thompson, and Mayor/Chair Cox ABSENT: None ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/Agency Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Marilyn Saleny, President of the Chula Vista Garden Club, led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • DID YOU KNOW that Southbay's history is part of the Chula Vista Elementary School District's third grade curriculum, and the students' work is on display in City Hall? Recreation Director Martin introduced Nancy Kerwin and Linda Marion from the Sweetwater School District. Ms. Marion then provided information about the Chula Vista Centennial Project. Councilmember Bensoussan recommended that the school district communicate with historic home tour organizers for consideration of an "Adopt-a-School" program, where owners of historic homes could provide a tour for third grade classes from a particular school. • RECOGNITION OF THE CITY OF CHULA VISTA FOR RECEIVING THE SANDEE (SAN DIEGO EXCELLENCE IN ENERGY) AWARD FOR OUTSTANDING ORGANIZATIONAL ACHIEVEMENT Irene Stillings, representing the California Center for Sustainable Energy, recognized the City for its commitment to sustainable energy practices. She then presented the award to the City. Page I -Council/RDA Minutes April 2Q 2010 SPECIAL ORDERS OF THE DAY (Continued) • RECOGNITION OF THE WAKELAND HOUSING & DEVELOPMENT CORPORATION FOR RECEIVING THE SANDEE (SAN DIEGO EXCELLENCE IN ENERGY) AWARD FOR SPECIAL ACHIEVEMENT BY A NONPROFIT Ms. Stillings presented the SANDEE Awazd to Ken Sauder, President and CEO, Wakeland Housing and Development for its achievement with the Los Vecinos multi-family affordable housing project. • RECOGNITION BY LIBRARY DIRECTOR BETTY WAZNIS, OF THE AMERICAN ASSOCIATION OF RETIRED PERSONS (REPRESENTED BY PAT MC CARVILLE), FOR THEIR VOLUNTEER SERVICE PROVIDING FREE TAX PREPARATION ASSISTANCE TO CITY RESIDENTS AT THE CHULA VISTA PUBLIC LIBRARY Library Director Waznis recognized the volunteers from the Tax Aid Program, sponsored by the American Association of Retired Persons, for providing free tax prepazation assistance to residents. Deputy Mayor Ramirez then presented certificates of appreciation to volunteers Patricia Pauley, Patrick McCarville, Daniel Fun, and Ana Quirozpauca. • PRESENTATION OF A PROCLAMATION TO MARILYN SALENY, PRESIDENT, AND GLORIA BUNCH, VICE PRESIDENT OF THE CHULA VISTA GARDEN CLUB AND TO PAUL SIROIS, CHULA VISTA'S OPEN SPACE MANAGER, PROCLAIMING APRIL 22, 2010, AS ARBOR DAY IN THE CITY OF CHULA VISTA Mazilyn Saleny and Gloria Bunch spoke about the City's upcoming Arbor Day celebrations. Mayor Cox then read the proclamation and Councilmember Bensoussan presented it to Ms. Saleny and Ms. Bunch. CONSENT CALENDAR (Items 1-8) Items 3, 4 and 6 were removed from the Consent Calendaz for separate consideration. Councilmember Castaneda stated that he would be abstaining from voting on Item 3 and 4, due to potential property-related conflicts, and Deputy Mayor Ramirez stated that he would be abstaining from voting on Item 6, due to potential property-related conflicts. 1. Agency), approve the minutes. APPROVAL OF MINUTES of November 19, 2009 (Redevelopment December 8, December ] 0, and December 15, 2009. Staff recommendation: Redevelopment Agency and City Council Page 2 - Council/RDA Minutes April 20, 2010 CONSENT CALENDAR (Continued) 2. A. RESOLUTION NO. 2010-082, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO ALVARADO STREETS FOR THE CINCO DE MAYO CELEBRATION ON MAY 2, 2010 FROM 4:00 A.M. - 10:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING THE BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT B. RESOLUTION NO. 2010-083, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE LEMON FESTIVAL ON AUGUST 8, 2010 FROM 4:00 A.M. - 10:00 P.M., AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT C. RESOLUTION NO. 2010-084, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN CITY OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2010 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolutions approves the temporary closure of Third Avenue and surrounding streets on May 2, 2010 and August 8, 2010, for the Annual Third Avenue Village Association's (TAVA) Cinco de Mayo and Lemon Festival celebrations. (City Manager) Staff recommendation: Council adopt the resolutions. 3. Item 3 was removed from the Consent Calendaz. 4. Item 4 was removed from the Consent Calendar. 5. RESOLUTION NO. 2010-087, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $67,000 TO THE FISCAL YEAR 2010 CAPITAL EXPENDITURE CATEGORY OF THE ASSET SEIZURE FUND FOR VEHICLE PURCHASES (4/STHS VOTE REQUIRED) Funding for the Vehicle Replacement Fund has been eliminated in the fiscal year 2010 budget and the department is in need of three vehicles to maintain operational effectiveness. Funds for this purchase will come from the Asset Seizure Fund. (Police Chief) Staff recommendation: Council adopt the resolution. Page 3 -Council/RDA Minutes Apri12Q, 2010 CONSENT CALENDAR (Continued) 6. Item 6 was removed from the Consent Calendaz. 7. A. RESOLUTION NO. 2010-089, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND DELEGATING THE CITY ATTORNEY AND DIRECTOR OF PUBLIC WORKS TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING PRELIMINARY ENGINEERING DESIGN, ENVIRONMENTAL, AND TRAFFIC ANALYZING ACTIVITIES ON THE STATE ROUTE 125 FUTURE INTERCHANGES AT ROCK MOUNTAIN AND OTAY VALLEY ROAD B. RESOLUTION NO. 2010-090, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CIP PROJECT (STM359) FOR SR-125 AND ROCK MOUNTAIN ROAD & OTAY VALLEY ROAD INTERCHANGE STUDY, AMENDING THE FY 2009-10 CIP PROGRAM BUDGET AND APPROPRIATING $300,000 IN TDIF FUNDS THEREFOR (4/STHS VOTE REQUIRED) Adoption of the resolution approves a Cooperative Agreement with State of California Department of Transportation (Caltrans), to determine the geometric design and right-of- way needed in order to determine ultimate geometric approval, environmental clearance, and construction cost estimates for up to two potential interchanges on SR-125 at Rock Mountain Road and Otay Valley Road. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2010-091, 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. GG210)" TO AMERICAN POWER SOLUTIONS WHICH WILL BE FUNDED THROUGH CAPITAL IMPROVEMENT PROJECT GG210 AND REIMBURSED THROUGH THE CALIFORNIA ENERGY COMMISSION (CEC) LOAN PROGRAM (Continued from April 13, 2010) 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. Page 4 - Council/RDA Minutes April 20, 2010 CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz Items 1, 2, 5, 7 and 8, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION NO. 2010-085, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) 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/STHS VOTE REQUIRED) (Continued from April 13, 2010) As part of the City's climate protection efforts, Chula Vista was awarded aloes-interest loan from the California Energy Commission to install energy efficient lighting and solaz 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) 4. RESOLUTION NO. 2010-086, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING $772,817 IN INCENTIVE FUNDS FROM THE CALIFORNIA SOLAR INITIATIVE TO INSTALL SOLAR PHOTOVOLTAIC SYSTEMS AT MULTIPLE MUNICIPAL 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/STHS VOTE REQUIRED) (Continued from April 13, 2010) To lower energy costs and reduce peak energy demand, Chula Vista will be installing solar photovoltaic systems at 11 municipal facilities over the next 8 months. The project's costs are being funded through aloes-interest California Energy Commission loan and federal American Recovery & Reinvestment Act funds. In addition, $772,817 of California Solaz Initiative incentives has been reserved for the project to further reduce net implementation costs. (Director of Conservation and Environmental Services/Director of Public Works) Page 5 -Council/RDA Minutes April 20, 2010 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to adopt Resolution Nos. 2010-085 and 2010-086, headings read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. 6. RESOLUTION NO. 2010-088, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE PURPOSE OF CONDUCTING LIGHT RAIL TROLLEY IMPROVEMENT STUDY WITHIN THE INTERSTATE 5 (I-5) MULTI MODAL CORRIDOR Adoption of the resolution approves a Memorandum of Understanding (MOU) with SANDAG for the purpose of conducting a Light Rail Trolley Improvement Study, to provide updated preliminazy engineering costs for grade sepazation improvements for the light rail trolley rail system within Chula Vista. The MOU provides that SANDAG will be the lead agency and defines roles and obligations for funding. (Director of Public Works) ACTION: Mayor Cox moved to adopt Resolution No. 2010-088, heading read, text waived. Councilmember Bensoussan seconded the motion and it carved 4-0-1, with Deputy Mayor Ramirez abstaining. Mayor Cox announced that Item 15 was pulled from the agenda, and Item 13 would be continued. PUBLIC COMMENTS Jim Peterson, Chula Vista resident, spoke about the future bayfront development, stating his concern about holding only one public heazing on the matter, and of the proposed changes to the bayfront plan. He stated that the community should be given the opportunity to express their views on the plan prior to the public hearing. PUBLIC HEARINGS 9. CONSIDERATION OF A VOLUNTARY PROPERTY-ASSESSED CLEAN ENERGY PROGRAM 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) Page 6 - CounciVRDA Minutes April 2Q 2010 PUBLIC HEARINGS (Continued) 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. Director of Conservation and Environmental Services Meacham introduced the item, and explained that the proposed revisions would allow home owners to achieve energy efficiencies in their homes. Environmental Resource Manager Reed presented the proposed Municipal Code revisions for the voluntary Property-Assessed Clean Energy program. 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 place the following ordinance on first reading, heading read, text waived: 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 Councilmember Bensoussan seconded the motion and it carried 5-0. 10. CONSIDERATION OF AMENDMENTS TO VARIOUS SECTIONS OF THE CHULA VISTA MUNICIPAL CODE AND APPROVAL OF A COUNCIL POLICY ON PUBLIC PARTICIPATION, ALL OF WHICH ARE RELATED TO THE IMPLEMENTATION OF THE INITIAL PHASE OF THE DEVELOPMENT REVIEW PROCESS IMPROVEMENTS PROGRAM In early 2009, the Development Services Department launched a comprehensive review of the City's development review process to determine improvements that could streamline it, increase transparency, improve public access, make it more predictable for applicants and reduce the 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) 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. City Manager Sandoval introduced the item, stating that a key component of the City's Fiscal Health Plan was to enhance customer service in the azea of the development review process that included community and development input. Deputy City Manager/Director of Development Services Halbert stated that the proposed process improvement was the first phase of the Development Review Process Improvements project. Page 7 -Council/RDA Minutes April 2Q, 2010 PUBLIC HEARINGS (Continued) Development Planning Manager Ladiana provided information on the proposed process improvements and amendments to various sections of Titles 18 and 19 of the Chula Vista Municipal Code, with the purposes of adding clarity, predictability and certainty to the processes, improving public participation, and responding to budget reductions and organizational changes over the last several yeazs. Kevin O'Neil, Chula Vista resident, and Committee Chairperson of the Development Services Oversight Committee, spoke in favor of the proposed amendments. Patricia Aguilaz, Chula Vista resident, spoke in favor of the proposed amendments. There being no other members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Bensoussan recommended for the future, that the membership of the Planning Commission include an azchitect and environmental expert to create a balance in terms of professions and geography. Mayor Cox responded with the suggestion to address the structure of the Planning Commission when the opportunity arises for Planning Commission interviews. Deputy Mayor Ramirez suggested that staff come back to the Council in one year with an update on how the plan was working. Councilmember Thompson suggested electronic notification to those who subscribe to public heazing notifications on the matter, at no chazge, to get the maximum distribution of information. Councilmember Castaneda stated that priority should be given to ensure that community meetings be held in affected azeas of the City. ACTION: Deputy Mayor Ramirez move to place the following ordinance on first reading, and adopt Resolution No. 2010-092, headings read, text waived: A. 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 (ADMINISTRATION AND PERSONNEL) RELATED 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 B. RESOLUTION NO. 2010-092, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY RELATED TO COMPREHENSNE APPROACH FOR PUBLIC PARTICIPATION AS IT RELATES TO THE DEVELOPMENT REVIEW PROCESS FOR THE PURPOSE OF PROCESS IMPROVEMENTS Councilmember Thompson seconded the motion and it tamed 5-0. Page 8 -Council/RDA Minutes Apri120, 2010 Mayor Cox announced a meeting recess at 6:27 p.m. The meeting reconvened at 6:49 p.m. with all members present. Mayor Cox announced that Item 19C would be taken out of order and addressed at this time. Prior to addressing Item 19C, City Manager Sandoval announced a recent unexpected visit to the Chula Vista Animal Caze Facility by Dr. Lawrence Kosim, DVM, who performed an inspection of the facility, and reported that the area that housed sick animals was above standazd, and that the overall sanitation of the facility was a model of how veterinary hospitals should be. 19. C. Update from Port Commissioner Stephen Padilla Port Commissioner Padilla noted that holding a joint meeting of the City Council, Boazd of Port Commissioners, Chula Vista Redevelopment Corporation, and Planning Commission would show the public the collaboration between the legislative bodies, and would provide consistency in the way the materials were presented. He then provided the Council with the following updates on recent Boazd of Port Commissioners' actions taken as steps for moving the Chula Vista Bayfront Master Plan (CVBMP) forward: 1) Extension of a service agreement with Chula Vista Urban Development for services in connection with the CVBMP; 2) Adoption by the Board, of a memorandum of understanding for cost sharing/administration with San Diego, Chula Vista, National City, for implementation of a Regional Enterprise Zone; 3) Issuance of coastal development permit for clean up and remediation activities at the "L" ditch, a contaminated drainage ditch adjacent to the former South Campus of BF Goodrich; 4) Opposition to Senate Bill SB 1039 (Ducheny). Former Port Commissioner Bill Hall initiated conversations with Senator Ducheny to stop the legislation, and the parties reached a consensus that an approach within existing law was preferable. A proposal for a Maritime Enhancement Group/Committee was developed with the endorsement of the Port Chairman and Senator Ducheny; 5) Authorization of a preliminary project review and commencement of environmental review process for demolition and remediation of the South Bay Power Plant, with a target timeline by Dynergy for complete demolition/remediation of the plant in 2014. Discussion ensued between Councilmembers regarding SB 1039, with Council consensus to move forward with the proposed committee structure. Mayor Cox asked Commissioner Padilla to walk through the May 4th and May 18th scenarios regarding the Bayfront Master Plan. Commissioner Padilla responded that the Port Board would take the coalition settlement agreement on May 4, 2010, and the master plan amendment and EIR certification on May 18, 2010 in the Chula Vista Council Chambers. Mayor Cox suggested that Commissioner Padilla return to the Council with an update in July. It was the consensus of the Council/Redevelopment Agency to take Item 14 out of order, and it was addressed at this time. Page 9 -Council/RDA Minutes April 20, 2010 ACTION ITEMS 14. CONSIDERATION BY THE REDEVELOPMENT AGENCY OF APPROVAL OF A COOPERATIVE REMEDIATION AGREEMENT WITH ROHR, INC., OPERATING AS GOODRICH AEROSTRUCTURES, AND; AN AGREEMENT WITH OPPER AND VARCO, LLP TO PROVIDE LEGAL SUPPORT IN THE IMPLEMENTATION OF THE COOPERATIVE REMEDIATION AGREEMENT The proposed agreement allocates Agency funds towazd the remediation and/or environmental mitigation of environmental impacts related to the operations of the Goodrich facility, and creates a cooperative partnership between Goodrich and the Agency in the development of a Remedial Action Plan (RAP), implementation of an approved RAP and use of the Polanco Redevelopment Act to provide immunities to future owners, users, developers and lenders of the site. The agreement with Opper and Vazco, LLP will provide continuing outside legal counsel to assist staff and the City Attorney's office in the implementation of the Agreement, negotiations with the San Diego Regional Water Quality Control Board, and realizing the immunities provided under the Polanco Redevelopment Act. (Deputy City Manager/Development Services Director) Economic Development Manager Stone provided information about the proposed cooperative remediation agreement between the Redevelopment Agency and Goodrich. Pazks Pemberton, Chula Vista resident, submitted a speaker slip indicating that he was opposed to staff s recommendation to adopt the resolutions, but was not present to speak. ACTION: Chair Cox moved to adopt the following Redevelopment Agency Resolution Nos. 2010-2019 and 2010-2020, headings read, text waived: A. RESOLUTION NO. 2010-2019, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE COOPERATIVE REMEDIATION AGREEMENT WITH ROHR, INC., OPERATING AS GOODRICH AEROSTRUCTURES B. RESOLUTION NO. 2010-2020, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH OPPER AND VARCO LLP PROVIDING LEGAL SUPPORT IN THE IMPLEMENTATION OF THE COOPERATIVE REMEDIATION AGREEMENT, THE POLANCO REDEVELOPMENT ACT AND NEGOTIATIONS WITH THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD AND OTHER RELATED WORK IN CONJUNCTION THEREWITH AS DETERMINED BY THE AGENCY'S GENERAL COUNSEL Agencymember Bensoussan seconded the motion and it carried 5-0. It was the consensus of the Council to taken Item 17 out of order and it was addressed at this time. 17. CONSIDERATION OF PROHIBITING ALCOHOLIC BEVERAGES AT RIENSTRA PARK BALLFIELDS Page 10 -Council/RDA Minutes April 2Q, 2010 ACTION ITEMS (Continued) The consumption of alcoholic beverages at Rienstra Park Ballfields was addressed by staff at a recent City Council meeting resulting from complaints by area residents. Adoption of the resolution prohibits consumption of alcohol at Rienstra Park Ballfields pursuant to Chula Vista Municipal Code Section 2.66.043. (City Attomey) City Attorney Miesfeld introduced the item. Ed Lopez, Chula Vista resident, representing South Bay Little League, spoke in support of the proposed alcohol prohibition. Steve Alanis, Chula Vista resident, representing South Bay Little League, spoke in support of prohibiting alcohol consumption at Rienstra Park ballfields. City Attorney Miesfeld provided the framework on the matter, stating that the Council needed to make findings that Rienstra Pazk had been experiencing alcohol-related problems. Police Chief Bejarano stated that based on calendar year 2009, there was little documented activity and calls for service in the park. In the last six months, the Police Department issued four citations, one of which was consumption of alcohol by a minor. Chief Bejazano stated that the department would support the ban of alcohol at Rienstra Park ballfields. Councilmember Castaneda suggested looking at all of the youth sports facilities to adopt similar restrictions during youth sporting events, and to refer the matter to the Youth Sports Council. Mayor Cox suggested that rather than making a broad referral, the signs be posted at Rienstra Pazk, and suggested that the South Bay Little League Board contact the Police Department when they observe alcohol consumption in the park. She then requested that Police Chief Bejarano, in working with members of the Little League board, provide a memorandum to the Council following the close of the Little League season to indicate whether or not posting the signs made a difference. Deputy Mayor Ramirez stated for the record that Pony League President Diaz was also in support of posting signs prohibiting consumption of alcohol at Rienstra Pazk. Councilmember Thompson stated that it was reasonable for the Council to make the necessary findings based on the fact that an organization had brought the request forward. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-094, heading read, text waived: RESOLUTION NO. 2010-094, RESOLUTON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THAT RIENSTRA PARK BALLFIELDS BE POSTED WITH SIGNS PROHIBITING ALCOHOLIC BEVERAGES PURSUANT TO CHULA VISTA MUNICIPAL SECTION 2.66.043 Councilmember Thompson seconded the motion and it carried 5-0. Page 11 -Council/RDA Minutes April 20, 2010 PUBLIC HEARINGS 11. CONSIDERATION OF A WAIVER AND REIMBURSEMENT OF PERMIT APPLICATION FOR THE ST. PIUS X CATHOLIC CHURCH AND SCHOOL LOCATED AT 1120 CUYAMACA AVENUE Adoption of the resolution approves the waiver and reimbursement of a portion of the planning permit fees paid for the processing of applications for a Conditional Use Permit, Design Review, and Environmental Initial Study for the St. Pius X Catholic Church, pursuant to Municipal Code Master Fee Schedule. (Deputy City Manager/Development Services Director) Notice of the hearing was given in accordance with legal requirements, and was continued to a date uncertain at the request of staff. 12. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BIDS RECENED FOR THE "OTAY LAKES ROAD WIDENING -PHASE 1"PROJECT (STM355) PER CITY CHARTER SECTION 1009 On Mazch 29, 2010, the Director of Public Works received sealed bids for this project. The work to be done consists of the widening of portions of Otay Lakes Road and East H Street, traffic signal installation and modification, modification of a pazking 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 irregulazities and awards the contract to Southland Paving, Inc., and authorizes the expenditure of available funds for completion of construction. (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. Public Works Director Hopkins stated that this was the first phase in a series of projects on Otay Lakes Road neaz Southwestem College, for improvements to relieve traffic congestion. Principal Civil Engineer Ammerman presented the key points and features of the project. Deputy City Attorney Miller asked for Council consideration to approve the awazd of the contract, contingent upon action regazding right-of--way to be taken by the Southwestern College Boazd at its meeting of Apri120, 2010. Mayor Cox opened the public heazing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Thompson made a referral to staff look at the possibility to have all bidders list the sub-contractors, the percentage of work performed by the subcontractors and location of the subcontractors, and to have staff come with a recommendation to the Council. Page 12 - CounciURDA Minutes April 20, 2010 PUBLIC HEARINGS (Continued) Mayor Cox further requested that staff look at how this would affect looking at bid documents, and to bring the matter back to the Council in about a month. ACTION: Councilmember Thompson moved to adopt the following Resolution No. 2010- 093, as amended to include a contingency, heading read, text waived: RESOLUTION NO. 2010-093, RESOLUTON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS, AND CONTINGENT UPON THE EXECUTION OF APPROPRIATE RIGHT-OF-WAY DOCUMENTS, AWARDING THE CONTRACT FOR THE "OTAY LAKES ROAD WIDENING -PHASE 1" PROJECT (STM355) TO SOUTHLAND PAVING, INCORPORATED, IN THE AMOUNT OF $2,858,937.02, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID RIGHT-OF-WAY DOCUMENTS AND EXPEND ALL AVAILABLE FUNDS IN THE PROJECT (Continued from April 13, 2010) Councilmember Castaneda seconded the motion and it carried 5-0 13. CONSIDERATION BY THE REDEVELOPMENT AGENCY OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE CHULA VISTA REDEVELOPMENT AGENCY, AND ROHR, INC., OPERATING AS GOODRICH AEROSTRUCTURES The original development agreement approved on October 19, 1999, provided assurances to Goodrich that it could continue with its operations and development in accordance with existing rules, regulations and existing policies of the City and Agency. Adoption of the ordinance allows Goodrich to extend the original term of the agreement by ten years or until December 30, 2038. This item will be re-scheduled and re-noticed. (Deputy City Manager/Development Services Director) Notice of the hearing was given in accordance with legal requirements, and was continued to a date uncertain at the request of staff. ACTION ITEMS 14. Item 14 was taken out of order and heazd after Item 19C. 15. CONSIDERATION OF A CONTRACT WITH FIRE RECOVERY USA, LLC FOR COST RECOVERY SERVICES FOR EMERGENCY SERVICES, AND AMENDING CHAPTER XV OF THE CHULA VISTA MASTER FEE SCHEDULE. The Fire Department desires to implement a new program to recover increased costs associated with responses to vehicle accidents where hazardous mitigation is required. Fire Recovery USA, LLC has been selected to provide billing and collection services for the City of Chula Vista. (Fire Chief) Page 13 -Council/RDA Minutes April 20, 2010 ACTION ITEMS (Continued) A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH FIRE RECOVERY USA, LLC TO PROVIDE EMERGENCY SERVICES COST RECOVERY SERVICES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV FIRE DEPARTMENT FEES OF THE CITY OF CHULA VISTA MASTER FEE SCHEDULE This item was removed from the agenda at the request of staff. 16. 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 §20903 (Continued from April 13, 2010) In an effort to significantly reduce Fiscal Yeazs 2011 and 2012 General Fund expenditures and to avoid impending mandatory transfers, layoffs and demotions, it is the City's intent to offer the Ca1PERS Two Yeazs Additional Service Credit benefit option as an incentive to retirement to specified classifications covered under the City's contracts with Ca1PERS for Local Miscellaneous and Local Public Safety Fire employees. This report is being presented to meet Ca1PERS' requirement that the estimated additional employer contributions, which will be required in the future for providing the two yeazs 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 the Council with information in response to questions raised at the Council Meeting of April 13, 2010, related to specific costs of, and salazy savings from, the proposed eazly retirement incentive. ACTION: Deputy Mayor Ramirez moved to accept the report. Mayor Cox seconded the motion and it carried 4-1, with Councilmember Castaneda opposed. 17. This item was taken out of order and addressed after Item 14. Mayor Cox announced that Item 11 would not be heard and the item was continued indefinitely. OTHER BUSINESS 18. CITY MANAGER/EXECUTIVEbIRECTOR'S REPORTS City Manager Sandoval stated that there would be no Council Meeting on April 27, 2010. The next Council Meeting was scheduled for May 4, 2010, and a Council Workshop was scheduled for May 6. 2010, at 4:00 p.m. in the Police Department Community Room. Page 14 - CounciVRDA Minutes April 20, 2010 OTHER BUSINESS (Continued) 19. MAYOR/CHAIR'S REPORTS Mayor Cox reported on the current construction at local schools, as a result of a $640 million general obligation bond for the High School District, which includes a 700-person theatre at Chula Vista High School and new, steel-constructed classrooms for Hilltop High School. She also made the following announcements: • Apri121, 2010, 6:30 p.m., Council Chambers -Committee of 100 meeting • Apri124, 2010, 10:00 a.m., Memorial Bowl -The Day of the Child Day • April 24, 2010, 10:00 a.m., Otay Ranch Town Center - Amulti-cultural fair sponsored by Asian and Filipino organizations. Mayor Cox also reported that fundraiser tickets were on sale by the Friends of the Library for fundraising event at Salt Creek Park A. Ratification of the appointment of Randy Bellamy to the Charter Review Commission. B. Ratification of the appointment of Francisco Javier Nava to the Design Review Boazd. ACTION: Mayor Cox moved to ratify the appointment of Randy Bellamy to the Charter Review Commission, and Francisco Javier Nava to the Design Review Board. Deputy Mayor Ramirez seconded the motion and it carried 5-0. C. Update from Port Commissioner Stephen Padilla Item 19.C. was heard after Item ] 0. 20. COUNCIL/AGENCY MEMBERS' COMMENTS • Councilmember Bensoussan: Approval of formation of an expanded Western Revitalization Task Force. ACTION: Councilmember Castaneda moved to appoint Councilmembers Bensoussan and Thompson as members of the Expanded Redevelopment Committee Task Force, together with three members of the Chula Vista Redevelopment Corporation. Councilmember Bensoussan seconded the motion, and it carried 5-0. Councilmember Bensoussan announced the Arbor Day celebration on April 21, 2010, with a tree planting at the historic orchazd home, known as the Edward Gilette Home, located at 44 North Second Avenue, at 3:00 p.m. She also reported that most adoption fees would be waived at the Animal Care Facility from Apri123 through April 30, 2010. Page 15 -Council/RDA Minutes April 20, 2010 OTHER BUSINESS (Continued) Councilmember Castaneda stated that he attended the recent press conference and presentation by the First Lady of the United States, Michelle Obama, at the City Heights All Hands Community Garden that included discussions about childhood obesity. He noted that Mrs. Obama had specifically mentioned the City's initiatives on childhood obesity. He thanked City staff, the Police Department, the City Manager and the Council, for their work on the matter. Councilmember Castaneda requested staff to look at the recurring problems associated with people camping out at Lauderbach Park. City Manager Sandoval responded that staff was awaze of the problems, and would be bringing a proposal to the Council. Councilmember Thompson commented that his grandson was in attendance at First Lady Michelle Obama's press conference. Mayor Cox recessed the meeting to re-convene the Special Meeting in Closed Session at 8:46 p.m. ADJOURNMENT At 9:15 p.m., Mayor Cox adjourned the meeting to the next regulaz City Council meeting on Apri127, 2010, at 4:00 p.m., in the Council Chambers. Redevelopment Agency adjourned to the next regulaz meeting on May 4, 2010, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 16 -Council/RDA Minutes April 20, 2010