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HomeMy WebLinkAbout2010/10/26 Item 1DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 25, 2010 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan (arrived at 3:03 p.m.), Castaneda (arrived at 3:03 p.m.), Ramirez, Thompson, and Mayor Cox ABSENT: None CLOSED SESSION 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: Mid-Managers/Professionals No reportable action was taken on this item. 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) • In Re: The Matter of Dynegy South Bay, LLC, South Bay Power Plant, San Diego County, FERC Docket No. ER10-166-000 (Order No. R9-2004-00154, NPDES No. CA0001368). ACTION: Councilmember Castaneda moved to authorize the use of Foley & Lardner in excess of the current contract. Deputy Mayor Ramirez seconded the motion and it carried 5-0. ADJOURNMENT At 3:50 p.m., Mayor Cox adjourned the meeting to the next regulaz City Council meeting of May 25, 2010, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk ~~-i DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETINGS OF THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY OF THE CITY OF CHULA VISTA May 25, 2010 4:00 P.M. A Regular Meeting of the City Council and Special Meetings of the Redevelopment Agency and Housing Authority of the City of Chula Vista were called to order at 4:03 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 Suzanne Catanzaro, Chula Vista Rotary President, Led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY PRESENTATION OF A PROCLAMATION TO CYNDI PRICE, EXALTED RULER, AND JOSE CIBRIAN, ESQUIRE, FROM CHULA VISTA ELKS LODGE #2011, PROCLAIMING MAY 23 THROUGH MAY 29, 2010, AS YOUTH WEEK IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Thompson presented it to Ms. Price and Mr. Cibrian. PRESENTATION OF A CHECK IN THE AMOUNT OF $20,000 BY SUZANNE CATANZARO, PRESIDENT, AND TINA WILLIAMS, PAST PRESIDENT, OF THE CHULA VISTA ROTARY CLUB FOR THE FINAL PAYMENT TOTALING $100,000 FOR THE MEMORIAL BOWL RENOVATION Ms. Catanzaro and Ms. Williams presented the $20,000 check to Deputy Mayor Ramirez and Councilmember Bensoussan, who accepted it on behalf of the City. PRESENTATION BY THE YOUTH ACTION COUNCIL COMMISSIONERS PROVIDING AN OVERVIEW FOR 2009-2010 Youth Action Council Chairperson, Kate Googins, spoke about the Youth Action Council's accomplishments. Youth Action Council Members then spoke about their involvement in the following specific activities: Mitchell Jimenez -Beautify Chula Vista; Vera Valeria -South Bay Community Services youth Christmas activities; Alicia Cortez -Energy Conservation survey at local schools; Trey Johnson -Theatre Slam event, with $75 in proceeds donated to South Bay Community Services; and Haley Alderete -Day of the Child event. Page 1 - CounciURDA/HA Minutes May 25, 2010 I ~~ I DRAFT SPECIAL ORDERS OF THE DAY (Continued) • DID YOU KNOW about the City's Electrical Vehicle Project -Vehicle Rebate and Free Chazger Opportunities? Director of Conservation and Environmental Services Meacham introduced Andy Hoskinson, representing ECOtality, who talked about the federally-funded Electric Vehicle Infrastructure Project for the San Diego region and the potential placement of electric vehicle charging stations in the City. Mr. Hoskinson suggested a streamlined permit and inspection process for residential and commercial installations of the charging stations. Director Meacham noted that further information about the project could be accessed at www.theevproject.com. CONSENT CALENDAR (Items 1-10) Items 2 and 3 were removed from the Consent Calendaz for sepazate consideration. Councilmember Castaneda stated he would be abstaining from voting on Item 2 out of an abundance of caution, due to a potential property-related conflict of interest. Councilmember Thompson removed Item 3 for discussion. 1. ORDINANCE NO. 3154, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (4/STHS VOTE REQUIRED) (SECOND READING AND ADOPTION) 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. This ordinance was introduced on May 11, 2010. (Police Chief) Staff recommendation: Council adopt the ordinance. 2. This item was removed from the Consent Calendar. 3. This item was removed from the Consent Calendaz. 4. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED MARCH 31, 2010 COUNCIL RESOLUTION NO. 2010-117, AND HOUSING AUTHORITY RESOLUTION NO. 2010-043, RESOLUTIONS OF THE CITY COUNCIL AND HOUSING AUTHORITY OF CHULA VISTA AMENDING FISCAL YEAR 2009/2010 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND TRANSFER AUTHORITY AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED) Page 2 - CounciVRDA/IIA Minutes ' ,/ ^~ May 25, 2010 DRAFT CONSENT CALENDAR (Continued) Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the Director of Finance through the City Manager. For government entities, a budget creates a legal framework for spending during the fiscal yeaz. After the budget is approved, there are circumstances that arise that could require adjustments to the approved budget. Council Policy No. 220-02 "Financial Reporting and Transfer Authority" was established in January of 1996 and allows for budget transfers to be completed. Appropriations are requested for the Housing Authority, Public Liability Trust Fund and Traffic Signal Fee Fund. (Director of Finance) Staff recommendation: Council/Authority adopt the resolution. 5. RESOLUTION NO. 2010-118, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FISCAL YEAR 2010/2011 PERFORMING AND VISUAL ARTS GRANTS RECIPIENTS AND MONETARY GRANT AWARDS TOTALING $55,550 In 1997, the City Council approved a Sublease with Live Nation, Inc (formerly Universal Concerts) that established a process whereby ticket sales proceeds at the Cricket (formally Coors) Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City of Chula Vista. This yeaz, the Chula Vista Public Library received $55,828 from Live Nation for its 2009 Concert Series, an increase of over $12,800 from the previous yeaz. (Director of Library) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2010-119, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR NATURE EDUCATION FACILITY PROGRAM FUNDS (SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006) The City is required to certify by resolution, the approval of the grant application before submission of said application to the State. The City proposes to apply for Nature Education Facility Program grant funding and has identified the Rice Canyon Interpretive Area as a project. If approved, the City will enter into a contract with the State of California to complete the grant scope project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. A. RESOLUTION NO. 2010-120, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING, THE FINAL ENGINEER'S REPORT FOR GLENHAVEN WAY ASSESSMENT DISTRICT 2008-01 B. RESOLUTION NO. 2010-121, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%) PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR GLENHAVEN WAY ASSESSMENT DISTRICT 2008-01 Page 3 - Council/RDA/HA Minutes ~ ~ ~ May 25, 2010 DRAFT CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2010-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2008-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO On February 3, 2009, the City Council adopted Resolution No. 2009-026, certifying the results of the public heazing and Assessment District ballot tabulation, and ordering the installation of improvements pursuant to the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California (Article XIIID). On February 17, 2009, the City Council adopted Resolution No. 2009-034 awazding a contract in the amount of $516,812.25 to Hillcrest Contracting Inc., for the construction of the "Glenhaven Way Improvements Between First Avenue and Amy Street in the City of Chula Vista, California (STL-304)" Project. The work is now complete and adoption of the resolution accepts filing of the Engineer's Report on the cost of construction, approves the deferral of assessments and establishes the rate of interest and financing period applied to said deferrals, and authorizes the collection of assessments on the County tax roll. (Director of Public Works) Staff recommendation: Council adopt the resolutions. RESOLUTION NO. 2010-123, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR SECOND AVENUE ASSESSMENT DISTRICT NO. 2009-02, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS On November 17, 2009, by Resolution No. 2009-270, the City Council accepted a signed petition from 42 of the 59 owners of residential properties along Second Avenue between Naples Street and Palomaz Street, requesting that special assessment district proceedings be commenced. The Resolution also declared the City Council's intention to initiate proceedings to consider the formation of an assessment district and directed the preparation of the required Engineer's Report for the proposed assessment district. Staff has completed the Preliminary Engineer's Report. Adoption of the resolution approves an assessment district boundary map, approves the Preliminary Engineer's Report, sets the time and place for a public hearing to consider the establishment of the Second Avenue Assessment District, and orders the initiation of ballot proceedings regazding formation of the proposed Second Avenue Assessment District. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. A. RESOLUTION NO. 2010-124, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF EAST EL CAPITAN DRIVE LYING ADJACENT TO THE PROPERTIES LOCATED AT 102 AND 103 EAST EL CAPITAN DRIVE Page 4 - Council/RDA/IIA Minutes May 25, 2010 13- `~ DRAFT CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2010-125, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA QUITCLAIMING THE VACATED PORTION OF EAST EL CAPITAN DRIVE TO THE OWNERS OF THE ADJACENT PARCELS DRIVE LOCATED AT 102 AND 103 EAST EL CAPITAN DRIVE (APN'S 575-091-13-00 AND 575-100-21-00) During the City's winter program of replacing failing metal storm drain pipes, it became necessary to obtain an easement from the owners of the property on E. El Capitan Drive. As a part of the negotiations to acquire this easement at no cost to the City, it was agreed that staff would request a vacation of the excess portion of the street and quitclaim it to the two adjacent property owners. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2010-126, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2009/2010 JY065P" PROJECT TO SC CONSTRUCTION, INCORPORATED IN THE AMOUNT OF $77,775.88 On April 28, 2010, the City received sealed bids for this project. The project was included in the annual Public Works Street Maintenance budget to remove and replace curbs, gutters, sidewalks, and driveways displaced by street trees on various City streets. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendaz Items 1, and 4 through 10, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. RESOLUTION NO. 2010-116, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF CENTER STREET FROM THIRD AVENUE TO CHURCH AVENUE FOR THE THIRD AVENUE VILLAGE ASSOCIATION'S BLAST FROM THE PAST CAR SHOW FROM 3:00 P.M. TO 8:00 P.M. ON TUESDAY EVENINGS COMMENCING JUNE 15, 2010 AND ENDING AUGUST 31, 2010 Adoption of the resolution approves the temporary closure of Center Street so the Third Avenue Village Association (TAVA) may host the Blast from the Past Caz Show season commencing on Tuesday evenings, June 15 and ending August 31, 2010. (City Manager) Pa e 5 - CounciURDA/HA Minutes 9 ~ May 25, 2010 g {I~r. ~ DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to adopt Resolution No. 2010-116, heading read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. 3. INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2010 The quarterly Investment Report provides information on various cash balances, investment transactions and the status of the pooled investment portfolio in accordance with the Government Code and the City's Investment Policy. (Director of Finance) Staff recommendation: Council accept the report. Councilmember Thompson referred to the comparative analysis of the City's investments compared with other jurisdictions, notably, Cazlsbad and Oceanside cities with the highest returns, and suggested for the future, that dedicated staff be assigned to look at the comparative analysis. ACTION: Councilmember Thompson moved to accept the report. Mayor Cox seconded the motion and it carried 5-0. PUBLIC COMMENTS Jim Matney, Chula Vista Mobilehome Park resident, commented on a recent meeting he attended that addressed a $32 per yeaz rent increase by owners of the Brentwood Mobilehome Park He suggested that the Council make an expert available to attend Mobilehome Rent Review Commission Meetings. Francisco Manzano, San Diego resident, representing Tobacco Free Community Coalition, spoke about the issue of second hand smoke in apartments and condominiums, thanked the City for its interest and participation with the Coalition's educational activities, and stated that new materials on the matter would be forthcoming. Jose Preciado, Chula Vista resident, representing South Bay Forum, spoke about claims filed against Councilmembers, and he looked forward to seeing Councilmember Thompson's name cleazed, and congratulated Councilmember Castaneda on his exoneration. He requested that the Legislative Subcommittee bring forward a resolution, as promised, regazding the recent Arizona immigration law. He acknowledged the Police Department for its leadership in the City. Greg Mattson, representing the Third Avenue Village Association (TAVA), invited the community to attend its Streetscape Master Plan Forums on the last Thursday of every month at Mangia Italiano Restaurant. ,He invited the community to attend the Pet Fest and Doggy Dash on June 19; 2010 at Memorial Bowl. He also announced that the Classic Caz show was scheduled from June 15, 2010 through August 31, 2010. Page 6 -Council/RDA/HA Minutes ~ ~ T / May 25, 2010 DRAFT PUBLIC HEARINGS 11. CONSIDERATION OF ADOPTING AN AMENDED MASTER FEE SCHEDULE Staff recommendation: Council continue the public hearing to June 8, 2010. Notice of the hearing was given in accordance with legal requirements, and the hearing was continued to June 8, 2010. ACTION ITEMS 12. REPORT REGARDING POTENTIAL UPDATES TO THE CITY'S DESIGN MANUAL TO PROVIDE SUSTAINABLE DESIGN GUIDELINES As a way to provide guidelines for implementing sustainability measures in smaller projects, staff is proposing to update the City of Chula Vista Design Manual to provide guidance on site design measures that provide for energy efficiency, water conservation, air quality improvement, and greenhouse gas reduction. The measures would include a combination of site design features intended to encourage smart growth community site design principles, provide pedestrian friendly environments, support alternate travel modes (e.g., transit, bicycling), aide energy conservation, and support reductions in vehicles miles traveled and air pollution. (Deputy City Manager/Development Services Director) Assistant City Manager/Director of Development Services Halbert Introduced Assistant Planner Young who presented updates to the City's design manual. Councilmember Thompson suggested that staff allow flexibility with mandates for commercial tenants on the ground floor. Councilmember Bensoussan suggested that the City not be overly restrictive with its project developments, and to emphasize sustainability. She suggested inclusion of solar and photovoltaics in the design guidelines, and to include paseos and connectivity in terms of plazas that would encourage walkability. Councilmember Castaneda suggested inclusion of sidewalks wide enough to allow outdoor dining, or retractable sidewalk bollards that could be used during low traffic time to accommodate sidewalk businesses. ACTION: Councilmember Castaneda moved to accept the report. Deputy Mayor Ramirez seconded the motion and it carried 5-0. 13. CONSIDERATION .OF THE PROPOSED FISCAL YEAR 2010/2011 OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR ALL CITY, REDEVELOPMENT AGENCY AND HOUSING AUTHORITY FUNDS Page 7 - CounciVRDA/IIA Minutes ~~//^^f `°(~ May 25, 2010 Iv ~ i DRAFT ACTION ITEMS (Continued) Adoption of the resolutions approves the City Manager's proposed Spending Plan for the Operating and Capital Improvement Budgets for the City, Redevelopment Agency, and Housing Authority for fiscal year 2010/2011. The Spending Plan reflects the City Manager's recommended allocation of resources for the coming fiscal yeaz taking into account the continued impact of the economic recession. The City Council considered and approved the Spending Plan for the General Fund at the April 13, 2010 Council Meeting. This report provides an overview of the proposed fiscal yeaz 2010/2011 Operating and Capital Improvement budgets for all City, Redevelopment Agency, and Housing Authority funds. (Director of Finance) City Manager Sandoval introduced the item. Finance Director Kachadoorian presented an overview of all City funds for the 2010/2011 operating budget, including projected revenues and expenditures. Deputy City Manager/Development Services Director Halbert presented the Redevelopment Agency five-yeaz forecast and noted the progress for 2010/2011 Development Service projects. He also stated that the Development Services Department was undergoing a development fee study. Director of Public Works Hopkins provided an overview of Capital Improvement Program funds. Senior Civil Engineer Yano presented an overview of wastewater funds. Assistant Director of Engineering Quilantan, presented information regarding the proposed Fiscal Yeaz 2011 Capital Improvement Program. Public Works Director Hopkins presented the unfunded Capital Improvement Program projects in need of repair that included Chula Vista Animal Caze Facility, Fire Stations 1 and 5, Main Public Library. Deputy Mayor Ramirez suggested for the future, to have staff look at how to measure grants in terms of success in order to capture grant funds, and to consider Rienstra Pazk as a pilot project. He also suggested using Redevelopment funds for improvements at the main librazy. City Manager Sandoval responded that Library Director Waznis was working on a master plan for all libraries in the City. ACTION: Councilmember Bensoussan moved to adopt the following Council Resolution No. 2010-127, heading read, text waived: A. RESOLUTION NO. 2010-127, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPENDING PLAN FOR THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA EXCLUDING CAPITAL IMPROVEMENT PROJECTS LB144, PR311, STL337, STM370, AND OP212 FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Councilmember Thompson seconded the motion and it carried 5-0. Page 8 - CounciURDA/HA Minutes I ~ ! ~ May 25, 2010 DRAFT ACTION ITEMS (Continued) ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-128, heading read, text waived: B. RESOLUTION NO. 2010-128, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPENDING PLAN FOR THE CAPITAL IMPROVEMENT BUDGET FOR PROJECTS LB144, PR311, AND STL337 FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Councilmember Bensoussan seconded the motion and it carved 4-0-1, with Deputy Mayor Ramirez abstaining due to a potential property-related conflict of interest. ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-129, heading read, text waived: C. RESOLUTION NO. 2010-129, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPENDING PLAN FOR THE CAPITAL IMPROVEMENT BUDGET FOR PROJECT STM370 FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Councilmember Bensoussan seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining due to a potential property-related conflict of interest. ACTION: Deputy Mayor Ramirez moved to adopt the following Council Resolution No. 2010-130, heading read, text waived: D. RESOLUTION NO. 2010-130, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPENDING PLAN FOR THE CAPITAL IMPROVEMENT BUDGET FOR PROJECT OP212 FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Councilmember Castaneda seconded the motion and it carried 4-0-1, with Councilmember Thompson abstaining due to a potential property-related conflict of interest. ACTION: Agency Member Castaneda moved to adopt the following Redevelopment Agency Resolution No. 2010-2024, heading read, text waived: E. RESOLUTION NO. 2010-2024, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SPENDING PLAN FOR THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR THE REDEVELOPMENT AGENCY FOR THE SOUTHWEST/ TOWNE CENTER IUOTAY VALLEY/ADDED AREA PROJECT AREA FOR THE FISCAL YEAR ENDING NNE 30, 2011 Agency Member Bensoussan seconded the motion and it carried 3-0-2, with Agency Members Ramirez and Thompson abstaining due to potential property- related conflicts of interest. Page 9 - Council/RDA/HA Minutes ~ May 25, 2010 ,~ ~_ DRAFT ACTION ITEMS (Continued) ACTION: Agency Member Bensoussan moved to adopt the following Redevelopment Agency Resolution No. 2010-2025, heading read, text waived: F. RESOLUTION NO. 2010-2025, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SPENDING PLAN FOR THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR THE REDEVELOPMENT AGENCY FOR TOWNE CENTER I AND THE BAYFRONT PROJECT AREAS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Agency Member Ramirez seconded the motion and it carried 3-0-2, with Agency Members Castaneda and Thompson abstaining due to potential property-related conflicts of interest. ACTION: Chair Cox moved to adopt the following Housing Authority Resolution No. 2010- 042, heading read, text waived: G. RESOLUTION NO. 2010-042, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA APPROVING THE SPENDING PLAN FOR THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Authority Member Thompson seconded the motion and it can•ied 5-0. OTHER BUSINESS 14. CITY MANAGER/BXECUTIVE DIRECTOR'S REPORTS City Manager Sandoval announced that the Council Meeting of June 1, 2010 was cancelled, and a Council Workshop was scheduled for June 3, 2010 at 4:00 p.m. in the Police Department Community Room, regarding historic preservation. He also announced that the Auto Pazk sign was completed. 15. MAYOR/CHAIR'S REPORTS Ratification of appointment of Tim Jones and London Meservy to the Board of Appeals & Advisors ACTION: Mayor Cox moved to ratify the appointments of Tim Jones and London Meservy to the Board of Appeals & Advisors. Deputy Mayor Ramirez seconded the motion and it,carried 5-0. Page ] 0 - CouncillRDA/HA Minutes 1 '. ~ ~ May 25, 2010 DRAFT 16. COUNCIL/AGENCY MEMBERS' COMMENTS Deputy Mayor Ramirez commented on an existing City ordinance regazding the use of Special Counsel to investigate complaints lodged against City officials. It was the consensus of the Council to have the City Attorney look at the subject ordinance and to bring it back to the Council for review. Councilmember Castaneda commented on the referral by Deputy Mayor Ramirez and suggested that the City have the ability for recourse and to recoup costs associated with complaints lodged that are found to be frivolous and faceless. Councilmember Castaneda spoke about his recent receipt of an award on behalf of the City's Healthy Eating and Active Communities program, and recognized Dr. Chris Searles for his involvement with the program. Councilmember Bensoussan suggested that staff look at ways to ensure adequate public noticing of all community meetings. Councilmember Thompson stated that he was a recent victim of Internet fraud. To that end, he suggested a fixture community meeting, possibly through the Public Safety Subcommittee, to address minimizing opporhxnities for community members to become victims of Internet fraud. ADJOURNMENT At 6:52 p.m., Mayor Cox adjourned the meeting to the workshop on June 3, at 4:00 p.m., in the Community Room at the Police Department. The Redevelopment Agency and Housing Authority were adjourned to their respective regular meetings. 'Lorraine Bennett, CMC, Deputy City Clerk Page 1 I - Council/RDA/HA Minutes I ~ ` (I May 25, 2010 DRAFT MINUTES OF A WORKSHOP OF THE CITY COUNCIL, PLANNING COMMISSION, AND RESOURCE CONSERVATION COMMISSION OF THE CITY OF CHULA VISTA June 3, 2010 4:00 p.m. A Workshop of the City Council, Planning Commission and Resource Conservation Commission of the City of Chula Vista was called to order at 4:07 p.m. in the Chula Vista Police Department Community Meeting Room, 315 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers: Bensoussan (arrived at 4:12 p.m.), Castaneda, Ramirez, Thompson, and Mayor Cox Planning Commissioners: Bringas, Felber, Liuag, Moctezuma, Spethman, Tripp, and Chair Vinson Resource Conservation Commissioners: Cory, Gilgun, Rahimzadeh, and Chair Stillman ABSENT: Resource Conservation Commissioners: Coleman and Ulloa 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 Commissioner Vinson led the Pledge of Allegiance. PUBLIC COMMENTS There were no public comments. WORKSHOP HISTORIC PRESERVATION PROGRAM AND ORDINANCE City Manager Sandoval made introductory comments. Associate Planner Lopez presented information about the draft Historic Preservation Program and Ordinance, and explained the historic preservation goals, which would align with the General Plan Policies, create a consistent and clear process, and attain certified local government status. She noted that public comments were welcome on the draft documents. City Attomey Miesfeld advised Councilmember Bensoussan to abstain from participating in the Council deliberations, due to potential a potential conflict of interest with property she owns that is designated as a historic site. He stated that Councilmember Bensoussan could speak to the proposed program and ordinance under the public comments portion of the agenda. Councilmember Bensoussan then left the table at 4:15 p.m. Page 1 - CC/PLNG/RCC Minutes June 3, 2010 ~~I DRAFT WORKSHOP (Continued) Commissioner Moctezuma stated that she would be recusing herself from participation, due to a potential conflict of interest related to property she owns that would most likely be designated as a historic site. She left the table at 4:19 p.m. Commissioner Spethman stated that he would be recusing himself from deliberations, due to a potential conflict of interest related to property he owns that could foreseeably be designated a historic site. He then left the table at 4:19 p.m. Councilmember Castaneda stated that he would be recusing himself from deliberations, due to a potential conflict of interest related to property he owns located within 500 feet of the Women's Club. He then left the table at 4:23 p.m. Staffinember Tessitore-Lopez continued with the presentation on the proposed Historic Preservation Ordinance, including an explanation of each of the proposed sections. She then presented the proposed Historic Preservation Program that included historical resources, local register, districts, projects, design guidelines, incentives, and benefits. Staff Member Tessitore stated that the next steps would be to bring the matter before the Resource Conservation Commission in late June, the Planning Commission in eazly July, and to the Council by the beginning of August. Richazd D'Ascoli, Pacific Southwest Association of Realtors, suggested including community groups with future neighborhood projects. He questioned costs associated with the proposed preservation program, and concerns about disclosure on the sale of homes that could potentially be designated as historic. Matt Adams, San Diego resident, representing the Building Industry Association, questioned how the proposed plan would integrate with the City's land use process, particularly with regazd to urban infill. Pamela Bensoussan, Chula Vista resident,. stated that the proposed ordinance was a balanced document, particularly with respect to owner consent for designation. She suggested that staff review the proposed ordinance section 21.08.030, to include the requirement that the review be treated as a major alteration, and that the City Council be the authority for the Historical Resource Review. She referenced proposed ordinance section 21.04.080, and with respect to the Findings of Fact, recommended that item (a) be required, and to include either item (b) or (c). She referenced the proposed ordinance section 21.12.030, and recommended amendment to the first sentence to read, "The applicant or any other interested party may appeal the decision of the Zoning Administrator or HPC within 10 business days after receivinz written notification, rather than, "after the date of the decision." She recommended that members of the proposed Historic Preservation Advisory Committee be comprised of four qualified members and three laymen members, and that members be appointed by the Council through a nomination process. Janet Griffin, Chula Vista resident, suggested adding an owner consent period to Section 21.04.080 of the proposed ordinance. Deputy Mayor Ramirez left the meeting at 5:20 p.m. Councilmember Thompson and Mayor Cox remained as individual members of the Council to conclude the workshop. Page 2 - CC/PLNG/RCC Minutes June 3, 2010 i ~-~. DRAFT WORKSHOP (Continued) Terry Thomas, Chula Vista resident, recommended including Otay Ranch, Otay Church, the strawberry fields, and historic monuments in place, as historic designations. Kevin O'Neill, Chula Vista resident, spoke in support of the proposed preservation ordinance, and suggested that it be implemented in phases. Planning Commission Chair Vinson recommended including realtors as a discipline in the proposed commission's membership, and stated that a 45-year-old house did not seem historic. Staff Member Tessitore responded that a 45-year old house would still require review prior to receiving a historic designation. Commissioners Liuag and Felber questioned the 51% requirement for property owners' consent for Geographic Historic District designation, and stated the requirement was too low. Staff Member Tessitore-Lopez responded that the percentage was determined by the Historic Preservation Advisory Commission, based upon the General Plan direction to preserve older neighborhoods, but that staff would go back and look further into the matter of the consent requirement. Commissioner Felber referenced proposed ordinance section 21.05.060, Historical Resource Delisting -Fines and Penalties, and suggested review of the language by staff to avoid disincentives for homeowners. Staff Member Tessitore explained that the proposed language was intended to prevent automatic penalties, and stated that staff would review the language to make the intent clearer. Councilmember Thompson suggested adding financial assistance or funding as an additional incentive; including realtor representation on the commission membership; including afour- fifths Council vote for requiring a homeowner to make a change that was not their choice; and if an application is denied, one year should pass before homeowner may re-apply. Mayor Cox suggested, with concurrence by Councilmember Thompson to have staff work with the Housing Advisory Commission to look at conducting one to two public workshop meetings, invite realtors specifically, and to address the questions asked by Councilmembers and Commissioners at those workshops. She suggested a commission membership of four that would include a real estate professional. ADJOURNMENT At 6:16 p.m., Mayor Cox adjourned the meeting to the next regular City Council meeting of June 8, 2010, at 4:00 p.m., in the Council Chambers. /Lorraine Bennett, CMC, Deputy Ciry Clerk Page 3 - CC/PLNG/RCC Minutes June 3, 2010 ~lC-3 DRAFT MINUTES OF MEETINGS OF THE CITY COUNCIL, REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY OF THE CITY OF CHULA VISTA June 8, 2010 4:00 P.M. A Regular Meeting of the City Council and Special Meetings of the Redevelopment Agency and Housing Authority of the City of Chula Vista were called to order at 4:02 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 Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Employees of the month, Boushra Salem and Jose Gomez led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • INTRODUCTION BY RICHARD HOPKINS, PUBLIC WORKS DIRECTOR, OF EMPLOYEES' OF THE MONTH, BOUSHRA SALEM, SENIOR CIVIL ENGINEER, AND JOSE GOMEZ, LAND SURVEYOR Public Works Director Hopkins introduced the employees of the Month, Boushra Salem and Jose Gomez. Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Ms. Salem and Mr. Gomez. • PRESENTATION OF CALIFORNIA'S CLEAN AIR AWARD FROM THE STATEWIDE CALIFORNIA CLEAN AIR PROJECT BY KATT EATON OF THE INSTITUTE FOR PUBLIC STRATEGIES, TO THE CITY OF CHULA VISTA FOR ITS LONGSTANDING EFFORTS TO REDUCE SECONDHAND SMOKE IN THE COMMUNITY THROUGH THE ADOPTION OF SMOKE-FREE OUTDOOR DINING IN JUNE 2006, AND FOR HOLDING THESE EFFORTS AS A PRIORITY FOR THE COMMUNITY Katt Eaton introduced Isabella Martinez and Joelle Osorio representing the Institute for Public Strategies. Ms. Eaton recognized the City for its adoption of smoke-free outdoor dining, and then presented the Clean Air awazd to Mayor Cox who accepted it on behalf of the City. Ms. Martinez and Ms. Osorio also presented Public Health Leadership awazds to Councilmembers Castaneda and Thompson. Page 1 - CC/RDA/HA Minutes June 8, 2010 ~~ DRAFT SPECIAL ORDERS OF THE DAY (Continued) PRESENTATION OF A PROCLAMATION TO THE U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, HOUSING OPPORTUNITIES COLLABORATIVE, PACIFIC SOUTHWEST ASSOCIATION OF REALTORS, AND COMMUNITY HOUSING WORKS, PROCLAIMING JUNE 2010, AS NATIONAL HOMEOWNERSHIP MONTH AND JUNE 26, 2010, AS HOMEOWNERSHIP DAY IN THE CITY OF CHULA VISTA Senior Project Coordinator Kurz provided information on the City's neighborhood stabilization program. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to representatives of the housing partners. Mayor Cox announced receipt of an awazd to Housing Manager Mills by the San Diego Housing Federation, for her work on the success of the Wakeland Los Vecinos Project. OATH OF OFFICE London Meservy, Boazd of Appeals & Advisors City Clerk Norris administered the Oath of Office to London Meservy, and Councilmember Thompson presented him with a certificate of appointment. CONSENT CALENDAR (Items 1-8) Item 5 was removed from the Consent Calendar for sepazate consideration. Councilmember Castaneda stated that he would be abstaining from voting on the item due to the proximity of his property to the project. APPROVAL OF MINUTES of January 26, and February 2, 2010. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Derek Turbide, Resource Conservation Commission. Staff recommendation: Council accept the resignation. 3. RESOLUTION NO. 2010-131, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Adoption of the resolution directs the City Attorney and City Clerk to review the City's Conflict of Interest Code to determine whether amendments aze needed, and to submit a notice to the Council prior to October 1, 2010, indicating either that amendments aze required or that no amendments aze necessary. (City Clerk/City Attorney) Staff recommendation: Council adopt the resolution. Page 2 - CC/RDA/HA Minutes +; ~ ^~ June 8, 2010 1 V'd DRAFT CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2010-132, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2010-2011 Article XIIIB of the California Constitution approved by the voters in 1979 and commonly referred to as the Gann Initiative, requires each local government to establish an Appropriations Limit by resolution each year at a regulazly scheduled meeting or noticed special meeting. The purpose of the limit is to restrict spending of certain types of revenues to a level predicated on a base year amount increased ammually by an inflation factor. (Director of Finance/Treasurer) Staff recommendation: Council adopt the resolution. This item was removed from the Consent Calendar. 6. RESOLUTION NO. 2010-136, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING LANDSCAPE MAINTENANCE CONTRACTS IN FOUR (4) COMMUNITY FACILITY DISTRICTS TO BLUE SKIES LANDSCAPE FOR VILLAGE 7 MCMILLIN, VILLAGE 7 OTAY RANCH, OTAY RANCH AM, VILLAGE 11 PHASE 1 AND PHASE 2, FOR THE PERIOD FROM JULY 1, 2010 THROUGH JUNE 30, 2011; AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE (5) ADDITIONAL, ONE (1) YEAR OPTION PERIODS On April 19, 2010, the City received seven bids for this project. In order to increase the quality of landscape services provided to four (4) Community Facility Districts, a contract with new terms including a minimum staffing requirement was developed. Adoption of the resolution awards a contract with Blue Skies Landscape. (Director of Public Works) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2010-137, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE PROPERTY LEASE AGREEMENT WITH HTH LEARNING DATED JANUARY 9, 2007; AND APPROVING A SECOND LEASE WITH HIGH TECH HIGH FOR THE EXPANSION PROPERTY; APPROVING RELATED IMPLEMENTING DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS In January 2007, the City of Chula Vista and HTH Learning entered into a lease agreement to allow for the development of High Tech High Chula Vista, a charter high school within the City's future University Pazk and Reseazch Center (UPRC). Adoption of the resolution approves an amendment to the lease agreement with HTH Learning, a second lease with High Tech High, and related documents. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 3 - CC/RDA/IIA Minutes ` June 8, 2010 I DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2010-138, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING ATHREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, ANTHONY J. LETTIERI, FAICP - CONSULTANT, AND JPB DEVELOPMENT, LLC -APPLICANT, FOR CONSULTING WORK WITH REGARD TO APPLICANT'S PROJECT INVOLVING OTAY RANCH VILLAGES 3, 4, 8 EAST AND 10, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT JPB Development, LLC, has and will be filing applications for proposed General Plan and Otay Ranch General Development Plan amendments, Sectional Planning Area (SPA) Plans, Tentative Maps and related Environmental Impact Reports involving the Otay Ranch Village 3, 4, 8 East and 10 azeas. Under a University Land Offer Agreement (LOA) approved by the City Council in May 2008, processing of these complex applications must occur within a defined time period. Adoption of the resolution approves athree-party agreement to hire Mr. Lettieri to serve as a project manager and ensure the LOA timelines aze met. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffls recommendations and offered Consent Calendaz Items 1 through 4, and 6 through 8, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 5 A. RESOLUTION NO. 2010-133, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $109,000 IN ON-BILL FINANCING & INCENTIVE FUNDS FROM SAN DIEGO GAS & ELECTRIC TO INSTALL A HIGH EFFICIENCY BOILER AT PARKWAY POOL AND APPROPRIATING $109,000 IN FINANCING FUNDS TO THE CITY'S ENERGY CONSERVATION FUND (4/STHS VOTE REQUIRED) B. RESOLUTION NO. 2010-134, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "ENERGY EFFICIENCY: PARKWAY POOL BOILER" PROJECT (GG211), AMENDING THE FISCAL YEAR 2009/2010 CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING $109,000 OF ENERGY CONSERVATION FUNDS THEREFOR (4/STHS VOTE REQUIRED) C. RESOLUTION NO. 2010-135, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH BECKMAN ELECTRIC FOR THE ENERGY EFFICIENCY PARKWAY POOL BOILER PROJECT (GG211) Page 4 - CC/RDA/I-IA Minutes June 8, 2010 1~'"~ DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Pazkway pool was built in the early 1950's, and was outfitted with a Bryan Boiler that operated until the early 1980's when it was replaced with a Raypak heater after the original failed. Recently, staff noticed that several structural parts were beyond repair and replacing the boiler with a more efficient new boiler was the only solution to solving the heater problem. The project will be funded through SDG&E 0% interest On-Bill Financing and incentives as well as existing non-General Fund sources. Adoption of the resolutions appropriates the SDG&E On-Bill Financing Funds, establishes a new CIP project, and approves a Design Build Agreement with Beckman Electric. (Director of Public Works/Director of Conservation & Environmental Services) ACTION: Mayor Cox moved to adopt Resolution Nos. 2010-133, 2010-134 and 2010-135, headings read, text waived. Deputy Mayor Ramirez seconded the motion and it carved 4-0-1, with Councilmember Castaneda abstaining due to a potential property-related conflict of interest. PUBLIC COMMENTS Kevin O'Neill, Chula Vista resident, stated he was offended by a recent advertisement that claimed Proposition G was discriminatory, and spoke in favor of a four-fifths vote requirement for the Council to endorse a measure. Lynda Gilgun, Chula Vista resident, representing the Climate Change Working Group, invited the community to attend the next Climate Change Working Group public forum on June 16, 2010, at 5:00 p.m., at the Norman Park Senior Center. PUBLIC HEARINGS 9. CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO THE PROPOSED LANDINGS II AFFORDABLE HOUSING APARTMENTS 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 located at the northwest corner of Discovery Falls Drive and Crossroads Street within the Winding Walk master planned community. In the past year, the City, its Redevelopment Agency and housing Authority have taken previous actions to approve and appropriate financing for the Project from its HOME finds, In-lieu Housing funds, and Redevelopment Low and Moderate Income Housing funds and authorized issuance of multifamily housing revenue bonds. Reauthorization of the Bond issuance and modifications to the Agency Loan related to its subordination are necessary prior to the financial closing of this project. (Deputy City Manager/Director ofDevelopment Services) Page 5 - CC/RDA/HA Minutes June 8, 2010 i ~ ° DRAFT PUBLIC HEARINGS (Continued) Notice of the heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Principal Project Coordinator Hines introduced the item. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor/Agency Member Ramirez moved to adopt the following Council Resolution No. 2010-139 and Redevelopment Agency Resolution No. 2010-2026, headings read, text waived: A. RESOLUTION NO. 2010-139, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR THE LANDINGS II APARTMENTS B. AGENCY RESOLUTION NO. 2010-2026, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTIVE DIRECTOR TO MODIFY SUBORDINATION TERMS OF A LOAN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND LANDINGS II, L.P. AND EXECUTE ALL OTHER AGREEMENTS AND DOCUMENTS NECESSARY FOR THE FINANCING OF THE LANDINGS II AFFORDABLE APARTMENT PROJECT Council/Agency Member Thompson seconded the motion. and it tamed 5-0. 10. CONSIDERATION BY THE CITY COUNCIL, REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY OF THE ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY AND REDEVELOPMENT AGENCY AND THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL YEAR 2010/2011 The City Council has received and considered the City Manager's proposed operating and capital improvement budgets for the City and the Redevelopment Agency and the operating budget for the Housing Authority for the fiscal yeaz ending June 30, 2011. The City Council considered and approved the Spending Plan for the General Fund and the All Funds Spending Plan at the April 13, 2010 and May 25, 2010 Council Meetings respectively. The budgets submitted at this time for formal adoption and appropriation represent the City Manager's proposed budgets, as presented in the fiscal yeaz 2010/2011 Proposed Budget document, amended to reflect various clean up items. (Director of Finance/Treasurer) Page 6 - CC/RDA/HA Minutes June 8, 2010 ~ ~a - ~ DRAFT 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. City Manager Sandoval recognized Finance Director Kachadoorian who received a Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association. Finance Director Kachadoorianthen presented the Fiscal Yeaz 2010/2011 proposed budget, Master Fee Schedule review, Five-Year Financial Forecast, and Utility Users Tax Ballot Measure. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Mayor Cox noted that the following Council/Agency Members would be abstaining from voting on specific resolutions for Item 10, due to potential property-related conflicts of interest: Council/Agency Member Ramirez -Item 10 B and F. CounciUAgency Member Castaneda -Item 10 C and G. Council/Agency Member Thompson -Item 10 D, F, and G. ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-140, heading read, text waived: A. RESOLUTION NO. 2010-140, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA EXCLUDING CAPITAL IMPROVEMENT PROJECTS LB 144, PR311, STL337, STM370, AND OP212 FOR FISCAL YEAR 2010/2011, AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Deputy Mayor Ramirez seconded the motion and it carried 5-0. ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-141, heading read, text waived: B. RESOLUTION NO. 2010-141, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CAPITAL IMPROVEMENT BUDGETS FOR CAPITAL IMPROVEMENT PROJECTS LB144, PR311, AND STL 337 FOR FISCAL YEAR 2010/2011, AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Councilmember Thompson seconded the motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining due to a potential property-related conflict of interest. Page 7 - CC/RDA/I{A Minutes ~i June 8, 2010 F DRAFT PUBLIC HEARINGS (Continued) ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-142, heading read, text waived: C. RESOLUTION NO. 2010-142, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CAPITAL IMPROVEMENT BUDGET FOR CAPITAL IMPROVEMENT PROJECT STM370 FOR FISCAL YEAR 2010/2011, AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining due to a potential property-related conflict of interest. ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-143, heading read, text waived: D. RESOLUTION NO. 2010-143, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR CAPITAL IMPROVEMENT PROJECT OP212 FOR FISCAL YEAR 2010/2011 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with Councilmember Thompson abstaining due to a potential property-related conflict of interest. ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-144, heading read, text waived: E. RESOLUTION NO. 2010-144, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AS REFLECTED IN THE FISCAL YEAR 2010/2011 OPERATING BUDGET Deputy Mayor Ramirez seconded the motion and it tamed 5-0. ACTION: Agency Member Castaneda moved to adopt the following Redevelopment Agency Resolution No. 2010-2027, heading read, text waived: F. AGENCY RESOLUTION NO. 2010-2027, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE REDEVELOPMENT AGENCY FOR THE SOUTHWEST/TOWNE CENTER II/OTAY VALLEY/ADDED AREA PROJECT AREA FOR FISCAL YEAR 2010/2011 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Chair Cox seconded the motion and it carved 3-0-2, with Agency Members Ramirez and Thompson abstaining. Page 8 - CC/RDA/IlA Minutes Q June 8, 2010 ~..: ' V DRAFT PUBLIC HEARINGS (Continued) ACTION: Chair Cox moved to adopt the following Agency Resolution No. 2010-2028, heading read, text waived: G. AGENCY RESOLUTION NO. 2010-2028, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE REDEVELOPMENT AGENCY FOR TOWNE CENTER I AND THE BAYFRONT PROJECT AREAS FOR FISCAL YEAR 2010/2011 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Agency Member Ramirez seconded the motion, and it carved 3-0-2, with Agency Members Castaneda and Thompson abstaining. ACTION: Chair Cox moved to adopt the following Housing Authority Resolution No. HA- 044, heading read, text waived H. AUTHORITY RESOLUTION NO. 2010-044, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL YEAR 2010/2011 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2011 Authority Member Ramirez seconded the motion and it carried 5-0. ACTION: Mayor Cox moved to place the following Ordinance on first reading, heading read, text waived: I. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE TITLE OF LAW OFFICE MANAGER (4/STHS VOTE REQUIRED) (FIRST READING) Deputy Mayor Ramirez seconded the motion and it tamed 5-0. 1 L CONSIDERATION OF ADOPTING AN AMENDED MASTER FEE SCHEDULE, COST RECOVERY POLICY, AND CONTINUING THE CURRENT PREVIOUSLY APPROVED SEWER SERVICE RATES On January 20, 2009, the City Council endorsed the City Manager's Fiscal Health Plan that included the review of the City's Master Fee Schedule to identify potential additional fee revenues. Adoption of the proposed resolutions represents the first formal steps in the implementation of the Fee Review component of the Fiscal Health Plan. (Director of Finance/Treasurer) Page 9 - CC/RDA/HA Minutes .,y June 8, 2010 DRAFT 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. City Manager Sandoval introduced the item, stating that this was the first of three phases of fee adjustments. Fiscal and Management Analyst Allen presented the first step in implementing the fee review component of the Fiscal Health Plan that included a Citywide cost recovery policy, updates to the administrative and engineering fees, and continuation of existing sewer rates. Mayor Cox opened the public hearing. Steven Pavka, Chula Vista resident, spoke in opposition to the proposed cost recovery policy and associated fees. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Bensoussan asked for clarification on false alarm fees, and she encouraged staff to consider review of false alarm fees over a 24-month period, since the renewals were based on a 24-month cycle. Chief Bejarano responded that staff would review the matter and provide the Council with an update. Councilmember Thompson spoke in support of a rolling 24-month cycle for alarm fees to help incentivise avoidance of false alarms. Deputy Mayor Ramirez suggested consideration by staff to create disincentives for actions that were costly to the City, and to create incentives for people to do the right thing. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution Nos. 2010-145 and 2010-146, Urgency Ordinance No. 3155-A, and to place the ordinance on first reading, headings read, text waived: A. RESOLUTION NO. 2010-145, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A CITYWIDE COST RECOVERY POLICY B. RESOLUTION NO. 2010-146, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED MASTER FEE SCHEDULE. C. URGENCY ORDINANCE NO. 3155-A, URGENCY ORDINANCE OF THE CITY OF CHULA VISTA CONTINUING THE CURRENT, PREVIOUSLY- APPROVED SEWER SERVICE RATES (4/STHS VOTE REQUIRED) Page ] 0 - CC/RDA/HA Minutes June 8, 2010 "'~'~ DRAFT PUBLIC HEARINGS (Continued) D. ORDINANCE OF THE CITY OF CHULA VISTA CONTINUING THE CURRENT, PREVIOUSLY-APPROVED SEWER SERVICE RATES (4/5TH VOTE REQUIRED) (FIRST READING) Councilmember Castaneda seconded the motion and it carried 5-0. ACTION ITEMS 12. CONSIDERATION OF THE FIVE-YEAR FINANCIAL FORECAST REPORT AND ADOPTION OF A RESOLUTION DECLARING A FISCAL EMERGENCY The goal of the Five-Year Financial Forecast is to assess the City's ability over the next five years to continue current service levels based on projected growth, preserve our long-term fiscal health by aligning operating revenues and costs, and rebuild reserves. The Forecast serves as a tool to identify financial trends, shortfalls, and issues so the City can proactively address them. Over the last few years the City of Chula Vista has experienced a precipitous decline in revenues due to the slumping economy, the housing crisis, and the slowdown in development activity. In response, the City has made significant program and personnel reductions, bringing expenditures in line with a lower revenue base. Revenues have continued to decline in fiscal years 2008/2009 and 2009/2010, creating additional structural imbalances. In order to avoid additional service impacts or further erosion of General Fund reserve levels, the City's Manger's proposed operating budget for fiscal yeaz 2010/2011 assumes the application of one-time revenues. The Financial Forecast recognizes the use of one-time revenues as a short-term solution and projects continued revenue shortfalls resulting in an ongoing structural imbalance in the General Fund in fiscal years 2011/2012 through 2014/2015. (Director of Finance/Treasurer) City Manager Sandoval introduced the item. Finance Director Kachadoorian then presented an overview of the five-year financial report, and summary of major. assumptions in terms of revenues and expenses. Kevin O'Neill, Chula Vista resident, spoke in support of declaring a fiscal emergency. He stated there was a need to seek ways to do more with less, and suggested that there be two reserve funds, one for contingencies, and another for catastrophes. ACTION: Deputy Mayor Ramirez moved to accept the following report and adopt Resolution No. 2010-147, heading read, text waived: A. FIVE-YEAR FINANCIAL FORECAST REPORT: FISCAL YEARS 2010/2011 THROUGH 2014/2015 B. RESOLUTION NO. 2010-147, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A FISCAL EMERGENCY (UNANIMOUS VOTE) Councilmember Castaneda seconded the motion and it carried 5-0. Page 11 - CC/RDA/HA Minutes June 8, 2010 ', ~~ DRAFT ACTION ITEMS (Continued) 13. CONSIDERATION OF CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF A MEASURE RELATING TO THE CITY'S TELECOMMUNICATIONS USERS' TAX Chula Vista's Utility Users' Tax (WT) was adopted in 1970, as a means to help fund public services and capital improvement projects through the City's General Fund. The City receives WT based on the usage of natural gas, electricity and telecommunications. In fiscal year 2008/2009, the total UUT received was approximately $7.8 million, representing 5.6% of General Fund revenues. The current rates chazged aze .00919 per therm, .0025 per kilowatt, and 5% on telephone. There aze over 150 cities in California with a Utility Users Tax, generating an estimated $2 billion annually for city and county governments throughout the state. City staff is recommending that the WT on telecommunications be updated due to a recent IRS decision, pending legal challenges, a perceived loophole in the current ordinance and changes in technology, which have put this funding at risk. The legal challenges pose the most serious and immediate threats to existing WT ordinances for cities taxing telecommunication services due to references to the Federal Excise Tax. An adverse ruling in any of these pending actions may further jeopazdize the City's current WT ordinance. As a result of these existing and imminent threats to the telecommunications portion of the City's WT ordinance, City staff is recommending that the Council approve submittal of a new ordinance to the voters at the November 2, 2010 special election as a general tax. The resolution presented for the Council's consideration would approve an ordinance to be submitted to the voters for this purpose. (Duector of Finance/Treasurer) City Manager Sandoval introduced the item and stated that the matter was addressed before the Council over yeaz ago, with concerns raised by Council and the industry, but that since then, all concerns had been addressed. Finance Director Kachadoorian then presented an overview of the Utility Users' Tax (UUT), and a proposed update to secure existing WT revenue. Sam Attisha, San Diego resident, representing Cox Communications, stated that he received inadequate notice about the item and that his previously stated concerns had not been addressed. He requested an opportunity to discuss the matter with staff and other members of the industry. Ignacio De La Torre, Chula Vista resident, representing AT&T, stated there was a lack of notice for the item. He asked the Council to grant an extension. Larry Breitfelder, Chula Vista resident, suggested the Council conduct a series of public workshops on the matter prior to any action, and that any decisions by the Council be postponed until after the June 8, 2010 election. Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, spoke in opposition to the proposed resolution and suggested that the issue be opened for public review. Page 12 - CC/RDA/HA Minutes June 8, 2010 DRAFT ACTION ITEMS (Continued) Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, asked for Council consideration to postpone the matter in order to allow review of the proposed legislation to determine its impact on the community and businesses. Director of Conservation and Environmental Services Meacham responded to concerns raised by some of the speakers. He noted that all issues raised in 2008 had been addressed. Mayor Cox announced a meeting recess at 6:14 p.m. The meeting reconvened at 6:33 p.m. with all members present. Discussion ensued about the proposed ballot language. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-148, heading read, text waived: RESOLUTION NO. 2010-148, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE RELATING TO THE CITY'S TELECOMMUNICATIONS USERS' TAX; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (4/STHS VOTE REQUIRED) Councilmember Castaneda seconded the motion and it carried 5-0. Mayor Cox suggested that industry representatives meet with staff to discuss the matter, and if that resulted in providing an update to the Council, that such an update be placed on a Council Agenda prior to July 31, 2010. OTHER BUSINESS 14. CITY MANAGER/EXECUTIVEbIRECTOR'S REPORTS There were none. 15. MAYOR/CHAIR'S REPORTS Mayor Cox announced that the City's Recreation Department was recently recognized by "Google" as a "favorite place," in particular, Parkway Community Center and Walk Chula Vista. She noted that the City would be accepting applications for the City's Youth Action Council through June 30, 2010. She also announced the "Save a Life, Adopt a Cat" campaign at the Animal Care Facility through June 30, 2010. Page 13 - CC/RDA/HA Minutes June 8, 2010 '~~,' DRAFT 16. COUNCIL/AGENCY MEMBERS' COMMENTS Councilmember Castaneda encouraged everyone to vote. Councilmember Bensoussan announced the recent ribbon cutting event for new equestrian trails at Otay Valley Regional Pazk. She announced the upcoming San Diego National Wildlife Refuge complex groundbreaking event on Jun 15, 2010 at 11:00 a.m. at the Chula Vista Nature Center Sweetwater Mazsh. She also announced that the Chula Vista Police Department would be hosting a fundraising event for the Shop with A Cop program on June 9, 2010 at 11:00 a.m. Councilmember Castaneda left the dais at 6:46 pm. ADJOURNMENT At 6:47 p.m., Mayor Cox adjourned the meeting in memory of James Hobel, former Chula Vista Councilmember, to the regulaz meeting of the City Council and Redevelopment Agency on June 15, 2010, at 4:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 14 - CC/RDA/I-IA Minutes June 8, 2010 \~j- i ~-