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HomeMy WebLinkAboutcc min 2010/06/15 rdaMINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA June 15, 2010 4:00 P.M. Regulaz Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council/Agency Members: Bensoussan, Castaneda, Ramirez, Thompson, and Mayor/Chair Cox ABSENT: None ALSO PRESENT: City Manager/Executive Director Sandoval, Assistant City Attorney Maland, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Ramirez led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY INTRODUCTION BY HIGH TECH HIGH SCHOOL CHULA VISTA DIRECTOR COLLEEN GREEN AND DIRECTOR OF COMMUNITY DEVELOPMENT LISA DAMS ON THE SCHOOL'S STUDENT INTERNSHIP PROGRAM WITH THE CITY OF CHULA VISTA WITH PRESENTATIONS BY THE 11TH GRADE INTERNS DIEGO AV1LA, VICTORIA CASAS, PAULO GARZA, AMADA GONZALES, HORACIO HERRERA, AUSTIN MARSHALL, LESLIE REYES, ALEJANDRO SARMIENTO, AND MIRIAM ZEPEDA High Tech High Director Colleen Green and Director of Community Development Lisa Davis provided information on the internship program and introduced the students who participated in the program. Each student then spoke about their experiences during their internship with the City. CONSENT CALENDAR (Items 1-12) Items 2, 4, 8 and 9 were removed from the Consent Calendar for separate consideration. Item 10 was removed from the agenda at the request of staff. Councilmember Castaneda stated that he had comments on Item 2, that he would be registering a no vote on Item 4, and that he would be abstaining from voting on Item 9, due to a potential property-related conflict of interest. Councilmember Thompson stated that he had comments on Item 8, and that he would be abstaining from voting on Item 9, due to a potential property-related conflict of interest. Page 1 -Council/RDA Minutes June 15, 2010 CONSENT CALENDAR (Continued) APPROVAL OF MINUTES of February 9, 2010 Staff recommendation: Council approve the minutes. 2. Item 2 was removed from the Consent Calendaz. ORDINANCE NO. 3155, ORDINANCE OF THE CITY OF CHULA VISTA CONTINUING THE CURRENT, PREVIOUSLY-APPROVED SEWER SERVICE RATES (4/STHS VOTE REQUIRED) (SECOND READING AND ADOPTION) The City collects a Sewer Service Chazge from all users connected to the City's wastewater collection system. Revenues generated by this fee are used to fund the cost of wastewater treatment, system maintenance and operation. Per the 2010 Cost of Service and Rate Study Update for Sewer Services, application of the fiscal yeaz 2009-10 Sewer Service rates will generate revenues sufficient to offset anticipated expenditures in fiscal year 2010-11. The continuation of previously approved Sewer Service rates is therefore proposed for fiscal year 2010-11. Adoption of the ordinance will continue the previously approved Sewer Service rates currently in effect until such time as an increase or other modification is warranted. This ordinance was introduced on June 8, 2010. (Director of Finance/Treasurer) Staff recommendation: Council adopt the ordinance. 4. Item 4 was removed from the Consent Calendaz. 5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.12, SECTION 9.12.190, SUBSECTIONS I AND P OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) The City Manager's Office has received a citizen request to amend Chula Vista Municipal Code Section 9.12.190, subsections (I) and (P), to increase the limit on bingo gaming per game from the current limitation of $250.00 to $500.00 and; consideration to eliminate the provision prohibiting saved seating at bingo games. The proposed revision to increase the bingo game limit is lawful and necessary to bring it into conformance with state law. Because the issue of saved seating at bingo games is not addressed or regulated in the state law governing bingo gambling, this revision can be accomplished through Council action on the item. (City Attorney) Staff recommendation: Council place the ordinance on first reading. 6. A. RESOLUTION NO. 2010-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOCAL ENERGY ASSURANCE PROGRAM GRANT IN THE AMOUNT OF $198,998 AND APPROPRIATING THE FUNDS TO FISCAL YEAR 2010/2011 ARRA FUND BUDGET Page 2 - Council/RDA Minutes June 15, 2010 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2010-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING THE CITY'S FORMAL BIDDING PROCESS INVOLVING SELECTION OF A CONSULTANT TO IMPLEMENT THE LOCAL ENERGY ASSURANCE PROGRAM; (2) APPROVING AN AGREEMENT WITH BURNS AND MCDONNELL ENGINEERING CO. TO ASSIST THE CITY IN THE IMPLEMENTATION OF THE LOCAL ENERGY ASSURANCE PROGRAM; AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENT The City received a grant from the US Department of Energy in the amount $198,998 for the Local Energy Assurance Program (LEAP). The grant will be utilized to develop energy assurance and resiliency plans. The City seeks to Retain Burns and McDonnell Engineering Co. to prepare the LEAP plan for the City. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. RESOLUTION NO. 2010-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR CAL-HOME PROGRAM FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR THE CAL-HOME FUNDS The City of Chula Vista wishes to authorize City staff to apply for funds from the State of California on its behalf, to increase available funding for the City's Home Buyer Assistance Program. The California Department of Housing and Community Development issued a Notice of Funding Availability (NOFA) under the Cal-Home Program on April 19, 2010. The NOFA has been issued for approximately $50 million, which was provided by the passage of Proposition 1 C-Housing and Emergency Shelter Trust Fund Act of 2006. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 8. Item 8 was removed from the Consent Calendar. 9. Item 9 was removed from the Consent Calendaz. 10. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE AMENDED CHULA VISTA REDEVELOPMENT CORPORATION BYLAWS B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.55.700(A) OF THE CHULA VISTA MUNICIPAL CODE REMOVING THE REFERENCE TO A 6:00 P.M. START TIME FOR REGULAR MEETINGS Item 10 was removed from the agenda. The item was not discussed and no action was taken. Page 3 -Council/RDA Minutes June 15, 2010 CONSENT CALENDAR (Continued) 11. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTERS 2.19 AND 2.41 OF THE CHULA VISTA MUNICIPAL CODE IN THEIR ENTIRETY (4/STHS VOTE REQUIRED) (FIRST READING) Chapter 2.19 of the Chula Vista Municipal Code entitled "Nature Center Department" and Chapter 2.41 entitled "Chula Vista Nature Center Board of Trustees" aze no longer valid or applicable, since management and operations of the Chula Vista Nature Center aze now being administered by the Chula Vista Nature Center Foundation, a State of California certified nonprofit public benefit corporation. (Director of Recreation and Nature Center) Staff recommendation: Council place the ordinance on first reading. 12. RESOLUTION NO. 2010-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $21,446 IN UNANTICIPATED REVENUE GENERATED THROUGH OPERATIONS AT THE CHULA VISTA NATURE CENTER, AND AMENDING THE BUDGET ACCORDINGLY (4/STHS VOTE REQUIRED) The approved operating budget for the Chula Vista Nature Center for fiscal yeaz 2009/2010 included no revenue, and limited funding on the expenditure side. Through an agreement reached with the Friends of the Chula Vista Nature Center (Friends) subsequent to the budget process, the facility was operated at full capacity, generating unanticipated revenue. The City Council has approved three previous appropriations of revenue this fiscal yeaz, and this final appropriation is from revenue generated during the last 3-4 weeks of operations prior to the formal transition of Nature Center management and operations to the Chula Vista Nature Center Foundation on February 6, 2010. (Director of Recreation and Nature Center) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendaz Items 1, 3, 5 through 7, 11 and 12, headings read, text waived. Councilmember Castaneda seconded the motion and it carved 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. ORDINANCE NO. 3156, 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) (SECOND READING AND ADOPTION) Page 4 - Council/RDA Minutes June 15, 2010 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) In conjunction with the approval of the City's operating budget for fiscal yeaz 2010/2011, Chula Vista Municipal Code Section 2.05.010 must be updated to reflect position changes impacting unclassified positions. Chula Vista Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by ordinance. Adoption of the ordinance will add the position title of Law Office Manager to Section 2.05.010 of the Chula Vista Municipal Code. This ordinance was introduced on June 8, 2010. (Director of Finance/Treasurer) Councilmember Castaneda requested clarification from staff about the duties of the proposed Law Office Manager position. City Manager Sandoval responded that the duties of the position would include the day to day operations of the City Attorney's Office. He stated that because there is no current funding for the position, that it would not be filled until a clerical position in the City became vacant. ACTION: Mayor Cox moved to adopt Ordinance No. 3156, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. 4. RESOLUTION NO. 2010-149, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECLASSIFYING A 1.0 FTE SENIOR COUNCIL ASSISTANT POSITION TO A 1.0 FTE CONSTITUENT SERVICES MANAGER IN THE MAYOR'S OFFICE The fiscal year 2010/2011 operating budget for the City of Chula Vista was approved by the City Council on June 8, 2010. The adopted budget authorized a Senior Council Assistant in the Mayor's Office. As a result of increasing responsibilities and changes in job duties, reclassification of this Senior Council Assistant position to Constituent Services Manager is recommended by the Mayor. Sufficient budgetary savings within the budget of the Department of Mayor and Council to offset the expense of this reclassification have been identified in the fiscal year 2010/2011 budget, resulting in no net impact to the General fund as a result of this action. (Director of Human Resources) ACTION: Mayor Cox moved to adopt Resolution No. 2010-149, heading read, text waived. Councilmember Thompson seconded the motion and it carried 4-1, with Councilmember Castaneda opposed. 8. RESOLUTION NO. 2010-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATION OF A PREVIOUSLY GRANTED DENSITY BONUS (KINGSWOOD MANOR) FROM FOR-RENT UNITS TO FOR-SALE UNITS AND APPROVING A FIRST AMENDMENT TO A HOUSING COOPERATION AGREEMENT FOR KINSGWOOD MANOR REFLECTING THE MODIFICATION FROM FOR-RENT UNITS TO FOR-SALE UNITS Page 5 -Council/RDA Minutes June 15, 2010 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) On May 9, 2000, IPMG, Inc. received atwenty-five percent (25%) density bonus and modifications of certain development standazds pursuant to California Government Code Section 65915 and the City of Chula Vista Housing Element. The approval of the density bonus was to facilitate the construction of 10 affordable rental units to an existing 40 unit multifamily residential development, for a total of 50 units. The project is a 3.32 acre site located at 54-94 Kingswood Drive. The project has received development approvals but has not yet been constructed. Adoption of the resolution authorizes the Property Owner to maintain the approved density bonus with the conversion to condominiums, to create affordable homeownership opportunities. (Deputy City Manager/Development Services Director) Councilmember Thompson suggested that staff and the developer work collaboratively to drive home ownership to members of the community who otherwise would not have an opportunity to own a home. ACTION: Councilmember Thompson moved to adopt Resolution No. 2010-153, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. 9. RESOLUTION NO. 2010-2029, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE TWO-PARTY AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC TO PREPARE A PLAN AMENDMENT TO EXTEND FOR TEN YEARS THE EFFECTIVENESS OF THE REDEVELOPMENT PLANS FOR THE BAYFRONT AND TOWN CENTRE I REDEVELOPMENT PROJECT AREAS AND THE TIME LIMITS TO COLLECT TAX INCREMENT AND REPAY INDEBTEDNESS IN THE PROJECT AREAS On December 15, 2009, the Redevelopment Agency approved the Five Yeaz Implementation Plan for 2010-2014, which authorized the amendment of the Bayfront and Town Centre I (BF/TCI) Redevelopment Project Area to extend the time limits for plan effectiveness, payment of indebtedness, and receipt of tax increment by ten yeazs. Adoption of the resolution authorizes the Two-Party Agreement between the Chula Vista Redevelopment Agency and Rosenow Spevacek Group, Inc. to conduct work necessazy to prepare the amendment. (Deputy City Manager/Development Services Director) ACTION: Chair Cox moved to adopt Redevelopment Agency Resolution No. 2010-2029, heading read, text waived. Agencymember Bensoussan seconded the motion and it carried 3-0-2, with Agencymembers Castaneda and Thompson abstaining. PUBLIC COMMENTS Daniel Runyan, Chula Vista resident, spoke in opposition to "blanket approvals," and spoke in opposition to additional taxes and the process for rent control. Page 6 - Council/RDA Minutes June 15, 2010 ACTION ITEMS I3. 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) City Manager Sandoval introduced the item. Chief Hanneman provided information about the proposed Emergency Services Cost Recovery fees. The following members of the public spoke in opposition to the proposed cost recovery fees: Steven Pavka, Chula Vista resident Joanne Golden, San Diego resident, representing San Diego Taxpayers Association Daniel Runyan, Chula Vista resident James R. Thomas, Chula Vista resident Pat Finlay, Chula Vista resident Alicia McGinnis, Chula Vista resident Ed Herrera, Chula Vista resident Penny Vaughn, Chula Vista resident Crus Vance, Chula Vista resident, representing Chula Vista Civic Association Belinda Herrera, Chula Vista resident, representing Chula Vista Civic Association Mary Jane Delphenich, Chula Vista resident, representing Chula Vista Civic Association Isabelle Espino, Chula Vista resident Jefferson Vance, Chula Vista resident, representing Chula Vista Civic Association Leah Renee Belkso, Chula Vista resident Ted Kennedy, Chula Vista resident Janette Barreras, Chula Vista resident, representing Chula Vista Civic Association George Little, Chula Vista resident, representing Chula Vista Civic Association Chief Hanneman provided responses to the speakers' comments, and Troy Walsh, representing Fire Recovery USA, provided clarification about the appeal process and claims, and addressed concerns about insurance rate increases. Councilmember Thompson asked why the City would hire a third party firm for collections, rather than utilize City staff. Deputy City Attorney Miller responded and explained the rationale and cost-effectiveness to the City, of contracting with an outside vendor. Councilmember Castaneda stated his concern about the potential for increased insurance rates for drivers, and suggested having staff come back with updated information and facts from insurance companies about the rules and laws associated with insurance rates and cost recovery services. Further discussion ensued among the Council with the suggestion to have staff come back with more specific information from the State Department of Insurance and local insurance companies, provide data from other cities who have implemented cost recovery services, and to organize community meetings on the matter. Page 7 -Council/RDA Minutes June 15, 2010 ACTION ITEMS (Continued) ACTION: Councilmember Castaneda moved to continue the item for 30 days, have staff contact the various insurance agencies and return with updated information. Councilmember Bensoussan seconded the motion and it carved 4-1, with Councilmember Thompson opposed. 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 OTHER BUSINESS 14. CITY MANAGER/EXECUTIVEbIRECTOR'S REPORTS City Manager Sandoval announced that the Los Vecinos and Millennia projects were recent recipients of the Golden Nugget Award, for energy savings measures. He thanked Richard D'Ascoli from Southwest Association of Realtors, for his collaborative work with staff in obtaining receipt of a $5,000 grant to the City from the National Association of Realtors for completion of the City's bicycle path project. 15. MAYOR/CHAIR'S REPORTS Mayor Cox announced that the Climate Change Working Group was hosting a community meeting about the Chula Vista Climate Adaptation Strategy on June 16, 2010, at the Norman Park Senior Center, 270 F Street, at 5:00 p.m. 16. COUNCIL/AGENCY MEMBERS' COMMENTS Councilmember Castaneda congratulated Mayor Cox on her re-election as Chula Vista Mayor, and Deputy Mayor Ramirez for his re-election to a second term as Chula Vista Councilmember. He also recognized Glen Googins and the candidates who will face a runoff for Seat 2 in the November election. Councilmember Bensoussan commented on the recent groundbreaking construction project at the wildlife refuge adjacent to the Nature Center. She announced a homeowner's resource fair scheduled for June 26, 2010 from 9:30 a.m. to 2:00 p.m. at the City Hall courtyazd. She announced a memorial tribute honoring San Diego Sherriff Deputy Kenneth Collier and U.S. Border Patrol Agent Robert W. Rosas, Jr., on June 17, 2010 at 11:00 a.m. at the Chula Vista Police Department Headquarters. Deputy Mayor Ramirez: Council consideration of the repeal of Chapter 2.52, Section 2.52.140, titled "Enforcement" of the campaign contribution provision of the City Code. Page 8 - Council/RDA Minutes June 15, 2010 ACTION ITEMS (Continued) Deputy Mayor Ramirez stated he had concerns about the enforcement provision of the Campaign Contribution Ordinance, and asked for Council input on the matter. Mayor Cox commented on a prior referral by the Council to the City Attorney about the matter. Assistant City Attorney Maland responded that staff was working on the referral, and would return to the Council in approximately 60 days with recommendations. ACTION: Deputy Mayor Ramirez moved to place the repeal of the enforcement section of Chapter 2.52 for Council consideration on the June 22, 2010 Council agenda. The motion died for lack of a second. Mayor Cox suggested that staff provide with its recommendation to Council, a strikethrough version of the 2007 ordinance compared with the 2004 ordinance to show the changes made in 2007. She suggested that the City Attorney also look at the San Diego ordinance. Further discussion ensued between the Council on the matter. ACTION: Deputy Mayor Ramirez moved to place the matter on the June 22, 2010 Council Agenda, and directed the City Attorney to come back with options for potential suspension of the enforcement provision of Section 2.52.140, titled "Enforcement." Councilmember Thompson seconded the motion and it carried 4-1, with Mayor Cox opposed. ADJOURNMENT At 7:26 p.m., Mayor/Chair Cox adjourned the Council meeting to the next regular City Council meeting on June 22, 2010, at 4:00 p.m. and the Redevelopment Agency to its next regulaz meeting. ~, O Q Donna Norris, M ,City Clerk Page 9 -Council/RDA Minutes June 15, 2010