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Home My WebLink About2010/12/07 AgendaI declare under penalty of perjury that I am s employed by the City of Chula Vista in the Office of the City Clerk and that I posted thl~ ~~ document on the bulletin board accord\` rown Act requirements. ~~ ~2 3 ~D Signed +'u Cf1Y OF CHULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember December 7, 2010 4:00 p.m. CALL TO ORDER Council Chambers City Hall -Building 100 276 Fourth Avenue ROLL CALL: Councilmembers Bensoussan, Castaneda, McCann, Ramirez and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG NATIONAL ANTHEM: Performed by Joey Molina CONSENT CALENDAR (Part I -Item 1 only) L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THIS CITY ON NOVEMBER 2, 2010, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BYLAW The Registrar of Voters has transmitted the results of the Special Municipal Election held on November 2, 2010. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, which shall adopt a resolution reciting the fact of the election. Adoption of the resolution declares the results of the Special Municipal election. (City Clerk) Staff recommendation: Council adopt the resolution. SPECIAL ORDERS OF THE DAY * COMMENTS IN TRIBUTE TO CITY ATTORNEY BART MIESFELD * COMMENTS BY OUTGOING CITY ATTORNEY BART MIESFELD * OATH OF OFFICE FOR NEWLY-ELECTED CITY ATTORNEY GLEN GOOGINS, TO BE ADMINISTERED BY SONYA GOOGINS * COMMENTS BY CITY ATTORNEY GLEN GOOGINS * COMMENTS IN TRIBUTE TO COUNCILMEMBER JOHN MCCANN '* COMMENTS BY OUTGOING COUNCILMEMBER JOHN MCCANN * OATH OF OFFICE FOR NEWLY-ELECTED COUNCILMEMBER PATRICIA AGUILAR, TO BE ADMINISTERED NICK AGUILAR * COMMENTS BY COUNCILMEMBER PATRICIA AGUILAR * OATH OF OFFICE FOR RE-ELECTED COUNCILMEMBER RUDY RAMIREZ, TO BE ADMINISTERED BY RAQUEL RAMIREZ * COMMENTS BY COUNCILMEMBER RUDY RAMIREZ * OATH OF OFFICE FOR RE-ELECTED MAYOR CHERYL COX, TO BE ADMINISTERED BY GREG COX * COMMENTS BY MAYOR CHERYL COX RECESS CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez and Mayor Cox SPECIAL ORDERS OF THE DAY INTRODUCTION BY ASSISTANT CITY MANAGER GARY HALBERT, OF EMPLOYEE OF THE MONTH, ROSEMARIE RICE, PLANNING AND BUILDING SECRETARY Page 2 -Council Agenda htto://www.chulavistaca.eov December 7, 2010 CONSENT CALENDAR (Part II -Items 2-11) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Ciry Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 2. ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 10.52.465 TO CHAPTER 10.52 OF THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT PARKING CARS FOR SALE ON PUBLIC STREETS ONLY IN AREAS WHERE SIGNS ARE POSTED (SECOND READING AND ADOPTION) In response to citizen concerns involving persons conducting the business of selling vehicles on public streets, in combination with aesthetic and traffic safety concems, the City Attorney's office and the Chula Vista Police Department recommend the adoption of a parking ordinance restricting this activity where signs are posted. This ordinance was introduced November 23, 2010. (City Attorney) Staff recommendation: Council adopt the ordinance. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 9.12.130 TO AUTHORIZE REMOTE CALLER BINGO (SECOND READING AND ADOPTION) The City Attorney's office has received written requests from non-profit organizations to amend the Chula Vista Municipal Code to authorize "remote caller bingo" (a type of bingo game recently authorized by state law) to enhance charitable fundraising. This ordinance was introduced November 23, 2010. (City Attorney) Staff recommendation: Council adopt the ordinance 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2011 BUDGET (1) TO APPROPRIATE $12,660 IN UNANTICIPATED REVENUE TO THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT BUDGET AND (2) TO TRANSFER $210,000 IN ENERGY EFFICIENCY & CONSERVATION BLOCK GRANTS INTO `CAPITAL EXPENDITURES' WITHIN CITY'S AMERICAN RECOVERY AND REINVESTMENT ACT FUND (4/STHS VOTE REQUIRED) To support implementation of a variety of environmental programs, staff is requesting two budget amendments; appropriation of $12,660 in unanticipated revenue from the City's participation in SDG&E incentive programs, to the Deparhnent of Conservation & Environmental Services' budget, to provide additional energy and water conservation services; and the transfer of $210,000 from "Supplies & Services" to "Capital Expenditures" within the American Recovery & Reinvestment Act Fund, to provide community energy efficiency incentives under the City's Home Upgrade, Carbon Downgrade program. (Director of Conservation & Environmental Services) (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 -Council Agenda htto://www.chulavistaca.eov December 7, 2010 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING A $150,000 GRANT AGREEMENT WITH THE CALIFORNIA CENTER FOR SUSTAINABLE ENERGY FOR LOCAL IMPLEMENTATION OF THE RETROFIT CALIFORNIA PROGRAM, (2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ALL DOCUMENTS IN CONNNCTION WITH IMPLEMENTING THE AGREEMENT, AND (3) APPROPRIATING $150,000 IN GRANT FUNDS TO THE CITY'S AMERICAN RECOVERY & REINVESTMENT ACT FUNDS (4/STHS VOTE REQUIRED) The Retrofit California program is a statewide consortium led by the County of Los Angeles and sponsored through the Department of Energy's American Recovery & Reinvestment Act funds to investigate innovative financing, marketing, and program delivery approaches to catalyze energy efficiency and renewable energy retrofits throughout California communities. The grant agreement with the California Center for Sustainable Energy, which is administering the program in the San Diego region, would provide the City with $150,000 over an approximately 3-year period to help coordinate and provide staff support for local Retrofit California program implementation. (Director of Conservation & Environmental Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2011 BUDGET TO APPROPRIATE $1,362,997 FROM THE SAN DIEGO GAS & ELECTRIC LOCAL GOVERNMENT PARTNERSHIP TO THE CITY'S ENERGY CONSERVATION FUND TO CONTINUE PROVIDING ENERGY EFFICIENCY PROGRAMS AND SERVICES (4/STHS VOTE REQUIRED) In December 2009, the City of Chula Vista and San Diego Gas & Electric (SDG&E) entered into a 3-year "Local Government Partnership" agreement to provide $4,088,991 ($1,362,997 per calendar year) to support local energy efficiency services. Adoption of the resolution allows the City to continue to offer energy efficiency services in the community and at municipal facilities through calendar year 2011. (Director of Conservation & Environmental Services) (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2011 The Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan year. Adoption of the resolution fulfills the City's obligation for the 2011 plan year. (Human Resources Director) Staff recommendation: Council adopt the resolution. Page 4 -Council Agenda http://www.chulavistaca.eov December 7, 2010 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE SALARY OF THE ELECTED CITY ATTORNEY In November of 2008, the residents of the City of Chula Vista voted to amend the City Charter to make the Chula Vista City Attorney an elected officer of the City. Based on the City Charter Section 503, the City Council must set the compensation for the City Attorney in accordance with the formula established by City Charter Section 503, and Ordinance No. 3147. Pursuant to that formula, the minimum compensation for the City Attorney is $203,688 annually. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "EMERGENCY STORM DRAIN REPAIRS AT HELIX AVENUE, EL CAPITAN DRIVE, AND EAST EMERSON STREET (DR180B-C-E)" AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF PUBLIC WORKS FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH WEST- TECH CONTRACTING INC. (4/5TH VOTE REQUIRED) In accordance with the emergency provisions of Section 1009 of the City Charter, Ciry staff contracted the services of West-Tech Contracting, Ina (General Engineering Contractor License No. 639767) for the repair of three storm drain facilities located at 882 Helix Avenue, 106 El Capitan Drive, and 1188 Neptune Drive. The repair was completed on February 26, 2010. This report represents the total expenditures for the repair. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LETTER OF INTENT BETWEEN THE CITY OF CHULA VISTA, THE CITY OF NATIONAL CITY, AND THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION REGARDING THE PROCESSING OF DOCUMENTS AND AGREEMENTS FOR A PROPOSED CITY BOUNDARY REORGANIZATION The proposed Letter of Intent (LOI) allows for the continued processing of the pending Gateway Development Project in accordance with the terms of the expired Memorandum of Understanding between the City of Chula Vista and the City of Natioral City, for an additional 18 months. The LOI also calls for the cities to resume previously stalled negotiations for reorganization of the jurisdictional boundary between Chula Vista and National City. (Assistant City Manager/Development Services Director) (City Attorney) Staff recommendation: Council adopt the resolution. Page 5 -Council Agenda httu://www.chulavistaca.gov December 7, 2010 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO JOIN THE NATIONAL "LET'S MOVE" CAMPAIGN HEADED BY THE FIRST LADY OF THE UNITED STATES The First Lady's campaign is designed to allow cities to sign up with the United States Department of Health and Human Services to become a Let's Move! City in order to help combat childhood obesity. (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue nod included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MAYOR'S REPORTS 14. COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 15. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Glen Googins, Bart Miesfeld, Scott Tulloch, Kelley Bacon, Maria Kachadoorian, Richard Kreisler and Simon Silva Employee organizations: CVEA, Mid-Managers/Professionals, IAFF, CVPOA and WCE 16. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: • One case Page 6 -Council Agenda htto://www.chulavistaca.eov December 7, 2010 ADJOURNMENT to a Special Meeting of the City Council on December 9, 2010 at 4:00 p.m., in the Executive Conference Room, and thence to a Regular City Council Meeting on December 14, 2010, at 4:00 p.m., in the Council Chambers. Notice is hereby given that the City Engineer has reviewed and will approve on the date of this Ciry Council meeting that certain final map entitled "Otay Ranch Village 2 Neighborhood R-SA" (TM No. 06-OS), located within Otay Ranch Village 2 a copy of which is available for public viewing at the Office of the Chula Vista Ciry Clerk. Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map will be fnalized and recorded unless a valid appeal is filed. Interested parties will have 10 calendar days from the date of this Council hearing to appeal the above ftndings of the City Engineer to the City Council. A valid appeal must be filed with the Ciry Clerk no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting stating briefly which of the above ftndings made by the City Engineer was improper or incorrect and the basis for that conclusion. If you have questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Gregory P. Hopkins at (619) 446-5291. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a Ciry meeting, activity, or service, contact the Ciry Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 7 -Council Agenda htto://www.cbulavistaca.~ov December 7, 2010