HomeMy WebLinkAbout2010/12/14 Agenda1 declare under penalty of perjury that 1 am
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CITY OF
CHULA VISTA
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Cheryl Cox, Mayor/Chair
Rudy Ramirez, Council/Agency Member ~ James D. Sandoval, City Manager/Executive Director
Patricia Aguilar, Council/Agency Member
Pamela Bensoussan, Council/Agency Member
Steve Castaneda, Council/Agency Member
Glen R. Googins, City Attorney/Agency Counsel
Donna Norris, City Clerk
Notice is hereby given that Chair Cox has called and will convene a Special Meeting of the Redevelopment
Agency on Tuesday, December 14, 2010 at 4:00 p.m. in the Council Chambers, located at 276 Fourth Avenue,
Chula Vista, California
REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETING OF THE
REDEVELOPMENT AGENCY
December 14, 2010 Council Chambers
4:00 p.m.
CALL TO ORDER
City Hall -Building 100
276 Fourth Avenue
ROLL CALL: Council/Agency Members Aguilar, Bensoussan, Castaneda, Ramirez and
Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
PRESENTATION OF A CERTIFICATE OF RECOGNITION TO MR. RUDY ERM OF
SOUTH BAY VOLKSWAGEN FOR HIS DONATION OF A VOLKSWAGEN
ROUTAN TO THE CHULA VISTA PUBLIC LIBRARY AND CHULA VISTA
PUBLIC LIBRARY FOUNDATION
PRESENTATION OF A PROCLAMATION TO MARTIE SOLOMON, CITY OF
CHULA VISTA'S RECYCLING SPECIALIST II, PUBLIC WORKS DEPARTMENT -
ENVIRONMENTAL SERVICES DIVISION, PROCLAIMING THURSDAY,
DECEMBER 16, 2010 AS DAY WITHOUT A BAG
PRESENTATION BY CARLA BLACKMAR, REDEVELOPMENT PROJECT
COORDINATOR, RECOGNIZING PROMOTERS FROM THE CAMBIOS CON FE
PROJECT FOR THEIR SERVICE TO THE CHULA VISTA COMMUNITY
CONSENT CALENDAR
(Items 1-8)
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 City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
immediately following the Consent Calendar.
APPROVAL OF MINiJTES of July 13, 2010.
Staff recommendation: Council approve the minutes.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO TAX
DEFER CALPERS MEMBER PAID CONTRIBUTIONS UNDER IRC 414(H)(2)
EMPLOYER PICK-UP
The Internal Revenue Code Section 414(h)(2), Employer Pick-Up, authorizes employers
to report CaIPERS member-paid contributions on a pre-tax basis. To implement the
414(h)(2) provision, Council must adopt the resolution for all Miscellaneous and all
Safety Police and Fire members. Once adopted, contributions of all employees in the
affected group or class will be reported to Ca1PERS on atax-deferred basis. (Director of
Human Resources)
Staff recommendation: Council adopt the resolution.
REPORT REGARDING ATWO-YEAR WORK PROGRAM FOR THE "E" STREET
TRANSIT ORIENTED DEVELOPMENT SITE
The Urban Land Institute's 2010 report on the E Street Transit Area included
recommendations for moving forward with development of the City-owned site at F and
Woodlawn. On October 14, 2010, the Chula Vista Redevelopment Corporation (CVRC)
approved atwo-year workplan for the site and surrounding area. hi order to effectively
market the site, it is critical that the Redevelopment Agency work together with the
Metropolitan Transit System (MTS), San Diego Association of Government (SANDAG)
and California Department of Transportation (CalTrans). Determining whether the
trolley tracks will be grade separated, whether they will be located above-orbelow-grade,
where the station and bus depot will be located, and where and how much parking is
needed is critical to the site design of the surrounding area. (Assistant City
Manager/Development Services Director)
Staff recotrunendation: Council accept the report.
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4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE
PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT
DISTRICT FOR NAPLES STREET BETWEEN THIRD AVENUE AND ALPINE
AVENUE FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF
STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO
PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW
Residential properties along Naples Street between Third Avenue and Alpine Avenue are
currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating.
The City has received a petition signed by 13 of the 18 property owners of this
neighborhood requesting that a special assessment district proceeding be commenced for
the purpose of financing the construction of these improvements. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT OF $165,780 FOR STATE SAFE ROUTES TO SCHOOL
FUNDING CYCLE 9 FOR PEDESTRIAN TRAFFIC CALMING FACILITIES NEAR
MONTGOMERY ELEMENTARY SCHOOL AT FOURTH AVENUE AND
MONTGOMERY STREET
California legislated a Safe Routes to School (SR2S) program in 1999 with the enactment
of AB 1475. The goals of the program are to reduce injuries and fatalities to
schoolchildren and to encourage increased walking and bicycling among students. On
June 22, 2010 the City Council authorized staff to submit applications for three projects.
The State recently notified staff that the City has been awazded a grant of $165,780 for
improvements near Montgomery Elementary School to enhance pedestrian safety.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT
BETWEEN THE METROPOLITAN TRANSIT SYSTEM, SAN DIEGO AND
ARIZONA EASTERN RAILWAY, SAN DIEGO ASSOCIATION OF
GOVERNMENTS AND THE CITY OF CHULA VISTA FOR CONSTRUCTION AND
MAINTENANCE OF THE BAYSHORE BIKEWAY
The San Diego Association of Governments (SANDAL) has been working with City
staff to build the next segments of the Bayshore Bikeway through the City of Chula Vista
from H Street to Stella Street. Since the bike path alignment utilizes the railroad corridor
south of J Street and west of Bay Boulevard. and SANDAL is the lead for the
construction phase, the City must enter into a construction and maintenance agreement
with SANDAL, the Metropolitan Transit System and San Diego Arizona & Eastern
Railway. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
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REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION
AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS
FOR THE FISCAL YEAR ENDED JiJNE 30, 2010
State Government Code Section 66000 requires local agencies assessing Development
Impact Fees (DIF) and sewer capacity charges to make available specified financial data
to the public each fiscal year. These reports satisfy that requirement and have been
available in the City Clerk's office for public review since December 3, 2010. Staff has
also included the report on Parkland Acquisition and Development (PAD) fees in the
same report for ease of reference and convenience to the public. Local agencies are also
required to make findings every five years for any DIF funds remaining unexpended that
identify the purpose of the fee and demonstrate a reasonable relationship between the fee
and the purpose for which it was charged. This year, the City has not identified
unexpended fees that were on deposit for five or more years. (Assistant City
Manager/Development Services Director) (Director of Finance) (Director of Public
Works)
Staff recommendation: Council accept the report
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH 212 DEGREES CONSULTING GROUP AND ALL
DOCUMENTS IN CONNNCTION WITH IMPLEMENTING THE AGREEMENT
FOR NO-COST INSTALLATION OF SOLAR PHOTOVOLTAIC SYSTEMS AT
MUNICIPAL FACILITIES
As outlined in the Municipal Building Energy Efficiency Policy, the City is working
towards providing 20% or more of its energy demand through on-site renewable energy
generation. The City has been approached by 212 Degrees Consulting Group on
opportunities to host solar photovoltaic systems on municipal sites for research and
development purposes. The systems would be installed at no-cost to the City and the
generated electricity would be used by the City at no-cost. 212 Degrees Consulting
Group would also be responsible for all liability insurance coverage, warranties, and
maintenance for the installed systems. If approved, the City Manager, in coordination
with the Attorney's Office, would negotiate and execute agreements based on the above-
mentioned terms. (Director of Economic Development) (Director of Public Works)
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 not
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.
Page 4 -Council /RDA Agenda http://www.chulavistaca.eov December 14, 2010
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish to speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF APPLICATIONS FILED BY INTEGRAL PARTNERS XXVI,
LLC FOR EASTLAKE PROPERTY OWNERS, LLC TO DEVELOP AN 18.4 ACRE
SITE WITH A 389-UNIT CONDOMINIUM PROJECT
Approval of this item amends the Eastlake III Specific Planning Area (SPA) Plan and
associated planned community district regulations and a design review permit to allow
for the development of a 389-unit condominium project on 18.4 acres located at the
southwest corner of Olympic Parkway and Wueste Road. (Assistant City
Manager/Development Services Director)
Staff recommendation: Council conduct the public hearing, adopt the following
resolutions and place the ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CONSIDERING THE ADDENDUM TO FEIR-OS-02;
APPROVING AMENDMENTS TO THE EASTLAKE III SECTIONAL
PLANNING AREA (SPA) PLAN, PUBLIC FACILITIES FINANCE PLAN
(PFFP) AND ASSOCIATED REGULATORY DOCUMENTS FOR 18.4
ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY
AND WUESTE ROAD
B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR
18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC
PARKWAY AND WUESTE ROAD (FIRST READING)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA GRANTING A DESIGN REVIEW PERMIT FOR A PROPOSED
389 UNIT CONDOMINIUM PROJECT FOR 18.4 ACRES AT THE
SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE
ROAD
10. CONSIDERATION OF ISSUING A CEASE AND DESIST ORDER TO OTAY
VALLEY ROCK, LLC
This matter has been resolved and the public hearing will not beheld.
Page 5 -Council /RDA Agenda http~//www chulavistaca gov December 14, 2010
11. CONSIDERATION OF FORFEITURE OF THE LETTER OF CREDIT ESTABLISHED
FOR MINE RECLAMATION ACTNITIES PURSUANT TO THE REQUIIZEMENTS
OF STATE MINING LAW (SMARA)
This matter has been resolved and the public hearing will not be held.
12. CONSIDERATION OF AMENDING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA, AND ROHR, INC.
The original Development Agreement was approved on November 16, 1999 pursuant to
Ordinance No. 2800. Between the City of Chula Vista, the Chula Vista Redevelopment
Agency and Rohr, Ina (dba BF Goodrich Aerospace Aerostructures Group or
"Goodrich"). The original agreement provided assurances to Goodrich that they could
continue with their operations and development in accordance with existing rules,
regulations and existing policies of the City and Agency. Adoption of the proposed
amendment allows Goodrich to extend the original term of the agreement by ten yeazs, to
and including December 30, 2038. (Assistant City Manager/Development Services
Director)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, AND ROHR, INC., OPERATING AS GOODRICH
AEROSTRUCTURES, RELATED TO PROPERTY BOUNDED BY BAY
BOULEVARD TO THE EAST, THE REALIGNED MARINA PARKWAY TO
THE WEST, FSTREET /LAGOON DRIVE TO THE NORTH, AND THE
PROPOSED EXTENSION OF H STREET TO THE SOUTH (FIRST
READING)
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by the
Council/Agency and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Reguest to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
13. CONSIDERATION OF AMENDING VARIOUS SECTIONS OF THE CHULA VISTA
MUNICII'AL CODE RELATING TO DEVELOPMENT IMPACT FEES
The Redevelopment Agency proposes suspension of development impact fees in the
City's redevelopment project azeas (except the Bayfront project area) for a period of five
years. During that time, tax increment funds will be used to contribute to or build needed
infrastructure in or adjacent to the City's Redevelopment Project Areas. (Assistant City
Manager/Development Services Director)
Page 6 -Council /RDA Agenda httn://www.chulavistaca.eov December 14, 2010
Staff recommendation: CounciUAgency adopt the resolution and place the following
ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE
MEMORANDUM OF UNDERSTANDING REGARDING PAYMENT FOR
INFRASTRUCTURE OR CONSTRUCTION THEREOF
B. ORDINANCE OF THE CITY OF CHULA VISTA SUSPENDING THE
COLLECTION OF FEES CHARGED PURSUANT TO CHAPTERS 3.50
(DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC
FACILITIES), 3.55 (WESTERN TRANSPORTATION DEVELOPMENT
IMPACT FEE), AND 17.10 (PARKLANDS AND PUBLIC FACILITIES) OF
THE CHULA VISTA MUNICIPAL CODE FOR DEVELOPMENT IN THE
REDEVELOPMENT PROJECT AREAS, EXCLUDING THE BAYFRONT
PROJECT AREA, FOR A PERIOD OF FIVE (5) YEARS (FIRST READING)
14. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE
SECTION 2.52, CAMPAIGN CONTRIBUTIONS
At the November 23, 2010 City Council meeting, the City Attorney presented the
Council with proposed amendments to the City's Campaign Contributions ordinance. The
proposed amendments were brought forward in response to previous City Council actions
directing the City Attorney's office to: (i) identify and delete the provisions that were
duplicative of the Political Reform Act (PRA); (ii) make updates necessitated by recent
case law; and (iii) revise the enforcement section in response to Council comments.
During the meeting, the Council made numerous revisions to the proposed ordinance. As
a result, staff has brought the item back to Council, on first reading, for further
consideration. The City Attorney's office has prepazed two alternative ordinances for the
Council's consideration. The first, Ordinance A, contains many of the amendments
previously presented to, and requested by, the Council, with some additional
modifications recommended by the City Attorney. The second, Ordinance B, contains
additional amendments that the Council has requested but which the City Attorney is
recommending not be adopted at this time, without further legal review. (City Attorney)
Staff recommendation: Council adopt the following Ordinance A and place it on
first reading. If Council deems it appropriate, Council may also request additional
research, analysis and recommendations on those issues not addressed in Ordinance A:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 2.52, THE CITY'S CAMPAIGN
CONTRIBUTION ORDINANCE (FIItST READING)
OTHER BUSINESS
15. CITY MANAGER'S REPORTS
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16. MAYOR'S REPORTS
A. Ratification of appointment of Luz Camacho to the Cultural Arts Commission.
B. Consideration of City Council Regional and Committee assignments.
17. COUNCILMEMBERS' COMMENTS
ADJOURNMENT to the next Regular City Council Meeting on January 11, 2011, at 4:00
p.m., in the Council Chambers.
Final maps being considered for approval by the City Engineer:
Chula Vista Tract No. 03-O1, EI Dorado Ridge, 104 condominium units located on 11.46
acres on the east side of Brandywine Ave. north of Main Street
If you have any questions about the map approval findings or need additional
information about the map or your appeal rights, please feel free to contact Tom Adler at
(619) 409-5483.
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 City meeting, activity, or service, contact the City Clerk's Office
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 8 -Council /RDA Agenda htto://www.chulavistaca.eov December 14, 2010