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Home My WebLink About2006/12/19 Agenda I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted thii document on the bulletin board accorQ~~~ Brown Act requirements. ::::3 '/ '/1 r dIJ J,' ~ d I~-I J -010 Signed~tL<-{(ii~~ ellY OF CHULA VISfA Cheryl Cox, Mayor Rudy Ramirez, Council member Jim Thomson, Interim City ,Ylanager John McCann, Council member Ann Moore, City Attorney Jerry R, Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Council member December 19, 2006 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF THE 35TI! ANNUAL BOTTERMAN AWARD TO MR. GARY SAUER BY THE CHULA VISTA HUMAN RELATIONS COMMISSION CONSENT CALENDAR (Items 1 through 13) The Council will enact the Consent Calendar stajJ recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City stajJ 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. 1. WRITTEN COMMUNICATIONS Letter of resignation from Matthew Waters, member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN INFORMATION MANAGEMENT, INC. FOR THE LONG-TERM STORAGE OF CITY RECORDS Adoption of the resolution approves a contract for the long-term storage and related records management services related to the City's inactive and permanent records. (City Clerk) Staffrecommendation: Council adopt the resolution. 3. ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN THE INTERSTATE 805 NORTHBOUND RAMPS AND BRANDYWINE AVENUE FROM 35 MPH TO 45 MPH (SECOND READING) Adoption of the ordinance establishes the speed limit based on the results of a speed survey and pursuant to the authority under Municipal Code Section 10.48.020. This ordinance was introduced on December 12, 2006. (City Engineer) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 02-03, MCMILLIN OTAY RANCH VILLAGE SIX, NEIGHBORHOOD R-IO AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves the perpetual maintenance of the landscaping within the right-of-way for McMillin Otay Ranch Village Six, Neighborhood R-IO by the Treviana at Lomas Verdes Homeowner Association. Neighborhood R-lO is a condominium project consisting of212 residential units located west ofSR-125 and east of Magdalena Avenue. (City Engineer) Staffrecommendation: Council adopt the resolution. 5. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL POLICY REGARDING REIMBURSEMENT OF EXPENSES INCURRED BY LEGISLATIVE BODY MEMBERS (FIRST READING) California State legislation, effective January I, 2006, required cities to adopt a written policy regarding expense reimbursements paid to elected and appointed officials. The legislation provisions specifically apply to charter cities. Adoption of the proposed ordinance satisfies the requirements of the legislation. (City Attorney) Staff recommendation: Council place the ordinance on first reading. Page 2 - Council Agenda hUn:/ Iwww.chulavistaca.goy December 19, 2006 6. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2006 State Government Code Section 66000 requires local agencies assessing Development Impact Fees and sewer capacity charges to make available specified financial data to the public each fiscal year. Staff has also included the report on Parkland Acquisition and Development fees for ease of reference and convenience to the public. (Finance Director) Staff recommendation: Council accept the report. 7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.44.120, UTILITY USERS TAX - REFUNDS, OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) Chula Vista Municipal Code Section 3.44.120 provides for the refunding of Utility Users Tax that is overpaid, paid more than once, or collected erroneously. The current code section allows for such refunds but does not provide specific procedures or time frames for processing refund claims. Adoption of the amendment ordinance establishes a one- year claims period for refunds and a procedure for filing of refund claims. (Finance Director) Staff recommendation: Council place the ordinance on first reading. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG ENGINEERS, CONSULTANT; AND MCMILLIN OTAY RANCH, LLC FOR THE PREPARATION OF A PUBLIC FACILITIES FINANCING PLAN FOR THE OTAY RANCH VILLAGE EASTERN URBAN CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves the selection of Burkett and Wong to prepare a Public Facilities Financing Plan (PFFP) for the Eastern Urban Center (EUC). The Otay Ranch General Development Plan requires the preparation of a PFFP for all Sectional Plan (SPA) applications. (Planning and Building Director) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 220 ELDER A VENUE AS A HISTORIC SITE AND PLACING 220 ELDER A VENUE, THE ANN C. RUTLEDGE HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) Adoption of the resolution will designate the property at 220 Elder Avenue, the Ann C. Rutledge House, as Historic Site #70 on the Chula Vista List of Historic Sites. (Planning and Building Director). Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda http://www.chulavistaca.gov December 19, 2006 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 20 PEPPER TREE ROAD AS A HISTORIC SITE AND PLACING 20 PEPPER TREE ROAD, THE DR. LAURL W. MOFFITT HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) Adoption of the resolution will designate the property at 20 Pepper Tree Road, the Dr. Laurl W. Moffitt House, as Historic Site #71 on the Chula Vista List of Historic Sites. (Planning and Building Director). Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 654 DEL MAR AVENUE AS A HISTORIC SITE AND PLACING 654 DEL MAR AVENUE, THE HOLLAWAY SUMNER HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070 (A) Adoption of the resolution will designate the property at 654 Del Mar Avenue, the Hollaway Sumner House, as Historic Site #72 on the Chula Vista List of Historic Sites. (Planning and Building Director). Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 416 THIRD AVENUE AS A HISTORIC SITE AND PLACING 416 THIRD AVENUE, THE EL PRIMERO HOTEL, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) Adoption of the resolution will designate the property at 416 Third Avenue, the EI Primero Hotel, as Historic Site #73 on the Chula Vista List of Historic Sites. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC SITES LOCATED AT 220 ELDER AVENUE, 20 PEPPER TREE ROAD, 654 DEL MAR AVENUE, 416 THIRD AVENUE, 44 NORTH SECOND, AND 611 SECOND AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACTS Staff has prepared contracts for each ofthe owners of historic homes who have requested to participate in the Mills Act Program. Adoption of the resolution will authorize the City to enter into the contracts which will then be forwarded to the County Assessor's office for recordation, making the properties eligible for tax credit in the next assessed tax year. (Planning and Building Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda htto://www.chulavistaca.gQY: December 19, 2006 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 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. ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council and is expected to elicit discussion and deliberation. 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. 14. CONSIDERATION OF THE QUARTERLY FISCAL STATUS REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2006 In accordance with Charter Section 504( f), the Fiscal Status Report covering the first quarter of Fiscal Year 2006/2007 is submitted for approval. (Finance Director) Staff recommendation: Council accept the report. OTHER BUSINESS 15. CITY MANAGER'S REPORTS 16. MAYOR'S REPORTS A. Consideration of City Council regional and committee assigmnents. B. Continued Council consideration of support staff in the Office of Mayor and Council. (Council Budget Subcommittee Members Cox and McCann) 17. COUNCIL 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). Page 5 - Council Agenda http://www.chulavistaca.gov December 19, 2006 18. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54967(b) . City Manager 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One Case 20. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . Two Cases ADJOURNMENT the Regular Meeting on January 9, 2007 at 6:00 p.m. in the Council Chambers. 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 request such accommodation at least forty-eight hours in advance for meetings and jive days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 6 - Council Agenda htt:o://www.chulavistaca.gov December 19, 2006