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HomeMy WebLinkAbout2007/01/16 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CHULA VISTA REDEVELOPMENT CORPORATION (CVRC) A.ND REDEVELOPMENT AGENCY, AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 14, 2006 6:00 P.M. A Regular Meeting of the Chula Vista Redevelopment Corporation, Redevelopment Agency and an Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. CVRC ROLL CALL PRESENT: Directors: Castaneda (arrived at 6:03 p.m.), Desrochers, Le'Nis, McCann, Paul, Ramirez, Rindone (arrived at 6:44 p.m.), Rooney, and Chair Cox REDEVELOPMENT AGENCY ROLL CALL PRESENT: Agency Members: Castaneda (arrived at 6:03 p.m.), McCann, Ramirez, Rindone (arrived at 6:44 p.m.), and Chair Cox CITY COUNCIL ROLL CALL PRESENT: Councilmembers: Castaneda (arrived at 6:03 p.m.), McCann, Ramirez, Rindone (arrived at 6:44 p.m.), and Mayor Cox ALSO PRESENT: Interim Executive Director/City Manager Thomson, General Counsel/City Attorney Moore, Assistant Chief Financial Officer/Finance Director Davis, Secretary Smith, Acting Community Development Director Hix, Planning Manager Ladiana, Principal Community Development Specialist Lee, Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE 1. APPROVAL OF MINUTES - November 16, 2006 Staff Recommendation: That the CVRC and Redevelopment Agency approve the minutes of November 16, 2006. Chair Cox stated that due to the temporary absence of Vice Chair Rindone, and the need for her and Agency member Ramirez' abstentions, the approval of the November 16, 2006 Redevelopment Agency minutes would be tabled until the arrival of Vice Chair Rindone. //)./ T APPROVAL OF MINUTES (continued) DRAFT ACTION: Director McCann moved approval of the CVRC minutes of November 16,2006. Director Lewis seconded the motion and it carried 5-0, with Directors, Paul, Ramirez and Chair Cox abstaining, and Vice Chair Rindone absent. 2. WRITTEN COMMUNICATIONS Memorandum from Director Doug Paul requesting an excused absence from the CVRC/Redevelopment Agency/City Council meeting of November 16,2006. Staff Recommendation: That the CVRC/Redevelopment Agency/City Council excuse the absence. ACTION: Director/Agency member/Councilmember Castaneda moved to excuse the absence. Director/Agency member/Councilmember McCann seconded the motion and it carried 7-0, with Director Paul abstaining and Vice Chair/Deputy Mayor Rindone absent. RECESS At 6:06 p.m. Mayor/Chair Cox recessed the City Council and Redevelopment Agency. DEVELOPMENT PROJECT UPDATES Staff will present updates to the CVRC on any new development applications or proposals that have been received, are located within the City's Redevelopment Project Areas, and have been through the fIrst RAC review. These items are for information only and do not require any formal action by the Board of Directors. Acting Community Development Director Hix introduced the staff report stating that a project update section had been added to this and all future agendas. She then introduced Planning Manager Ladiana who provided an update of the projects currently in the review process, and explained the application process for the projects. 3. PROJECTS/APPLICATIONS/PROPOSALS a. Vasquez Multi-Tenant Building, 144 - 27th Street b. Public, 354 Church Street c. Exterior Remodel, 357-369 Third Avenue d. Savon Storage, 3712 Main Street e. Douglas Wilson ENA Project, Davidson and Church West f. Social Security, 626 L Street (Social Security building) Page 2 - CVRCIRDAlCC Minutes http://www.chulavistaca.gov /11 ~ J- December 14, 2006 DRAFT PROJECTS! APPLICA TIONSIPROPOSALS (continued) Chair Cox confirmed that the projects would go to the RAC for public review and interaction and once they come back with their redesigns ""ill be forwarded on to the CYRC. She then inquired as to when the issue of removing parking for buildings would come back to the CYRC. Principal Community Development Specialist Lee responded that the parking study was an approximately four-month process and should be completed in late-March, early-April of 2007. Additionally, he stated that the purpose of the study was to look at both long-term management strategies as well as short-term management strategies such as the immediate parking needs if some of the lots were to be redeveloped. Director Desrochers expressed concerns with the sequence of how things were being processed and what the developers were being told. Principal Community Development Specialist Lee explained that all of the Exclusive Negotiating Agreement (ENA) developers were aware that the progress of their projects was dependant upon the passage of the Urban Core Specific Plan, were making a conscientious effort to make their own decisions about what they were ""illing to invest at this time, and were aware of the parking management studies. Mr. Lee also stated that each of the developers who have ENAs for parking lots understand the timing of the management study and how that will fit into overall negotiations. Additionally, he stated that the ENA's originally entered into were amended to be predicated upon the adoption of the Urban Core Specific Plan to allow for flexibility, and most are set to expire around March of2007. RECONVENE At 6:21 p.m., Mayor!Chair Cox reconvened the City Council and Redevelopment Agency with the Chula Yista Redevelopment Corporation. All members were present except for Yice ChairlDeputy Mayor Rindone. PUBLIC HEARINGS 4. CONSIDERATION OF THE 2006 AMENDMENT TO THE REDEYELOPMENT PLAN FOR THE TOWN CENTRE I PROJECT AREA Director! Agency member Castaneda recused himself from participation on this item stating he had interest in a piece of property within the project area. 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. Mayor Cox opened the public hearing. Principal Community Development Specialist Lee stated that staff is recommending a continuance of the public hearing because it involves items that are companion actions to the proposed Urban Core Specific Plan which are contingent upon the Urban Core's Environmental Impact Report, and need to move forward concurrent with or after the Urban Core Specific Plan. Page 3 - CYRC!RDA Minutes http://www.chulavistaca.gov December 14, 2006 / /h .j T. DRAFT PUBLIC HEARINGS (continued) There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Director/Agency member McCann moved to continue the public hearing to a future date to be determined and directed staff to.re-notice the hearing. Director Desrochers seconded the motion and it carried 7-0 with Director/Agency member Castaneda abstaining and DirectorNice Chair Rindone absent. 5. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORlZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 2 AT ORANGE TREE MOBILEHOME PARK 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. Mayor Cox opened the public hearing. Acting Community Development Director Hix recommended the item be continued to January 11, 2007, as minor changes to the contract are required. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Agency member McCann moved to continue the public hearing to January 11, 2007. Agency member Ramirez seconded the motion and it carried 4-0, with Vice Chair Rindone absent. PUBLIC COMMENTS There were none. ACTION ITEMS 6. YEAR-END LEGISLATIVE REPORT ON 2006 REDEVELOPMENT BILLS Staff will provide a year-end report on 2006 legislation affecting the Redevelopment Agency. This report is for informational purposes only and does not require formal action. Acting Community Development Director Hix introduced Principal Community Development Specialist Lee, who provided the report. Mr. Lee's report included a background of the United States Supreme Court case of Kelo v. City of New London, which resulted in the California statewide ballot measure pertaining to eminent domain known as Proposition 90. Although Proposition 90 failed in the November election, the Legislature passed eight separate bills that directly impacted the powers and procedural requirements of California's 386+ redevelopment agencies. Seven of the bills were signed and will become effective on January I, 2007. Page 4 - CVRC/RDNCC Minutes http://www .chulavistaca.gov /11-1 December 14,2006 DRAFT ACTION ITEMS (continued) Mr. Lee highlighted Senate Bill 1206 (Kehoe) which drew the greatest amount of attention in Sacramento of the seven bills and carried the broadest number of sweeping changes to state redevelopment law, including multiple provisions tightening the defInition of "blight." Redevelopment agencies must make [mdings of "blight" to include territory in a redevelopment project area where their redevelopment powers may be ef(ercised. The expansion of redevelopment project areas is already arduous, timely, and costly today. SB 1206 would make it all the more arduous, timely, and costly, which has important ramifIcations for Chula Vista since the Agency's 2005-2009 Five Year Implementation Plan prioritizes the expansion of the City's project areas as a key redevelopment and housing objective during the next few years. Mr. Lee also emphasized the uncertainties of new laws in their implementation and that, as with any state law, would take time and new case law to determine how certain provisions and defInitions should be applied and carried out in the future. Director Desrochers inquired as to how the local Chula Vista ordinance regarding eminent domain dovetails into the legislation that is taking effect. General Counsel Moore responded that the new Charter amendment created by Proposition C prohibits for the most part, condemnation for economic development purposes period. This is stricter than the State Constitution, and thus, any of the new legislation. General Counsel Moore stated that the legality of Proposition C's ability to supersede the State Constitution has not been analyzed and is not proposed to be analyzed since there has been no challenge to Proposition C. Staff Recommendation: That the CVRC/Redevelopment Agency receive and fIle the Legislative report. ACTION: Chair Cox noted no objection to staffs recommendation to receive and fIle the report. Vice Chair Rindone was absent. 7. CHIEF EXECUTIVE OFFICER'S REPORTS Interim Chief Executive OffIcer Thomson requested Acting Community Development Director Hix and her staff present the reports. Mr. Thomson requested Acting Community Development Director Hix report on both items 7.a. and 7.b. a. Report on Pipeline Process Acting Community Development Director Hix responded that this was a follow-up to a request from the last meeting for information. Ms. Hix stated that pipeline typically refers to how to regulate projects that are already in the process when the land use regulations are adopted. Both Community Development staff and the City Attorney's OffIce had provided memorandums, which drew the same conclusion, that there is already an existing section of the Chula Vista Municipal Code, Section 19.07.030 which related to specifIc plans and adequately addressed the pipeline issue for the Urban Core SpecifIc Plan or others, although each would be taken on its own merits. The City Attorney's memorandum also addresses the A VCO rule, which essentially Page 5 - CVRC/RDA Minutes http://www.chulavistaca.gov /1;-5' December 14,2006 T DRAFT CHIEF EXECUTIVE OFFICER'S REPORTS (continued) requires projects to have all required permits and be substantially under construction to be considered in the pipeline. Further, Ms. Hix noted that Attachment 2 to the memorandum was a draft policy, which was shared with Mr. O'Neill, who felt it adequately addressed his concerns, and several other developers who seemed pleased, and would be brought back as part of the plan. Director Ramirez expressed concerns that the latitude given would increase the risk for the developer and give them false hope in entering into a project. b. EP A Brownfields Grant Principal Community Development Specialist Lee provided the report noting that this was a positive informational item that could present tremendous opportunities in the Southwest Redevelopment Project Area by looking at how contaminated properties, considered Brownfield sites, could be redeveloped. Mr. Lee explained that staff had submitted an application to the Environmental Protection Agency (EP A) for a $200,000 grant for a community-wide assessment of Brownfield sites in the Main Street industrial corridor. If approved, the grant would provide the City and Redevelopment Agency an opportunity to assess and eventually work with individual property owners and developers to identifY and clean-up their sites. There are currently over 300 facilities that use or generate hazardous substances or petroleum products in the Main Street area, 39 of which have leaking underground storage tanks, and there have been several emergency responses for hazardous substance spills. There are existing, incompatible land uses where residential properties are located adjacent to industrial areas with brownfield contamination. The inventory and eventual clean-up program would seek to address these issues. The Main Street industrial corridor also is located in the middle of a regional watershed, which dumps water into the bay and thus poses environmental risks to sensitive habitat areas and the regional watershed as well. The inventory would be the first step in assessing the risk and challenges ahead, would provide an educational tool for the community about the risks, and a notification to property owners who may have contamination on their sites. They then could approach the City and Agency to partner to address the issues and assess at a more detailed level what the contamination levels are and move forward toward clean up. The EP A grant process involves the announcement of the grant, application submittal, selection and award (May 2007), submission of a detailed work plan, entering into a cooperative agreement between the City and the Federal govemment, and then beginning the inventory. Director Castaneda inquired as to how staff would work with property owners to obtain permission to enter properties to do the inventory. Mr. Lee responded that there would be a historical research of the sites to create the inventory first. The next step would be site specific clean up opportunities that would allow property owners to approach the City for redevelopment of their properties. The intent is not for staff to go after the property owners. Director Paul inquired as to whether City staff would be used to do the inventory. Mr. Lee responded that most of the funds would be used to obtain outside consultants and an RFP would be brought back to the CVRC should the grant be received. The Agency will provide in-kind staffing to support the program. Mr. Lee also clarified that the inventory will not require property access. Page 6 - CVRCIRDA/CC Minutes http://www.chulavistaca.gov /1}- 6 December 14, 2006 DRAFT 8. CH..A.IR'S REPORT There was none. 9. DIRECTOR'S REPORT Director Rindone arrived at 6:44 p.m. and announced his delay was due to his attendance at the Chula Vista Chamber's sharing of the International Partnership between Hilltop High School, the City of Chula Vista, the Sweetwater School District and now, for the fIrst time, the Chula Vista Chamber of Commerce. They had a real-time, live, international teleconference with Mainland China and our Sister School in China. He then requested his colleagues calendar February 6th for a City Banquet to honor the Chinese Delegates. Chair Cox stated she was prepared to offer approval of the trailed November 16, 2006 Redevelopment Agency Minutes, however now Vice Chair Rindone was present but Agency member McCann had left the dais. Chair Cox requested the minutes be deferred to the next meeting. ADJOURNMENT At 6:53 p.m., Mayor Cox adjourned the City Council to its regularly scheduled meeting on December 19, 2006, at 6:00 p.m., and the Chula Vista Redevelopment Corporation and Redevelopment Agency to their regularly scheduled meetings on January 11,2007, at 6:00 p.m. c\ I./A~ V~-1 1/'/_ % Dana M. Smith, Secretary Page 7 - CVRC/RDA Minutes http://www.chulavistaca. gov ~ --oF) /1;11 December 14, 2006 T DRAFT MlNUTES OF A REGULAR MEETlNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 19, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:07 p.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF THE 35TH ANNUAL BOTTERMAN AWARD TO MR. GARY SAUER BY THE CHULA VISTA HUMAN RELATIONS COMMISSION Human Relations Chair Michael Palomo presented Gary Sauer with the Botterman Award for his years of dedicated voluntary service to non-profit organizations. CONSENT CALENDAR (Items I through 13) Councilmember Castaneda requested to pull Consent Calendar Items 9 through 13 for discussion and clarification. Deputy Mayor Rindone stated that he had a question regarding Consent Calendar Item 2 and would like to pull Items 9 through 13 for discussion. With regard to Item 2, Deputy Mayor Rindone mentioned a cost variance that was not addressed in the analysis and questioned the reason for the change between the only two prospective vendors. City Clerk Bigelow responded that the contract was not a fixed-rate contract but was based on a per-cubic-foot charge for storing records, as well as retrieval and transportation costs to review stored records. Staffs recommendation to contract with Iron Mountain was due to serious security and service level concerns with the existing provider. 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. /13-/ T. DRAFT CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2006-375, 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 toe long-term storage and related records management services related to the City's inactive and permanent records. (City Clerk) Staff recommendation: Council adopt the resolution. 3. ORDINANCE NO. 3055, ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON OLYMPIC P ARKW A Y BETWEEN THE INTERSTATE 805 NORTHBOUND RAMPS AND BRANDYWINE AVENUE FROM 35 MPH TO 45 MPH 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 NO. 2006-376, 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-10 by the Treviana at Lomas Verdes Homeowner Association. Neighborhood R-IO is a condominium project consisting of 212 residential units located west of SR-125 and east of Magdalena Avenue. (City Engineer) Staff recommendation: 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 1, 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 Minutes bttp://www.cbulavistaca.gov December 19, 2006 /6-;2_ DRAFT CONSENT CALENDAR (Continued) 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 NO. 2006-377, 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) Staff recommendation: Council adopt the resolution. 9-13 Item 9 through 13 were pulled for discussion. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered Consent Items I through 8, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 3 - Council Minutes http://www .chulavistaca. gOY December 19, 2006 /6-3 T DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR With regard to Items 9 through 13, Councilmember Castaneda questioned the status of a Council-approved strategy to implement a historic preservation policy and program. Planning and Building Director Sandoval replied that significant components of the program have been identified. Councilmember Castaneda suggested a meeting with staff to identify funding for the program prior to bringing it before Council. Deputy Mayor Rindone suggested that future staff reports reflect the year the historical homes were built and information about necessary modifications by historical homeowners so as not to lose enticement to be reflective of being a historical site. He also asked about the percentage of tax breaks for historical homeowners. Associate Planner T essitore- Lopez responded with information on when the homes were built and stated that none of the proposed homes have come forward for designation in the past. Deputy Mayor Rindone asked about consequences, if any, for homeowners who may not comply with necessary refurbishing requirements in order to establish a historically designated home. Associate Planner Tessitore-Lopez replied that the Mills Act program was the only way homeowners could participate in property tax reductions. Should the homeowners not comply with the requirements of the contract, they would possibly be subject to a breach of contract, with a penalty of 12.5 percent of the assessed value of their homes. 9. RESOLUTION NO. 2006-378, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 220 ELDER AVENUE AS A HISTORIC SITE AND PLACING 220 ELDER AVENUE, THE ANN C. RUTLEDGE HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIP AL CODE SECTION 2.32.070(A) Adoption of the resolution designates 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. 10. RESOLUTION NO. 2006-379, 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 designates 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 NO. 2006-380, 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 A VENUE, THE HOLLA WAY SUMNER HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070 (A) Page 4 - Council Minutes http://www . chulavistaca.gov December 19, 2006 /6 - '-I DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Adoption of the resolution designates 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 NO. 2006-381, 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 designates the property at 416 Third A venue, the El 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 NO. 2006-382, 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 A VENUE, 44 NORTH SECOND, AND 611 SECOND AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACTS Staff has prepared contracts for each of the owners of historic homes who have requested to participate in the Mills Act Program. Adoption of the resolution authorizes the City to enter into the contracts that 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. ACTION: Deputy Mayor Rindone moved to approve staff's recommendations and offered Consent Items 9 through 13, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0. PUBLIC COMMENTS Georgie Stillman stated that the current site plan for the proposed Home Depot at Moss and Third will create negative impacts to its residential and healthcare neighbors, including unacceptable noise, late night and early morning lighting, air pollution and truck traffic. She believed that the negative mitigated damage study was inadequate and based upon erroneous assumptions and inaccuracies in factual data. She expressed the need for a full Environmental Impact Review of the proposed project and suggested that the site plan be flipped, which she believed would mitigate the issues. She asked the City to work with the developer to achieve a solution. Mayor Cox responded that the matter would be referred to staff. Page 5 - Council Minutes http://www.chulavistaca.gov December 19,2006 /4:--5 DRAFT PUBLIC COMMENTS (Continued) Steven Pavka spoke about the towing of vehicles in his neighborhood and cited towing fees from documents he obtained in local and state codes with respect to towing, as well as the City's towing contracts. He stated that the tow license fee for a towing company is $120,875 per year, with four companies that are contracted by the City. He expressed concern that a tow fee of $270 would be a disaster to any retiree on a fixed income. May.or Cox referred the matter to staff for a report back to the Council. Mary Bixby, a resident of Alpine Minot Circle, stated that the neighborhood residents recently received a letter from .Ramona Paving and Construction Corporation, notifYing them to remove their vehicles from the street in order for sand seal coating work to be performed. She stated that when she returned home, the work had not been done, which she was told was as a result of poor weather conditions. She stated that the work to be performed was the result of discussions and an agreement between the community and City staff over a year ago for type II slurry work, not sand seal coating. She stated that she was disheartened with City staff for cutting corners and believed that funding for such projects was re-disbursed and manipulated by staff at will, with little accountability. She believed there was a major gap between what Council intended and directed staff to do and what the staff chose to do and when. The result was a wasteful series of projects and did not assure cost-effective, long-term solutions. Mayor Cox stated that the matter would be referred to staff with direction to come back to the Council with a report at the beginning of the new-year. Councilmember McCann added that he would do everything possible to have the necessary work performed. Jackie Lancaster, coordinator for the "Save our Bayfront Coalition," stated that the public has until January 11,2007 to submit comments to the Port District prior to its approval of the draft Environmental Impact Report (EIR). She stated that the coalition was not opposed to development of the bayfront, but it had to be done without ruining the quality of life for west side residents. She spoke about potential traffic impacts and congestion and addressed building heights and their impacts on bird life. She expressed concern about a number of immitigable impacts in the draft EIR that she believed would be dismissed due to overriding circumstances, and she recommended that the heights of the tallest buildings and overall density be cut by 30 to 40 percent. ACTION ITEMS 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) Finance Director Kachadoorian presented the major revenues of the general fund that include sales taxes, property taxes; growth in assessed value; franchise fees; and development activity. Budget Director Vaneenoo explained the development activity for residential building permits. Finance Director Kachadoorian then discussed the City's budget issues and proposed solutions. Page 6 - Council Minutes http://www .chula vistaca.gov December 19, 2006 /6-& / DRAFT ACTION ITEMS (Continued) Deputy Mayor Rindone requested clarification regarding I) proposed housing adjustments from 1,800 to 1,200, when the actual number of building permits issued through this week is less than 400; 2) why staffing adjustments were not addressed in the Planning and Building Department to the same degree and timeframe as those of other. departments; 3) Fire Department overtime usage; and 4) why the Human Resources Department has the most significant variance in its expenditures. With regard to development projections, Budget Director Vaneenoo responded that staff has had discussions with major developers in the City to try to foresee what permits would be forthcoming, and also brought in a regional real estate expert. He believed that the projected 1,200 permits were achievable and realistic. With reference to adjustments by the Planning and Building Department, he stated that the department has scaled back building permit revenues, is holding a number of personnel positions vacant, and has achieved significant savings in its services and supplies budget. Regarding Fire Department overtime, budget staff is working with the department on an analysis and would be corning back to Council with a fully detailed report on what was driving these changes. With reference to the Human Resources Department budget, Finance Director Kachadoorian explained that insurance premiums are due during the first quarter of the year and evens out over the rest of the year. Deputy Mayor Rindone requested that staff corne back to Council with a detailed report on Fire Department overtime. Councilmember McCann questioned the review process to fill vacant staff positions that have been frozen. Interim City Manager Thomson replied that vacant positions are being reviewed on a case-by-case basis, with the exception of those for safety personnel. Councilmember McCann asked about the Council budget subcommittee's proposed plan to develop a contingency plan. Interim City Manager Thomson said he believed that in the interest of keeping a balanced budget, it was appropriate to move expeditiously, but that staff would be glad to review the process with the Council budget subcommittee. Councilmember McCann requested that staff work with the Council subcommittee to develop an understanding of definitions and triggers and also work on and implement some financial controls with regard to the budget. Mayor Cox recommended that the matter of staff salary scales be added to the Council budget subcommittee's list for discussion. Councilmember Ramirez questioned the City's ability in future years to adjust expenditure shortfalls. Budget Director Vaneenoo replied that if there were long-term shortfalls in revenues, the Council would need to make potentially difficult decisions as part of the budget process. Councilmember Ramirez asked to what extent the Fire Department overtime budget would affect the budget. Mr. Vaneenoo responded that the City is hemmed in by the fact that the Memorandum of Understanding process requires a constant minimum staffing approach. Councilmember Castaneda stated that in the future, the Council would need to look at every department and every position, but the first priority must be to look at preserving and enhancing the services that directly affect the City's neighborhoods. Mayor Cox commented that the long-term plan to right-size the City will need to be addressed. ACTION: Councilmember McCann then moved to accept the report. Councilmember Castaneda seconded the motion and it carried 5-0. Page 7 - Council Minutes http://www .chulavistaca. gOY December 19, 2006 /13- 7 T' DRAFT OTHER BUSINESS 15. CITY MANAGER'S REPORTS There were none. 16. MAYOR'S REPORTS A. Consideration of City Council regional and committee assignments. Council assignments were made as follows: Councilmember Ramirez: University Blue Ribbon Committee (Alternate), International Council for Local Environmental Initiatives (2nd Alternate), South County Economic Development Council (Alternate), San Diego Association of Governments Bayshore Bikeway Committee, Public Safety Committee. Deputy Mayor Rindone: Interagency Water Task Force. Councilmember McCann: Chula Vista City Schools Task Force. Councilmember Rindone requested that staff forward an updated list of assignments to Council. Mayor Cox stated that she had asked Deputy Mayor Rindone to sit with her as a subcommittee on the title structure of the Chula Vista Redevelopment Corporation, and that recommendations would be brought back to the Council in a couple of weeks. She also stated that she had asked Councilmember McCann to maintain his lead role in serving on the subcommittee in discussions with the Chargers; and Councilmember Castaneda would be working with her on the independent financial review subcommittee. Councilmember Ramirez recommended establishing a lobbying ordinance review subcommittee, comprised of himself and Councilmember McCann. Deputy Mayor Rindone asked that consideration of establishing a Healthcare Commission be placed on the agenda under his Council Comments for the January 9th meeting. Councilmember McCann concurred with the suggestion by Mayor Cox to name the Chargers subcommittee, "Chargers Relocation." ACTION: Councilmember McCann moved that the members of the Chargers Relocation comprise of the City Attorney, Planning Director, Mayor Cox, and Councilmember McCann. The motion carried 5-0. ACTION: Mayor Cox moved to approve the Mayor's recommendations for the remammg Council assignments and subcommittees. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 8 - Council Minutes http://www . chula vistaca.gov December 19, 2006 /~-p DRAFT OTHER BUSINESS (Continued) B. Continued Council consideration of support staff in the Office of Mayor and Council. (Council Budget Subcommittee Members Cox and McCann) Mayor Cox stated that the Council budget subcommittee has drafted a proposal to fill the position of Coastal Environmental Policy Consultant as a half-,time position; return the $41,000 in savings directly to the general fund to pay for an independent audit of the City's budget; and eliminate the staffing of the Intergovernmental Affairs Coordinator from the Mayor and Council budget and shift those duties to the City Manager's Office, resulting in savings of $63,600 for the balance of the fiscal year and $124,700 on an ongoing basis, Additionally, the Council might wish to consider using the savings to increase each Councilmember's staffing. Mayor Cox then proposed that staff bring back a resolution on January 9, 2007, splitting the $63,000 in savings by returning half to the general fund and dividing the remaining half equally among the four Councilmembers. Any additional funding for Council staff could then be addressed as part of the comprehensive budget review at the May/June budget hearings. Discussion ensued among Councilmembers, with Deputy Mayor Rindone expressing his opposition to any increase in the Council budget. Councilmembers Ramirez and Castaneda pressed to transfer all of the savings to the individual Council offices. ACTION: Mayor Cox moved to transfer the function of the Intergovernmental Affairs Coordinator pOSitIOn to the City Manager's Office; eliminate the Intergovernmental Affairs Coordinator position from the Mayor and City Council budget; return half of the cost savings for the position to the general fund, with the remaining half split between the four Councilmembers for staffing during this fiscal year; and to further discuss Council staffing needs during budget deliberations in Mayor June. Councilmember Rindone asked that the motion be bifurcated to vote on the elimination of the position and then the funding for the position. ACTION: ACTION: ACTION: Mayor Cox moved to eliminate the position of the Intergovernmental Affairs Coordinator from the Mayor and Council budget and the shift of the duties to existing staff in the City Manager's Office. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Mayor Cox moved to take 50 percent of the savings from transferring the Intergovernmental Affairs Coordinator position and return it to the general fund for the balance of fiscal year 2007, and take the remaining 50 percent and divide it equally among four Councilmembers. Councilmember Castaneda seconded the motion. The motion failed, with Deputy Mayor Rindone and Councilmembers McCann and Ramirez opposing. Deputy Mayor Rindone moved to transfer all $63,600 in savings to the general fund and entertain further budget proposals during the May/June budget process. Councilmember McCann seconded the motion, and it carried 3-2, with Councilmembers Castaneda and Ramirez opposing. http://www .chula vistaca.gov ts? -'~ /,/""'1 .' / . December 19, 2006 Page 9 - Council Minutes T' DRAFT OTHER BUSINESS (Continued) Mayor Cox suggested that the community remember those on duty in hospitals and in the military, as well as our own police and fire personnel, who will give up their Christmas and New Year celebrations for the sake of others. She offered thanks to them from the community. She also thanked her colleagues and City staff who do their best to offer high standards of service each day. She urged the community to help preserve and develop Chula Vista in order for it to continue to be a pleasant and vibrant place in which to live.' On behalf of the Council, she extended season's greetings to all and wishes for peace, happiness and prosperity during 2007. 17. COUNCIL COMMENTS Deputy Mayor Rindone wished all citizens the happiest of holidays and encouraged them to take the opportunity to spend time with family and friends. Councilmember McCann wished the community a Merry Christmas and Happy Hanukah and encouraged all to spend time with family and friends and take a moment to assist those less fortunate citizens. CLOSED SESSION 18. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54967(b) · City Manager No reportable action was taken on this item. 19. CONFERENCE. WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One Case This item was not discussed and no action was taken. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . Two Cases This item was not discussed and no action was taken. ADJOURNMENT At 11:30 p.m., Mayor Cox adjourned the meeting to the Regular Meeting on January 9, 2007 at 6:00 p.m. in the Council Chambers. ----- Lorraine Bennett, CMC, Deputy City Clerk Page 10 - Council Minutes http://www .chula vistaca. gOY December 19,2006 /0-/0 T