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HomeMy WebLinkAboutcc min 2006/12/19 MINUTES OF A REGULAR MEETING 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 1 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. I. 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. 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 the 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 PARKWAY 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 OTA Y RANCH VILLAGE SIX, NEIGHBORHOOD R-10 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-10 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 http://www.chulavistaca.gov December 19, 2006 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 OT A Y RANCH, LLC FOR THE PREP ARA TION 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 1 through 8, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 3 - Council Minutes http://www.chulavistaca.gov December 19, 2006 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 identity 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 ofthe 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 HISTORlC SITE AND PLACING 220 ELDER AVENUE, 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 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 HISTORlC SITE AND PLACING 20 PEPPER TREE ROAD, THE DR. LAURL W. MOFFITT HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORlC 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 AVENUE, THE HOLLAWAY SUMNER HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORlC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070 (A) Page 4 - Council Minutes http://www.chulavistaca.gov December 19,2006 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 HISTORlC SITE AND PLACING 416 THIRD AVENUE, THE EL PRIMERO HOTEL, ON THE CITY OF CHULA VISTA LIST OF HISTORlC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) Adoption of the resolution designates 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 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 HISTORlC SITES LOCATED AT 220 ELDER AVENUE, 20 PEPPER TREE ROAD, 654 DEL MAR A VENUE, 416 THIRD AVENUE, 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 staffs 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 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. Mayor 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.chulavistaca.gov December 19, 2006 ACTION ITEMS (Continued) Deputy Mayor Rindone requested clarification regarding 1) 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 coming 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 come 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.ch uJavistaca.gov December 19, 2006 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.chu1avistaca.gov December 19,2006 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. Council member McCann seconded the motion, and it carried 3-2, with Councilmembers Castaneda and Ramirez opposing. Page 9 - Council Minutes http://www.chu1avistaca.gov December 19, 2006 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.chulavistaca.gov December 19,2006