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HomeMy WebLinkAbout2007/03/27 Item 1 MINUTES OF A REGULAR MEETINGS OF THE CHULA VISTA REDEVELOPMENT CORPORA nON (CVRC) AND REDEVELOPMENT AGENCY, k"ID ADJOURNED REGULAR MEETING. OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 25, 2007 6:00 P.M. Regular Meetings of the Chula Vista Redevelopment Corporation and Redevelopment Agency, and an Adjourned Regular Meeting of the City Council, of the City of Chula Vista were called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California CYRC ROLL CALL PRESENT: Directors: Desrochers, Lewis, McCann, Paul, Ramirez, Rindone, and Chair Cox ABSENT: Directors: Castaneda (excused), and Rooney (excused) REDEVELOPMENT AGENCY ROLL CALL PRESENT: Agency Members: McCann, Ramirez, Rindone, and Chair Cox ABSENT: Agency Members: Castaneda (excused) CITY COUNCIL ROLL CALL PRESENT: Councilmembers: McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: Castaneda (excused) ALSO PRESENT: Interim Executive Director/City Manager Thomson, General Counsel/ City Attorney Moore, Assistant General Counsel/Assistant City Attorney Hull, Secretary Smith, Redevelopment Project Manager Crockett, Planning Manager Ladiana, Senior Community Development Specialist Tapia, Senior Deputy City Clerk Peoples, Community Development Administrative Assistant Donnelly PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE 1. APPROVAL OF MINUTES Staff Recommendation: a That the Redevelopment Agency approve the minutes of November 16, 2006. //1-1 APPROVAL OF MINUTES (continued) ACTION: ACTION: Mayor Cox stated that due to the absence of Agency Member Castaneda, and the fact that she and Agency Member Ramirez were not members of the Agency at the time of the November 16,2006 meeting, this item would once again need to be continued. b. That the CVRe and Redevelopment Agency approve the minutes of January 11, 2007. Director/Agency Member McCann moved to approve the minutes of January II, 2007. Director Lewis seconded the motion and it carried 5-0 with Director/Agency Member Ramirez and Vice Chair Rindone abstaining, and Director/Agency Member Castaneda and Director Rooney absent. 2. WRITTEN COMMUNICATIONS ACTION: b. ACTION: a. Memorandum from Christopher Rooney requesting an excused absence from the CVRC meeting of January 11, 2007. Staff recommendation: That the CVRC excuse the absence. Director McCann moved approval of the requested excused absence. Director Ramirez seconded the motion and it carried 6-0 with Director Paul abstaining, and Directors Castaneda and Rooney absent. Memorandum from Steve Castaneda requesting an excused absence from the CVRClRedevelopment Agency/City Council meeting of January 25, 2007 Staff recommendation: That the CVRC, Redevelopment Agency, and City Council excuse the absence. Director/Agency Member, Councilmember McCann moved approval of the requested excused absence. Director Desrochers seconded the motion and it carried 7-0 with Director/Agency Member/Councilmember Castaneda, and Director Rooney absent. Vice Chair Rindone inquired as to why his request for excused absence from the meeting of January 11,2007, had not been placed on a revised agenda for tonight's meeting. Senior Deputy City Clerk Peoples stated that it was scheduled for the February 8, 2007 agenda. Page 2 - CVRCIRDAlCC Minutes http://www.chulavistaca.gov January 25, 2007 1/9--- ~ .._---_____--/~ PUBLIC HEARINGS 3. CONSIDERATION OF CONDITIONAL USE PERMIT (pCC-07-022) FOR THE ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION OFFICE AT 626 L STREET, WITHIN TIIE MERGED CHULA VISTA REDEVELOPMENT PROJECT (SOUTHWEST SUBAREA) Conditional Use Pennit application for the relocation of the Social Security Administration offices from Third A venue to property located at 626 L Street. 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. Planning Manager Ladiana introduced Senior Community Development Specialist Tapia, who presented the staff report and responded to questions of the Council. Mayor Cox opened the public hearing. Director Ramirez made inquiry regarding the operations of the Social Security Administration, and whether the new plan included a way of accommodating those he currently sees standing in lines out front of the building, prior to and during hours of operation. Developer Chris Post responded that the new facility is larger and that the RAC had recommended the installation of benches in the front of the building to accommodate those waiting in line. Director Ramirez expressed concerns for the people waiting in line outside of the building and their possible need for a restroom facility prior to the opening of the office for business and the impacts this will have on other businesses in the area Chair Cox explained that the developer could not speak to the conduct of the Social Security Administration who is a Federal entity and has certain requirements for their offices. Jon Isaac, applicant, stated that the purpose of the relocation of the Social Security Administration to this facility was to increase the office capacity to eliminate the lines. The proposed new location has double the amount of seating capacity as the current location. Director Ramirez stated he could not support approval of the CUP unless the applicant was willing to guarantee there would be no lines. Chair Cox explained that the Social Security Administration contracts with the developer to build a building to their specifications and that his concerns regarding the operation of the facility was not a tenant improvement issue. Director Ramirez expressed his disagreement, stating he believed that as a condition for the permit, accommodations should be made for the routine operations of this facility, which he felt created a public health issue. Director Lewis responded that the applicant was not liable for this type of thing, and that his concerns should be addressed to the Social Security Administration. Page 3 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov January 25, 2007 /11-3 PUBLIC HEARING (continued) Director Rindone clarified his understanding of Director Ramirez' concerns, being that regardless of the inclusion of additional parking spaces and interior seating, the problem is potentially with customers coming prior to the opening of the facility and standing in lines outside. He suggested direction be included to staff to communicate these concerns to the Social Security Administration, and request an awning or some type of protective covering be provided. City Attorney Moore clarified that the City could not regulate the operation of the facility and if the Social Security Administration did not like the conditions, they would not enter into the agreement for the facility. Director Paul stated that he supported the CUP and wanted to encourage whatever design changes are appropriate. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: 3a. That the CVRC adopt the following resolution: Director McCann moved to adopt CVRC Resolution No. 2007-002 heading read, text waived: CVRC RESOLUTION NO. 2007-002, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL MAKE CERTAIN FINDINGS AND APPROVE CONDITIONAL USE PERMIT PCC-07-022 FOR THE ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION OFFICE AT THE BUILDING LOCATED AT 626 L STREET, WITHIN THE MERGED CHULA VISTA REDEVELOPMENT PROJECT (SOUTHWEST SUB-AREA) ACTION: Director Ramirez seconded the motion and it carried 7-0 with Directors Castaneda and Rooney absent. 3b. That the City Council adopt the following resolution Councilrnember McCann moved to adopt Resolution No. 2007-029 heading read, text waived as amended to add language as recommended by City Attorney Moore to Condition 3 after tables, "and appropriate cover to accommodate the queuing of the public": RESOLUTION NO. 2007-029, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF cHULAvtSTA'MAKlNG CERTAIN FINDINGS AND APPROVING CONDITIONAL USE PERMIT PCC- 07-22 FOR THE ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION OFFICE AT THE BUILDING LOCATED AT 626 L STREET, WITHIN THE MERGED .'.CHULA VISTA REDEVELOPMENT PROJEc;T(SOUTHWEST SUB-AREA) ""l Councilrnember Ramirez seconded the motion and it carried 4-0 with Councilmember Castaneda absent. .,'" ' Page 4 - CVRC/RDAlCC Minutes http://www.chulavist3cagov . " January 25, 2007 .1&-::'/ PUBLIC COMMENTS There were none. 4. CHIEF EXECUTIVE OFFICER'S REPORTS There were nOne. 5. CHAIRMAN'S REPORTS Chair Cox stated that the Council had approved a subcommittee comprised of the Mayor and Deputy Mayor to review the CVRC, and that the subcommittee was submitting a report with the recommendation to remove the City Council from the Board. This report will be submitted to the City Council for consideration at their Regular Meeting on February 6th. Further, that the report will recommend that the City Council forward the subcommittee recommendation to the CYRC for review and public comment at their February 8th meeting. This begins the public process. 6. DlRECTORS' COMMENTS Director Ramirez stated that he had previously circulated a memorandum with his recommendations on organizational reforms for the CVRC, and requested the City Clerk's Office provide copies to the Independent Directors for review prior to the item coming before them on February 8th. Director Desrochers spoke regarding the vacancy on Third A venue that the moving of the Social Security Administration office mOVe will create, and expressed concerns about the Specific Plan timetable. He then requested an update on the Urban Core Specific Plan, as well as the Bayfront Gaylord status, along with a report on how the CVRC will be involved in the budget process, how future funding needs will be accommodated, what is the staffing going to be, how will it be paid for, and commented that it appeared the tax increments were designated to pay for staff and not for projects. Chair Cox requested an update on the Bayfront be provided at the second meeting in February or when staff felt would be an appropriate date. ADJOURNMENT At 7:07 p.m. Mayor/Chair Cox adjourned the City Council to its regularly scheduled meeting on February 6, 2007, at 4:00 p.m., and the Chula Vista Redevelopment Corporation and Redevelopment Ag arly scheduled meetings on February 8, 2007, at 6:00 p.m. ,~ULA V/. ?~ *l CVRC '\ ~06115/2005) i !Q. i:::; 1: ''000oo00000 ~ 0,0. (?O Page 5 - CVRC tt ~ ?/ . . f. / CA-Cl- P' I (. ~ / ( Dana M. Smith, Secretary http://www.chulavistacagov January 25,2007 1,4- !5-' DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 1,2007 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the John Lippitt Public Works Operations Center, located at 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:10 p.m.), McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 1. BUDGET WORKSHOP PUBLIC COMMENTS There were none. 1. BUDGET WORKSHOP . Introduction Interim City Manager Thomson provided an overview of the budget workshop agenda, stating that this was the first of several meetings to be held prior to the adoption of the budget in mid- June. Steve Miller, representing the firefighters union, expressed dissatisfaction with a recent press release on the Fiscal Year 2006-2007 second quarter report that focused on firefighter overtime. Interim City Manager Thomson stated that a lengthy report on the fire department overtime was included for discussion at next week's Council meeting wherein the issues of under-funding the overtime budget will be addressed. . Fiscal Year 2006 - 2007 Second Quarter Report Finance Director Kachadoorian provided an overview of the second quarter report, including the projected revenue shortfall based on tax revenues (net), development revenues and other departmental revenues, along with the action plan based on contingency plan savings and management vacant positions. Ms. Kachadoorian also provided an overview of the projected general fund available balance. //.3-/ DRAFT BUDGET WORKSHOP (continued) Steve Miller, representing the firefighters union, stated that the Fire Department developed a strategic plan a few years ago that was accepted by the Council, as well as a Facility Master Plan that cost $120,000 to prepare, neither of which called for budget cuts. He expressed opposition to budget cuts in the Fire Department. Kevin O'Neill, Chula Vista resident, spoke regarding the impact of staffing cuts on planning and building services, positions primarily self-funded by fees, which, if implemented, would increase the processing time and project costs to developers. Mr. O'Neill additionally cautioned the Council against making cuts in the Fire Department that would affect the Fire Marshall position, which, in his view, required additional staffmg. He urged the Council to add one or two additional inspectors, stating that fees could be partially recouped from application or business license fees. Mayor Cox noted a letter received by the Council from Mr. Steve Wood regarding problems with the storm drain system that gathers runoff from a portion of East I Street (from Penelope Drive to Hilltop Drive), as well as Carla Avenue and Belinda Way, and asking on behalf of himself and his neighbors that the Council include capital improvement project 135 in the budget for the upcoming fiscal year. Budget and Operations Director VanEenoo provided an overview of the fiscal policies established by the Council. Finance Director Kachadoorian provided two additional fiscal policies that will be brought before the City Council for approval. The first was an update to the debt service policy, and the second was a new worker's compensation/general liability reserve policy, both intended for the long-term financial planning process. · Fiscal Year 2007 - 2008 Budget Update Budget and Operations Director VanEenoo provided an overview of the Fiscal Year 2007-2008 general fund base budget, starting with the Fiscal Year 2006-2007 amended budget of $170.9 million. He highlighted projected increases, such as the personnel costs per the Memorandum of Understanding (MOU), and decreases, such as budgeted salary savings, resulting in the Fiscal Year 2007-2008 base budget of $178 million. Deputy Mayor Rindone requested that the format of the visual presentation be changed so that decreases were shown with parentheses, rather than increases and decreases indicated by up and down arrows. Upon inquiry by Mayor Cox, Finance Director Kachadoorian explained that the transfer of the RDA debt to the RDA is a debt that the City issued in 1993 for the parking structure for the Chula Vista Shopping Center. It is booked as a loan to the RDA every year. Instead of booking the debt annually, and it accruing interest, it is being moved to the RDA as debt, which results in a reduction of RDA staff reimbursement being taken from the general fund. In response to a question by Mayor Cox, Director Van Eenoo responded that in 2006-2007, there was $1.4 million budgeted for fleet equipment. In Fiscal Year 2007-2008, there needs to be a total of $1.9 million, and thus there is a $500,000 increase to the fleet equipment budget over what is currently there. Page 2 - Council Agenda httn:/ /www.chulavistaca.!!ov March 1, 2007 //.5-.2. DRAFT BUDGET WORKSHOP (continued) Councilmember McCann explained his understanding of the Fire Department overtime budget and use of projected overtime costs. Budget and Operations Director Van Eenoo stated that proposed changes to this practice would be addressed at next Tuesday's Council meeting. Director VanEenoo then provided an overview of the budget trends for the last six fiscal years, 2001-2002 through 2007-2008, stating that increases were largely related to personnel costs, such as Memorandum of Understanding (MOU) increases, health premiums and PERS costs. Additionally, he stated that the personnel services have increased from 72.3% to 81.4% of the general fund budget since Fiscal Year 2001-2002. Deputy Mayor Rindone asked staff to provide a report on the population increase from 2000 to 2007 at next Tuesday's meeting, as well as a report on staffing levels per 1,000 residents as compared to other cities similar to Chula Vista. Director VanEenoo then provided graphics depicting the growth in personnel services and the impact on the general fund; general fund revenues for Fiscal Year 2007-2008; revenue trends (discretionary vs. program revenue), and the projected Fiscal Year 2007-2008 budget gap which, with staffs assistance, had been reduced from a projected $10.1 million to $6.3 million. Mayor Cox clarified that the difference in the projected budget gap from $10.1 million to $6.3 million was not a result of cuts, but merely the difference in expected and actual revenues at this point. Councilmember Castaneda noted that the figures projected did not leave much room for mid- year allocations and asked how much the Council had been asked to allocate outside of the budget process in the few past years. Finance Director Kachadoorian responded that the average was $5 million per year. Councilmember Castaneda said he felt it safe to say that staff and the Council would be self-imposing a moratorium on mid-year budget allocations. Councilmember Ramirez inquired, and Finance Director Kachadoorian explained, that the mid- year budget requests were sometimes brought forward with grant offsets and new revenues to cover the additional funding costs. Budget and Analysis Director VanEenoo stated that should a mid-year budget request be brought forward, the fiscal impact section, for example, would include that the appropriations would be offset by grant revenues or unexpected higher sales tax revenues; or if not, it would say money was being requested to be appropriated from reserves, which would lower the reserves. Councilmember Ramirez then received clarification that the $6.3 million gap assumes no change to reserves. . 5-Year Revenue and Expenditure Forecast Report Finance Director Kachadoorian provided an overview of the projected sales tax growth from Fiscal Year 2000 to Fiscal Year 2013, stating that she was projecting a 16% increase this year. Councilmember McCann inquired about the 16% projection. Director Kachadoorian responded that sales tax growth in Fiscal Year 2006 was close to 14%, and this year, with the auto park up and running, the shopping mall open in the east, and the new Crossings shopping center, she did not feel that an increase to 16% was an unrealistic assumption. Page 3 - Council Minutes http://www.chulavistaca.gov March 1, 2007 /6-3 DRAFT BUDGET WORKSHOP (continued) Councilmember McCann asked staff to provide a report on the amount of sales tax growth during the last recession in the 1990's. Finance Director Kachadoorian then provided the five-year forecast, including the sales tax per capita, growth in assessed value, debt service, projected deficit/surplus summary, general fund reserves projected to Fiscal Year 2013, and transient occupancy tax revenue per capita. Councilmember McCann made inquiry on the reflected growth in assessed value, and Finance Director Kachadoorian responded that it included both residential and commercial, and even though the market might be flat, the City could still see an increase in assessed values due to Proposition 13 turnovers. Finance Director Kachadoorian then provided a demonstration of newly acquired software called MuniCast, which was purchased to assist staff in the provision of fiscal models that can depict long-term fiscal impacts, and has the capability of comparing Chula Vista to other agencies of similar size. Budget and Operations Director VanEenoo provided the next steps in the budget process and suggested holding the next budget workshop on Wednesday, April 18, 2007, when staff would come back with a more detailed plan and proposed recommendations to close the current budgetary gap. ACTION: Mayor Cox announced that, hearing no objections, the second Council budget workshop would be held on Wednesday, April 18, 2007 at 6:00 p.m. Fiscal Year 2006 - 2007 Councilmember Block Budgets . Budget and Operations Director VanEenoo presented the block budgets for Councilmembers, stating that staff had developed a proposed reallocation of the remaining Fiscal Year 2006-2007 Council services and supplies budget based on input from the Council budget subcommittee comprised of Mayor Cox and Councilmember McCann. Director VanEenoo stated that initially, the Mayor and Council budgets were contained in one lump sum, and recently, the personnel costs were separated to reflect the Mayor and support staff in an administrative key, and each Councilmember having an individual budget. One proposed change was to provide an organizational key for the Mayor. This would result in an administrative/contingencies function for overall Mayor/Council Department items, a budget for the Mayor, and a budget for the individual Councilmembers. The subcommittee recommended that the administrative portion of the services and supplies budget be retained as one account, and the remainder of the funding was recommended to be divided into block budgets, with the Mayor to receive 30% of the remaining funds, the Councilmembers to each receive 15%, and the 10% remaining to be placed in the Mayor/Council administrative/contingencies budget. Mayor Cox clarified that the subcommittee considered only service and supplies and left personnel out until 2007-2008. She additionally noted that each column of the proposed Council block budget allowed for flexibility in use by shifting the money to where it was most needed by the individual Councilmember. This would be a trial for the balance of the fiscal year and would be reviewed for Fiscal Year 2007-2008. Councilmember McCann spoke in support of the proposal. stating that it allowed everyone to use their budget to customize their needs. Page 4 - Council Agenda httu:/ /www.chulavistaca.l!OV March 1,2007 /g-~ DRAFT BUDGET WORKSHOP (continued) Deputy Mayor Rindone inquired as to whether the savings came from savings in the Mayor's staff budget. Mayor Cox responded that it had not; staff was completely left out and there was no proposal for additional personnel costs at this time. Deputy Mayor Rindone requested clarification, and Mayor Cox responded that the total budget for each Councilmember would be $6,443 for the remainder of the fiscal year; however, there was flexibility in the use of 10% in the Mayor/Council administrative/contingencies budget for the balance of the year. Councilmember Castaneda asked about $500 that the Mayor and Council used to receive that was now included in the budget. Mayor Cox responded that it would now be receipted, meaning that an invoice was required and would be reimbursed by the individual Councilmember's budget. ACTION: Mayor Cox moved to accept the recommendations of the Council budget subcommittee for the 2006-2007 Councilmember block budgets. Councilmember McCann seconded the motion, and it carried 4-1, with Deputy Mayor Rindone opposed. ADJOURNMENT At 7:39 p.m., Mayor Cox adjourned the meeting to the regular meeting of March 6, 2007 at 4:00 p.m. in the Council Chambers. ~OP~S!~Ci'YCl"k Page 5 - Council Minutes http://www .chulavistaca.gov March I, 2007 IS"S" DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 6, 2007 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Cox welcomed and recognized two visiting journalists from Gubernia, Russia, photographer Misha Semenyak and TV journalist Galina Sheveleva, representing the City of Blagovenshensk, which is in far eastern Russia near the Chinese border, a city about the size of Chula Vista. She stated that the visitors were very interested in finding out how Chula Vista operates and the services provided so they can share that information with their viewers and local government officials. Mayor Cox then recognized Bill McGuire from the State Department and Dimitry Motovilov, State Department interpreter, who were also present at the meeting. Deputy Mayor Rindone reported on the recent passing of Ben Patton, founding President of the Chula Vista Kiwanis Club. He described Mr. Patton as a community leader, a person who made a difference, a charter president, and most recently an accountant in special financial services. He requested that the meeting be adjourned in memory of Ben Patton. SPECIAL ORDERS OF THE DAY . INTRODUCTION BY PUBLIC WORKS OPERATIONS DIRECTOR DAVE BYERS, OF EMPLOYEE OF THE MONTH, DANNY LIMA, SENIOR PUBLIC WORKS INSPECTOR Public Works Operations Director Byers introduced the employee of the month, Danny Lima, Senior Public Works Inspector, and Deputy Mayor Rindone presented him with a proclamation. le-/ CONSENT CALENDAR (Items I through II) With reference to Item I, Mayor Cox and Councilmember Ramirez stated that they would abstain from voting on the minutes of November 16, 2006, as they were not members of the City Council at that time. Item No.5 was withdrawn from the agenda at the request of staff. With respect to Item 8, Councilmember Ramirez expressed his eagerness to reach the 50% diversion goal. He requested clarification, and staff responded affirmatively, that funding received from the proposed AB939 fee increase would not be used to increase documentation and reporting requirements; and that the funding would be used to resolve issues related to stricter waste reduction and recycling requirements for special events. Regarding Item 9, Deputy Mayor Rindone asked if SDG&E would be sharing the costs associated with the emergency sewer line repair at Otay Lakes Road and Eastlake Parkway. He also inquired about the time line for the repairs. General Services Director Griffin responded that the City had filed a claim to begin the process for reimbursement by SDG&E for a portion of the repairs, and was hopeful that the matter would be resolved within a month. Councilmember McCann stated that he wished to register a no vote on Item 8. 1. APPROVAL OF MINUTES of the Adjourned Regular Meetings of November 16,2006 and January 15,2007, the Regular Meeting of January 16,2007, the Adjourned Regular Meeting of January 16,2007 and Special Meeting of the Public Financing Authority, the Adjourned Regular Meeting of January 18,2007, the Special Meetings of February 4 and February 8, 2007, the Regular Meeting of February 13,2007, and the Special Meeting of February 13,2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Sherry Strothers, member of the Veterans Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 14-1 (OTA Y RANCH VILLAGE TWO) Otay Project, L.P. submitted an application for establishing Community Facilities District No. 14-1 (CFD 14-1) to fund the acquisition or construction of certain public improvements serving the City of Chula Vista and development improvements serving the Otay Project, L.P. properties within Village Two of the Otay Ranch in the amount of approximately $127 million. Adoption of the resolution initiates the formal proceedings for the proposed CFD 14-1 (City Engineer) Page 2 - Council Minutes httn:/ /www.chulavistaca.!2:0V March 6, 2007 Ie -.2... CONSENT CALENDAR (Continued) Staff recommendation: Council accept the report and adopt the following resolution. RESOLUTION NO. 2007-048, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 14-1 (OTA Y RANCH VILLAGE TWO) FOR THE OTAY PROJECT L.P., AND APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT 4. RESOLUTION NO. 2007-049, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY WATER DISTRICT, AND THE SWEETWATER AUTHORITY WHICH CREATED THE INTERAGENCY WATER TASK FORCE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED COOPERATIVE AGREEMENT The Council approved the cooperative agreement for the Interagency Task Force in 1991. Adoption of the resolution approves an amendment to the agreement to allow the selection of a Vice Chairman, the inclusion of a drought management program, the inclusion of a termination provision including clarifying language, and the revision of the frequency of meetings. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL FUND FOR COSTS INVOLVED WITH INSTALLATION OF A TRAFFIC SIGNAL AT MAIN STREET AND AUTO PARK PLACE (4/5THS VOTE REQUIRED) The City previously approved developments including two auto parks and other supporting auto-related businesses on the north and south sides of Main Street. As a result of the developments, a new traffic signal was needed at the intersection of Main Street and Auto Park Place. Sunroad Enterprises paid the total project cost with the understanding that reimbursements would follow from the City and the developer upon project completion. Adoption of the resolution appropriates the City's share of the project from the City's traffic signal funds for reimbursement to Sunroad Enterprises. (City Engineer) Staff recommendation: The item be removed from the agenda. 6. RESOLUTION NO. 2007-050, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $116,000 AND APPROPRIATING SAID DONATED FUNDS Page 3 - Council Minutes htto ://www.chulavistaca.!lOV March 6, 2007 Ie -3 CONSENT CALENDAR (Continued) The Fire Department received donations in the amount of $116,000 from various community donors. These donations were made to support the department's operations, and the funds will be used for equipment purchases and fire facility improvements that are not funded in the Fiscal Year 2007-2008 budget. Adoption of the resolution approves the appropriation of said donated funds. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-051, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $210,083 IN REIMBURSEMENTS FROM VARIOUS STATE AND LOCAL AGENCIES TO OFFSET OVERTIME AND SUPPLIES AND SERVICES COSTS IN THE FIRE DEPARTMENT The Fire Department participates in automatic aid agreements with all other agencies within San Diego County, and an agreement for local government fire suppression assistance to forest agencies and the Office of Emergency Services. Through the agreements, the Department provides staff and equipment resources on a reimbursement basis. Additionally, the Department receives reimbursements for staff time from the County of San Diego State Homeland Security Office for eligible project work. Adoption of the resolution accepts and appropriates $210,083 in reimbursements from these agencies. (Fire Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2007-052, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO BEGIN THE PUBLIC PROCESS AS REQUIRED UNDER PROPOSITION 218, TO INCREASE THE AB939 FEE TO FULLY FUND THE STATE MANDATED WASTE DIVERSION AND RECYCLING PROGRAMS AS PROVIDED FOR UNDER AB939, THE WASTE MANAGEMENT ACT Events have occurred that have placed substantial strain on the City's AB939 funds. The disposal/operating costs have increased 100% as a result of the increased traffic and corresponding household hazardous waste disposal volumes as a result of new legislation. Adoption of the resolution directs staff to begin the public process to increase the AB939 fees to fully fund the state-mandated waste diversion and recycling programs. (General Services Director) Staff recommendation: Council adopt the resolution. 9. A. RESOLUTION NO. 2007-053, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE EMERGENCY SEWER LINE REPAIR - OTAY LAKES ROAD AND EASTLAKE PARKWAY AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF GENERAL SERVICES FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH METROPOLITAN CONSTRUCTION Page 4 - Council Minutes httn:llwww.chulavistaca.QQV March 6, 2007 Ie -'I CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2007-054, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROGRAM PROJECT "EMERGENCY SEWER LINE REPAIR - OTAY LAKES ROAD AND EASTLAKE P ARKW A Y" (SW248), AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROJECT, AND APPROPRIATING SEWER FACILITIES REPLACEMENT FUNDS TO TRANSFER EXPENDITURES MADE FOR SAID PROJECT On October 19, 2006, the General Services Department was informed by Public Works Operations that the 15-inch sewer line at Otay Lakes Road and Eastlake Parkway was severely damaged and could lead to the undermining of the road. City crews immediately televised the sewer lines and assessed the damage. In accordance with the emergency provisions of Section 1009 of the City Charter, City staff prepared bid documents to address the repair and obtained three bids. Staff entered into an agreement with the lowest responsible bidder, Metropolitan Construction. An informational item was submitted to the Council in November, with the final report to be brought back after the full cost of the project was identified. The project was completed in December; and the staff report contains the total expenditures for the repair. (General Services Director) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2007-055, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS IN THE AMOUNT OF $120,014 AS PAID TO THE CITY OF CHULA VISTA BY CRICKET COMMUNICATIONS TO THE GAYLE MCCANDLISS PARK CAPITAL IMPROVEMENT PROJECT (CIP PR-179) FOR FUTURE IMPROVEMENTS TO THE PARK At the City's request, Cricket Communications (Cricket) agreed to assist with funding of future park improvements at Gayle McCandliss Park, including the installation of a wireless facility. Cricket agreed to provide full payment for the five-year lease of the site in one lump sum and an additional $12,000 for two new light fixtures. Cricket paid the total amount agreed upon of$120,014 to the City on January 6, 2007, and adoption of the resolution appropriates these funds to the project. (General Services Director) Staff recommendation: Council adopt the resolution. II. RESOLUTION NO. 2007-056, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $205,670 FROM THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM AND APPROPRIATING FUNDS THEREFOR, WAIVING THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING A ONE-TIME PURCHASE OF MONITORING AND SURVEILLANCE EQUIPMENT FROM JSI Page 5 - Council Minutes htto://www.chulavistaca.IWV March 6, 2007 e-5 CONSENT CALENDAR (Continued) The High Intensity Drug Trafficking Area (HIDTA) Program has awarded the Police Department $205,670 for the purchase of monitoring and surveillance equipment for the Operation Alliance Task Force. The funding from the HIDTA program includes the $199,680 expenditure reimbursement, along with a 3% administrative fee for processing the purchase. Adoption of the resolution accepts the funds, appropriates $199,680 to the Fiscal Year 2006-2007 Police Department capital budget, waives the competitive bidding process, and authorizes a one-time purchase of monitoring and surveillance equipment from JSL (Police Chief) Staff recommendation: Council adopt the resolution. Mayor Cox noted that Item 5 was removed from the agenda and requested that Item 8 be voted on separately. ACTION: Deputy Mayor Rindone moved to approve Consent Calendar Items 1 through 4, 6, 7, and 9 through 11, headings read, texts waived. Councilmember Ramirez seconded the motion, and it carried 5-0, except on the minutes of November 16, 2006, which carried 3-0-2, with Mayor Cox and Councilmember Ramirez abstaining. ACTION: Deputy Mayor Rindone moved to approve Consent Calendar Item 8, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 4-1, with Councilmember McCann opposing. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Peter Watry spoke about the allocation of $451 million in bond money by the state for interstate repairs, with the South Bay receiving only 4% of the total and the North County receiving 96%. He commented on past promises by the County's Proposition A bond measure to provide the South Bay with additional freeway travel lanes, on/off ramps, HOV lanes on Interstate 5, and grade separations at E and H Streets. He encouraged everyone to read the traffic section of the Bayfront environmental impact report that reflected sub-standard "f' ratings and suggested that the Council demand that SANDAG being the 1-5 improvements immediately. = ACTION ITEMS 12. CONSIDERATION OF PUBLIC INPUT REGARDING DESIRED QUALIFICATIONS OF A NEW CITY MANAGER At its February 20, 2007 meeting, the Council directed staff to provide a report with recommendations for a process to obtain public input related to the selection of a new City Manager, and to indicate what would be appropriate and not appropriate to discuss in open session. As per a memorandum from the City Attorney, staff is recommending public discussion be limited to general comments regarding the desired qualifications of a new City Manager, avoiding any discussion of specific candidates for the position. (Interim City Manager/City Attorney) Page 6 - Council Minutes htto:/lwww .chulavistaca. !lOV March 6, 2007 ;/\/ <.,. ~.~ ACTION ITEMS (Continued) Mayor Cox commented that the search for a City Manager began last fall, with a recommendation by Deputy Mayor Rindone for an extension in order for the newly elected Mayor Cox and Councilmember Ramirez to have the opportunity to speak with the search consultant. Since that time, the Council met to review 35 candidate applications, since reduced to five candidates, and held continued meetings to discuss the candidate selection. She further stated that the process involved a great amount of thought on the part of the Council in order to locate, recruit, and retain the best City Manager for the City. Councilmember Ramirez commented that the public had never had the opportunity to weigh in on the City Manager selection process, and that he was hopeful of creating the opportunity for a more open process. He expressed disappointment with the process undertaken by the consultant hired to interview the City Manager candidates, and wished the public had been provided the opportunity to address the desired qualifications of a City Manager at a 6:00 p.m. Council meeting. Councilmember Ramirez then said he looked forward to moving forward with the process. Peter Watry stated that the ideal City Manager would have knowledge of what is going on citywide, carry out the wishes of the Council, and should not take individual suggestions from the Mayor or the Council, citing Section 305 of the City Charter. Jackie Lancaster spoke of three qualifications that were important for a City Manager, namely honesty and integrity; skills and knowledge; and community vision and the ability to work with the community. She invited the Council to describe where it would stand in a choice of two candidates, one with an overzealous developer's vision for the City, and the other more open to the community's vision. ACTION: Councilmember McCann moved to accept the report. Councilmember Ramirez seconded the motion, and it carried 5-0. Councilmember Ramirez stated that he was motivated to seek a more open process, with an opportunity to allow the public to have confidence in the selection process. In response to the comments by Ms. Lancaster about candidate preference, he stated that he would support a City Manager with qualities that would include strong inter-personal skills, effective communications, and be creative and innovative. He asked the City Attorney to explain how a more open process could be created from this time forward. Deputy City Attorney Dawson responded that the Council could discuss general qualifications of candidates, such as job description and compensation, and explained that since the process started out with expectations of candidate privacy, without seeking a written waiver from the candidates, it would be inappropriate to discuss the candidates' individual qualifications in a public setting. ACTION: Councilmember Ramirez moved to instruct staff to contact the candidates and ask if they would voluntarily issue a waiver in order to bring the process into the public arena. Councilrnember Castaneda seconded the motion. Councilmernber McCann stated that he believed in public input; however, since the process is so far along, the Council should proceed with the current process. Page 7 - Council Minutes ht1p://www.chulavistaca.2ov March 6, 2007 Ie.? ACTION ITEMS (Continued) Deputy Mayor Rindone clarified that after the election of Mayor Cox and Councilmember Ramirez, each Councilmember had the opportunity to vet all of the candidates to any degree they wanted. He wished to convey to the public a clear understanding that the current Council had been working diligently in examining the applicants from the beginning of the process and believed this selection to be critical to the community. Councilmember Castaneda stated that it would be extremely appropriate should either or both of the candidates for City Manager wish to come and talk to the public about their vision for the City, but that if they did not wish to do so, they should not be precluded from consideration in the process. Councilmember Ramirez stated that a public process for a City Manager search is not unusual. He felt confident that a process couId be crafted, if the applicants agreed, that would assist the Council in making a better decision. He suggested adding one or two weeks to the process to look at what other cities were doing. Mayor Cox stated that she would oppose the motion by Councilmember Ramirez, stating that asking the candidates currently in the process to waive their confidentiality would be inappropriate. ACTION: The motion failed, with Mayor Cox, Deputy Mayor Rindone and Councilmember McCann opposed. At 4:50 p.m., Councilmember Castaneda left the dais. Mayor Cox announced that Items 14, 15 and 16 would be heard prior to Item 13. Item 13 was heard following Item 16. 13. CONSIDERATION OF QUARTERLY FISCAL STATUS REPORT FOR THE QUARTER ENDED DECEMBER 31, 2006 In accordance with Charter Section 504 (t), the fiscal status report covering the second quarter of Fiscal Year 2007 was submitted for approval. (Finance Director) Finance Director Kachadoorian gave a brief summary of the budget report. Deputy Mayor Rindone asked whether staff anticipated additional adjustments for Fire Department overtime for the two remaining quarters of this budget cycle. Finance Director Kachadoorian replied that the requested amendment would fulfill the requirements for the remaining fiscal year. Interim City Manager Thomson added that the only exception to any changes would be as a result of unanticipated responses by the Fire Department outside of the City, for which the City would receive reimbursement. Page 8 - Council Minutes htto:/ /www.chulavistaca.gov March 6, 2007 /C-8 ACTION ITEMS (Continued) Mayor Cox recognized that the 8.5% projected reserves were above the 8% that the Council has required since 1996, and that staff is working diligently to bring the revenues and expenditures in line. She then asked, and Finance Director Kachadoorian explained, about the work being done by the City's independent financial review firm, Economic Planning Systems. ACTION: Councilmember McCann moved to accept the report and adopt Council Resolution No. 2007-057, heading read text waived: RESOLUTION NO. 2007-057, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $450,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE FIRE DEPARTMENT PERSONNEL SERVICES BUDGET FOR COSTS RELATED TO OVERTIME Councilmember Castaneda seconded the motion, and it carried 5-0. OTHER BUSINESS 14. CITY MANAGER'S REPORTS Interim City Manager Thomson announced that the March 15, 2007 Citizens Advisory Committee/ Public Workshop for the Chula Vista Bayfront Master Plan would be conducted in two sessions, 3:30 p.m. to 5:30 p.m. and 6:00 p.m. to 8:00 p.m., in the Council Chambers. During these two workshops, the Gaylord Entertainment team would present and discuss the conceptual design for the proposed resort conference center. He clarified that this workshop would not address the South Bay Power plant. 15. MAYOR'S REPORTS A. ACTION: B. ACTION: C. ACTION: Ratification of Mary Helvie to the Commission on Aging. Mayor Cox moved to ratifY the appointment of Mary Helvie to the Commission on Aging. Councilmember McCann seconded the motion, and it carried 4-0, with Councilmember Castaneda absent. Ratification of Russ Hall to the Growth Management Oversight Commission. Mayor Cox moved to ratify the appointment of Russ Hall to the Growth Management Oversight Commission. Councilmember McCann seconded the motion, and it carried 4-0, with Councilmember Castaneda absent. Ratification of Nancy Mulcahy to the International Friendship Commission. Mayor Cox moved to ratifY the appointment of Nancy Mulcahy to the International Friendship Commission. Councilmember McCann seconded the motion, and it carried 4-0, with Councilmember Castaneda absent. Page 9 . Council Minutes btto://www.chulavistaca.QOV March 6, 2007 /e-7 OTHER BUSINESS (Continued) Mayor Cox announced that the Heritage Museurn on Third A venue has an exhibit on the Robr Corporation, with brochures for sale for $1 and the proceeds to support the Heritage Museum. She commended the Library staff for ensuring the presentation of the exhibit. With reference to Item 6, Mayor Cox acknowledged that the donations to the Fire Department included a donation by the Weihe family in memory of Michelle Ann Weihe, who passed away on September 24, 2006, despite efforts of Fire Department personnel who came to her aid and attempted to revive her. Mayor Cox extended the Council's sympathy's to the Weihe family. 16. COUNCIL COMMENTS Deputy Mayor Rindone reported that he recently visited the International Institute of Photographic Arts, located at 1690 Frontage Road in Chula Vista, which featured an exhibit of Oceans In Time by the artist, Victor Manuel Diaz. He encouraged his colleagues and citizens to visit the gallery. He also expressed concern about funding to maintain the gallery and asked staff to work with the Cultural Arts Commission to seek funding opportunities in order to retain the gallery in the community. In addition, he reminded the Council that the meeting would adjourn in memory of Ben Patton, founding charter president of the Chula Vista Kiwanas Club, who made a difference in the community. Councilmember McCann extended his thoughts and prayers to the Patton family. Councilmember Ramirez expressed condolences to the Patton family. He then thanked Deputy Mayor Rindone for bringing the art exhibit to his attention and extended his support towards efforts to retain the gallery in Chula Vista. Councilmember Ramirez spoke about the recent public safety subcommittee meeting at Lauderbach Park that focused on the issue of homelessness, stating that the matter was not only a local issue, but one that extends regionally. The City needed to rely on services other than the Police Department, and he was hopeful that an approach would be developed in the future. He then talked about the first of his monthly public meetings that raised issues regarding truck routes and a police sub-station, which needed to be addressed. He stated that questions and referrals from the meeting would be forwarded to the Constituent Services Manager. At 5:06 p.m., Mayor Cox declared a recess and reconvened the meeting at 5:15 p.m. with all members present. Item No. 13 was actually heard at this time. CLOSED SESSION Mayor Cox announced that the Closed Session would not be held but would be continued until after the March 8, 2007 Chula Vista Redevelopment Corporation meeting. The following items were not discussed, and no action was taken: Page 10 - Council Minutes httn:llwww.chulayistaca.2:QY March 6, 2007 /c: 7 t) CLOSED SESSION (Continued) 17. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 . Five cases 18. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(l) Title: City Manager 19. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager ADJOURNMENT At 5:24 p.m., Mayor Cox adjourned the meeting in memory of Ben Patton to the regular meeting of March 13, 2007, at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 11 - Council Minutes htto://www.chulavistaca.2:0V March 6, 2007 /(:;. - //