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HomeMy WebLinkAbout2008/02/25 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 5, 2008 4:00 P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 4:05 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: City Manager Garcia, City Attorney Ann Moore, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY INTERIM LffiRARY DIRECTOR LEAH BROWDER OF EMPLOYEE OF THE MONTH, CHARITY ANDERSON, CHILDREN'S LIBRARIAN Leah Browder introduced employee of the month Charity Anderson. Mayor Cox then read the proclamation and Deputy Mayor Rindone presented it to Charity. CONSENT CALENDAR (Items I through 13) Item 3 was removed from the Consent Calendar for discussion by members of the public and by Councilmember Castaneda. Deputy Mayor Rindone stated he would be abstaining from voting on Item 3, due to his membership on the Chamber of Commerce Board, and the proximity of his residence to the Chula Vista Chamber of Commerce. Item 4 and 6 were removed from the Consent Calendar for discussion by Councilmember McCann. 1. APPROVAL OF MINUTES of the Regular Meeting of January 8, 2008, the Adjourned Regular Meeting of January 12, 2008, and the Regular Meeting of January 15, 2008. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2008-030, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS 1- n DRAFT CONSENT CALENDAR (Continued) The Meyers-Milias-Brown Act, as contained in California Government Code Sections 3500-3511 provides for the orderly administration of employer-employee relations. It states that a public agency may adopt reasonable rules and regulatIOns for recognizing employee organizations and for meeting and conferring with those organizations regarding wages, hours, and other terms and conditions of employment. (City Attorney) Staff recommendation: Council adopt the resolution. 3. Item 3 was removed from the Consent Calendar for discussion. 4. Item 4 was removed from the Consent Calendar for discussion. 5. A. RESOLUTION NO. 2008-033, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SIDEWALK IMPROVEMENTS NORTH SIDE OF ORANGE AVENUE BETWEEN THIRD AVENUE AND CONNOLEY AVENUE, SOUTH SIDE OF L STREET BETWEEN HILLTOP DRIVE AND COUNTRY CLUB DRIVE IN THE CITY OF CHULA VISTA (CIP NO. STL-3l8)" PROJECT TO FOX CONSTRUCTION IN THE AMOUNT OF $76,307.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN THE PROJECT B. RESOLUTION NO. 2008-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECT "ADA PEDESTRIAN RAMPS (STL-334)" TO STL-318 AS NECESSARY TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) On January 16, 2008, the Director of Engineering and General Services received 12 sealed bids for this project. The work consists of the installation of sidewalk improvements at two locations, a retainin~ wall, traffic control, and other miscellaneous work, including all labor, material, eqUIpment, and transportation necessary for the project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. Item 6 was removed from the Consent Calendar for discussion. 7. RESOLUTION NO. 2008-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2007 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS IN THE AMOUNT OF $104,277 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND SHSGP PROGRAM (4/5THS VOTE REQUIRED) The County of San Diego Office of Emergency Services, who administers the State Homeland Security Grant Program (SHSGP) has notified the Fire Department of the Fiscal Year 2007 SHSGP award in the amount of $1 04,277. These funds will be utilized by the Fire and Police Departments to purchase communications, computer, rescue, and protective and breathing apparatus, and to fund homeland security related training activities. (Interim Fire Chief) Staff recommendation: Council adopt the resolution. Page 2 . Council Minutes ;-;?- February 5, 2008 DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2008-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $82,227 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES AND A $5,000 DONATION FROM NORTH ISLAND FEDERAL CREDIT UNION TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT (4/5THS VOTE REQUIRED) The Fire Department has received reimbursements in the amount of $82,227 from the State Office of Emergency Services. Reimbursements were made for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2007 fire season. The Fire department has also received a donation in the amount of $5,000 from North Island Federal Credit Union in appreciation of Fire Department efforts during the 2007 fire season. The department is requesting to appropriate these funds to offset overtime, supplies, and facility support costs. (Interim Fire Chief) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2008-038, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE PRE-TAX PAYROLL DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) On April 22, 1997, the Council approved a resolution providing qualified members the option to elect the pre-tax payroll deduction plan for their service credit purchase (i.e., redeposit, service prior to membership, military, etc.). On December 27,2007, CalPERS assigned a new group coverage number for the City's Miscellaneous group with 3% at 60-benefit formula from group number 70001 to 70002. In order to continue the benefit of pre-tax option to its Miscellaneous employees with coverage group 70002, the City must submit an amended resolution to the California Public Employees' Retirement System. Adoption of the resolution amends the pre-tax payroll deduction, which has no fiscal impact to the City. All service credits are purchased by member employees, and may result in minimal reductions in City liability for Medicare taxes due to the reduced taxable income base afforded by this pre-tax benefit. (Human Resources Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2008-039, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $46,560 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (4/5THS VOTE REQUIRED) The County of San Diego Office of Emergency Services, which administers the Law Enforcement Terrorism Prevention Program (LETPP) for local agencies, has notified the Police Department of the Fiscal Year 2007 LETPP award in the amount of $46,560. The department is requesting to appropriate these funds for overtime costs and supplies and services. (police Chief) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 1-'9 February 5, 2008 DRAFT CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2008-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AWARD AND APPROPRIATING $300,000 IN UNANTICIPATED REVENUES FOR A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM FOR THE 16TH CYCLE AND AMENDING THE FISCAL YEAR 2008 WASTE MANAGEMENT AND RECYCLING FUND BUDGET (4/5THS VOTE REQUIRED) In June of 2007, staff submitted a grant funding application to the California Integrated Waste Management Board (CIWMB) for Household Hazardous Waste activities, related to expansion of the universal Waste Collection Program, and development of a medical needles/sharps proper disposal system for residential households, on behalf of the South Bay Regional household Hazardous Waste Partnership (Consisting of Imperial Beach, National City, and Chula Vista as lead agency). The CIWMB has awarded the $300,000 request and given staff the Notice to Proceed with the proposed programs. (public Works Director) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2008-041, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF TIRE ENFORCEMENT GRANT APPLICATIONS IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE WORK SPECIFIED IN THE GRANTS THROUGH JUNE 30, 2012 In 1989, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. The City of San Diego is the lead agency for this program in San Diego County and Chula Vista, Imperial Beach and National City are partnering with them on this program. Adoption of the resolution authorizes the subrnittal of the grant and will support the continuation of enforcement work that was started in 2007. (public Works Director) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2008-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY ACCEPTING AND APPROPRIATING $81,281 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2007-2008, 13TH CYCLE AND AMENDING THE FISCAL YEAR 2008 WASTE MANAGEMENT AND RECYCLING BUDGET (4/5THS VOTE REQUIRED) Page 4 - Council Mioules / ~L/- February 5, 2008 .' "'{',/ . DRAFT CONSENT CALENDAR (Continued) The California Used Oil Enhancements Act (1999) requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oiL The Act mandates that the California Integrated Waste Management Board use a portion of the funds to provide block grants to local govemments for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach and National City. (public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staff recommendations and offered the balance of the Consent Calendar, headings read, texts waived. Councilmember Castaneda seconded the motion and it carried 5-0. Deputy Mayor Rindone left the dais at 4:20 p.m. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION NO. 2008-031, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE, WAIVING COUNCIL POLICY #230- 01 TO ALLOW FOR FUNDING IN AN AMOUNT LESS THAN STATED IN SAID POLICY Adoption of the resolution approves a contract between the City and the Chamber of Commerce for a period of six months with an option to extend the contract for an additional one-year period, for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce main office. It also waives City Council Policy #230-01 to allow for funding in an amount less than stated in the policy (Economic Development Officer) Staff recommendation: Council adopt the resolution. Peter Watry, Chula Vista resident, was upset about reduced Library hours of operation resulting from the citywide budget reductions, while the Chula Vista Visitors' Center was allocated $53,000 in funding by the City. He questioned why so much money was being spent on the Visitors' Center and not the Public Library, and why the item was on the Consent Calendar instead of being included in the budget reductions for debate. Page 5 - Council Minutes I ~ ,,-' J February 5, 2008 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Patricia Aguilar, Chula Vista resident, spoke regarding the option to extend the contract between the City and the Chamber for an additional one-year period, and requested clarity as to whether or not extension of the contract would require Council approval, expressing that the service being provided should compete with all other services provided by the City. Gerry Scott, Chula Vista resident, stated that the $53,000 proposed for the Chula Vista Visitors' Center could be better utilized to save employee positions in the Library, and he requested Council consideration to deny the proposed contract. Councilmember Castaneda asked whether the visitors' center was adequately promoting the City, or whether the funding would be better spent elsewhere. Lisa Cohen, Chula Vista Chamber of Commerce Executive Director explained the many promotions by the Visitors' Information Center that included, "Dine and Shop Chula Vista", San Diego CONVIS, and a City directory, stating that the funding reduction would primarily affect the hours of operation and the General Manager position. Councilmember Castaneda stated that for the future budget, he would be looking at ways to promote local businesses that were opening their doors for visitors, not simply keeping the doors of the Visitors' Information Center open. Mayor Cox reported that the City of Chula Vista was one of two cities in the region not to have a sales tax decline in the last quarter reporting, which she attributed to the Chula Vista Chamber of Commerce promoting retention oftax dollars locally. ACTION: Councilmember Ramirez requested a poll from the Council and moved for approval of the proposed Resolution as amended, to remove the option for renewal and all references thereto. The motion died for a lack of a second. Councilmember McCann spoke in support of the proposed resolution in its original form. Mayor Cox was opposed to the proposed amendment by Councilmember Ramirez, stating that the item must come back to Council for approval of the contract extension, and she would therefore support the item as presented. Councilmember Castaneda stated he would support the motion by Councilmember Ramirez to include direction to the City Manager to work with the Chamber of Commerce to see exactly how the City would be promoted. ACTION: Councilmember Ramirez moved to approve staff recommendation and adopt Resolution No. 2008-031, heading read, text waived, with direction to staff that a report be forthcoming from the Chamber of Commerce regarding how they intend to promote the City of Chula Vista. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy Mayor Rindone abstaining. Deputy Mayor Rindone returned to the dais at 4:53 p.m. Page 6 - Council Minutes j- {p February 5, 2008 "...... ",:,""'!'."r' DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2008-032, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE "ROHR PARK BREAK ROOM (PR 274) CIP PROJECT" TO FAMANIA CONSTRUCTION INC. IN THE AMOUNT OF $34,073 Per section 1009 of the City's Charter, the Director of Engineering and General Services, in an effort to secure competitive prices from interested contractors, invited ten contractors to submit informal bids for the construction of improvements to the Rohr Park Break Room. The scope of work included the rehabilitation of the park employee break room, modernizing the two bathrooms, kitchen area, flooring and lighting. Three bids were received. Adoption of the resolution accepts and awards a contract to Famania Construction Inc. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Councilmember McCann asked and Engineering and General Services Director Griffin confirmed, that if the recommended improvements were not performed, the facility would need to close within one year. ACTION: Councilmember McCann moved to approve staff recommendation and offered Resolution No. 2008-032, heading read, text waived. Mayor Cox seconded the motion and it carried 5-0. 6. RESOLUTION NO. 2008-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW PARK ROLLER HOCKEY ARENA (PR303)" FOR ADDITIONAL SAFETY NETTING AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) In March 2005, the City of Chula Vista dedicated and opened for public use, Sunset View Park, a 10-acre turnkey neighborhood park constructed by the Eastlake Company in partial satisfaction ofthe parkland obligation for the Eastlake Greens subdivision. Sunset View Park contains the City's only outdoor roller hockey arena. At the request of Risk Management and the Office of the City Attorney, a review of the roller hockey arena was undertaken, and it was determined that the installation of additional netting around the arena would enhance the overall safety of the facility. Adoption of the resolution establishes a new Capital Improvement Project and appropriates $50,000 from the available Park Acquisition and Development fee balance for staff and consultants to prepare a set of construction documents for bidding purposes. The estimated total cost of the project is $150,000. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Councilmember McCann requested clarification from staff on the total project cost. Engineering and General Services Director Griffin responded that staff was hopeful the final project would total approximately $150,000, and that staff was only requesting funding for the design portion of the project at this time. Page 7 - Council Minutes ;-1 February 5, 2008 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Councilmember McCann requested that in future, staff indicates under the "Fiscal Impact" portion of staff reports, any effects the proposed items would have on the General Fund. ACTION: Councilmember McCann moved to approve staff recommendation and offered Resolution No. 2008-035, heading read, text waived. Mayor Cox seconded the motion and it carried 5-0. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 14. CONSIDERATION OF PROPOSED RESTRUCTURING OF THE SEWER SERVICE RATES It has been determined that the existing rates are inadequate and have not/will not generate the revenues needed to meet the obligations of the fund for wastewater treatment, system operation and maintenance. Therefore, the rates need to be adjusted and in some cases increased as outlined in the report. (Engineering and General Services Director) Engineering and General Services Director Griffm presented the proposed restructuring of the sewer service rates. Mayor Cox opened the public hearing. Felicitas 1. Cofer, Chula Vista resident, stated that the proposed fee increase would increase her bill from $31.10 to $45.85, and she expressed concern about the burden of this on her and other retirees who were on a fixed income. Ron Floyd, Chula Vista resident, stated he was on a fixed income, and noted that sewer fees had increased 160% since 2001. He stated that he had observed much waste in the City, citing examples of half-empty busses and excessive landscaping. He asked the Council to consider giving seniors a break on the proposed fees. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Mayor Cox requested Interim City Clerk Norris to confirm the number of written protests received to date. Interim City Clerk Norris reported that notices were mailed to 52,902 property owners. If the number of protest letters received was less than 26,451, the Council could proceed with the item. The Clerk's Office received 47 letters of protest. Page 8 - Council Minutes /-6 February 5, 2008 DRAFT PUBLIC HEARINGS (Continued) Engineering and General Services Director Griffin responded to the concerns by the two speakers, Felicitas Cofer and Ron Floyd, stating that they could contact the Finance Department to determine eligibility for billing relief. Direction was given to staff to contact the speakers and to notify them of the contact information. Deputy Mayor Rindone asked about the design of the study to verify the return factor for single family residential customers, suggesting that there be at least 24 residences included in the study, 12 from the east side, and 12 from the west side. Staff Member Griffin responded that the goal was to have a cross-section of users from the north, south, east and west sides of the City, with varying sized lots. Deputy Mayor Rindone requested that there be no more than two occupants in at least half of the single-family residences included in the study. Deputy Mayor Rindone referenced the three current methods used for billing, and directed staff to come back to Council with recommendations on a single method for billing. Councilmember McCann referenced a letter on the dais to the Council from Larry Breitfelder, President, Chula Vista Taxpayers Association, referencing concerns about the proposed sewer rate increase. Councilmember McCann asked, and staff responded to questions about Mr. Breitfelder's concerns. Councilmember McCann asked staff if efforts had been made to establish a Joint Powers Agreement with other agencies. Mayor Cox responded, stating that as a member of the Metropolitan Wastewater Commission for the City, the topic of sewage credit and sewage reduction had been discussed at monthly meetings, and Chula Vista staff was working with the staff of the agencies represented in Metro to become responsible emitters of sewage treatment, and in the event that the credit did not surface, that the City would look at ways to create its own treatment plant. City Manager Garcia stated that although the City was not actively trying to achieve independence from the San Diego sewer system, the Council could begin discussions to pursue other options. Councilmember McCann stated that the City should explore alternative opportunities to avoid being at the mercy of Metro. Assistant City Manager Tulloch informed Council that the City recently completed a study together with Sweetwater Authority and Otay Water District, to look at taking a portion of the sewage produced in Chula Vista and to treat it to a level that would allow it to be used for reclaimed water. The study revealed that although it would not work on the Sweetwater side, it could be feasible on the Otay Water District side, and to build a plant that would accommodate the City's future build-out. He stated that staff was looking at various grant funding options for water reclamation, and would be meeting with the Bureau of Reclamation to discuss the matter. He added that staff believed it could be possible to bring in a plant with Otay Water District that would be financially feasible for the City. He stated that since the City was a member of a Joint Powers Authority, it provided the City the ability to bring in its own auditors to audit the City of Page 9 - Council Minutes j-q February 5, 2008 DRAFT PUBLIC HEARINGS (Continued) San Diego's process to ensure that the City was being charged only for those things treatment- related. Additionally, every one of the City of San Diego's capital expenditures comes before the JP A to make recommendations to the Mayor of San Diego as to whether or not projects should move forward. CounciImember McCann directed staff to arrange a future workshop to look at exploration of alternative opportunities for providing sewer service, and the ability to lower sewer rates. CounciImember Castaneda directed staff to: 1) move forward with a study on the allocation costs, based on water usage, and 2) create a policy and strategy that shows how the City would resolve the need for additional sewage buy-in from the Metro system. Mayor Cox referenced the letter on the dais submitted to the Council from Larry Breitfelder, President of the Chula Vista Taxpayers Association, who was opposed to the proposed sewer rate increases, stating that Mr. Breitfelder was also a member of the Otay Water Board. ACTION: Mayor Cox moved to adopt the following Resolution Nos. 2008-043 and 2008- 044, headings read, texts waived: A. RESOLUTION NO. 2008-043, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE IN SEWER SERVICE RATES FOR FISCAL YEARS 2007/2008 THROUGH 2009/2010 B. RESOLUTION NO. 2008-044, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE AMOUNT TO BE DEPOSITED INTO THE SEWERAGE FACILITIES REPLACEMENT FUND CounciImember McCann stated that he could not support the item and spoke of the need to implement a consolidated and online billing system. He stated that the proposed sewer increases were substantial to single-family residences and disproportionab1y larger for apartments and businesses, which he believed would detract new business for the City. He expressed concern about issues regarding forecasting of fee increases. CounciImember Ramirez spoke in favor of the City moving forward with options for processing its own sewage. Deputy Mayor Rindone directed staff to provide a report to Council on the assessment of single- family return rates. CounciImember Ramirez seconded the motion and it carried 3-2, with Councilmembers Castaneda and McCann voting no. Page 10 - Council Minutes February 5,2008 J- /0 .. . ,""".: DRAFT PUBLIC HEARINGS (Continued) 15. CONSIDERATION OF THE ADOPTION OF AN ORDINANCE ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE A report has been prepared to analyze potential traffic impacts of proposed new development on the west side of the City's transportation system and to calculate development impact fees based on that analysis. The City's Eastern Transportation Development Impact Fee (TDlF) Program was established on January 12, 1988, which is responsible for the equitable funding of transportation facilities east of I-80S. A similar program is proposed for Western Chula Vista to be called the Western Transportation Development Impact Fee (WTDlF) Program. (Engineering and General Services Director) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she then closed the public hearing. ACTION: Councilmember Castaneda moved to continue the item to the meeting of February 19,2008, at the request of staff. Mayor Cox seconded the motion and it carried 5-0. 16. CONSIDERATION OF AMENDMENT TO THE OTAYRANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN, VILLAGE CORE MASTER PRECISE PLAN (MPP), APPROVAL OF A REVISION TO THE TENTATIVE SUBDIVISION MAP, AND APPROVAL OF PARCEL TO ACCOMMODATE A CONDITIONAL USE PERMIT APPLICATION FOR CONCORDIA LUTHERAN CHURCH AND SCHOOL PROJECT TO BE LOCATED IN THE COMMUNITY PURPOSE FACILITY (CPF) SITE IN OTAYRANCHVILLAGE 11 Brookfield, Shea Otay, LP (Brookfield Homes and Shea Homes) applied to amend the Village Eleven Sectional Planning Area (SPA) Plan, Village Core Master Precise Plan (MPP), revise the Tentative Subdivision Map, and relocate easements through the recording of a new Parcel Map in order to accommodate a Conditional Use Permit application for Concordia Lutheran Church and School project to be located at the Community Purpose Facility (CPF) site in Otay Ranch Village 11. (planning and Building Director) Planning and Building Director Sandoval introduced the item and Associate Planner Phelps presented the Otay Ranch Windingwalk Village 11 amendment. Prior to commencement of the presentation, staffmember Phelps informed the Council that the presentation would be combined for Items 16 and 17, since action on Item 17 would rely upon approval ofItem 16. Mayor Cox opened the public hearing. David Poole, Brookfield Shea, current property owner, spoke in support of the proposed project. Page II - Council Minutes J - I I February 5, 2008 DRAFT PUBLIC HEARINGS (Continued) Pastor Richard Schmidt, representing Concordia Lutheran Church spoke in support of the proposed project. He then gave a presentation on the project site plan and explained the benefits of the proposed project on the community and City. The following members of the public spoke in support of the proposed project: Foster Ferguson, Chula Vista resident, representing Windingwalk residents Disa Zaiser, Chula Vista resident, representing Concordia Lutheran Church The following members of the public submitted speaker slips indicating support of the proposed project, but waived their right to speak: Dr. Wallace Turner, San Diego resident, representing Concordia University, Irvine Janet Rumsch Carl Lutz, Bonita resident Beverly Tumer, San Diego resident Tara Rodriguez, Chula Vista resident, representing Concordia Lutheran Church Holly Kimmel, Chula Vista resident, representing Windingwalk Agave/Saguaro Residents gave a presentation in opposition to the proposed project, and the community residents' concerns regarding the proposal to relocate the Town Square. The following members of the public submitted speaker slips in support of Item No. 17, but waived their right to speak: Dori Radichel, Chula Vista resident, representing Concordia Lutheran Church Rosie Pena, Chula Vista resident, representing Concordia Lutheran Church Richard P. Travers, San Diego resident, representing Concordia Lutheran Church Nancy Chase, Bonita resident, representing Concordia Lutheran Church Cheri Whitt, Chula Vista resident, representing Concordia Lutheran Church Herm Pena, Chula Vista resident, representing Concordia Lutheran Church Melissa Salomon, Chula Vista resident Jeffrey Jornlin, Chula Vista resident Antonio S. Pachelo, Chula Vista resident, representing Concordia Lutheran Church Bud Chase, Bonita resident, representing Concordia Lutheran Church Doris DeCant, Imperial Beach resident, representing Concordia Lutheran Church James Magnuson, San Diego resident, representing Concordia Lutheran Church Robert J. DeCant, Chula Vista resident, representing Concordia Lutheran Church Fran Atwood, Imperial Beach resident, representing Concordia Lutheran Church Conley Robinson, Bonita resident, representing Concordia Lutheran Church Kent Carson, Chula Vista resident, representing Concordia Lutheran Church Laura Partch, Chula Vista resident, representing Concordia Lutheran Church Betty M. Pieters, Chula Vista resident Kathleen Dibble Melissa Partch, Chula Vista resident, representing Concordia Lutheran Church Michelle Schmidt, Chula Vista resident Timothy Gerdes, Chula Vista resident William Whitt, Chula Vista resident, representing Concordia Lutheran Church Page 12 - Council Minutes I-I:;;" February 5, 2008 '.~~'\, ~:'~~;.~~;-. DRAFT PUBLIC HEARINGS (Continued) There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Mayor Cox noted that staff had submitted to the Council, a memorandum dated February 5, 2008 regarding comments received from residents of Windingwalk on Items 16 and 17, indicating opposition to the items. ACTION: A. B. Councilrnember McCann moved to adopt the following Resolution Nos. 2008- 045,2008-046, and 2008-047, headings read, texts waived: C. RESOLUTION NO. 2008-045, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND VILLAGE CORE MASTER PRECISE PLAN - BROOKFIELD SHEA OTA Y PROJECT L.P. RESOLUTION NO. 2008-046, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OT A Y PROJECT L.P., CHULA VISTA TRACT 07-02 RESOLUTION NO. 2008-047, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP ADJUSTING THE LOT LINES OF LOT 10 AND LOT "B" OF CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE II "A" MAP NO.2, MAP NO. 14780, WHICH ACCEPTS THE EASEMENT FOR PEDESTRIAN ACCESS GRANTED ON SAID PARCEL MAP, AND VACATES EASEMENTS FOR PEDESTRIAN ACCESS GRANTED PER DOCUMENT RECORDED DECEMBER 28,2005 AS DOCUMENT NO. 2005-1108997 AND GRANTED PER MAP NO. 14780, RECORDED APRIL 30, 2004, BOTH OF OFFICIAL RECORDS Councilrnember Castaneda seconded the motion and it carried 5-0. 17. CONSIDERATION OF AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT (pCC-07-064), AN APPLICATION BY CONCORDIA LUTHERAN CHURCH TO DEVELOP A CHURCH AND SCHOOL ON THE COMMUNITY PURPOSE FACILITY (CPF) SITE IN OTAY RANCH WINDINGWALK VILLAGE II Concordia Lutheran Church proposes a church, pre-school and elementary/middle school on a 5.5-acre Community Purpose Facility (CPF) site in Otay Ranch Village 11. If an amendment to the Sectional Planning Area (SPA) Plan and revisions to the Tentative Map are approved, the 5.5-acre CPF site would become the focal point center of the village instead of surrounding the Town Square Park (P-4), and the P-4 park would be relocated to the northeast corner of Discovery Falls Drive and Windingwalk Street. (Planning and Building Director) )~)3 February 5, 2008 Page 13 - Council Minutes DRAFT PUBLIC HEARINGS (Continued) Planning and Building Director Sandoval gave a brief overview on the item, adding that staff believed the safeguards in the conditional use permit would make the proposed project viable and a benefit to the neighborhood. Mayor Cox opened the public hearing. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt the following Resolution No. 2008-048, heading read, text waived: RESOLUTION NO. 2008-048, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL OF CONDITIONAL USE PERMIT (pCC-07-064), REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY THE CONDITIONAL USE PERMIT (pCC-07-064), AND APPROVING CONDITIONAL USE PERMIT (pCC-07-064) FOR THE DEVELOPMENT OF THE CONCORDIA LUTHERAN CHURCH, PRE-SCHOOL, AND PRIVATE ELEMENTARYIMIDDLE SCHOOL, LOCATED IN OTAY RANCH WlNDINGWALK VILLAGE 11, AT THE TERMINUS OF BIRCH ROAD AT DISCOVERY FALLS DRIVE Deputy Mayor Rindone seconded the motion and it carried 5-0. At 8:31 p.m. Mayor Cox announced a brief recess of the Council meeting. The Council meeting reconvened at 8:43 p.m., with all members present, except for Councilmember McCann who was absent from the dais. At this time, Mayor Cox announced that the Council meeting would recess to convene the joint meetings of the City Council, Redevelopment Agency, Housing Authority and Public Financing Authority. Mayor Cox reconvened the Council meeting at 9:21 p.m. with all members present. Item 18 was heard at this time. ACTION ITEMS 18. CONSIDERATION OF ADOPTION OF RESOLUTION DIRECTING STAFF TO IMPLEMENT TELEVISING OF CITY COUNCIL MEETINGS Adoption of the resolution will direct staff to proceed with the steps necessary to televise any meetings that are currently being streamed on the Internet, thus expanding the process for live viewing by citizens who do not have computer access. During the budgeting process for Fiscal Year 2007/2008, staff included approximately $2,000 to fund the cost of material, equipment and labor needed for implementation. (Information Teclmology Services Director) Director of Information and Technical Services Vignapiano explained the proposed televising of various meetings implementation. Page 14 - Council Minutes j- JLf February 5, 2008 '.' DRAFT ACTION ITEMS (Continued) Councilmember McCann did not view the proposed televising as a necessity, and requested that the matter be postponed for the next budget cycle. ACTION: Mayor Cox moved to adopt the following Resolution No. 2008-049, heading read, text waived: RESOLUTION NO. 2008-049, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PROCEED WITH STEPS NECESSARY TO TELEVISE CITY COUNCIL MEETINGS AND WHATEVER WORK SESSIONS, COMMISSION AND COMMITTEE MEETINGS ARE APPROPRIATE Councilmember Castaneda seconded the motion and it carried 4-1, with Councilmember McCann voting no. OTHER BUSINESS 19. CITY MANAGER'S REPORTS City Manager Garcia reminded the Council of the upcoming Council Workshop on Thursday, February 7,2008 at 6:00 p.m., to discuss the Missing Infrastructure Management Program. 20. MAYOR'S REPORTS A. Ratification of the appointment of Susan O'Shaughnessy to the Cultural Arts Commission. B. Ratification of the appointment of Ricardo Balvaneda to the Design Review Committee. c. Ratification of the appointment of Enrique Martinez to the Design Review Committee. ACTION: Mayor Cox moved to approve the ratification of appointment of Susan O'Shaughnessy, Ricardo Balvaneda, and Enrique Martinez to the Cultural Arts Commission and Design Review Committee respectively. Councilmember McCann seconded the motion and it carried 5-0. Mayor Cox spoke with respect to Mr. Earl Jentz's height initiative, stating that it was important to know the fiscal impact of the initiative on the City, and therefore, the Council subcommittee believed that an independently conducted impartial fiscal analysis should be undertaken, with referral to the City Manager. Page 15 - Council Minutes )-1.5 February 5, 2008 DRAFT OTHER BUSINESS (Continued) Mayor Cox, on behalf of the Legislative Subcommittee, referred to the City Manager and City Attorney, a request to present to the Council, an ordinance to be considered by the Council for adoption, limiting the height of new construction on Third Avenue, between E Street and G Street to three stories, requiring construction on that segment of property, to be consistent with nationally-recognized green building standards. She added that this would be a pilot project example of high quality urban living. Mayor Cox also requested on behalf of the Legislative Subcommittee, that Council docket a companion ballot item for the June 8, 2008 election. She stated that Council had expressed its concem at the January 22,2008 Council meeting regarding the consequences of the Jentz Height Initiative on hospitals, particularly on Scripps Hospital. The Council Subcommittee concluded that everyone deserved quality healthcare in well-equipped modern hospital facilities. Since the last Council Meeting, concerns were also raised regarding the impact of the initiative on the City's university, courthouses, and senior housing. The Subcommittee directed the City Manager and City Attorney to draft for the Council's consideration, a companion ballot item that addresses the unintended consequences of projects that almost everyone typically supports, such as places of worship and higher education. Mayor Cox believed that everyone recognized that guidelines for public safety, community and healthcare projects should contain standards that require case-by-case analysis and are held to environmental scrutiny and public review. Mayor Cox stated that the City received responses from the Public Utilities Commission and California Independent Service Operators regarding the decision to demolish and decommission the plant, and informing the community that the City did not have the ultimate authority to demolish the plant, that such a decision would be that of the Public Utilities Commission. Mayor Cox stated that the House of Blues was lining up candidates to begin seeking a new sponsorship for the Chula Vista amphitheatre. 21. COUNCIL COMMENTS Councilmember Ramirez encouraged everyone to vote. He then spoke about a recent meeting he conducted during his public office hours that discussed the expansion of the peaker plant, and reported that the group present at the meeting were strongly opposed to any expansion, citing concerns about environmental impacts on the community. Councilmember Castaneda referenced a letter he received from William Yancy regarding the quick action taken by Public Works Supervisor, Joseph Burgos, who went above and beyond to repair a recent sewage spill. Councilmember Castaneda extended his congratulations to Mr. Burgos. Page 16 - Council Minutes /-/0 February 5, 2008 DRAFT OTHER BUSINESS (Continued) Councilmember McCann spoke about the recent Super bowl event and reminded everyone of the significant benefits of retaining the San Diego Chargers in our region. He also offered to lend his support on a financial analysis of the impact of the initiatives. Deputy Mayor Rindone stated he also held public office hours and would be happy to accommodate anyone who wished to meet with him. He then stated he attended a recent MMC public hearing and believed that the California Energy Commission did address questions of the community, and many of the concerns addressed were resolved. Deputy Mayor Rindone commented on the January 31, 2008 investment report by Finance Director Kachadoorian, and was pleased to note that no overall cash flow problems were anticipated for the next six months. He then invited his colleagues to attend a reception to support retention of the San Diego Junior Theatre locally. The reception was scheduled for February 8, 2008, at 5:30 p.m. at the San Diego Junior Theatre. The Council Meeting adjourned to closed session at 9:57 p.m. CLOSED SESSION Items 22, 24, and 25 were not discussed and no action was taken. 22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Cable franchise for the right to operate and provide a cable television system within the City (pertaining to public rights-of-way throughout the City of Chula Vista, thereby creating possessory interests in real property pursuant to California Government Code 953066 and California Revenue and Taxation Code 9107.7). Agency negotiators: Scott Tulloch and Michael Meacham. Negotiating parties: City of Chula Vista; Ultronics, Inc. (Barbara Altbaum); Nexhorizon Communications (Kevin D. Smiley). Under negotiation: Price and terms of payment for franchise conveyance. 23. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One case ACTION: Direction was given to legal Counsel to send a letter to Gerald Scott denying Brown Act Claim. Page 17 - Council Minutes )- /1 February 5, 2008 DRAFT CLOSED SESSION (Continued) 24. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor No. 644070100 Negotiating Parties: Curt Noland, Jim Sandoval, Ann Moore Under Negotiation: Price and Terms 25. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor No. 6440801000 Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore Under Negotiation: Price and Terms ADJOURNMENT At 10:20 p.m., Mayor Cox adjourned the meeting to the Adjourned Regular Meeting of February 7,2008 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 18 - Council Mioutes J- J fj February 5, 2008 ." .".' .