HomeMy WebLinkAbout2009/10/20 Item 1
DRAFT
MINUTES OF A JOINT REGULAR MEETING OF THE
CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
June 16,2009
6:00 P.M.
A joint Regular Meeting of the City Council and the Redevelopment Agency of the City of
Chula Vista was called to order at 6:03 p.m. in the Council Chambers, located in City Hall, 276
Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Council! Agency Members Bensoussan, Castaneda, McCann,
Ramirez, and Mayor Cox
ABSENT: None
ALSO PRESENT: City ManagerlExecutive Director Sandoval, City Attorney/General
Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk
Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR
(Items 1-5)
1. APPROV AL OF MINUTES of the Regular and Special Meetings of Fcbruary 17,
February 19, and March 3, 2009.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 3130, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ELIMINATE THE
FOLLOWING TITLES - ANIMAL CONTROL MANAGER, ASSISTANT DIRECTOR
OF BUDGET AND ANALYSIS, ASSIST ANT DIRECTOR OF BUILDING AND
HOUSING, ASSISTANT DIRECTOR OF HUMAN RESOURCES, ASSISTANT
DIRECTOR OF PLANNING, ASSISTAt'-'T DIRECTOR OF RECREATION,
ASSISTANT FIRE CHIEF, ASSISTANT LIBRARY DIRECTOR, CBAG BUDGET
MANAGER, CBAG LEAD PROGRAMMER ANALYST, CHIEF OF STAFF,
COAST ALl ENVIRONMENTAL POLICY CONSULTANT, DIRECTOR OF BUDGET
AND ANALYSIS, DIRECTOR OF COMMUNICATIONS, EXECUTIVE,ASSISTANT
TO THE CITY MANAGER, GOVERNMENT RELATIONS LIAISON, PARKS AND
OPEN SPACE MANAGER, SPECIAL PROJECTS MANAGER; AND TO ADD THE
FOLLOWING TITLES - ANIMAL CARE FACILITY MANAGER, BUDGET AND
ANAL YSIS MANAGER, COMMUNICA TIONS COORDINATOR, DEPUTY FIRE
CHIEF, At'-'D FIRE DIVISION CHIEF (4/5THS VOTE REQUIRED -- SECOND
READING AND ADOPTION)
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DRAFT
CONSENT CALENDAR (Continued)
Adoption of the ordinance amends Chula Vista Municipal Code Section 2.05.010 to
update the list of titles of unclassified positions. This ordinance was introduced on June
9,2009. (Director of Finance)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION NO. 2009-140, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR
THE CITY OF CHULA VISTA FOR FISCAL YEAR 2009/2010
Article XlIIB of the California Constitution approved by the voters in 1979 and
commonly referred to as the Gann Initiative, requires each local government to establish
an Appropriations Limit by resolution each year at a regularly scheduled meeting or
noticed special meeting. The purpose of the limit is to restrict spending of certain types
of revenues to a level predicated on a base year amount increased annually by an inflation
factor. (Director of Finance)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2009-141, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS FOR OT A Y PROJECT,
L.P. FOR THE CONSTRUCTION OF LA MEDIA ROAD
Otay Project, L.P. has constructed La Media Road from Santa Venetia Street to Birch
Road, in conjunction with the development of Otay Ranch Village 6. This roadway is
within the Transportation Development Impact Fee (TDIF) program, and therefore,
eligible construction costs are credited against the payment of TDIF fees required for the
development. Cumulative change orders totaling $50,000 or more are subject to Council
approval. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2009-142, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS FOR SAN
MIGUEL RANCH PLANNING AREA K WITH ORA BONTERRA 52, LLC
On January 24, 2006 by Resolution No. 2006-026, the Council approved San Miguel
Ranch Phase 3 "B" Map for Planning Area K and the associated subdivision
improvement agreement. The subdivision improvement agreement has since expired and
a new developer has acquired Planning Area K. Adoption of the resolution approves a
subdivision improvement agreement with the new owner, ORA Bonterra 52, LLC.
(Deputy City ManagerlDevelopment Services Director)
Staff recommendation: Council adopt the resolution.
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DRAFT
CONSENT CALENDAR (Continued)
ACTION:
Mayor Cox moved to approve staffs recommendations and offered the Consent
Calendar (Items 1-5), headings read, text waived. Deputy Mayor McCann
seconded the motion and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Jack Stanley, Chula Vista resident, suggested disbanding the Redevelopment Agency, closing the
Redevelopment Department, reorganizing the building permit issuing process, and re-negotiating
City labor contracts.
Steve Eastis, Chula Vista resident, rerresenting the Third Avenue Village Association,
announced the Pet Fest event on June 20' at the Memorial Bowl, the free Village Five Concert
Series beginning July 15th and running through August, the ongoing Farmers Market on
Thursdays, and the Lemon Festival scheduled for August 9th
Larry Breitfelder, Chula Vista resident, suggested implementation of an incentive program for
employees' performance or suggestions that save the City money.
Item 10 was taken out of order and addressed at this time.
10. MA YOR'S REPORTS
Update from Port Commissioner William Hall
Commissioner Hall provided an update regarding the City's bayfront plan. He reported that 1)
strengthened communications between the Port District and the City had been accomplished by
designating key staff members from the City to work with the Port; 2) Chula Vista's top
priorities had been presented to the Port; 3) ongoing negotiations between the City and Port had
been substantial and productive; 4) negotiations between Pacifica, San Diego Labor Council and
Unite Here had been ongoing and productive; 5) the Port had requested expedited settlement
regarding the terms of an agreement between the Port and Pacifica; 6) etIective discussions
related to the working relationships between the City, Port, and to a degree, Pacifica, regarding
environmental issues were a highlight of progress made, and key to moving the HI3 and H14
parcels forward quickly; 7) funding of line items for the City had gone forward in the Port
District's budget, including completion of the Environmental Impact Report, H Street
engineering study and analysis, and completion of the H Street extension.
Mayor Cox stated that Commissioner Hall would return to the Council with another update in
July.
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June 16. 2009
DRAFT
PUBLIC HEARINGS
6. CONSIDERATION OF MODIFICATION OF THE POGGI CANYON SEWER BASIN
DEVELOPMENT IMPACT FEE
The Poggi Canyon Gravity Sewer Basin Development Impact Fee was established on
November 25, 1997 to facilitate construction of the Poggi Canyon trunk sewer, which
was needed to serve properties within the Poggi Canyon Basin. Adoption of the
ordinance approves the first update to the fee, reducing the Poggi Canyon Sewer Basin
Development Impact Fee from $400 to $265 per Equivalent Dwelling Unit. (Director of
Public Works)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox announced that Deputy Mayor McCann would be abstaining from voting on the
item. He left the dais at 6:23 p.m.
Assistant Director of Engineering Quilantan provided information on the proposed reduction of
the Poggi Canyon Sewer Basin Development Impact Fee.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2009-143, and to place
the Ordinance on first reading, headings read, text waived:
A.
RESOLUTION NO. 2009-143, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING THE "POGGI CANYON BASIN
GRAVITY SEWER DEVELOPMENT IMPACT FEE UPDATE" REPORT
B.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE
2716 TO UPDATE THE POGGI CANYON SEWER BASIN DEVELOPMENT
IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE
POGGI CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF
BUILDING PERMITS (FIRST READING)
Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy
Mayor McCann abstaining.
Deputy Mayor McCann returned to the dais at 6:27 p.m.
ACTION ITEMS
7. CONSIDERATION OF ENTERING INTO A PROPERTY USE LICENSE
AGREEMENT WITH PIMA MEDICAL INSTITUTE
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DRAFT
ACTION ITEMS (Continued)
PIMA Medical Institute (PIMA) is seeking to partner with the City of Chula Vista to
expand and improve the Animal Care Facility. Adoption of the resolution approves
entering into a property use license agreement with PIMA. The agreement requires
improvements be made to the City-owned, vacant lot next to the Animal Care Facility,
and allows PIMA to provide its veterinary training program at the Animal Care Facility.
If approved, PIMA would provide animal care services and equipment for the Animal
Care Facility. (Public Works Director)
Real Property Manager Ryals provided an overview of the property use license agreement
between the City and PIMA Medical Institute for a training and educational facility adjacent to
the Animal Shelter. He then introduced Fred Freedman and James Volpe, representing PIMA
Institute, who spoke about PIMA's programs and partnerships.
Councilmember Bensoussan stated that the Animal Care Facility Subcommittee, comprised of
she and Councilmember Ramirez, was supportive of the proposed agreement.
ACTION:
Councilmember Bensoussan moved to adopt the following Resolution No. 2009-
144, heading read, text waived:
RESOLUTION NO. 2009-144, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE
LICENSE AGREEMENT WITH VOCATIONAL TRAINING INSTITUTE DBA
PIMA MEDICAL INSTITUTE, INC.
Councilmember Ramirez seconded the motion and it carried 5-0.
8. CONSIDERATION OF APPRO V AL BY THE REDEVELOPMENT AGENCY OF AN
AMENDMENT TO THE GA TEW A Y CHULA VISTA DISPOSITION AND
DEVELOPMENT AGREEMENT
The Gateway Chula Vista Disposition and Development Agreement was approved June
6, 2000, for the development and operation of a phased First Class, First Quality mixed-
use commercial/office project. The first and second phases have been realized, however,
the third and tinal phase will not meet the construction deadline of June 30, 2009. The
seventh amendment to the agreement provides for changes to ret1ect the current
anticipated construction timetfame for Phase III, and recommends the Phase III
completion date be extended to December 31, 2014. (Deputy City ManagerfDevelopment
Services Director)
Staff recommendation: Redevelopment Agency adopt the following resolution:
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY.OF
CHULA VISTA ADOPTING THE SEVENTH AMENDMENT TO THE
GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT
AGREEMENT (DDA)
Mayor Cox announced that Item 8 was continued to the June 23, 2009 Council meeting.
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DRAFT
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
City Manager Sandoval announced that the City had received a commendation from outside
auditors on its effective risk management practices. He thanked Risk Management staff for their
work in doing more with less.
10. MA YOR'S REPORTS
. Update from Port Commissioner William Hall
The update from Mr. Hall was taken out of order and heard after Public Comments.
Mayor Cox announced that June 23,2009 was Olympic Day, which would be acknowledged by
a proclamation from the City to the Director of the Chula Vista Olympic Training Center. She
noted that the 2016 Olympics would be hosted by the City of Chicago. She also stated that a pre-
centennial event and ice-cream social was scheduled for August 2nd at Goodrich Aerostructures,
and tickets for the event would be sold at $25 per ticket. Mayor Cox then announced that the
City had received an honorable mention by the Sierra Club for its work on Climate Change, and
she thanked Environmental and Conservation Director Meacham and his staff for their work.
Mayor Cox referred to a resolution from the League of California Cities that had been distributed
to the Council regarding the State taking away the City's Highway Users Tax, and suggested that
the Council approve the proposed resolution.
ACTION:
Mayor Cox moved that the Council consider the proposed resolution at this
meeting. Councilmember Bensoussan seconded the motion.
City Attorney Miesfeld advised that the City Council should first make a finding that the need
for action came to the attention of the City subsequent to the agenda being posted, and that there
was a need to take immediate action.
ACTION:
Mayor Cox, following the advice provided by Mr. Miesfeld, so amended her
motion. Councilmember Bensoussan seconded the motion, and it carried 5-0.
Mayor Cox further explained that if the State legislature was successful in seizing the Highway
Users Tax, it had no obligation to pay it back. City Manager Sandoval added that the residents
would be directly affected by the potential takeaway, as City streets would be left in disrepair.
He further stated that the League of California Cities would be looking into the legality of such a
takeaway.
Deputy Mayor McCann encouraged the community to contact local representatives to ask for
support.
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DRAFT
OTHER BUSINESS (Continued)
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2009-139, heading read,
text waived:
RESOLUTION NO. 2009-139, RESOLUTION OF THE CITY COUNCIL OF
TI-IE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY TO
COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, AND OTHER
CITIES AND COUNTIES IN LlTIGA TION CHALLENGING THE
CONSTITUTION OF ANY SEIZURE BY STATE GOVER.1'\fMENT OF THE
CITY'S SHARE OF THE I-IIGHW A Y USERS TAX ACCOUNT FUNDS
Councilmember Castaneda seconded the motion, and it carried 5-0.
Mayor Cox announced that she and other Mayors throughout California would be in Sacramento
on July 16th and 17th to look at both short-term and long-term effects of the State legislature's
actions.
II. COUNCILMEMBERS' COMMENTS
Deputy Mayor McCann:
A. Motion to cut the Mayor's and Councilmembers' pay by 10%, and return
savings to the General Fund, to be used to save core services (Police, Fire,
Libraries, Public Works and Parks).
B. Motion to have the Mayor's and Councilmembers' pay their individual
share of the California Public Employee Retirement System (CaIPers)
retirement contribution, and return savings to the General Fund, to be used
to save core services (Police, Fire, Libraries, Public Works and Parks).
C. Motion to eliminate the Mayor's and Councilmembers' funding for travel
and conferences, and return savings to the General Fund, to be used to
save core services (Police, Fire, Libraries, Public Works and Parks).
D. Motion to cut the City's Executive, Senior, and Mid-level managers' pay
by 10%, and return 50% of the savings to the General Fund to be used to
save core services (Police, Fire, Libraries, Public Works, and Parks), and
return 50% of the savings to the City's reserves.
Deputy Mayor McCann asked about a previous referral to staff for the numbcr of non-public
safety City employees with take-home cars. City Manager Sandoval responded that the report
was forthcoming.
Deputy Mayor McCann asked for an update on thc number of employees that were employed by
the City last year, as compared with the projected number of employees this year.
Derrick Dudley, Chula Vista resident, representing Chula Vista Civic Association, spoke in
support ofreforming Chula Vista, and looking at the budgets of the Council seats.
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OTHER BUSINESS (Continued)
Yvonne Mayfield, Chula Vista resident, representing the Chula Vista Civic Association, spoke in
support of Deputy Mayor McCann's proposals.
Gary Tillman, Chula Vista resident, representing Chula Vista Civic Association, spoke m
support of Deputy Mayor McCann's proposals.
Isabelle Espino, Chula Vista resident, representing the Chula Vista Civic Association, spoke in
support of Deputy Mayor McCann's proposals. She also commented on the inadequate library
hours at Eastlake Library, and spoke in opposition to rolling car allowances into staff salaries.
Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, spoke m
support of Deputy Mayor McCann's proposals.
Alicia McGinnis, Chula Vista resident, representing Chula Vista Civic Association, spoke in
support of Deputy Mayor McCann's proposals. She urged the Council to forgo any City-related
travel outside of its jurisdiction, to work with constituents to resolve problems, support local
business, and to utilize the travel savings for police, fire, libraries, and recreation.
Chris Altbaum, Chula Vista resident, spoke in support of Deputy Mayor McCann's proposals.
He spoke in opposition to the rollover of car allowances into staff salaries.
ACTION:
Deputy Mayor McCann moved to adopt Items II A, B, and C. The motion died
for lack of a second.
Councilmember Ramirez asked City Manager Sandoval to clarify the rollover of auto allowances
into staff paychecks. City Manager Sandoval responded that the take-home pay was reduced,
since the auto allowances were reduced by 10%.
ACTION:
Deputy Mayor McCann moved to adopt Item lID, heading read, text waived.
The motion died for lack of a second.
Deputy Mayor McCann wished everyone a happy Father's Day.
Councilmember Castaneda also wished all Fathers a happy Father's Day.
Council member Ramirez wished his Father a happy Father's Day.
Council member Bensoussan wished a happy Father's Day to the Fathers of the Mayor and
Councilmembers. She announced that an Energy Subcommittee Meeting was scheduled for June
23rd at 2:00 p.m. in the Council Chambers. She acknowledged Adam Sparks, owner of Mangia
Italiano Restaurant, who was present at the meeting, and stated that the restaurant provided live
Latin jazz music on Thursday nights.
Mayor Cox stated that beginning July 14th, Council meetings would commence at 4:00 p.m. She
noted that public hearings scheduled for the June 23rd Council meeting were noticed for, and
would be heard, at 6:00 p.m. It was the consensus of the Council to convene in Closed Session
on June 23rd at 5:00 p.m., followed by commencement of the Regular Council Meeting at 6:00
p.m.
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DRAFT
OTHER BUSINESS (Continued)
Mayor Cox announced that the meeting would adjourn in memory of Bud Gray, former City
Planning Director. Councilmember Castaneda also extended his condolences to family and
friends of Bud Gray. He also asked to adjourn in memory ofGerri Warren, wife ofJohn Warren,
publisher and editor of the Voice and Viewpoint newspaper, and stated that Ms. Warren had
made many contributions to the community.
Mayor Cox recessed the meeting to convene in Closed Session at 8:03 p.m.
CLOSED SESSION
12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERt'JMENT
CODE SECTION 54957.6
Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon,
Bart Miesfeld, Maria Kachadoorian, Rod Betts
Employee organization: IAFF
No reportable action was taken on this item.
13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERt'JMENT
CODE SECTION 54957.6
Agency designated representatives: Jim Sandoval, Bart Miesfeld, Kelley Bacon,
Maria Kachadoorian
Unrepresented employee: Assistant City Manager
ACTION: The Council voted 4-1, with Deputy Mayor McCann opposed, to authorize the City
Manager to negotiate a contract with Scott Tulloch for the position of Assistant City Manger.
14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
.
One case
This item was not discussed, and no action was taken.
ADJOURNMENT
At 8:28 p.m., Mayor Cox adjourned the meeting in memory of Bud Gray and Gerri Warren, to
the Regular City Council Meeting of June 23, 2009 in the City Council Chambers.
~
Lorraine Bennett, CMC, Deputy City Clerk
-"::i.::>
~..._~
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