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HomeMy WebLinkAboutrda min 2009/06/16 CCMINUTES 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 Manager/Executive 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) APPROVAL OF MINUTES of the Regular and Special Meetings of February ] 7, 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, ASSISTANT DIRECTOR OF BUILDING AND HOUSING, ASSISTANT DIRECTOR OF HUMAN RESOURCES, ASSISTANT DIRECTOR OF PLANNING, ASSISTANT DIRECTOR OF RECREATION, ASSISTANT FIRE CHIEF, ASSISTANT LIBRARY DIRECTOR, CBAG BUDGET MANAGER, CBAG LEAD PROGRAMMER ANALYST, CHIEF OF STAFF, COASTAL/ 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 ANALYSIS MANAGER, COMMUNICATIONS COORDINATOR, DEPUTY FIRE CHIEF, AND FIRE DIVISION CHIEF (4/STHS VOTE REQUIRED -- SECOND READING AND ADOPTION) Page 1 -Council Minutes June 16, 2009 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 XIIIB 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 regulazly 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 yeaz 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 OTAY 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 anew 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 Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes Juue 16, 2009 CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staff's recommendations and offered the Consent Calendaz (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, representing the Third Avenue Village Association, announced the Pet Fest event on June 20t at the Memorial Bowl, the free Village Five Concert Series beginning July 15th and rumiing through August, the ongoing Farmers Mazket on Thursdays, and the Lemon Festival scheduled for August 9`h. 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. ]0. MAYOR'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) effective 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 H13 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. Page 3 -Council Minutes June 16, 2009 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 Page 4 -Council Minutes June 16, 2009 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 APPROVAL BY THE REDEVELOPMENT AGENCY OF AN AMENDMENT TO THE GATEWAY 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 final phase will not meet the construction deadline of June 30, 2009. The seventh amendment to the agreement provides for changes to reflect the current anticipated construction timeframe for Phase III, and recommends the Phase III completion date be extended to December 31, 2014. (Deputy City Manager/Development 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. Page 5 -Council Minutes June 16, 2009 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. MAYOR'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 apre- centennial event and ice-cream social was scheduled for August 2"d at Goodrich Aerostrvctures, 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 Califomia 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. Page 6 -Council Minutes June 16, 2009 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 THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, AND OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTION OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S SHARE OF THE HIGHWAY 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 16`" and 17`h to look at both short-term and long-term effects of the State legislature's actions. l 1. 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 (CalPers) 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 ] 0%, 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 number 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 the number of employees that were employed by the City last year, as compared with the projected number of employees this year. Demck Dudley, Chula Vista resident, representing Chula Vista Civic Association, spoke in support of reforming Chula Vista, and looking at the budgets of the Council seats. Page 7 -Council Minutes June 16,2009 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 in 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 in 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 caz allowances into staff salaries. ACTION: Deputy Mayor McCann moved to adopt Items 11 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 11D, 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 Councilmember Ramirez wished his Father a happy Father's Day. Councilmember 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 23`d at 2:00 p.m. in the Council Chambers. She acknowledged Adam Spazks, 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 14a', 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 23`d at 5:00 p.m., followed by commencement of the Regular Council Meeting at 6:00 p.m. Page S -Council Minutes June 16, 2009 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 of Gerri Warren, wife of John 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 GOVERNMENT 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 GOVERNMENT 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 Regulaz City Council Meeting of June 23, 2009 in the City Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 9 -Council Minutes June 16, 2009