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HomeMy WebLinkAboutcc min 2006/07/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 25. 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:20 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Mayor Padilla ABSENT: Councilmembers: Rindone (excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OA TH OF OFFICE Lisa Moctezuma - Planning Commission Deputy City Clerk Bennett administered the oath of office to Lisa Moctezuma, and Deputy Mayor McCann presented Ms. Moctezuma with a certificate of appointment. . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED AND RECENTL Y PROMOTED EMPLOYEES Police Chief Emerson introduced the recently hired and promoted officers. Deputy City Clerk Bennett administered the oath of office to Officers Roberto Lemus and Christopher Bayless. . DID YOU KNOW...CHULA VISTA IS GETTING A MAKEOVER...ONE HOME AT A TIME? Presented by Brad Remp, Assistant Director of Planning and Building/Building Official. Dr. Emerald Randolph gave a brief overview of the Christmas In October program that will take place on Saturday, October 7, 2006. She explained that the program is in its eighth year and during that time has provided home improvements to 65 elderly or disabled low-income homeo~ners. She thanked all the citizens and City staff volunteers involved in the program, and announced Patty Davis as the 2006-2007 Honorary Chairperson. She said that applications with contact information on the program would be available outside the Council Chambers. Assistant Director of Building and Housing Remp provided examples of some of the 2005 home improvements, and stated that the deadline to submit applications for this year's program is Monday. July 31 st. SPECIAL ORDERS OF THE DAY (Continued) Deputy Mayor McCann recognized and thanked Dr. Randolph and former Councilmember Patty Davis for their dedication to the program. He encouraged the community to call 619/691-5213 for Christmas In October contact information and/or volunteer participation. Mayor Padilla expressed appreciation to all the community volunteers and sponsors of the Christmas In October program. He particularly recognized the ongoing legacy of former Councilmember Patty Davis' dedication to the program. CONSENT CALENDAR (Items 1 through 6) Deputy Mayor McCann stated that he would abstain from voting on Items 1 B and 3 due to the proximity of his property to the project areas. Councilmember Castaneda stated that he would abstain from voting on Item 1A due to the proximity of his property to the project area. Mayor Padilla stated that he would abstain from voting on Item 4, due to the proximity of his property to the district. 1. A. ORDINANCE NO. 2006-3038, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING REDEVELOPMENT PLANS FOR THE MERGED BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (ONL Y PERTAINING TO BA YFRONT ORIGINAL AND TOWN CENTRE I), PURSUANT TO SENATE BILL 1096 (CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6 (SECOND READING) B. ORDINANCE NO. 2006-3039, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA (ONLY PERTAINING TO TOWN CENTRE II ORIGINAL AND OTAY VALLEY), PURSUANT TO SENATE BILL 1096 (CHAPTER 211, STATUTES OF 2004) AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6 (SECOND READING During Fiscal Years 2004/2005 and 2005/2006, the Redevelopment Agency was required by Senate Bill 1096 (Chapter 211, Statutes of 2004) to make payments to a special state account - the Educational Revenue Augmentation Fund (ERAF). To compensate redevelopment agencies for these "ERAF shifts," the State Legislature (through Senate Bill 1 096) authorized agencies to extend the effectiveness of their redevelopment plans by up to two years, provided the Agency can make certain findings. The proposed ordinances contain the necessary findings. These ordinances were introduced on July 18, 2006. (Acting Community Development Director) Staff recommendation: Council adopt the ordinances. Page 2 - Council Minutes July 25,2006 CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2006-223, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2006/2007 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 08-M, 08- I. ll-M, 12-1. 13-1. AND l2-M: AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Adoption of the resolution authorizes the levy of a special tax in each of the districts to pay for the maintenance of open space, preserve areas, and public facilities, or to repay bondholders. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2006-224. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2006/2007 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Adoption of the resolution authorizes the levy of a special tax in each of the districts to pay for the maintenance of open space, preserve areas, and public facilities, or to repay bondholders. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-225, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2006/2007 WITHIN COMMUNITY FACILITIES DISTRICTS 07-1. 09-M, AND 97-2: AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO EST ABLlSH THE SPECIAL TAX FOR EACH DISTRICT Adoption of the resolution authorizes the levy of a special tax in each of the districts to pay for the maintenance of open space, preserve areas, and public facilities, or to repay bondholders. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-226, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 120-DA Y EXTENSION TO THE DEFERRAL OF THE PORTION COMPREHENSIVE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8, 9. 10lUNIVERSITY AREA OF OT A Y RANCH On December 13, 2006, the Council approved the City's Comprehensive General Plan Update, with the exception ofthe area comprised of Villages 8, 9, and 10/University area within Otay Ranch, which was deferred. Adoption of the resolution approves a l20-day extension of the deferral to continue exploring the feasibility of potential land use changes with the affected property o~ners. (Director of Planning and Building) Staff recommendation: Council adopt the resol uti on. Page 3 - Council Minutes July 25, 2006 CONSENT CALENDAR (Continued) 6. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING AND IMPROVEMENT MANAGER AND TO DELETE THE POSITIONS OF COMMUNITY LIAISON (ASSIGNED TO THE OFFICE OF THE MA YOR AND COUNCIL), BUILDING AND PARK CONSTRUCTION MANAGER, CBAG OPERATIONS/INTELLIGENCE COORDINATOR, AND DIRECTOR OF EMPLOYEE DEVELOPMENT (FIRST READING Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by ordinance. Adoption of the ordinance adds the unclassified position titles of Executive Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and Development Planning Improvement Manager to Municipal Code Section 2.05.010. The following positions are being deleted from Municipal Code Section 2.05.010: Community Liaison (Assigned to the Office of the Mayor and Council), Building and Park Construction Manager, CBAG Operations/Intelligence Coordinator, and Director of Employee Development. (Budget and Analysis Director) Staff recommendation: Council place the ordinance on first reading. ACTION: Mayor Padilla offered the Consent Calendar, headings read, texts waived. The motion carried 4-0 with the exceptions of Item 1 A, which carried 3-0-1 with Councilmember Castaneda abstaining due to the proximity of his property to the project area; Items 1 Band 3, which carried 3-0-1 with Deputy Mayor McCann abstaining due to the proximity of his property to the project areas; and Item 4, which carried 3-0-1 with Mayor Padilla abstaining due to the proximity of his property to the district. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Elroy Kihano, representing the Sunbow II Daybreak community, stated that his neighborhood would be submitting a petition on public safety to the Council. Over the past year and a half, the residents have experienced ongoing property crime, auto thefts and home burglaries that usually occur between midnight and 5:00 a.m. He stated that the purpose of the petition was to outline neighborhood concerns and questions. Mr. Kihano questioned whether other neighborhoods were experiencing similar problems, and he suggested that community members from both the east and west sides of the City be provided the opportunity to gather to discuss the issues among themselves and collaborate on methods to address the problems. Page 4 - Council Minutes July 25, 2006 PUBLIC COMMENTS (Continued) Joseph Mack, former manager of the Twin Oaks Villas Apartments, stated that the apartments had recently been purchased for condominium conversion, and the property o~er kicked the tenants out with less than 30 days' notice. He stated that the conversion had somehow been approved by the City, with no notification provided to the tenants or neighbors. He suggested that the Council view the property, as its present condition is a disgrace, and he was hopeful that this would not happen to anyone else in the City. Mayor Padilla asked that the appropriate City staff contact Mr. Mack on the matter. Marvin Winters spoke in support of the proposed lobbying ordinance brought forward by Councilmember Chavez, stating that it is essential for the City to move forward with the ordinance in a comprehensive manner. He asked that the City do the right thing by implementing a transparent lobbying reform act. He stated that other than Councilmember Chavez, no Councilmembers have returned his phone calls on the matter, and he expressed concern that there is hesitation among some Councilmembers about adopting a comprehensive lobbying act. He said he was hopeful he would hear from other Councilmembers. Deputy Mayor McCann, with concurrence by Mayor Padilla on behalf of Council, stated that he would make himself available to meet with Mr. Winters. Joycelin Thomas Gomez spoke regarding issues associated with the quality of life in the Lomas Verdes II neighborhood. She stated that her new home had been permeated with excessive dust from nearby land excavations, and the City had not held the developer, Baldwin Company, accountable. She then referenced three penal codes and a Chula Vista Police incident report, stating that she reported a noise complaint regarding the CORR off-road concert, demanding that the promoter be arrested, and has yet to be contacted by the Police Department regarding her complaint. She stated that there needed to be a cut-off point; the City is allowing developers to make millions of dollars at the expense of its citizens, and the Police Department is not doing its job. She asked the Council to hold everyone accountable. Peter Watry spoke regarding the displacement of residents of Jade Bay Mobilehome Park with the goal of offering suggestions on how the Council might solve this issue, as well as address all the properties from Jade Bay to H Street, between Broadway and Interstate 5. He stated that the Urban Core Specific Plan would up-zone all those properties, creating windfall gains. He believed that some of the windfall gains ought to be used to ensure that the people being displaced end up no worse than they are now. He explained the "gross rent multiplier" as a means to estimate Jade Bay's windfall gain. He suggested that the Council send a letter to the owner of Jade Bay, with copies to other property owners in the area, explaining that until the City finds a way to revitalize without hurting a lot of poor people, it is going to temporarily pull Jade Bay out of the Urban Core Specific Plan. He also suggested perhaps calling a meeting of all the property owners to see if there is some cooperative way that they and the City can use part of the windfall gains to help relocate tenants and assist mobilehome owners from losing all the value of their principle asset, their mobilehome. Parks Pemberton spoke in support of Mr. Watry's suggestions, stating that people have already been hurt, and 20 to 30 thousand people will be pushed out of the City. He suggested consideration of placing mobilehomes on the SDG&E right-of-way located near Southwestern College. He also expressed the need for the Council to be more involved in assisting citizens and be more transparent. Page 5 - Council Minutes July 25, 2006 PUBLIC HEARINGS 7. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PDIF) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA The Public Facilities Development Impact Fee (PFDIF) program enables the City to implement the intent of the Growth Management Oversight Commission (GMOC) program, and to ensure that existing residents do not bear the costs of new development. The last comprehensive update of this program was done in November 2002. Adoption of the ordinance and resolutions provides for an update of the program. (Budget and Analysis Director) ACTION: Deputy Mayor McCann moved to continue Item 7 to a future date at the request of staff. Mayor Padilla seconded the motion, and it carried 4-0. The public hearing was not conducted, and the item will be re-noticed for a future date. At 7: 18 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment Agency meeting. The Council meeting reconvened at 8:47p.m. with all members present. 8. CONSIDERA nON OF AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT THE CHULA VISTA MUNICIPAL GOLF COURSE American Golf Corporation has requested rate changes to greens fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, American Golf Corporation can submit rate changes on an annual basis for the City's review and approval. The current greens fees were requested in January of 2004, and have been in effect since December 1,2004. (Public Works Operations Director) 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 Padilla opened the public hearing. Deputy Mayor McCann stated that he would abstain from voting on the item due to the proximity of his residence to the golf course. He then left the dais. Public Works Director Byers presented the proposed rate changes. Parks Manager Class then illustrated the recent golf course upgrades. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. Page 6 - Council Minutes July 25, 2006 PUBLIC HEARINGS (Continued) ACTION: Mayor Padilla moved to adopt Resolution No. 2006-227, heading read, text waived: RESOLUTION NO. 2006-227, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE The motion carried 3-0-1, with Deputy Mayor McCann abstaining due to the proximity of his residence to the golf course. 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE O\VNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Adoption of the resolution approves the placement of liens against affected properties in order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed toward the responsible property owner in the event of a change in o~ership. (Finance Director) 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 Padilla opened the public hearing. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Chavez moved to adopt Resolution No. 2006-228, heading read, text waived: RESOLUTION NO. 2006-228. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CERTAIN DELINQUENT SEWER SERVICE CHARGES TO BE ASSESSED AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND AUTHORIZING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 3-0 with Deputy Mayor McCann absent from the dais. Deputy Mayor McCann returned to the dais at 8:55 p.m. 10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 7 - Council Minutes July 25. 2006 PUBLIC HEARINGS (Continued) Adoption of the resolution approves the placement of liens against affected properties in order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed toward the responsible property o~er in the event of a change in ownership. (Finance Director) 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 Padilla opened the public hearing. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Chavez moved to adopt Resolution No. 2006-229, heading read, text waived: RESOLUTION NO. 2006-229, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DELINQUENT SOLID WASTE SERVICE CHARGES TO BE ASSESSED AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND, AND AUTHORIZING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 4-0. ACTION ITEMS 11. CONSIDERATION OF APPROVAL OF THE PLANNING AND BUILDING DEPARTMENT STRATEGIC PLAN AND WORK PROGRAM The Planning and Building Department Five- Year Strategic Plan (2006-2010) describes the department's responsibilities in implementing the priorities of the Council and the City Manager's office. The strategic plan aligns Planning and Building's functions and programs with the City Council strategic themes, the recently adopted General Plan, and the economic development strategy. (Planning and Building Director) Planning and Building Director Sandoval presented the Strategic Plan, including the department's mission, responsibilities and duties, and organizational chart. He stated that the majority of the work is legally mandated, and that the majority of the budget is recovered through cost recovery fees. He added that the efficiency of the department stimulates the local economy and creates jobs, housing, and services. He also discussed the accomplishments by the department for the period 2000 through 2006. Development Process Manager Lyile presented the department's work program and strategic objectives for 2006 - 2010. Page 8 - Council Minutes July 25, 2006 ACTION ITEMS (Continued) Georgie Stillman, representing the Resource Conservation Commission, stated that the Commission was in full support of the strategic plan, with the following three recommendations that the Commission believed would strengthen the strategic plan and work program for the coming years: 1) the language "harmonizing change" and "compatible design" should be included as principles that are key to the west-side development; 2) more monitors to check for chemicals and run-off in order to protect water quality and manage watersheds; and 3) historic preservation to protect the threat of permanent, damaging alterations or demolition of historic properties and resources. Ms. Stillman also suggested that the department allocate additional funding and increased staff resources to complete the Historic Resources Inventory prior to proceeding with the west-side development. Mayor Padilla commented on the importance from a strategic planning standpoint of maintaining f1exibility with regard to planning documents in order to respond to changing realities. Deputy Mayor McCann spoke in support of the suggestions by Ms. Stillman, particularly with reference to harmonizing change, historic preservation, and ensuring protection of the City's heritage as it develops and is revitalized. ACTION: Deputy Mayor McCann then moved to adopt Resolution No. 2006-230, heading read, text waived: RESOLUTION NO. 2006-230, RESOLUTION OF THE CITY COllNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PLANNING AND BUILDING DEPARTMENT FIVE-YEAR STRA TEGIC PLAN FOR FISCAL YEARS 2006-2010 The motion carried 4-0. 12. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE BALLOT QUESTIONS AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS OF THREE PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 At its meeting on July 18, 2006, the Council, after receiving a report from the Charter Review Commission and hearing public testimony, voted to place one amendment to Charter Section 300D and two amendments to Charter Section 303C on the November 7, 2006 ballot. (City Attorney) Assistant City Attorney Hull explained the proposed measures and stated that staff would return to Council at a future date to call the election and to appropriate the necessary funds. Mayor Padilla expressed continued concern that the proposed language does not make it simple for the voters to understand. Councilmember Castaneda concurred with Mayor Padilla's concerns. Mayor Padilla suggested that staff collaborate with the Office of Communications in drafting the language for the proposed measures. Page 9 - Council Minutes July 25, 2006 ACTION ITEMS (Continued) ACTION: Mayor Padilla moved to continue the item with direction to staff to bring it back on August 8, 2006, with refined ballot language and within the timeframe necessary to place it on the ballot, and to call upon other resources to assist with the language for the ballot questions. Deputy Mayor McCann seconded the motion, and it carried 4-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS Interim City Manager Thomson recommended that the meeting of August 15, 2006 be cancelled due to a light agenda; the workshop of August 3, 2006, be conducted as scheduled to discuss zoning implementation, and the workshop of September 7, 2006, be cancelled. The Council concurred in holding the August 3, 2006 workshop and canceling the September 7, 2006 workshop. 14. MAYOR'S REPORTS There were none. 15. COUNCIL COMMENTS Deputy Mayor McCann thanked General Services Director Jack Griffin, Recreation Director Buck Martin and their staff for their work with the recent grand opening of Mountain Hawk Park. Councilmember Chavez announced that the recent kick-off the traffic-calming program was a great success, and stated that many neighborhood groups are being formed to share information, compile newsletters and correspondence, and contacting Council. She directed staff to come back with an update within the next couple of months on the traffic calming program and associated community groups. Councilmember Chavez directed staff to work with local water districts to form a plan to work with the community to promote water conservation. Councilmember Chavez spoke about the recent heat wave and reported that the City does have cool zones. namely the public libraries and Norman Park Senior Center. She recommended that neighborhoods check in on elderly and disabled residents and assist them in seeking cooler locations, should the heat continue. CLOSED SESSION 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases No reportable action was taken on this item. Page] 0 - Council Minutes July 25, 2006 ADJOURNMENT At 11 :00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on August 1, 2006 at 4:00 p.m. in the Council Chambers. Lorraine Bennett Deputy City Clerk Page I I - Council Minutes July 25, 2006