HomeMy WebLinkAboutcc min 2006/07/11
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 11, 2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 1 0
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Chavez, McCann, Rindone, and Mayor Padilla
ABSENT: Councilmembers: Castaneda (excused)
ALSO PRESENT: Assistant City Manager Smith, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MA YOR PADILLA OF A PROCLAMATION TO BUCK
MARTIN, RECREATION DIRECTOR, AND PARKS AND RECREATION
COMMISSIONERS KATHY CIEN-MA YER, DON SALCIDO, AND FRANCISCO
RIOS, DECLARING JULY AS PARKS AND RECREATION MONTH
Mayor Padilla read the proclamation and Deputy Mayor McCann presented it to Recreation
Director Martin, Commissioners Cien-Mayer, Don Salcido and Francisco Rios.
. PRESENT A TION BY BUCK MARTIN, RECREATION DIRECTOR, OF A VIDEO
OF THE GRAND OPENING OF MONTEV ALLE PARK
Recreation Director Martin introduced the video of the recent Montevalle Park grand opening.
Deputy Mayor McCann expressed his thanks to Mr. Martin and his staff for their work on the
event, and he announced that the Mountain Hawk Park dedication is scheduled for July 20, 2006,
at 5 :00 p.m.
. PRESENT A TION BY DEVELOPER JIM PIERI. OF A REPLICA OF A BRONZE
SCULPTURE ENTITLED, "MOTHER AND CHILD," BY JULKA DJURETIC,
LOCA TED IN THE NEW GA TEW A Y II BUILDING
Mr. Pieri presented photographs of the one-of-a-kind sculpture, entitled "Mother and Child," by
world-renowned artist Julka Djuretic. He announced that replicas of the sculpture would be
available for sale to the public, and he presented the first replica to Councilmember Rindone,
who accepted it on behalf of the City.
SPECIAL ORDERS OF THE DAY (Continued)
· DID YOU KNOW...THAT THE NATURE CENTER'S NEW WERGELAND FAMILY
DISCOVERY CENTER WILL OPEN ON JULY 22? Presented by Ben Vallejos, Nature
Center Specialist, and Joyce Remp, Registered Veterinary Technician.
Nature Center Director Beintema introduced the Wergeland Family Discovery Center Project,
and acknowledged Dr. Larry Wergeland for his generous donations. Ben Vallejos, Nature
Center Specialist, and Joyce Remp, Registered Veterinary Technician, then described highlights
of the new exhibits. Mr. Beintema announced that the grand opening of the Discovery Center is
scheduled for Saturday, .luly 22, at 11 :00 a.m., and admission will be free.
CONSENT CALENDAR
(Items 1 through 6)
Deputy Mayor McCann and Councilmember Chavez requested that Item 3 be pulled from the
Consent Calendar for discussion.
Councilmember Chavez stated that she would abstain from voting on Item. 4 due to the
proximity of her residence to the schools.
1. APPROVAL OF MINUTES of May 9, May 16, and May 23, 2006.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 3037, ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4 ACRES
AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD
INTERSECTION (SECOND READING)
Adoption of this ordinance amends the Planned Community District regulations and Land
Use Districts map for 18.4 acres at the southwest corner of Olympic Parkway and Wueste
Road intersection. This ordinance was introduced on June 20, 2006. (Planning and
Building Director)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2006-202, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA
VISTA ELEMENTARY SCHOOL DISTRICT REGARDING .lOINT OPERATION OF
THE DYNAMlC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL
RECREATIONAL PROGRAM, AND THE SAFE TIME FOR RECREATION,
ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED
SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING THE MAYOR
TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (Continued from .lune
20.2006)
Page 2 - Council Minutes
Ju]y 1],2006
CONSENT CALENDAR (Continued)
Adoption of the resolution approves an updated Memorandum of Understanding (MOU)
between the City and the Chula Vista Elementary School District for Fiscal Year
2006/2007, which includes expansion of the number of students served at one STRETCH
site (Mueller). It also increases enrollment of STRETCH students served at Loma Verde
and Mueller due to the additional funding received from the After School Education and
Safety Program. The Chula Vista Elementary School District Board is expected to vote
on the Fiscal Year 2006/2007 MOU at its June 20, 2006 meeting. (Assistant City
Manager Palmer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2006-203, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $97,048 FROM THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO
THE FISCAL YEAR 2006/2007 BUDGET OF THE POLICE DEPARTMENT
The Police Department received notice of a grant award from the Department of
Alcoholic Beverage Control (ABC) to fund a one-year project that will identify and
reduce the number of ABC licensees that serve alcohol to obviously intoxicated persons,
provide minors access to alcohol, allow narcotic-related activity on their premises and
fail to comply with City ordinances and regulations. (Police Chief)
Staff recommendation: Council adopt the resolution.
6 A. RESOLUTION NO. 2006-204, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD IN SAID CITY ON JUNE 6, 2006, DECLARING THE RESULTS
THEREOF. AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
B. RESOLUTION NO. 2006-205, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF THE HOLDING OF
A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 7, 2006 FOR
THE PURPOSE OF ELECTING A MAYOR AND A MEMBER OF THE CITY
COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA
CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
THE CONDUCT OF ELECTIONS
C. RESOLUTION NO. 2006-206, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE
ELECTORA TE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006
Adoption of the resolutions declares the results of the General Municipal Election held on
June 6, 2006, as submitted by the Registrar of Voters; gives notice of the upcoming
Special Municipal Election on November 7, 2006; and adopts regulations pertaining to
materials prepared by candidates and the costs thereof. (City Clerk)
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Minutes
July II, 2006
CONSENT CALENDAR (Continued)
ACTION:
Mayor Padilla moved to staff recommendations and offered Consent Calendar
Items 1, 2 and 4 through 6, headings read, texts waived. The motion carried 4-0,
except on Item 4, which carried 3-1, with Councilmember Chavez abstaining, due
to the proximity of her residence to the schools.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ORDINANCE 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 IMPROVEMENT
MANAGER (SECOND READING, 4/5THS VOTE REQUIRED)
Chula Vista City Charter Section 500 requires that all unclassified pOSItIOns not
mentioned specifically in that section be adopted by Ordinance. Adoption of the
ordinance adds the unclassified positions 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. This ordinance was
introduced on June 20, 2006. (Budget and Analysis Director)
Staff Recommendation: Council adopt the ordinance.
Deputy Mayor McCann requested to meet with staff for a briefing on the item to ensure that the
proposed ordinance includes the staff positions that were supported at the June 20, 2006 Council
meeting. Councilmember Rindone requested that staff provide a written summary to the
Council, delineating any questions and concerns raised at the briefing with Deputy Mayor
McCann and Councilmember Chavez.
ACTION:
Deputy Mayor McCann moved to continue the item to a future date.
Councilmember Chavez seconded the motion, and it carried 4-0.
Item No.7 was taken out of order and actually discussed at this time, prior to Public Comments.
PUBLIC COMMENTS
Patricia Lopez, a renter at Bayscene Mobilehome Park, stated that rents are constantly being
raised above the established cap for low-income residents. She distributed copies of the park
owner's revenue and expense statement ending December 31, 2004, pointing out some expenses
listed she believed should not be included in the owner's operating expenses. She stated that the
rent increases have caused her financial hardship.
Patricia Aguilar, president of Crossroads II, spoke in support of the residents of Jade Bay
Mobilehome Park. She stated that since the issue is a bankruptcy situation, it was her
understanding that the property o\\<TIer was not required to provide the relocation assistance
required by the City"s ordinance, although the Jade Bay property is designated as high density
residential under the new General Plan, which gives the park owner a huge windfall. She urged
the Council to step in and prove that Chula Vistans are compassionate and do whatever is
necessary to assist residents who may have to move.
Page 4 - Council Minutes
July] ], 2006
PUBLIC COMMENTS (Continued)
Gary Damico, a homeowner in Jade Bay Mobilehome Park, stated that he is very stressed about
the bankruptcy situation in the park. He stated that there are many low-income families, as well
as seniors on fixed incomes, who live in the park and who do not deserve what the park owner is
doing to them. Further, he believed that filing bankruptcy was an opportunity for the park owner
to make a lot of money.
Jackie Lancaster spoke on behalf of the Jade Bay residents, stating that she did not believe that
the judge considering the bankruptcy should be allowed to overlook relocation laws, and that the
City should be in a position to address the judge regarding those laws. She stated that Chula
Vista is first in so many ways, and she asked the Council to set a good precedent and stand up for
its citizens.
Steve Molski stated that he had approached the Council in the past requesting that land be set
aside in different areas of the City for mobilehome parks, but nothing had happened. He stated
that the Jade Bay residents have nowhere to go, and the only fair way to resolve the problem if
the bankruptcy goes through is to provide the mobilehome owners with the fair market value of
their units. He also stated that the City should not approve any use other than a mobilehome
park at that location. He expressed the need for something to be done for the park residents.
Walter Wade stated that he moved to the Jade Bay Mobilehome Park believing that it would be
his final permanent residence. The current situation is affecting his health to the point of
considering suicide, and two park residents have passed away as a result of the bankruptcy
situation. Further, he stated that the senior citizens need someone to stand up for them.
Rebeca Zazueta stated that she purchased a home in Jade Bay Mobilehome Park less than a year
ago, only to find that she now has to move out. She stated that all her money went towards
purchasing the home and she now has nothing left. Ms. Zazueta felt certain that the owner knew
of the bankruptcy situation before she purchased her home. She asked Council for assistance for
the residents.
Xochitl Galvan stated that she purchased a home in Jade Bay Mobilehome Park in 1999, and
attempted to sell her home in 2002 and 2004 but was denied the sale by the park owner. Ms.
Galvan stated that she has no place to go and no money to purchase another home. She asked
for Council assistance in the matter.
Joe Yount, representing his mother, who lives in Jade Bay, stated that the residents were being
thrown out of their homes, for which they were offered only $3,000. He stated that what was
happening to the residents was not right.
Barbara Nunnely stated that the Jade Bay Mobilehome Park residents do not want to move
someplace else; they are simple people who want to live a simple life in the park for their
remaining years. She stated that the park owner has lied, cheated, denied, and is a fraud. She
stated that the residents cannot take the situation much longer, and she asked for Council
assistance to keep the residents in the park.
Page 5 - Council Minutes
July 11,2006
PUBLIC COMMENTS (Continued)
Jeanne Ebacher, representing the Jade Bay Mobilhome Park Homeowners Association, stated
that there are only a few units that would qualify for a re-location permit under California law,
which requires that the units be less than 17 years old. She stated that the senior residents look at
Jade Bay as a place for their retirement. and young families as a place to raise their children. She
stated that she would like to see any public records the City may have received from the park
owner regarding sewer repairs in the park, which was indicated in the bankruptcy letter. She
asked for Council assistance on the matter, particularly in obtaining any written documentation.
Emilia Perez, representing Bayscene Mobilhome Park, stated that the park owner has raised
rents, claiming that he is losing money. She stated that certain operating expenses of the park
owner, such as legal fees, should not be included as justification for an operating income loss.
Irene Amick, a homeowner in Jade Bay Mobilehome Park, said she is furious about losing her
home and cannot get legal help. She believed that the situation was unfair and unjust.
Fred Dufresne, representing the Mobilehome Committee, stated that he had not received any
information on the outreach program that was mentioned in a City information memorandum
dated May 25, 2006, and he suggested that a letter be sent to all mobilehome park residents
explaining the program and asking them to elect a volunteer representative and alternate from
each park.
Sara Masson stated that the senior citizens of Jade Bay Mobilehome Park are in shock about the
bankruptcy. The park owner has offered the residents $3,000 for their homes, which she
believed was not fair, and she said she would appreciate anything that the Council could do to
help.
Parks Pemberton stated that City government should be beating down doors to see what they can
do for the .lade Bay Mobilehome Park residents. He stated that fewer rentals are becoming
available to meet demands, low-income residents have no place to go, and little is being done to
assist them. He suggested the undergrounding of overhead lines on Orange Avenue to place
trailer parks in the area. He believed that the City had not listened or cared, and that what was
going on was unethical.
Michelle Rewerts stated that City staff has spent years finding land for a university campus and
are now looking for a potential stadium site, when room cannot be found to accommodate 150
families that may be potentially displaced. She suggested that .lames Baldwin, President of the
Western Manufactured Home Association, be contacted to get his view on the issue.
Joe FrichteL representing his mother-in-law, a past resident of Jade Bay Mobilehome Park, stated
that the City cannot allow the displacement of park residents. He stated that the park is rent-
controlled, so the City is partially responsible for the residents living there. Further, the situation
is a crass example of eminent domain, and he asked the Council not to let the residents be thrown
out on the street.
A member of the public asked the Council for assistance in finding a solution to the Jade Bay
issue, stating that she cannot afford to live elsewhere.
A member of the public spoke in support of the residents of Jade Bay, stating that she felt that
the bankruptcy issue would create a domino effect in other mobilehome parks. She stated that no
new trailer parks would accept trailers older than 10 years and that the situation was unfair. She
asked the Council to help the residents.
Page 6 - Council Minutes
July 11, 2006
PUBLIC COMMENTS (Continued)
Mayor Padilla thanked everyone present for keeping the Council apprised as to what is going on
and, on behalf of the Council. he stated that the City does care about the welfare of its residents,
and staff is doing everything possible to ensure that the Jade Bay residents would be treated
fairly.
Deputy Mayor McCann stated that the Council does care about the residents and current
bankruptcy situation. He added that staff has been out to the park to meet with the residents, and
the City has retained a bankruptcy attorney to see what role the City could play. He stated that
he would be available for anyone who wished to discuss the issues with him.
Councilmember Rindone asked staff to bring back an information memo in one week regarding
relocation assistance, including all associated policies and all funds available for relocation
assistance.
PUBLIC HEARINGS
7. CONSIDERA TION OF APPRO V AL OF AN APPLICATION FOR THE PROPOSED
CONVERSION OF AN EXISTING 156-UNIT APARTMENT COMPLEX TO
CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP (PCS 06-01,
APPLICANT: MARK GOSSELIN TRUST)
The applicant, Mark Gosselin Trust, submitted an application for a condominium
conversion of an existing apartment complex that was constructed in 2001, and consists
of 156 apartment units and common open space. The 7.95-acre project site is located at
130 1 Medical Center Drive. (Planning and Building Director)
Item 7 was taken out of order and actually considered prior to Public Comments.
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.
Project Planner Putnam presented the proposed apartment complex conversion.
With no members of the public wishing to speak, Mayor Padilla closed the public hearing.
ACTION:
Deputy Mayor McCann offered Resolution No. 2006-207, heading read, text
waived:
RESOLUTION NO. 2006-207. RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION
MAP TO DIVIDE INTEREST IN 7.95 ACRES AT 1301 MEDICAL
CENTER DRIVE FOR A ONE-LOT CONDOMINIUM PROJECT
CONTAINING 156 RESIDENTIAL UNITS
The motion carried 4-0.
Page 7 - Council Minutes
July 11,2006
At 7:41 p.m., Mayor Padilla announced a brief recess of the Council Meeting.
At 8:03 p.m., the meeting was reconvened with all members present.
ACTION ITEMS
8.
CONSIDERATION OF ADOPTING A RESOLUTION
COMPENSA TION FOR THE INTERIM CITY MANAGER
APPROVING
On June 13, 2006, the Council appointed Jim Thomson as Interim City Manager, subject
to approval of a compensation agreement, while a new, permanent City Manager is
recruited and selected. Adoption of the proposed resolution approves a compensation
package and thereby completes the appointment process for Interim City Manager. (City
Attorney)
Councilmember Rindone reported that the Council sub-committee met with Interim City
Manager Thomson to discuss the agreement, and Mr. Thomson is in agreement with the
proposed salary compensation.
ACTION:
Mayor Padilla offered Resolution No. 2006-208, heading read, text waived:
RESOLUTION NO. 2006-208, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING INTERIM
CITY MANAGER COMPENSATION
The motion carried 4-0.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
There were none.
10. MA YOR'S REPORTS
Mayor Padilla stated he hoped everyone enjoyed the July 4th holiday.
Mayor Padilla requested that staff submit any additional applications received for the Planning
Commission for Council review and schedule interviews for a third vacancy on the commission
for Tuesday, July 18,2006, at 5:00 p.m. in Council Chambers.
A. Consideration of designation of a voting delegate and an alternate for the 2005
League of California Cities Annual Conference, to be held Wednesday,
September 6 through Saturday, September 9, 2006 in San Diego.
Council concurred to designate Mayor Padilla as voting delegate and Councilmember Chavez as
an alternate to the 2005 League of California Cities Annual Conference.
Page 8 - Council Minutes
July] ], 2006
OTHER BUSINESS (Continued)
B.
Ratification of appointment of Mark Minas to the Housing Advisory Commission.
ACTION:
Councilmember Rindone moved to ratify the appointment of Mark Minas to the
Housing Advisory Commission. Deputy Mayor McCann seconded the motion,
and it carried 4-0.
c.
Ratification of appointment of Pedro De Lara to the Charter Review Commission.
ACTION:
Coucilmember Rindone moved to ratify the appointment of Pedro De Lara to the
Charter Review Commission. Deputy Mayor McCann seconded the motion, and
it carried 4-0.
1]. COUNCIL COMMENTS
Councilmember Rindone congratulated city staff who participated in coordinating the Fourth of
July celebration.
Councilmember Rindone asked the City Attorney to provide a report to the Council regarding
concerns expressed about the Christmas in October event and whether or not it is copasetic with
the Political Reform Act.
Deputy Mayor McCann spoke about the success of the Fourth of July event and congratulated
the Chamber, City staff, and all who participated.
Councilmember Chavez also congratulated all those who participated in the Fourth of July
festivities.
CLOSED SESSION
12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957
Ratification of appointment of Deputy City Attorney III
ACTION:
The Council concurred to ratify the appointment of Jill Maland as Deputy
Attorney Ill.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
One Case
No reportable action was taken on this item.
ADJOURNMENT
At 9: 15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 18, 2006 at
6:00 p.m. in the Council Chambers.
~~~~~!
Susan Bigelow, MMC, City Clerk
Page 9 - Council Minutes
July 1],2006