Loading...
HomeMy WebLinkAbout2006/08/22 Item 1 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 13,2006 5.30 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5 19 p.m. in the Council Conference Room located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT Councilmembers: None 1 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Interim City Manager ACTION The Council voted 5-0 to appoint Assistant City Manager Thomson as Interim City Manager. ADJOURNMENT At 6:52 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on June 13, 2006 at 6:00 p.m. in the Council Chambers. ~ t.Ub..-U~(~ ~ Lori Anne Peoples, Senior Deputy City Clerk /A DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 20, 2006 5.30 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:50 p.m. in the Council Conference Room located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT' Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT Councilmembers: None CLOSED SESSION I CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Councilmembers Steve Castaneda and Jerry Rindone. Employee: Interim City Manager Jim Thomson. No reportable action was taken on this item. At 6'09 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of June 20, 2006 at 6'00 p.m., in the Council Chambers. ~ -=-- -'WW ~r:~~ Lori Anne Peoples, Senior Deputy City Clerk /8 . DRAFT 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 10 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 MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, RECREATION DIRECTOR, AND PARKS AND RECREATION COMMISSIONERS KATHY CIEN-MAYER, 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. . PRESENTATION 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. . PRESENTATION BY DEVELOPER JIM PIERI, OF A REPLICA OF A BRONZE SCULPTURE ENTITLED, "MOTHER AND CHILD," BY JULKA DJURETIC, LOCATED 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 Ie - I , SPECIAL ORDERS OF THE DAY (Continued) . DID YOU KNOW THAT THE NATURE CENTER'S NEW WERGELAND F AMIL Y 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, July 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 P ARKW A Y 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 comer 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 JOINT OPERATION OF THE DYNAMIC 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 June 20, 2006) IC-2 Page 2 - Council Minutes July II, 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 emollment of STRETCH students served at Lorna 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 CIlliLA 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 ELECTORATE 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 /C-3 July ll, 2006 ~ CONSENT CALENDAR (Continued) ACTION Mayor Padilla moved to staff recommendations and offered Consent Calendar Items I, 2 and 4 through 6, headings read, texts waived. The motion carried 4-0, except on Item 4, which carried 3-1, with Councilrnember 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 EXECUTNE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CYRC, CBAG EXECUTNE DIRECTOR, AND DEVELOPMENT PLANNING IMPROVEMENT MANAGER (SECOND READING, 4/5THS VOTE REQUIRED) Chula Vista City Charter Section 500 requires that all unclassified poslnons 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 ineeting. 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 fmancial 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 owner 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 IC-L/. I July 11, 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 [mal 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 !~-5 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 Jade 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 James 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 erninent 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 I c -;:, 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 CONSIDERATION OF APPROVAL 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 1301 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 /C-7 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 COMPENSATION 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 MAYOR'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 11, 2006 OTHER BUSINESS (Continued) B. ACTION Ratification of appointment of Mark Minas to the Housing Advisory Commission. Councilmember Rindone moved to ratify the appointment of Mark Minas to the Housing Advisory Commission. Deputy Mayor McCann seconded the motion, and it carri ed 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. II 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 III. 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. -=- at w ~.y...J ,Q - -' Susan Bigelow, MMC, Cityl€lerk Page 9 - Council Mioutes j/V ~ c..-:; July II, 2006 DRAFT 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 . OATH 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 RECENTLY 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 BuildinglBuilding 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 homeowners. 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 31st. /7)-/ 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 I through 6) Deputy Mayor McCann stated that he would abstain from voting on Items IB and 3 due to the proximity of his property to the project areas. Councilmember Castaneda stated that he would abstain from voting on Item lA 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 BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA (ONLY PERTAINING TO BAYFRONT ORIGINAL AND TOWN CENTRE 1), 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 1096) 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 /D-2 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 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. 5 RESOLUTION NO 2006-226, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A l20-DAY EXTENSION TO THE DEFERRAL OF THE PORTION COMPREHENSIVE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8, 9, lO/UNIVERSITY AREA OF OTAY RANCH On December 13, 2006, the Council approved the City's Comprehensive General Plan Update, with the exception of the 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 owners. (Director of Planning and Building) Staff recommendation. Council adopt the resolution. Page 3 - Council Minutes ID-3 July 25, 2006 , CONSENT CALENDAR (Continued) 6. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTNE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CYRC, CBAG EXECUTNE DIRECTOR, AND DEVELOPMENT PLANNING AND IMPROVEMENT MANAGER AND TO DELETE THE POSITIONS OF 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 (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 CYRC, 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 lA, which carried 3-0-1 with Councilmember Castaneda abstaining due to the proximity of his property to the project area; Items IB and 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 / ])-'-1 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 owner 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 /D-5 July 25, 2006 , PUBLIC HEARlNGS 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 47 p.m. with all members present. 8. CONSIDERATION 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 ID-b 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-I,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 RESPECTNE OWNER-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 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. 2006-228, 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 RESPECTNE 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 RESPECTNE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 7 - Council Minutes Iv-7 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 owner 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 Plarming and Building's functions and programs with the City Council strategic themes, the recently adopted General Plan, and the economic development strategy (plarming 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 Lytle presented the department's work program and strategic objectives for 2006 - 2010. Page 8 - Council Minutes /D-e 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: I) 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 flexibility 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 COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PLANNING AND BUILDING DEPARTMENT FNE-YEAR STRATEGIC 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 / D-0 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 10 - Council Minutes I .f)-I () 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 11 - Council Minutes I'b- II July 25, 2006