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HomeMy WebLinkAbout2006/09/19 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 18, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:43 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None 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 . OATHS OF OFFICE Mark Minas - Housing Advisory Commission Pedro De Lara - Charter Review Commission Joanne Clayton - Planning Commission Scott Vinson - Planning Commission Deputy City Clerk Bennett administered the oaths of office to Commissioners Minas, De Lara, Clayton, and Vinson, and Deputy Mayor McCann presented them with certificates of appointment. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, RECREATION DIRECTOR, AND THE FRIENDS OF PARKS AND RECREATION, DECLARING JULY 16-22,2006 AS NATIONAL AQUATIC WEEK IN THE CITY OF CHULA VISTA, ALONG WITH A CHECK FOR $3,500 FROM RUDOLPH AND SLETTEN TO HELP FUND THE ELEMENTARY SCHOOL LEARN TO SWIM PROGRAM Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Recreation Director Martin. Mr. Rene Olivo, representing Rudolph and Sletten, presented a check to Mr. Chris Boyd, Chair of the Friends of Parks and Recreation, to help fund the elementary school learn-to-swim program. Recreation Director Martin then introduced Manuel Gonzalez, the new Aquatic Supervisor III. . PRESENTATION BY JACK BLAKELY, DIRECTOR OF THE THIRD AVENUE VILLAGE ASSOCIATION, OF A $1,742 DONATION TO THE CHULA VISTA ANIMAL CARE FACILITY FROM THE PET FEST 2006 PROCEEDS /It-! SPECIAL ORDERS OF THE DAY (continued) DRAFT Lisa Moctazuma, President of the Third Avenue Village Association, presented Dr. York, the City's Veterinarian, with a check in the amount of$I,742.52, representing the proceeds from the recent Pet Fest event, and thanked all of the event sponsors. · DID YOU KNOW...THAT THERE'S A NEW LOOK ONLlNE? (Presented by Liz Pursell, Communications Director) Communications Director Pursell provided an overview of the new design of the City's website. Mayor Padilla requested that the Mayor's photo be replaced with the recent Council portrait. Councilmember Rindone inquired, and Ms. Pursell responded, that the feasibility of residents being able to pay bills online is currently being explored. Councilmember Chavez encouraged residents to sign up for the "e-brief." Deputy Mayor McCann suggested the ability to place park reservations on-line be considered as well. CONSENT CALENDAR (Items I through 9) Councilmember Castaneda stated he would abstain on Items 3A, 3B, 3C and 3D due to the proximity of his property to the Districts. Councilmember Chavez stated she would abstain on Item 3D due to the proximity of her property to the District. Deputy Mayor McCann stated he would abstain on Items 3B and 3E due to the proximity of his property to the District. City Attorney Moore stated that District 18 was being removed from consideration on Item 3A. I. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Castaneda requesting an excused absence from the July II, 2006 City Council Meeting. Staff recommendation: Council excuse the absence. B. Letter of resignation from Gary Nordstrom, member ofthe Planning Commission. (This vacancy was posted on July II, 2006 in accordance with the Maddy Act.) Staff recommendation: Council accept the resignation. C. Letter of resignation from Karen Batcher, member of the Board of Ethics. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. Item 2 was pulled from the Consent Calendar for discussion. Page 2 - Council Minutes http://www.chulavistaca.gov July 18, 2006 //J -..2, DRAFT CONSENT CALENDAR (continued) 3. A. RESOLUTION NO. 2006-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 11,14,15,17, -1-&, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.1, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS B. RESOLUTION NO. 2006-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 200612007 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS C. RESOLUTION NO. 2006-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 200612007 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 18, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS D. RESOLUTION NO. 2006-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 20, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS E. RESOLUTION NO. 2006-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 200612007 SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO.1, DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS F. RESOLUTION NO. 2006-214, RESOLUTION OF THE CITY CLERK OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT OF A PUBLIC OUTREACH AND EDUCATION EFFORT TO INCLUDE A BASELINE RESIDENT SURVEY REGARDING POTENTIAL OPEN SPACE DISTRICT LEVY INCREASES RELATED TO LEVELS OF SERVICE AND POTENTIAL EXPANSIONS OF SERVICE FOR BRUSH MANAGEMENT EFFORTS TO ENHANCE FIRE SAFETY The City administers and maintains 24 open space districts that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2006/2007 enables the City to collect sufficient funds to provide these ongoing services. (Acting Engineering Director) Page 3 - Council Minutes http://www .chulavistaca.gov July 18, 2006 //J-3 , DRAFT CONSENT CALENDAR (continued) Staff recommendation: Council adopt the resolutions and set the public hearing for August 1,2006 at 4:00 p.m. 4. RESOLUTION NO. 2006-215, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF THE NORTHWESTERLY SIDE OF QUINTARD STREET LYING ADJACENT TO THE PROPERTIES LOCATED AT 374, 392, 394, 396, AND 398 QUINT ARD STREET The Engineering Department requests that a portion of the northwesterly side of Quintard Street, immediately north of Orange Avenue and easterly of Fourth Avenue, be vacated, as it is no longer needed for public use. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE COUNCIL TO APPROVE CONTRACT WITH BOB MURRAY & ASSOCIATES TO CONDUCT AN EXECUTIVE SEARCH FOR THE POSITION OF CITY MANAGER Adoption of the resolution authorizes the Mayor to approve the scope of an agreement with Bob Murray & Associates to conduct an executive search for the position of City Manager. The firm of Bob Murray & Associates specializes in, and has an excellent reputation throughout the State for conducting municipal executive recruitments. (Human Resources Director) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 BUDGET BY APPROPRIATING $136,600 FROM THE AVAILABLE BALANCE OF THE TRAFFIC CONGESTION RELIEF FUND TO PURCHASE CONSTRUCTION MATERIALS TO COMPLETE STREET MAINTENANCE TASKS BY CITY CREWS (4/5THS VOTE REQUIRED) The Public Works Operations Department recently discovered that asphalt prices for Fiscal Year 2007 would be increasing between 54% and 68%, depending on the type. Therefore, based on the department's estimated usage, a budget adjustment is required to ensure Street Maintenance crews continue to complete street-related tasks, such as pothole patching and street reconstructions, throughout the year. (Public Works Operations Director) Staff recomrriendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASING AGREEMENT OF $45,210 TO JENAL ENGINEERING CORPORATION FOR UNDERGROUND FUEL STORAGE TANK REMOVAL AT THE JOHN LIPPITT PUBLIC WORKS CENTER Page 4 - Council Minutes http://www.chulavistaca.gov III ~J./ July 18, 2006 DRAFT CONSENT CALENDAR (continued) The Public Works Center currently utilizes three underground storage tanks to hold unleaded and diesel fuel. Although no fuel has spilled, two of the tanks failed to pass a state-mandated test to ensure the integrity of the outer wall. As a result, the San Diego County Department of Public Health has directed the City to remove these two non- compliant tanks. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-219, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE AN ENCROACHMENT PERMIT NO. PE-682 FOR INSTALLATION OF A RETAINING WALL AND FENCE ALONG EASTLAKE PARKWAY In September 2005, the Design Review Committee approved the Eastlake Village Walk at the southern comer of Eastlake Parkway and Miller Drive that consists of 13.3 acres of commercial land. VWE, LLC, owners of the project, are proposing to construct a retaining wall and fence within the City's right-of-way. The retaining wall was pursuant to Section 12.28 of the Municipal Code. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-220, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ENTRY PERMIT WITH SAN DIEGO GAS AND ELECTRIC (SDG&E) TO ENTER ONTO SDG&E PROPERTY FOR USE AS PUBLIC PARKING AT THE NATURE CENTER EVENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE ENTRY PERMIT On July 22, 2006, the Nature Center will open its newest exhibits. The parking lot normally used for Nature Center visitors is expected to be insufficient to meet the demands of the weekend events at the Nature Center. SDG&E has offered the use of the parcel immediately to the south of the current lot, but is requiring approval of a standard Entry Permit. (Nature Center Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered Items 1 and 3 through 9, headings read, texts waived. The motion carried 5-0, with the exceptions that Item 3A carried 4-0-1 with the resolution amended to delete District 18 and Councilmember Castaneda abstaining due to the proximity of his property to the district; Item 3B carried 3-0-2 with Councilmember Castaneda and Deputy Mayor McCann abstaining due to the proximity of their properties to the district; Item 3C carried 4-0-1 with Councilmember Castaneda abstaining due to the proximity of his property to the district; Item 3D carried 3-0-2 with Councilmembers Castaneda and Chavez abstaining due to the proximity of their properties to the district, and Item 3E carried 4-0- I with Councilmember McCann abstaining due to the proximity of his property to the district. Page 5 - Council Minutes http://www.chulavistaca.gov July 18, 2006 /It.. !; DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TOrHE 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, CONTINUED FROM JULY 11, 2006, 4/5THS VOTE REQUIRED) 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. (Budget and Analysis Director) Interim City Manager Thomson explained that the Municipal Code currently lists titles of all unclassified positions previously approved by the Council. The proposed ordinance would add the titles ofthree new positions created in the Fiscal Year 2007 budget. He further explained that the addition of the positions to the unclassified service was a personnel classification only, to designate the positions as "at will;" and had no impact on the budget. Councilmember Rindone asked staff to refine the process on how to handle unclassified positions that are not funded. ACTION: Deputy Mayor McCann moved to direct staff to bring the ordinance back as amended to remove the positions of Community Liaison in the Office of Mayor and Council, the Director of Employee Development, and the CBAG Operations and Intelligence Coordinator. Councilmember Castaneda seconded the motion and also suggested that staff further review the ordinance to delete any other currently unfunded positions bringing back a revised ordinance reflecting only the budgeted unclassified positions. Deputy Mayor McCann clarified, and Councilmember Castaneda as the second concurred, that the intent of the motion was to bring back the ordinance with three added positions, four positions removed, and make clear the specific positions added and deleted. The motion carried 5-0. PUBLIC COMMENTS David Stucky, representing the Rolling Hills Ranch Community Association, spoke regarding a letter he submitted to the City on behalf of the association requesting reconsideration of the designation of certain City streets within his neighborhood as truck routes. He said he received a response from Deputy Mayor McCann stating that the new signs would be replaced with the prior five-ton limit signs, but only one had actually been replaced. Mr. Stucky asked the Council to reconsider its decision of March 21 stand restore all three streets to their former status, stating that the changes were made with no input from the community, imposed unreasonable traffic noise and pollution for the residents, and created dangerous issues for pedestrian traffic and school children. Page 6 - Council Minutes http://www.chulavistaca.gov July 18, 2006 /I)-~ (p DRAFT ACTION ITEMS 10. CONSIDERATION OF A REPORT FROM THE CHARTER REVIEW COMMISSION REGARDING THE APPOINTMENT PROCESS FOR UNANTICIPATED VACANCIES ON THE CITY COUNCIL By request of the Council, the Charter Review Corrunission reviewed the provisions of the City Charter regarding the process for filling unanticipated vacancies on the City Council. In the report, a series of recorrunendations were presented for Council consideration. (City Attorney) Assistant City Attorney Hull presented the report, which addressed the background and the four issues referred by the Council to the Charter Review Commission. Mayor Padilla and individual Councilmembers recognized and thanked the Charter Review Corrunissioners for their work and recommendations. Pamela Bensoussan stated the important issues were that the paring down of applicants be done in public, that there be a one-year hiatus for an appointee to run for the same office, that there be an election if more than one year remained in the term, and that there be an appointment if less than one year remained. She urged the Council to respect the major points brought forward and limit tweaking to minor details. She also concurred with Council corrunents proposing a 45-day, rather than 30-day, period in which to make an appointment; that a unanimous vote to appoint was unnecessary; and that the initial selection of candidates should be done in public. ACTION: Councilmember Rindone moved, with Councilmember Castaneda seconding the motion for purpose of discussion, to accept the Charter Review Commission's report with the following changes: fill a vacancy by election when there are two or more years, rather than only one year, remaining; delete the requirement for a unanimous vote, but require 3 out of 4 affirmative votes; a sub-committee be created to look at the timeframe of Items 1-9 of the proposed policy to be sure there is flexibility, and paring down of applicants is to be done in public. Councilmember Castaneda submitted a friendly amendment to the motion to pose a question to limit appointments to one year or less and to have a single election in which the candidate with the highest number of votes would be successful in order to minimize the cost of a special election to the City. Mayor Padilla asked Councilmember Castaneda to clarify the amendment. Councilmember Castaneda stated he had misread the intent of the Charter Review Commission and the friendly amendment would just include the remaining term of one year or less. Mayor Padilla stated that if the Council was inclined to limit its amendments to minor details and place the bigger questions, such as the length of the remaining term, before the electorate, there could be a two-stage proposition. Councilmember Castaneda concurred, withdrew his friendly amendment, and proposed a second friendly amendment to include the two-step option suggested by the Mayor. Councilmember Rindone stated that he wanted one option to be that two years or more would require an election and two years or less could be a decision of the Council. He then stated he would accept the friendly amendment provided it did not affect the majority requirement. Councilmember Rindone, as the maker of the motion, and Councilmember Castaneda, as the second, concurred to include in the motion the concept of extending the process from 30 to 45 days. http://www.chulavistaca.gov July 18, 2006 Page 7 - Council Minutes /8#7 DRAFT ACTION ITEMS (continued) Mayor Padilla stated he was opposed to the prohibition on seeking office at the ballot box by an appointed individual. He then reiterated the motion as he understood it to be: accept the report and recommendation of the Charter Review Commission; remove the requirement for unanimity and only require a majority vote of the remaining Councilmembers; create a sub-committee to look at the timeframes and details of the policy; place a two-tiered item before the voters on the question of appointment with one or two years remaining on a term; expand the appointment period from 30 to 45 days; direct staff to clean up some of the details in the policy to reflect the general direction of the Council; and direct staff to bring back a finalized document for consideration of placement before the voters. Councihnember Rindone asked Assistant City Attorney Hull to restate what the Council would vote on regarding Charter revisions. Assistant City Attorney Hull stated that staff was directed to bring back two options for the voters to consider: I) at the two-year mark, an election would be held; ifless than two years remain, an election could still be held provided that the language regarding the nominal term remains, and 2) if there were one year left, there would be an election, as was proposed by the Charter Review Commission. Additionally, the majority requirement would be changed from the recommended unanimous vote to a simple majority, and staff would ensure the Charter language is consistent; a sub- committee would be created to look at the timeframe; and staff would make sure the Charter reflects there are 45-days to make an appointment and the majority election language is retained. All other language as proposed by the Charter Review Commission would be brought back for placement on the ballot. The motion carried 5-0. II. CONSIDERATION OF ADOPTION OF AN ORDINANCE REGULATING LOBBYISTS IN THE CITY OF CHULA VISTA On May 23, 2006, the Council placed on first reading a draft ordinance regulating municipal lobbyists. Council then directed the ordinance be sent to the Board of Ethics for review prior to the second reading. The second reading was to be considered within 60 days of the first reading. (City Attorney) Assistant City Attorney Hull presented the staff report, noting that the Council placed the ordinance on first reading and requested its review by the Ethics Commission. The Ethics Commission held two hearings and recommended that the Council approve the ordinance as written, with a future review that would include consideration of two additional provisions. One would be to require lobbyists to provide a list of gifts given to officials covered by the ordinance, publicly disclosing them in some format; and two, documentation of when a lobbyist collects campaign contributions and delivers them to a candidate, publicly disclosing them in some format. Page 8 - Council Minutes http://www.chulavistaca.gov /1J~f July 18, 2006 DRAFT ACTION ITEMS (continued) Jerry Livingston, staff counsel to the Building Industry Association, expressed concerns with potential inadvertent failure to report items, such as the number of contacts, as required by the ordinance; the need for exemptions for routine land use items as in other jurisdictions; the exemption of community organizations that are not paid, which allows them to fly under the radar; and the request for reporting of charitable contributions. Mr. Livingston suggested thathis organization and others in the business community, such as the South County Economic Development Commission, Chula Vista Chamber of Commerce, and contracting-related organizations, be contacted to discuss the proposed ordinance in more detail prior to adoption. Additionally, in response to an inquiry by Councilmember Rindone, Mr. Livingston suggested that the end of January be considered as the filing deadline. He also stated that the requirement for quarterly report filing is a common practice; however, the Connty of San Diego requires reporting only if something is done, and the Airport Authority has quarterly filing requirements only on big-picture items. Councilmember Castaneda inquired if charitable donations made at the behest of a City official to a for-profit or non-profit organization would be covered. Assistant City Attorney Hull responded that the ordinance provisions would cover them, however, donations made to the City have not yet been analyzed. Jackie Lancaster stated the ordinance should not be adopted without requiring everyone paid to lobby City officials to be registered, including nnions and labor organizations; it should be rewritten in plain, simple language for the average citizen to be able to understand it; and although the staff report states no fiscal impact, consideration should be given to the need for an additional staff person to monitor the filings. Deputy Mayor McCann concurred with Ms. Lancaster's comment that the ordinance is difficult to read and comprehend. He also expressed concerns with the charitable contribution clause and referred to a memo from the City Clerk regarding the need for additional staff to handle the additional work created by the ordinance. Further, he stated it must be an efficient system. ACTION: Deputy Mayor McCann moved to create a Council subcommittee to work on the ordinance to ensure it achieves the actual goals of the Council and is easily understood by the citizens. Mayor Padilla seconded the motion for discussion and clarified that the Council consensus was to continue the item, refer it back to staff for amendments, work with the Conncil subcommittee on those amendments, and bring back a final recommended draft to the CounciL Deputy Mayor McCann called for the question, and the motion carried 5-0. Councilmember Rindone inquired and received confirmation that the vote included disseminating the proposed ordinance to community groups for input, with the final draft being brought back to the Council for approvaL Mayor Padilla suggested that Deputy Mayor McCann and Conncilmember Chavez serve on the sub-committee. Page 9 - Council Minutes http://www.chulavistaca.gov OTHER BUSINESS DRAFT 12. CITY MANAGER'S REPORTS Interim City Manager Thomson stated that a special dinner for Kitty Razo was scheduled on August 3rd at 6:00 p.m., the same time as the regularly scheduled Council workshop. He recommended that the workshop be cancelled, and the Council concurred with his recommendation. 13. MAYOR'S REPORTS There were none. 14. COUNCIL COMMENTS There were none. CLOSED SESSION 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case No reportable action was taken on this item. ADJOURNMENT At 10:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 25, 2006 at 6:00 p.m. in the Council Chambers. \X~~p~ Lori Anne Peoples, CMC, Senior Deputy City Clerk Page 10 - Council Minutes http://www .chulavistaca.gov July 18,2006 /1t'ltJ DRA,FT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August I, 2006 4:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: II 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: Councihnembers: Rindone (excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY SUSAN BIGELOW, CITY CLERK, OF THE EMPLOYEE OF THE MONTH, SHEREE KANSAS, RECORDS SPECIALIST Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Kansas. City Clerk Bigelow recognized Ms. Kansas for her many attributes, including her "can-do" attitude and outstanding customer service skills. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION DESIGNATING AUGUST 12TH AS ARBOR DAY IN THE CITY OF CHULA VISTA, TO KIRSTEN SCHATZ OF ENVIRONMENT CALIFORNIA AND MAYRA NUNEZ OF THE LOWRIDER COMMUNITY OF SAN DIEGO Environmental Resource Manager Reed introduced Ms. Schatz, Ms. Nunez, and Ms. Sherry Yafuso. He also announced the upcoming Arbor Day tree-planting event on August 12, 2006, from 9:00 a.m. to II :00 a.m., in Eucalyptus Park. Mayor Padilla then read the proclamation, and Deputy Mayor McCann presented it to Ms. Schatz, Ms. Nunez and Ms. Yafuso. . PRESENTATION BY MAYOR PADILLA OF CELEBRATION OF COLDWELL BANKER ANNNERSARY, AUGUST 5, 2006 A PROCLAMATION IN REALTY'S lOa-YEAR Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to representatives of Coldwell Banker Realty. . DID YOU KNOW...ABOUT THE CITY'S GREENHOUSE GAS REDUCTION PLAN AND ITS ACCOMPLISHMENTS? Presented by Brendan Reed, Environmental Resource Manager, and Michael Meacham, Director, from the Department of Conservation & Environmental Services. //3 <pI DRAFT Conservation & Environmental Services Director Meacham introduced Environmental Resource Manager Reed, who then presented the City's greenhouse gas reduction plan and its accomplishments. Councilmember Castaneda thanked Mr. Meacham and Mr. Reed for their work, stating that Chula Vista is clearly on the cutting edge of efforts being made with regard to greenhouse gas reduction. He also thanked the Council for its commitment and mentioned that international efforts are being made to deal with greenhouse gas issues. CONSENT CALENDAR (Items 1 through 9) The minutes of June 20,2006, were removed from the agenda at the request of the City Clerk. 1. APPROVAL OF MINUTES of the Regular Meeting of June 6, the Special Meeting of June 6, the Workshop of June 8, the Special Meeting of June 8, the Regular Meeting of June 13, the Special Meeting of June 15, the Adjourned Regular Meeting of June 15, and the Regular Meeting of June 20, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE Letter of resignation from Maria Moya, Member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE NO. 3040, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.0lD RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTNE 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 MAYOR AND COUNCIL), BUILDING AND PARK CONSTRUCTION MANAGER, CBAG OPERATIONS/INTELLIGENCE COORDINATOR, AND DIRECTOR OF EMPLOYEE DEVELOPMENT (SECOND 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 Plarming 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. This ordinance was introduced on July 25, 2006. (Budget and Analysis Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes August 1, 2006 / 13 ~ .)... DRAFT CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2006-233, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS AND AN EMERGENCY SHELTER GRANT (ESG) CONTRACT FOR FISCAL YEAR 2006/2007 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS; AND THE GRANT AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT On April 4, 2006, the Council approved Community Development Block Grant (CDBG) funds for public service programs, community enhancement projects, city capital improvement programs, as well as the Emergency Shelter Grant (ESG) program. Adoption of the resolution authorizes the City Manager to execute contracts between the City and each sub-recipient of CDBG and ESG funds, in accordance with the U.S. Department of Housing and Urban Development (RUD) requirements. (Acting Community Development Director) Staffrecommendation: Council adopt the resolution. 5. A. RESOLUTION NO. 2006-234, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH BEST BEST AND KRIEGER, LLP, FOR SPECIAL COUNSEL LEGAL SERVICES REQUIRED FOR THE FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICT NO. 13-M AND THE ANNEXATION TO IMPROVEMENT AREA A OF THE EXISTING OTAY RANCH PRESERVE MAINTENANCE DISTRICT (CFD 97-2) FOR THE OTAY RANCH VILLAGE TWO PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT B. RESOLUTION NO. 2006-235, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13- M (OTAY RANCH VILLAGE TWO) FOR OTAY PROJECT L.P., AND APPROVING THE FORM OF THE REIMBURSEMENT AGREEMENT Under the existing agreement with Best Best and Krieger, LLP, the scope of work is to provide special tax legal counsel services for the formation of a maintenance community facility district for Otay Ranch Village Seven, pursuant to the Mello-Roos Community Facilities Act of 1982. Adoption of the resolutions expands the scope of work to include similar legal counsel services for the Otay Ranch Village Two project; and, in compliance with Council policy, Otay Project, L.P. submitted an application for establishing Community Facilities District No. 13-M to fund the maintenance of certain public improvements for the Otay Ranch Village Two project. (Acting Engineering Director) Staff recommendation: Council adopt the resolutions. Page 3 - Council Mioutes August I, 2006 1~'"3 DRAFT CONSENT CALENDAR (Continued) 6. A. RESOLUTION NO. 2006-236, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARCEL MAP THAT IS PROPOSING TO VACATE A PORTION OF ROAD SURVEY 172, ALSO BEING CALLED PROCTOR VALLEY ROAD, LYING WITHIN PARCEL 2 OF PARCEL MAP 16033, GRANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT FILED IN BOOK 304, PAGE 9 DEEDS ON OCTOBER 24, 1900 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, AND APPROVING THE ASSOCIATED PARCEL MAP AGREEMENT FOR THE PROJECT B. RESOLUTION NO. 2006-237, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 99-04, THE SHOPS AT SAN MIGUEL RANCH, BETWEEN MCMILLIN SAN MIGUEL RANCH LLC, AND THE CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY On February 29, 2000, the San Miguel Ranch tentative map was approved showing a commercial center at the southeast comer of Proctor Valley and Mount Miguel Roads. McMillan San Miguel Ranch LLC has requested approval of a parcel map and vacation of a public road easement that lies within Parcel 2 of Parcel Map 16033. (Acting Engineering Director) Staff recommendation: Council adopt the resolutions. 7. A. RESOLUTION NO. 2006-238, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FUTURE PURCHASES OF CELL PHONE EQUIPMENT AND SERVICE FROM VERIZON WIRELESS, TO BE CONDUCTED ON AN AS-NEEDED BASIS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF STATE OF CALIFORNIA MASTER CONTRACT NO. 1S- 05-58-02 B. RESOLUTION NO. 2006-239, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY ON CELL PHONE ISSUANCE AND USAGE The Purchasing Agent is authorized to participate in cooperative bids with other governmental agencies for the purchase of materials and services of common usage. The City will benefit from a master contract issued by the State of California. Adoption of the resolutions authorizes the purchase of cell phone equipment and service in accordance with the State of California master contract and adopts a policy regulating the issuance and usage of cell phones. (Finance Director) Staff recommendation: Council adopt the resolutions. Page 4 - Council Minutes /13-1/ August I, 2006 DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2006-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST BY GLEN GOOGINS FOR THE WAIVER OF POTENTIAL OR ACTUAL CONFLICT OF INTEREST WITH RESPECT TO GLEN GOOGINS' REPRESENTATION OF TWO POTENTIAL CLIENTS Former Senior Assistant City Attorney Glen Googins has requested that the City Attorney confirm that his prospective representation of Mr. Jose Cortes and Bayscene LLC does not present a conflict of interest. The City Attorney's office recommends waiving any potential or actual conflicts related to Mr. Googins' proposed representation of these two clients. (City Attorney) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING STAFF'S ACTION ON APPROVING CHANGE ORDER NO.2 WITH MJC CONSTRUCTION TO COMPLETE THE "ADA PEDESTRIAN RAMPS, INTERSECTION OF FIRST AVENUE AND KEARNEY STREET, IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. STL-317A)" PROJECT This change order was required to add an item of work not originally included in the project design and to adjust the quantities for several items of work originally included in the project. All actions were necessary to complete the project in accordance with City standards and to provide for a timelier and improved project outcome. (General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived, with the minutes of June 20, 2006 removed from the agenda at the request of the City Clerk. The motion carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Adam Leon stated that as part of his Boy Scout requirement for community citizenship, he had to attend a City Council meeting and had attended five meetings to date. He talked about recent newspaper articles regarding the retirement of City Manager Rowlands and asked why Mr. Rowlands was not permitted to talk about the City for one year and what the City had to hide. He said that if this was the position of the Council, then there needed to be a newly appointed Council. Mr. Leon questioned how, as a Boy Scout, he could serve his community if community leaders could not be trusted. Page 5 - Council Minutes August I, 2006 /13~5' DRAFT PUBLIC COMMENTS (Continued) Kevin O'Neill spoke about the proliferation of commercial graffiti in the community by way of pirate real estate signs being placed in the public right-of-way. He stated that under the Business and Professions Code, realtors/agents are required to place the name of the broker in the comer of the signs. He believed that City Code Enforcement staff should not be wasting time removing the signs, and a phone call by City staff to brokers regarding the signs would place the responsibility for removing the pirate signs on the respective realtors/agents. Mr. O'Neill also suggested that the City implement a sign license for realtors. Carlos Rico asked about any new developments regarding the recent visit to the City by representatives of the San Diego Chargers. Mayor Padilla responded that the matter would be addressed later in the meeting. PUBLIC HEARINGS 10. CONSIDERATION OF FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 1 AND EASTLAKE MAINTENANCE DISTRICT NO.1 The City administers and maintains 36 open space districts and associated zones that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2006/2007 enables the City to provide these ongoing services. Adoption of the following resolution approves the levy of the assessment and collectibles for Open Space District 1 and Eastlake Maintenance District No.1. (Acting Engineering 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. Deputy Mayor McCann stated that he would abstain from discussion and voting on the item due to the proximity of his property to the district. He then left the dais. 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 Castaneda offered Resolution No. 2006-242, heading read, text waived: RESOLUTION NO. 2006-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTffiLES FOR OPEN SPACE DISTRICT NO. 1 AND EASTLAKE MAINTENANCE DISTRICT NO.1 The motion carried 3-0-1, with Deputy Mayor McCann abstaining due to the proximity of his property to the district. Page 6 - Council Minutes /6 - t, August I, 2006 DRAFT PUBLIC HEARINGS (Continued) Deputy Mayor McCann returned to the dais at 4:52 p.m. 11. CONSIDERATION OF FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 18 The City administers and maintains 36 open space districts and associated zones that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2006/2007 enables the City to provide these ongoing services. Adoption of the following resolution approves the levy of the assessment and collectibles for Open Space District 18. (Acting Engineering 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. Councilmember Castaneda stated that he would abstain from discussion and voting on Item 11 due to the proximity of property in which he has an interest to the open space district. He then left the dais. Mayor Padilla opened the public hearing. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Mayor Padilla offered Resolution No. 2006-243, heading read, text waived: RESOLUTION NO. 2006-243, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICT 18 The motion carried 3-0-1, with Councilmember Castaneda abstaining due to the proximity of property in which he has an interest to the open space district. 12. CONSIDERATION OF FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17,23,24,26,31 AND 33, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS The City administers and maintains 36 open space districts and associated zones that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 200612007 enables the City to provide these ongoing services. (Acting Engineering Director) Page 7 - Council Minutes August I, 2006 /13.. 7 PUBLIC HEARINGS (Continued) DRAFT 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: Deputy Mayor McCann offered Resolution No. 2006-244, heading read, text waived: RESOLUTION NO. 2006-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17,23,24,26,31 AND 33, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS The motion carried 3-0, with Councilmember Castaneda absent from the dais. Councilmember Castaneda returned to the dais at 4:55 p.m. ACTION ITEMS 13. CONSIDERATION OF PLACEMENT OF A BALLOT MEASURE ON THE NOVEMBER 7,2006 STATEWIDE GENERAL ELECTION, REGARDING ARTICLE 34 OF THE STATE OF CALIFORNIA CONSTITUTION, TO AUTHORIZE THE CITY'S PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS Article 34 of the State of California Constitution, adopted in 1950, specifies the circumstances under which public agencies have the authority for construction, development, and acquisition of affordable units for low-income renters throughout the City. The City is nearing the limit of the 400 units previously approved under Article 34 by City of Chula Vista voters on April 11, 1978, and adopted by Ordinance No. 1897, and will require authorization to participate in future affordable housing projects (Acting Community Development Director) ACTION: Deputy Mayor McCann moved to continue this item at the request of staff to August 8, 2006. Mayor Padilla seconded the motion, and it carried 4-0. 14. CONSIDERATION OF AN APPROPRIATION OF FUNDS TO THE SALT CREEK SEWER INTERCEPTOR PROJECT (SW-219) FOR THE REPAIR OF DAMAGED PUBLIC INFRASTRUCTURE AND MITIGATION OF POTENTIAL FUTURE DAMAGES Adoption of the resolution appropriates $550,000 from the available balance of the trunk sewer capital reserve fund to the Salt Creek sewer interceptor project (SW-219) and authorizes the use of these and other available project funds to be used to pay for repairs and unforeseen subsurface conditions associated with the Salt Creek interceptor sewer. (Public Works Operations Director) Page 8 - Council Minutes August I, 2006 lB.; DRAFT ACTION ITEMS (Continued) Assistant Public Works Director Hopkins presented the project and, in particular, the five-mile section under Main Street, between Industrial Boulevard and Heritage. Councilmember Castaneda asked staff to ensure that the final asphalt repair work on Main Street was done as seamlessly as possible, avoiding any quilt patchwork. ACTION: Deputy Mayor McCann offered Resolution No. 2006-245, heading read, text waived: RESOLUTION NO. 2006-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $550,000 FROM THE AVAILABLE BALANCE OF THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SALT CREEK SEWER INTERCEPTOR (SW-219) PROJECT AND AUTHORIZING THE USE OF THESE FUNDS AND OTHER AVAILABLE PROJECT FUNDS TO BE USED FOR THE REPAIR OF DAMAGED PUBLIC INFRASTRUCTURE AND THE MITIGATION OF POTENTIAL FUTURE DAMAGES DUE TO TRENCH SETTLEMENT AND UNFORESEEN SUBSURFACE CONDITIONS ASSOCIATED WITH THE CONSTRUCTION OF THE SALT CREEK INTERCEPTOR SEWER The motion carried 4-0. 15. STATUS REPORT REGARDING OTAY VALLEY REGIONAL PARK PLANNING ACTIVITIES AND BUDGETING Over the past decade, the City of Chula Vista, along with the City of San Diego and the County of San Diego, have been assembling land and establishing guiding documents for the formation of the planned 8,000-acre Otay Valley Regional Park. The report provided an update on efforts to establish this tremendous open space resource for residents of the City of Chula Vista and the South County. (Planning and Building Director) Principal Planner Bazzel gave a status report and update on the Otay Valley Regional Park. He also requested that Item 16 be considered together with Item 15. John Willett, Chairperson for the Otay Valley Regional Park Citizens Advisory Committee and Chair for the Otay River Valley Clean-up Project, talked about the historical background of the area for the proposed Park Ranger station and past clean-up projects performed by the Citizens Advisory Committee. Deputy Mayor McCann recognized Mr. Willett for his role in the clean-up projects and as a consummate volunteer for the City. He also thanked Principal Planner Bazzel and Recreation Director Martin, as well as the many volunteers, for their involvement with the Otay Valley Regional Park project. He then talked about the many future benefits and activities that would result from the Greenbelt Master Plan. Page 9 - Council Minutes /Iir 7 August I, 2006 DRAFT ACTION ITEMS (Continued) Councilmember Chavez thanked everyone involved in the project, which will be something for everyone to enjoy for many years to come. Mayor Padilla thanked Deputy Mayor McCann for his service on the Otay Valley Regional Park Citizens Advisory Committee, and collaboration with the City and County of San Diego. He also thanked the "Friends" organization and Mr. Willett for their volunteer efforts. ACTION: Deputy Mayor McCann moved to accept the report. Councilmember Castaneda seconded the motion, and it carried 4-0. 16. CONSIDERATION OF APPROPRIATION OF FUNDS FOR THE PURCHASE AND CONSTRUCTION OF A PARK RANGER STATION AND FACILITIES FOR THE OTA Y V ALLEY REGIONAL PARK Over the past decade, the City, along with the City of San Diego and the County of San Diego, have been assembling/maintaining land, and establishing guiding documents. for the formation ofthe Otay Valley Regional Park (OVRP) under a Joint Exercise of Powers Agreement (JEPA). Through the JEPA, each jurisdiction has been contributing fair share funding for OVRP-related costs. Adoption of the resolution appropriates $100,000, matching the City of San Diego and the County of San Diego, for the purchase and construction of a park ranger station and facilities for the OVRP. (Planning and Building Director) ACTION: Deputy Mayor McCann offered Resolution No. 2006-246, heading read, text waived: RESOLUTION NO. 2006-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $100,000 TO THE OTHER SERVICES CATEGORY OF THE FISCAL YEAR 2007 PLANNING AND BUILDING DEPARTMENT BUDGET FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR THE PURCHASE OF A PARK RANGER STATION AND RELATED RESTROOM FACILITIES FOR THE OTAY VALLEY REGIONAL PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO, TRANSFERRING A TOTAL OF $200,000 TO THE CITY OF SAN DIEGO The motion carried 4-0. OTHER BUSINESS 17. CITY MANAGER'S REPORTS Interim City Manager Thomson announced an upcoming Council workshop on August 3, 2006, at 6:00 p.m. in the Council Chambers, to discuss the General Plan implementation. Page 10 - Council Minutes 11.3~/() August 1, 2006 OTHER BUSINESS (Continued) 18. MAYOR'S REPORTS DRl~\FT Ratification of reappointments to the following boards, committees and commissions: Appeals and Advisors Board: Matt Flach Charter Review Commission: Humberto Peraza Childcare Commission: Nancy Kerwin (ex-officio), Jerome Sandoval Commission on Aging: Helen Marie Stokes, John Acosta Cultural Arts Commission: Kerry Knowlton, Tiffany Vinson, Susana Liston, Sara Deavenport Board of Ethics: Michael German Growth Management Oversight Commission: Matthew Waters Housing Advisory Commission: Gregory Alabado, Nancy Batterman (ex-officio) Human Relations Commission: Perny Cosca-Reese, Juan Celeya International Friendship Commission: Elva Mellor Board of Library Trustees: Eduardo Valerio Mobilehome Rent Review Commission: Joanne Clayton Parks and Recreation Commission: Francisco Rios Resource Conservation Commission: Douglas Reid, Eric Mosolgo, Lynda Gilgun ACTION: Mayor Padilla moved to ratify the above-listed appointments. Deputy Mayor McCann seconded the motion, and it carried 3-0, with Councilmember Castaneda absent from the dais. 19. COUNCIL COMMENTS Joint report from Mayor Padilla and Deputy Mayor McCann on discussions with the San Diego Chargers. Recommendation: Council receive the report and authorize continued limited discussions with the San Diego Chargers. Mayor Padilla reported that both he and Deputy Mayor McCann recently met with Mr. Spanos and Mr. Fabiani of the Chargers franchise organization. The meeting included comprehensive discussions on overall City planning efforts and a tour of a variety of City sites. He stated that the Chargers' representatives were sincere about considering alternatives in the San Diego County region, including Chula Vista. Deputy Mayor McCann stated that the Chargers franchise would like to ensure a win-win deal; that if the City were to move forward, there would be no direct taxpayer subsidy; and that financing would come from private entities. He believed that the City was moving forward in a cautious but optimistic manner and reported that the next steps would include an analysis by the Chargers franchise consultants and a future meeting with City staff to discuss such matters as land uses. He acknowledged and thanked City Attorney Moore, Interim City Manager Thomson, Assistant City Manager Madigan, and Planning and Building Director Sandoval for their work on the matter. ACTION: Deputy Mayor McCann moved to authorize continuing informal discussions with the San Diego Chargers. Mayor Padilla seconded the motion, and it carried 4-0. Page 11 - Council Minutes /.6 ~// August 1, 2006 DRAFT CLOSED SESSION 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Workers' Compensation Appeals Board, Case Nos. SDO 0294160 and SDO 0294161 This item was removed from the agenda at the request of staff. It was not discussed, and no action was taken. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases No reportable action was taken. City Attorney Moore added that a report would be issued following a meeting with the opposing party and resolution of the matter, hopefully by the end of the week. ADJOURNMENT At 6:22 p.m., Mayor Padilla adjourned the meeting to a Council workshop on August 3, 2006 at 6:00; and thence to the Regular Meeting on August 8, 2006 at 6:00 p.m. in the Council Chambers. ~~w~.c(~ Susan Bigelow, MMC, City Clerk Page 12 - Council Minutes August 1, 2006 /8 -/.,)... DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 3, 2006 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:11 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:30 p.m.), Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE WORKSHOP 1. GENERAL PLAN IMPLEMENT AnON The purpose ofthis workshop was to provide the Council with a broad-based overview of the programs, tools, and processes necessary to implement the recently-adopted update of the City's General Plan. Planning and Building Director Sandoval explained that the purpose of the workshop was to arrive at a common understanding of the magnitude of the General Plan implementation efforts; tools necessary for implementation; overall timefTame to create tools; anticipated major issues; and the level of public interest and involvement. Director Sandoval said staff would return to the Council in a few months with a more detailed work program. He then introduced Principal Planner Schmitz, who presented the development codes, and Advanced Planning Manager Batchelder, who presented interim approaches to the plan. Councilmember Castaneda asked if there had been any preliminary analysis o(potential projects in the southwest portion of the City. Director Sandoval replied that staff had seen some investment and re-investment in the southwest that had gone hand-in-hand with code enforcement. He said that during past workshops, the community believed there was a lack of identity for the area. He spoke of the need to create a toolkit to provide planning options and the importance of getting the Southwest Specific Plan completed. Councilmember Castaneda expressed the need to figure out ways to discourage such uses as strip malls and fast food facilities in the southwest and asked about the anticipated date for recommendations on strategies. Director Sandoval replied that staff would return to the Council in the fall and was looking towards re-investment opportunities in the southwest and the establishment of a toolkit for strategies. /C'-/ DRAFT With regard to the Housing Element, Councilmember Rindone indicated the need for a sliding scale for low income housing so that projects would be beneficial to and incentivize developers to build projects in the southwest area but not allow them to build the maximum (such as 49 units) without providing amenities (which are required with 50+ units). He suggested that staff survey other cities. PUBLIC COMMENTS There were none. At 7:00 p.m., Mayor Padilla announced a brief recess. The meeting reconvened at 7:04 a.m. with all members present. Deputy Mayor McCann asked the status of the agreement between Chula Vista and National City to clean up the boundaries between the two cities and how a change would affect the General Plan. Assistant City Manager Smith responded that staff was hoping to bring back documentation to the Council in October or November and that staff was currently working in high speed on the matter. ADJOURNMENT At 7:06 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on August 8, 2006 at 6:00 p.m. in the Council Chambers. -=- _ _ tv.. ~ .,;;::;:(' ~ Susan Bigelow, MMC, City Clerk Page 2 - Council Minutes August 3, 2006 Ie ..).....