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Home My WebLink About2007/01/09 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 24, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08 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, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Elizabeth Scott - Parks and Recreation Commission City Clerk Bigelow administered the oath, and Deputy Mayor McCann presented Ms. Scott with a certificate of appointment. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DUANE BAZZEL, PRINCIPAL PLANNER, COMMENDING HIM FOR 35 YEARS OF SERVICE Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Bazzel. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CLAUDE A. ROWE, RECOGNIZING HIM FOR HIS SERVICE IN WORLD WAR II TO THE UNITED STATES OF AMERICA, AS A MEMBER OF THE TUSKEGEE AIRMEN Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Rowe. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MEMBERS OF THE NATIONAL FEDERATION OF FILIPINO AMERICAN ASSOCIATION (NaFFAA), REGION X, PROCLAIMING THE MONTH OF OCTOBER AS NATIONAL FILIPINO HERITAGE MONTH IN THE CITY OF CHULA VISTA Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to the NaFF AA members. ) 1\- \ DRAFT SPECIAL ORDERS OF THE DAY (continued) · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO KASANDRA TUCCI, POLICE DATA SPECIALIST; JOANNE RODRIGUEZ, POLICE DATA SPECIALIST; PATRICIA MARK, SENIOR OFFICE SPECIALIST DECLARING NOVEMBER 1, 2006 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Tucci, Ms. Rodriguez and Ms. Mark. · lNTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE DEPARTMENT EMPLOYEES Police Chief Emerson introduced new police recruits Brian Carter, Rene Rodriguez, Rene Kirchoefer, Oscar Miranda, Erwin Peregrino, Jr., James Pak, Levar Brown, and Valley Coleman. He then introduced Peace Officer Brandon Becker, and City Clerk Bigelow administered the oath of office to Officer Becker. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DOLCE MARIE SAUBER, PROCLAIMlNG OCTOBER 19, 2006 AS DULCE MARIE SAUBER DAY, IN CELEBRATION OF HER 80TH BIRTHDAY AND RECOGNITION OF OVER 40 YEARS OF DEDICATION TO CASTLE PARK ELEMENTARY SCHOOL AS A TRAFFIC SAFETY OFFICER Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Sauber. · DID YOU KNOW...THAT EAGLES LIVE IN CHULA VISTA? Presented by Charles Gai1band, Avian Specialist, Nature Center. Mr. Gai1band provided the presentation. CONSENT CALENDAR (Items 1 through 8) Councilmember Rindone stated that he would abstain from voting on the minutes of October 10 and 17, as he was not present at those meetings; as well as on Item 7, since his residence is within 500 feet of one of the public facilities. Councilmember Chavez stated that she would abstain from voting on Item 3, as her residence is near one ofthe parks. 1. APPROVAL OF MINUTES of October 3, October 10, and October 17, 2006. Staff recommendation: Council approve the minutes. Page 2 - Council Minutes http://www.chulavistaca.gov I~-;;:r October 24, 2006 DRAFT CONSENT CALENDAR (Continued) 2. WRITTEN CORRESPONDENCE Letter ofresignation from William Craft, member of the Board of Library Trustees. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE NO. 3046, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK (SECOND READING) (Continued from October 17, 2006) Adoption of the ordinance prohibits smoking in Independence and Rancho Del Rey Parks. The ordinance was introduced on October 10, 2006. (Public Works Operations Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2006-315, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP, AND MATERIALS AND LABOR FOR VEHICLE PAINTING FROM CALIFORNIA AUTO BODY TO THE POLICE DEPARTMENT Highland Partnership recently donated a Ford Think electric vehicle to the Police Department for use by the Patrol Division. The Police Department envisions using the small electric vehicle at special event operations, such as parades and fairs. California Auto Body also donated the materials and labor to paint the Think vehicle in the traditional black and white patrol vehicle scheme. (Police Chief) Staff recommendation: Council adopt the resolution. 5. A. RESOLUTION NO. 2006-316, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293), FOR PROVISION OF A FULLY FUNCTIONAL IRRIGATION BOOSTER PUMP AND ENCLOSURE AT VETERANS PARK, LOCATED AT 785 EAST PALOMAR, AND AUTHORIZING INTER-PROJECT TRANSFERS IN THE AMOUNT OF $39,210 FROM ELIGIBLE EXISTING CAPITAL IMPROVEMENT PROJECTS (4/5THS VOTE REQUIRED) 5. B. RESOLUTION NO. 2006-317, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293) PROJECT TO DREAMS CAPE LANDSCAPE, INCORPORATED, IN THE AMOUNT OF $32,675 Page 3 - Council Minutes http://www.chulavistaca.gov /.; JA - J October 24, 2006 DRAFT CONSENT CALENDAR (continued) Adoption of the resolutions allows the installation of an irrigation booster pump at Veterans Park to provide additional water pressure to the system in order to maintain a healthy landscape and turf. (General Services Director) Staff recommendation: Council adopt the resolutions. . 6. RESOLUTION NO. 2006-318, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATED WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE (4/5THS VOTE REQUIRED) In November 2002, the Council appropriated monies from the Public Facilities Development Impact Fee fund for the purchase of an inspection vehicle. Funds were appropriated for this purpose and expended from the Program Administration component. It is more appropriate to use the Corporation Yard component for this purpose. Adoption of the resolution approves reimbursement to the Program Administration component for this expense. (Budget and Analysis Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-319, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF FOUR COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF), AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQURED) In August 1989, the Council adopted an ordinance establishing a series of supplemental impact fees. The Public Facilities Development Impact Fee (PFDIF) program was established in January 1991. The current PFDIF program includes four support system components, which are now eligible for closure. (Budget and Analysis Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-320, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE MASTER LICENSE AGREEMENT WITH SPRINT PCS FOR THE INSTALLATION AND OPERATION OF AS MANY AS 50 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF FIVE YEARS WITH AN OPTION TO RENEW FOR AS MANY AS TWO ADDITIONAL FIVE-YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Page 4 - Council Minutes http://www.chulavistaca.gov IA~L.j October 24, 2006 DRAFT CONSENT CALENDAR (continued) Adoption of the resolution approves renewal of the master license agreement with Sprint PCS that extends the existing agreement for the installation of up to 50 wireless telephone facilities on property owned or controlled by the City. The proposed amendment includes mutually beneficial terms and extends the lease for five years with two additional, five- year options that are subject to the City's review and approval. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, text waived. The motion carried 5-0, except for the minutes of October 10 and 17, which were approved 4-0-1 with Councilmember Rindone abstaining; Item 3, which carried 4-0-1 with Councilmember Chavez abstaining; and Item 7, which carried 4-0-1 with Councilmember Rindone abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Robyn Higginson addressed the Council regarding a recent article in the Star News that quoted Mayor Padilla and contained false and misleading statements regarding student proficiency standards. She asked the Council to refute the false statements. Betsy Cory, representing the Friends of Rice Canyon, stated that the canyon movement was gaining strength in San Diego County. She announced that anyone interested in getting involved could gain information by going to the Sierra Club, San Diego Chapter website and clicking on the "canyons coalition" link. Norma Runyon, resident of Brentwood Mobile Home Park, requested Council assistance with park problems. Mayor Padilla requested an update on the code enforcement activity at this particular park. At 7:06 p.m. Mayor Padilla recessed the Council meeting and convened the special joint meeting of the City Council and Redevelopment Agency. At 7:25 p.m., Mayor Padilla reconvened the Council meeting, with all members present. Page 5 - Council Minutes http://www .chulavistaca.gov October 24, 2006 /11-5 DRAFT PUBLIC HEARINGS 9. CONSIDERATION OF AN AMENDMENT TO THE Chula Vista MUNICIPAL CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA BUSINESS LICENSE (Continued from October 10,2006) Residents have expressed concern that unlicensed physicians may be operating in the City. Adoption of the ordinance requires any person practicing medicine in the City of Chula Vista to show a valid, state-issued license or certificate in order to obtain a business license. (Planning & Building 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. Planning and Building Director Sandoval introduced the item, and Code Enforcement Manager Leeper presented the staff report. There being no members from the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD SECTION 5.42.020, REQUIRING ANY PERSON PRACTICING MEDICINE TO SHOW A VALID STATE LICENSE OR CERTIFICATE AS A REQUIREMENT TO OBTAIN A BUSINESS LICENSE (FIRST READING) Mayor Padilla seconded the motion, and it carried 5-0. 10. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TITLE 6, "ANIMALS" TO INCLUDE PUBLIC SALE OF CATS AND DOGS PROHffiITED (CVMC 6.30.020) AND PUBLIC SALE OF CHICKS AND RABBITS RESTRICTED (CYMC 6.30.030) (Continued from October 10, 2006) ACTION: It was the consensus of the Council to cancel the public hearing. 11. CONSIDERATION OF ADOPTION OF NEGATIVE DECLARATION (IS-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN Pursuant to state law, the City is required to prepare a Housing Element update that covers the period of July 1, 2005 through June 30, 2010. The Housing Elementis an important planning tool that analyzes the City's present and projected housing needs, identifies potential constraints and opportunities to meeting the City's housing needs, and sets policy goals and objectives for meeting the City's housing goals and needs during the 2005-2010 period. (Acting Community Development Director) Page 6 - Council Minutes http://www.chulavistaca.gov October 24, 2006 /Il-/P DRAFT PUBLIC HEARINGS (continued) 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. Housing Manager Mills and Senior Community Development Specialist Hines provided the staff report, with Ms. Hines covering what has happened since the last update, the public review period and state review. Ms. Mills provided the next steps to be taken, including the implementation of tasks, programs and policies; annual review of progress; preliminary work on the update; and the work program. Councilmember Rindone asked the status of consideration of a sliding scale for inclusionary housing. Ms. Mills responded that staff would bring forth such policy issues for discussion involving community members, developers, and builders, and it was a reasonable assumption that a sliding scale could be put into place at that time. Patricia Aguilar, representing Crossroads II, spoke in support of the Housing Element as drafted and commended staff for listening to concerns and revising the draft based on public input. Tony LoPresti, representing the Environmental Health Coalition (EHC), stated he was pleased with the public participation process. He then provided a handout with three additional recommendations that his organization would like to see included. They were I) the establishment of a timeline for the funding, initiation, and adoption of the Southwest Specific Plan 2) to explicitly state that a policy establishing green building standards will be considered on a citywide basis in six months, pending the results of the Gas Technology Institute study, and 3) to explicitly state that funding will be identified to purchase sites deemed appropriate for land banking for the purpose of affordable housing, and that partnerships will be sought with affordable housing non-profits that can establish a Community Land Trust model. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Mayor Padilla asked staff to respond to the Environmental Health Coalition recommendations. Ms. Mills expressed concem with the proposed language, which tied funding to a large policy document. Acting Community Development Director Hix suggested language such as "a commitment that will seek funding," rather than stating "that funding will be identified." Councilmember Castaneda expressed concern with the redevelopment of large areas of southwest Chula Vista with no plan. He then asked staff to come back in 60 days with a funding plan for investing in southwest Chula Vista. Deputy Mayor McCann stated that he did not know enough about the recommendations being submitted by the Environmental Health Coalition to vote on them this evening, the Council having only just received the handout. He asked that, in the future, he be contacted directly by anyone submitting proposed recommendations to the Council prior to the meeting, so that he is fully briefed and prepared to discuss them. Page 7 - Council Minutes http://www.chulavistaca.gov 111-7 October 24, 2006 DRAFT PUBLIC HEARINGS (Continued) ACTION: Councilmember Rindone moved to incorporate the tbree recommendations submitted by the Environmental Health Coalition into the resolution, with the third recommendation amended to change the word "can" to "may", as follows: (1) establish a timeline for the funding, initiation, and adoption of the Southwest Specific Plan; (2) explicitly state that a pol\cy establishing green building standards will be considered on a citywide basis in six months, pending the results of the Gas Technology Institute study; and (3) explicitly state that funding will be identified to purchase sites deemed appropriate for land banking for the purpose of affordable housing, and that partnerships will be sought with affordable housing non-profits that may establish a Community Land Trust model. Deputy Mayor McCann asked that the resolution be bifurcated from the tbree recommendations. In response to a question by Councilrnember Castaneda, Acting Community Development Director Hix responded that staff could bring back a time line for funding the Southwest Specific Plan within two weeks. Mayor Padilla seconded Councilmember Rindone's motion, and it carried 5-0, except on the third recommendation, which carried 4-1 with Deputy Mayor McCann voting no. Councilmember Rindone offered Resolution No. 2006-321 as amended, heading read, text waived: RESOLUTION NO. 2006-321, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATNE DECLARATION (lS-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN The motion carried 5-0. Mayor Padilla declared a recess at 8:32 p.m. The Council reconvened at 8:43 p.m. with all members present. PUBLIC HEARINGS (continued) 12. CONSIDERATION OF A PROPOSED GENERAL PLAN AMENDMENT AND URGENCY INTERIM ORDINANCE TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT During deliberations on the recently approved General Plan Update, one of the concerns raised by the community was the possible displacement of existing residents when redevelopment of some existing housing areas takes place, such as within portions of the City's Urban Core area. In order to ensure that the often-special circumstances of mobilehome residents are addressed whenever a change of use and/or rezoning is contemplated for any existing mobilehome park, the overlay district establishes a requirement for preparation of a plan to address any adverse effects of conversion prior to consideration of the change of use and/or rezoning. (Director of Planning and Building) Page 8 - Council Minutes http://www.chulavistaca.gov October 24, 2006 /11-'6 DRAFT PUBLIC HEARINGS (Continued) 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. Planning and Building Director Sandoval introduced the item, and Advanced Planning Manager Batchelder provided the staff report. Councihnember Castaneda stated that there needed to be a distinction made between mobilehome owners and renters. Housing Manager Mills responded that staff would be analyzing this and other topics, and would include significant public participation from residents, renters, park owners, and community members over the next six months. Advanced Planning Manager Batchelder then reviewed revised language, which had been provided to the Council for LUT 34.A.l and LUT 34.A.2 of the resolution, and Section 4(B) 2 of the ordinance. Patricia Aguilar, representing Crossroads II, stated that the Urban Core Specific Plan, when adopted, would give a gift to property owners whose properties would be rezoned as a result and increase substantially in value. She requested consideration of requiring the use of some of that increase in value to help those who are displaced. Additionally, Ms. Aguilar stated that the overlay zone benefits should be applied to all rental housing in the Urban Core Specific Plan area, as welL Barbara Nunley, resident of Jade Bay Mobilehome Park, expressed concern with the lack of protection for mobilehome owners and advised against buying a mobilehome anywhere at this time. Patricia Lopez, representing residents of Bayscene Mobilehome Park, provided the Council with a petition containing the signatures of approximately 200 residents of the Jade Bay and Bayscene Mobile Home Parks asking the Council to stop the rezoning contained in the Urban Core Specific Plan and keep their areas zoned for mobile home use only. Glen Googins provided handouts, including an e-mail dated October 24, 2006, regarding the General Plan Overlay District for MHP properties; proposed language; and copies of Chula Vista Municipal Code Sections 9.40, 9.50 and 9.60. Mr. Googins then stated that the proposed General Plan Overlay District for mobile home parks was too much, too fast, and that extensive mobile home park closure/conversion regulations already exist. Further, the updated Housing Element currently calls for enhanced relocation benefits for displaced mobilehome park residents, with rules to be developed over the next six to twelve months, which Bayscene, Terry's and Cabrillo Mobile Home Parks (three of the five targeted for redevelopment by the approved General Plan Update) support. Mr. Googins believed the proposed General Plan Overlay District would create a requirement for new findings which were vague and ambiguous, not enforceable, possibly impossible to satisfy, and/or redundant of existing state and local law that could prevent park conversion, even when desirable. With regard to staff's goal to put the new law into effect prior to the election, in case Proposition 90 passes, Mr. Googins stated the General Plan amendment would not go into effect until 30 days after adoption per California case law, and that approval of the Housing Element Update would accomplish the goaL In conclusion, Mr. Googins stated that the proposed language should be revised to eliminate the new vague findings that could be used against desirable park redevelopment, noting that three of Page 9 - Council Minutes http://www.chulavistaca.gov IA-'1 October 24, 2006 DRAFT PUBLIC HEARINGS (Continued) the five parks slated for redevelopment would agree not to propose park conversions until the new relocation regulations contemplated by the Housing Element Update are put in place. Benefits must be reasonable (as required by state law) and tested so that they go to those who really need them, and new affordable housing projects should have units prioritized for displaced park residents. Councilmember Rindone disclosed that he participated in discussions with Mr. Googins over the last few weeks. He then asked Mr. Googins what provisions to which Mr. Googins referred were currently on the books that would protect the residents of a mobile home park in the event of bankruptcy. Mr. Googins responded that Jade Bay is a unique situation, and he did not feel either the current or proposed provisions would solve the Jade Bay situation, as it was a closure. City Attorney Moore clarified that the regulations to which Mr. Googins referred did not really address a rezone or change in use. The proposed regulations do in that they require the City Council to make findings before there is a rezone or change in use. With regard to the provision of additional protection for mobile home park residents, current regulations require that a plan must be prepared and reviewed by the Community Development Director, with a decision appealable to the City Council. Under the proposed regulations, a plan would be prepared; go directly to the Council to consider a rezone or change in use of an existing park; and require that findings be made before any change of use or rezone could be made. The Council would have to look at the overall supply of affordable housing and the other criteria outlined in the staff report. Councilmember Rindone inquired as to whether staff had had an opportunity to review the bifurcated proposal as submitted by Mr. Googins. City Attorney Moore responded that she had, and from a legal standpoint, her only concern with the proposed changes were with the sections pertaining to taking out the rezoning. Mr. Googins stated that he had attempted to address the rezone in his proposal in LUT 34.A.3 and would delete "associated with any change of use" to address this issue. Advanced Planning Manager Batchelder responded that the collective result of Mr. Googins' , proposal was that the zoning provisions get temporarily removed from the front portion of the policy, mainly in the differentiation of the Urban Core parks. The zoning provision comes up at the end but is applicable only to the parks outside of the 14 Urban Core parks. Staff was not comfortable with proposing differential treatment at that detailed level. Additionally, the sixth finding that is stricken in Mr. Googins' proposal is the one that acknowledges that if there is a rezoning and not an eminent park closure, the plan has to provide sufficient assurances to the Council that at such time as the park does close, there is a commitment to provided a detailed closure pl~. Mayor Padilla inquired, and Mr. Batchelder clarified, that the requirement for a plan could be handled at either level, but staff preferred to handle it at the implementation level, rather than the broader policy level, as this allows the consideration to be taken at the zoning level so the Housing Eelement policies are brought into consideration at the time a rezoning is considered. Page 10 - Council Minutes http://www.chulavistaca.gov October 24, 2006 / A ~/o DRAFT PUBLIC HEARINGS (Continued) City Attorney Moore stated that staff's proposed ordinance ties down and gets specific, allowing the Council to have a broader view at an earlier level with respect to what happens with those parks. Chip Crandall, co-owner of Bayscene Mobile Home Park, stated that there needs to be respect for the positions of both the park owner and the mobile home owner. Given the rent control regulations, he did not understand why a park owner would not work to reach some middle ground to avoid a closure or bankruptcy. He then addressed Ms. Aguilar's position regarding affordable housing and her statement that up-zoning 2qw a gift, which he stated did not take into consideration the risk taken by developers who put their personal assets on the line to guarantee their construction loans. Mr. Crandall then requested that means testing be developed to evaluate the affordable needs of the City's residents. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Mayor Padilla requested clarification as to the distinction between the overlay zone and going in at the implementing level and amending the closure ordinance; what was being provided in terms of protection, leverage and strength in the decision-making process with the zone; and what level of latitude local jurisdictions have to be consistent with state law and if the City could go beyond that. He then stated, for those who thought this option had just come up, that it had been under consideration since mid-August. Deputy City Attorney Maland responded that the state statute requires that the proponent submit a plan to the municipal legislative body, which is charged with analyzing and reviewing the plan. It may impose requirements on the proponent to ensure that displaced residents have certain protections with respect to relocating. The only limitation is that the reasonable cost of relocation cannot be exceeded. Councilmember Rindone asked Mr. Crandall repeat comments he had made at a recent Planning Commission meeting. Mr. Crandall stated that he had offered apartments to several mobile home tenants who were being uprooted, and no one was interested. Further, he believed that this was a human nature issue of lifestyle, and strong leadership was needed to help people get through this hardship. Councilmember Castaneda stated that the Council is talking about tightening the laws that already exist. The urgency ordinance allows staff time to get a handle on what is going on and to review what is going to be implemented with mobilehome park owners, residents, attorneys and staff. Councilmember Rindone stated that this is about fairness, protection, and defending the process, a first step in all directions. Page II - Council Minutes http://www.chulavistaca.gov Ill-II October 24, 2006 DRAFT PUBLIC HEARINGS (Continued) ACTION: Councilmember Rindone then offered Urgency Interim Ordinance No. 3047-A and Resolution No. 2006-322, headings read, texts waived: ORDINANCE NO. 3047-A, URGENCY INTERlM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MOBILEHOME OVERLAY DISTRICT (4/5THS VOTE REQUIRED) RESOLUTION NO. 2006-322, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT Mayor Padilla seconded the motion, and it carried 5-0. 13. CONSIDERATION OF IMPLEMENTATION OF CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING FACILITIES AT THE OTAY RANCH TOWN CENTRE Representatives from General Growth, Inc. have requested that the Police Department enforce the California Vehicle Code at the Otay Ranch Town Centre, located ate 2015 Birch Road. Adoption of the ordinance permits the Police Department to conduct Vehicle Code enforcement on that property. (Police Chief) 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. Police Chief Emerson stated that staff was available to answer questions. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING FACILITIES AT THE OTAY RANCH TOWN CENTRE (FIRST READING) The motion carried 5-0. Page 12 - Council Minutes http://www.chulavistaca.gov / A -jJ- October 24, 2006 DRAFT PUBLIC HEARINGS (Continued) 14. 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 (pFDIP) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA In August 1989, the Council adopted an ordinance estaOlishing a series of supplemental impact fees. The Public Facilities Development Impact Fee (PFDIP) program was established in January 1991. This program enables the City to implement the intent of the Growth Management Oversight Commission program, and to ensure that existing residents do not bear the costs of new development. This program was last comprehensively updated in November 2002. Adoption of the ordinance approves the Public Facilities DIP March 2006 Update. (Budget and Analysis 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. Councilmember Castaneda stated that he would abstain from discussion and voting on this item as some of the facilities being financed through the fee are within 500 feet of his residence. Councilmember Rindone stated the same, and they both left the dais. Budget and Analysis Director Van Eenoo responded to questions of the Council. Interim City Manager Thomson noted that a letter from the Building Industry Association had been received before the start of the meeting and was provided on the dais. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered the following ordinance for first reading and Resolution No. 2006-323 for adoption, headings read, texts waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA (FIRST READING) RESOLUTION NO. 2006-323, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, MARCH 2006 UPDATE" The motion carried 3-0-2, with Councilmembers Castanada and Rindone abstaining. Councilmembers Castaneda and Rindone then returned to the dais. ACTION ITEMS Page 13 - Council Minutes http://www.chulavistaca.gov October 24, 2006 ) A -(~ DRAFT 15. APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING COMMISSION (Continued from October 10,2006) Mayor Padilla asked Councilmembers to provide the names of their nominees. Councilmember Rindone noted for the record that, although he was absent from the meeting of October lOth, he had viewed the streaming video of the interviews and was prepared to submit his nominees. . Councilmember Rindone nominated applicants Spethman, Krogh and Munoz. Councilmember McCann nominated applicants Spethman, Krogh and Munoz. Councilmember Chavez nominated applicants nominees Spethman, Krogh and Munoz. Councilmember Castaneda nominated applicants Krogh and Munoz. Mayor Padilla nominated applicants Krogh, Ray, and Munoz. ACTION: Mayor Padilla moved to appoint Mr. Krogh to the Planning Commission. The motion died for the lack of a second. ACTION: Councilmember Rindone moved to appoint Mr. Spethman to the Planning Commission. Deputy Mayor McCann seconded the motion, and it carried 4-1 with Councilmember Castaneda voting no. 16. CONSIDERATION OF AN AGREEMENT FOR JAIL SERVICES The Police Department has negotiated an agreement with the State of California Department of Corrections, Division of Adult Parole Operations, to house up to 24 state inmates who will be participating in the In-Custody Drug Treatment Program (ICDTP). (Police Chief) Councilmember Castaneda stated that, due to the proximity of his residence to the subject property, he would abstain from participation on this item. He then left the dais. Police Chief Emerson presented the staff report and responded to questions of the Council. Deputy Mayor McCann asked that the Council be immediately notified if there were any delays with the contract. ACTION: Mayor Padilla offered Resolution No. 2006-324, heading read, text waived: RESOLUTION NO. 2006-324, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR JAIL SERVICES WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND APPROPRIATING FUNDS TO THE FISCAL YEAR 2007 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET, BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The motion carried 4-0-1 with Councilmember Castaneda abstaining. Page 14 - Council Minutes http://www.chulavistaca.gov /fi~/+ October 24, 2006 DRAFT ACTION ITEMS (continued) 17. CONSIDERATION OF APPROPRIATION OF FUNDS FOR MOBILEHOME ACTIVITIES The City enforces a variety of regulations for mobilehome parks, and has recently increased services to address the challenges in mobilehome living. Funding for these activities are not eligible under existing grant revenues. General Fund appropriations are necessary to carry out the comprehensive list of services identified in this report for mobilehome residents. (Community Development Director) ACTION: At the request of Interim City Manager Thomson, Councilmember Castaneda moved to continue the item to a future date. Deputy Mayor McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 18. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded everyone of the Otay Ranch Town Center Grand Opening Ceremony on Friday morning, October 27, 2006. 19. MAYOR'S REPORTS There were none. 20. COUNCIL COMMENTS Councilmember Rindone asked for a report, on or before the November 7,2006 meeting, on the reason for delays in Fire Department plan check reviews. Deputy Mayor McCann stated he had attended the Change Their Lives - Casa Segouras and Scripps Hospital fundraising events. He then reminded everyone to vote in the November 7, 2006 election. Councilmember Chavez stated she had been out to the new mall and spoke regarding the unique architecture that is "Chula Vista". CLOSED SESSION 21. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Engineering Director No reportable action was taken on this item. CLOSED SESSION (Continued) Page 15 - Council Minutes http://www.chulavistaca.gov October 24, 2006 / A - /S DRAFT 22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City of Chula Vista (USDC 05 CV 2309) B. Gechter v. City of Chula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) D. In Re: The Environmental Trust (USBC # 05-02321-LAll) No reportable action was taken on this item. 23. 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. 24. 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. ADJOURNMENT At 1:05 a.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting on October 26, 2006 at 4:00 p.m. in the Council Chambers. q~~~ Lori Anne Peoples, CMC, Senior Deputy City Clerk Page 16 - Council Minutes http://www.chulavistaca.gov //f-/(P October 24, 2006 'OC DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 24, 2006 6:00 P.M. A Special Meeting of the City Council and Redevelopment Agency of the City of Chula Vista was called to order at 7:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Agency members: Castaneda, Chavez, McCann, Rindone, and Mayor/Chair Padilla ABSENT: Council/ Agency members: None ALSO PRESENT: Interim City Manager/Executive Director Thomson, City Attorney/ Agency Counsel Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PUBLIC COMMENTS There were none. ACTION ITEM Council/Agency Member Rindone stated that, due to the proximity of his property to the subject area, he had a potential conflict on Item IB; he then left the dais. Council/Agency Member McCann stated that he had a potential conflict, as well, on Item I A, and he also left the dais. 1. CONSIDERATION OF ADOPTION OF RESOLUTIONS AMENDING THE FISCAL YEAR 2005/2006 BUDGET BY TRANSFERRING AND APPROPRIATING FUNDS IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY (Continued from October 10, 2006) The Council policy on financial reporting and transfer authority indicates that all departments complete the fiscal year with a positive balance in each budget summary category. In order to comply with the intent of this policy, transfers and appropriations are recommended for approval. All recommended general fund transfers can be done using existing appropriations. (Finance Director) Finance Director Kachadoorian provided the staff report. Council/Agency Member Chavez stated that she pulled the item originally scheduled on the Consent Calendar for clarification of items contained in the staff report. She thanked staff for providing additional details and asked that future reports be listed as Action Items on the agenda. /6.-1 ACTION ITEM (continued) Council/Agency Member Castaneda requested a workshop on how departments will deal with the changing economy and building cycle, since costs cannot be covered exclusively from developer and permit fees and will need to be absorbed without major hits to the general fund. He stated that departments may need to be restructured, new revenues generated, and resources and services redirected. Council! Agency Member Chavez commented on the need for prioritization. Interim City Manager/Executive Director Thomson advised that staff was working on budget contingency plans, and he mentioned differences in staffing procedures between the Fire and Police Departments. He also commented that the major reason for departmental overages was related to how the PERS rate was calculated at the state level; the departments themselves stayed within budget. Council/Agency Member Rindone returned to the dais at this time. ACTION: Council/Agency Member Chavez offered the following resolution, heading read, text waived: A. CITY COUNCIL RESOLUTION NO. 2006-325, REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1959, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2005/2006 BUDGET FOR THE SOUTHWEST PROJECT AREA PORTION OF FUNDS 651 AND 671-675 IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY, AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS (4/5THS VOTE REQUIRED) The motion carried 4-0-1, with Council! Agency Member McCann abstaining. Council/Agency Member Rindone then left the dais, and Council/Agency Member McCann returned to the dais. ACTION: Mayor/Chair Padilla offered the following resolution, heading read, text waived: B. CITY COUNCIL RESOLUTION NO. 2006-326, REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1960, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2005/2006 BUDGET FOR THE TOWN CENTER II, AND ADDED AREA PORTION OF FUND 651, IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY (4/5THS VOTE REQUIRED) The motion carried 4-0-1, with Council/Agency Member Rindone abstaining. Council! Agency Member Rindone returned to the dais at this time. Page 2 - CounciVRDA Minutes http://www.chulavistaca.gov 15-~ October 24, 2006 ACTION ITEM (continued) ACTION: Mayor/Chair Padilla offered the following resolution, heading read, text waived: C. CITY COUNCIL RESOLUTION NO. 2006-327, REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1961, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2005/2006 BUDGET, EXCLUDING FUNDS 651 AND 671-675, IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY, AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS (4/5THS VOTE REQUIRED) The motion carried 5-0. OTHER BUSINESS 2. CITY MANAGERlDIRECTOR'S REPORTS There were none. 3. MAYOR/CHAIR'S REPORTS There were none. 4. COUNCIL/AGENCY MEMBERS' COMMENTS There were none. ADJOURNMENT At 7:25 p.m., Chairman Padilla adjourned the Redevelopment Agency to the adjourned regular meeting of October 26, 2006 at 4:00 p.m. in the Council Chambers. At I :05 a.m., Mayor Padilla adjourned the City Council to the adjourned regular meeting of October 26, 2006, at 4:00 p.m. in ,,"C_ilCMmb= q~ ~ V~ Lori Anne Peoples, CMC, Senior Deputy City Clerk Page 3 - Counci1lRDA Minutes http://www.chulavistaca.gov ".- \6-~ October 24, 2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 7,2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:19 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, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY LIZ PURSELL, COMMUNICATIONS DIRECTOR, OF THE EMPLOYEE OF THE MONTH, DIANE HOWELL, ADMINISTRATIVE TECHNICIAN Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Howell. . DID YOU KNOW...ABOUT THE RUOK PROGRAM AT NORMAN PARK CENTER? Presented by Karen Harvell, Recreation Supervisor III. Recreation Director Buck Martin introduced Ms. Harvell, who discussed the RUOK Program. CONSENT CALENDAR (Items 1 through 7) Councihnembers Castaneda and Rindone stated that they would abstain from voting on Item 4 because their properties were within 500 feet ofthe public facilities. Item 7 was pulled from the Consent Calendar for discussion by members of the public. 1. WRITTEN COMMUNICATIONS Letter of resignation from Mike Spethman, a 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. ) C - J DRAFT CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 3048, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD SECTION 5.42.020, REQUIRING ANY PERSON PRACTICING MEDICINE TO SHOW A VALID STATE LICENSE OR CERTIFICATE AS A REQUIREMENT TO OBTAIN A BUSINESS LICENSE (SECOND READING) Adoption of the ordinance requires any person practicing medicine in Chula Vista to show a valid, state-issued license or certificate in order to obtain a business license. This ordinance was introduced on October 24, 2006. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3049, ORDINANCE OF THE CITY OF CHULA VISTA IMPLEMENTING CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING FACILITIES AT THE OTA Y RANCH TOWN CENTRE (SECOND READING) Adoption of the ordinance permits the Police Department to conduct Vehicle Code enforcement on this property. This ordinance was introduced on October 24, 2006. (Police Chief) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3050, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA (SECOND READING) Adoption of the ordinance approves the Public Facilities Development Impact Fees March 2006 Update. This ordinance was introduced on October 24, 2006. (Budget and Analysis Director) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION NO. 2006-329, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $30,304.44 REIMBURSEMENT FROM ALLIED WASTE SERVICES FOR PUBLIC EDUCATION BOOKLET DESIGN AND PRINTING, AND AMENDING THE FISCAL YEAR 2007 GENERAL SERVICES' SUPPLIES AND SERVICES BUDGET AND APPROPRIATING FUNDS THEREFOR The General Services Department received a reimbursement check for $30,304.44 from Allied Waste Services for costs incurred in designing and printing a new public information booklet for recycling and solid waste services. The booklet is being mailed to all single-family households with the January invoices. (General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes http://www.chulavistaca.gov /c-;;)- November 7, 2006 DRAFT CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2006-330, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION FOR A $212,875 "GREEN TREES FOR THE GOLDEN STATE" GRANT TO PLANT 1,275 SHADE TREES ALONG PUBLIC PARKWAYS AND RIGHTS-OF-WAY, CERTIFYING THAT THE CITY HAS SUFFICIENT FUNDS TO COMPLETE 'THE PROJECT BY MARCH 31, 2009, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH SUBMITTING THE APPLICATION Adoption of the resolution approves the submittal of a $212,875 "Green Trees for the Golden State" grant application to the California Department of Forestry and Fire Protection. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 7. Item 7 was removed from the Consent Calendar for discussion. ACTION: Mayor Padilla offered Consent Calendar Items I through 6, headings read, texts waived. The motion carried 5-0, except on Item 4, which carried 3-0-2, with Councilmembers Castaneda and Rindone abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. RESOLUTION NO. 2006-331, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO CITY COUNCIL POLICY 465-02 "SIGNS ON PUBLIC PROPERTY" TO ADD PROVISIONS FOR TEMPORARY REGIONAL CENTER DIRECTIONAL SIGNS Adoption of the resolution amends the existing Council policy regarding signs on public property to add an additional permitted category of temporary regional center directional signs. This provision responds to a need that has arisen to provide residents and visitors the means to easily locate regional-serving commercial centers from access points at Interstate 805 in an attractive and safe manoer, prior to and for one year after the opening of SR-125. (Planoing and Building Director) Staffrecommendation: Council adopt the resolution. Ed Fishanf, representing Basset Furniture Direct, stated that City support of the proposed signage is one of the steps towards making the district a success. Mike Vote, representing IRE Development, stated that approval of the proposed directional signs is one of a number of steps necessary to provide much needed foot traffic to the district. He asked the Council and staff to work with the district to think outside the box for ideas to improve business for the tenants. Doug Chase, representing Bay Bridge Brewing, stated that an application he submitted to the City for a brewery/restaurant in the design district has been put on hold. He believed that the proposed restaurant was needed in the design district and would go a long way toward providing the necessary foot traffic and create an excellent synergy between the restaurant and existing tenants. He requested that his application be considered independently of the higher-level applications, and that staff allow some flexibility for the restaurant. Page 3 - Council Mioutes http://www .chulavistaca.gov /C-3 November 7, 2006 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Mike Larson, representing Follage Furniture and Interiors, expressed his appreciation of Council's support of the design district. Brian Roble, representing Caldera Spas, expressed his appreciation for the City's support and expressed the need for foot traffic to increase business that w~uld ultimately result in sales tax dollars to the City. Deputy Mayor McCann stated that the proposed signage is just one step towards assisting with the success of businesses in the design district that will ultimately benefit the City and its citizens. He believed that the microbrewery did fit in the current plan, and he encouraged staff to expedite the application submitted by Mr. Chase. Councilmember Rindone made reference to a staff memorandum to Council that addressed a number of issues regarding the design district, stating that a "Red Team" had been established to address these issues. Councihnember Chavez stated that time is of the essence in moving forward to make businesses in the design district a success. Councilmember Castaneda stated that the existing design district is a fledging operation and can only survive by growing and with the support of the City. He added that the success of existing businesses in the district would be an attraction for new businesses to relocate there. ACTION: Deputy Mayor McCann moved to approve staffs recommendation and offered Resolution No. 2006-331, heading read, text waived. The motion carried 5-0. PUBLIC COMMENTS There were none. OTHER BUSINESS 8. CITY MANAGER'S REPORTS Interim City Manager Thomson noted that the U.S. Department of Housing and Urban Development has approved the City's $9.5 million Section 108 loan to be used for the installation of various street improvements in the Castle Park area. Interim City Manager Thomson conferred and confirmed with the Council that the joint meeting of the Chula Vista Redevelopment CorporationlRedevelopment Agency/City Council would be conducted as scheduled on Thursday, November 16, 2006, at 6:00 p.m. in Council Chambers. 9. MAYOR'S REPORTS A. Ratification of Ms. Teresa Acerro to the Growth Management Oversight Commission. B. ACTION: Ratification ofMr. John Ray to the Growth Management Oversight Commission. Mayor Padilla moved to ratify the appointment of Teresa Acerro and John Ray to the Growth Management Oversight Commission. The motion carried 5-0. Page 4 - Council Minutes http://www .chulavistaca.gov J C. i..l November 7, 2006 DRAFT OTHER BUSINESS (Continued) 10. COUNCIL COMMENTS Councilmember Rindone congratulated all those involved with the successful opening of the Otay Town Center. He stated that the City must persevere to provide similar opportunities on the west side. Councilmember Rindone requested that the City Clerk's Office deliver any revised agenda items il to his office on the day of the revision. Deputy Mayor McCann invited all to attend the Veterans Day celebration on Saturday, November II, 2006, at 11:00 a.m. in Memorial Park. Deputy Mayor McCann: A. Schedule workshop to discuss with the community the proposed new power plant facility. Deputy Mayor McCann requested that a workshop be held between all parties involved in the power plant to analyze all the issues and set a cohesive policy direction. Mayor Padilla asked the status of the Energy Working Group, a sub-group of the committee working on the power plant issues. Assistant City Manager Madigan replied that the group includes a couple of Port Commissioners and Councilmember Castaneda, who have had several meetings on the issue and have made recommendations to the Port Commission. She then asked Councilmember Castaneda to provide an update on the last meeting. Councilmember Castaneda explained that the City is currently under review by the California Energy Commission, and that LS Power, formerly owned by Duke Energy, has applied for an application for certification. He stated that although the City would have numerous opportunities to weigh in on the approval process, it does not have authority or jurisdiction over whether the existing power plant stays or goes. He stated that the issue is very complex, and without the support of the State of California and other agencies involved, there is a strong likelihood that the power plant would remain for many years to come. He spoke in support of a workshop that would include the three state agencies involved. B. Evaluations of the City Attorney, City Clerk and City Manager/Interim City Manager. Deputy Mayor McCann expressed the need to regularly schedule evaluations of the City Attorney, City Clerk and City Manager/Interim City Manager to maintain good management. He requested that evaluations be scheduled in January and regularly scheduled thereafter. ADJOURNMENT At 5:11 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on November 14, 2006 at 6:00 p.m. in the Council Chambers. ----- Lorraine Bennett, CMC, Deputy City Clerk Page 5 - Council Minutes http://www.chulavistaca.gov IC-5 November 7,2006 DRAFT MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA November 7, 2006 4:00 P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 5:11 p.m. in the Council ChlUllbers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council/Agency Members: Castaneda, Chavez, McCann, Rindone and Mayor/Chair Padilla Council/Agency Authority Members: None Interim City Manager/Executive Director Thomson, Senior Assistant City Attorney/Agency Counsel Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett CONSENT CALENDAR (Item 1) With regard to Item 1, Senior Assistant City Attorney Marshall stated that due to a possible conflict of interest, and out of an abundance of caution, the City Attorney's Office recommended that Agency/Councilmember Castaneda not participate in voting on the item, since his residence is within 500 feet of the Town Center I project area. Agency/Councilmember Castaneda then left the dais. 1. COUNCIL RESOLUTION NO. 2006-332, AND AGENCY RESOLUTION NO. 2006- 1964, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RECONSIDERING AND APPROVING AN ADDENDUM TO THE LETTER OF INTENT BETWEEN THE CITY, THE REDEVELOPMENT AGENCY, THE SAN DIEGO UNIFIED PORT DISTRICT, AND GAYLORD ENTERTAINMENT COMPANY CONCERNING BAYFRONT HOTEL, CONVENTION CENTER, AND ANCILLARY DEVELOPMENT; AND AUTHORIZING THE CITY MANAGERlEXECUTIVE DIRECTOR TO SIGN THE LETTER OF INTENT ON BEHALF OF THE CITY AND THE REDEVELOPMENT AGENCY Adoption of the resolution amends the letter of intent between the San Diego Unified Port District, City of Chula Vista, Redevelopment Agency of the City of Chula Vista, and Gaylord Entertainment Company to add langualle that commits the governmental entities to continue to promote job quality and pnority for the local workforce, protect environmental resources, and continue public involvement as the City, Agency, and Port negotiate public participation agreements for the Gaylord hotel and conference center proposed for the Chula Vista bayfront. The financing proposed within the letter of intent has the potential to impact both the Bayfront and Towne Center I redevelopment project areas. This resolution was originally approved on October 10, 2006, on the Consent Calendar. A vote on the item by Councilman Castaneda was inadvertently recorded at that time. Out of an abundance of caution, because Councilmember Castaneda lives within 500 feet of the Town Center I redevelopment l?roject area, and the presence or lack thereof of a conflict of interest cannot be detenmned at this time, the resolution is presented for re-adoption. (Assistant City Manager Madigan) Staffrecommendation: Council adopt the resolution. 1))-1 DRAFT CONSENT CALENDAR (Continued) Tracy Wert, representing the Southwest Regional Council Carpenters Union, expressed concern that Hansel Phelps, an out-of-state general contractor, was being considered by the City as the general contractor for the bayfront development. He stated that Hansel Phelps hires out-of-state workers at sub-standard wages, which creates displacement of the local workforce. He recommended that the City hire a local contractor who would efIlploy qualified local workers at an area standard wage. Mayor Padilla clarified that the subject of the item on this agenda is only an agreement to negotiate cost-sharing specifics; the Council is not yet at a project-approval stage. Richard Medina, representing the Carpenters Union, stated that the union has represented skilled craftsmen for years. He offered to be involved in the process and provide a strong ally. ACTION: Chair/Mayor Padilla moved to approve staff s recommendation and offered Council Resolution No. 2006-332 and Redevelopment Agency Resolution No. 2006-1964, heading read, text waived. The motion carried 4-0-1, with Agency/Councilmember Castaneda abstaining. Agency/Councilmember Castaneda returned to the dais. PUBLIC COMMENTS There were none. OTHER BUSINESS 2. CITY MANAGER/DIRECTOR'S REPORTS There were none. 3. MAYOR/CHAIR'S REPORTS There were none. 4. COUNCIL/AGENCY MEMBERS' COMMENTS There were none. ADJOURNMENT At 5:20 p.m., Chair/Mayor Padilla adjourned the City Council to its Regular Meeting on November 14, 2006, at 6:00 p.m. and the Redevelopment Agency to an Adjourned Regular Meeting on November 16,2006, at 6:00 p.m. in the Council Chambers. ----- Lorraine Bennett, CMC, Deputy City Clerk Page 2 - Council/RDA minutes http://www.chulavistaca.gov fD-d- November 7, 2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 14, 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, McCann, Rindone ABSENT: Councilmembers: Chavez (excused), Padilla (excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Theresa Acerro, Growth Management Oversight Commission John Ray, Growth Management Oversight Commission Deputy City Clerk Bennett administered the oath of office to Commissioner Acerro, and Councilmember Rindone presented her with a certificate of appointment. Mr. Ray was not present at the meeting. . DID YOU KNOW...ABOUT THE CHULA VISTA POLICE DEPARTMENT'S ACADEMY OF CRIMINOLOGY & JUSTICE PROGRAM AT OTA Y RANCH HIGH SCHOOL? Presented by Leonard Miranda, Police Captain. Captain Miranda presented the program and recognized some of the individuals involved, namely School Resource Officer Jose Cortez, School Program Coordinators JoAnne Silva and Vincente Martinez, and Police Cadets Jorge Molina, Abraham Munoz, Casandra Carillo, Veronica Fernandez, and Adriana Arrellano. CONSENT CALENDAR (Items 1 through 6) Interim City Manager Thomson requested that Item 4 be withdrawn from the agenda and brought back at a future meeting. With regard to Item 4, Councilmember Rindone asked that the item be brought back with more detailed information, including fiscal impact and comparables with other institutions. CI .....- DRAFT CONSENT CALENDAR (Continued) 1. WRITTEN COMMUNICATIONS A. Memorandum from Mayor Padilla requesting an excused absence from the City Council meeting of November 14, 2006 and the Chula Vista Redevelopment Corporation/Redevelopment Agency/City CO\ll).cil meeting of November 16, 2006. Staff recommendation: Council excuse the absences. B. Memorandum from Councilmember Chavez requesting an excused absence from the City Council meeting of November 14, 2006 and the Chula Vista Redevelopment Corporation/Redevelopment Agency/City Council meeting of November 16,2006. Staff recommendation: Council excuse the absences. 2. RESOLUTION NO. 2006-333, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED GRANTING AN EASEMENT OVER A PORTION OF CITY- OWNED LAND TO PACIFIC BELL TELEPHONE COMPANY FOR UTILITY AND ACCESS PURPOSES AS NECESSARY TO INSTALL AND MAINTAIN AN ABOVE-GROUND SERVICE CABINET Adoption of the resolution grants an easement over a portion of City-owned land on the east side of Oleander Avenue, south of East Palomar Street, to Pacific Bell Telephone Company for utility and access purposes as necessary to install and maintain an above- ground service cabinet. The cabinet is being installed to improve service to residences in the area. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2006-334, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A l20-DAY EXTENSION TO THE DEFERRAL OF THE PORTION OF THE COMPREHENSNE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8, 9, 10/ UNIVERSITY AREA OF OTAY RANCH The extension to the deferral of the portion of the comprehensive General Plan update is necessary in order to provide sufficient time to enable the landowners and the City to agree upon a defined draft land plan. (planning and Building Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO PEARTREES CATERING INCORPORATED, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 - Council Minutes http://www.chulavistaca.gov JE-"d- November 14, 2006 DRAFT CONSENT CALENDAR (Continued) The Police and Purchasing Departments have completed an evaluation of proposals received for food preparation and delivery services (RFP 1-06/07-R) for the Police Department's holding facility. Adoption of the resolution accepts proposals, awards the agreement to Peartrees Catering Incorporated, and authorizes the Mayor to execute the agreement. (Police Chief) Staff recommendation: The item be removed from the agenda. 5. RESOLUTION NO. 2006-335, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-17, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID MAP Adoption of the resolution approves a final map and associated agreements for Neighborhood R-17, a subdivision of Otay Ranch Village II. Neighborhood R-17 will consist of residential condominiums and two open space lots, Lot A, along Hunte Parkway to the south and Lot B, along the Paseo to the east. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-336, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS MD-I AND R-19, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON SAID MAP AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID MAP Adoption of the resolution approves a final map and associated agreements for Neighborhoods MD-l and R-19, a subdivision of Otay Ranch Village II. Neighborhoods MD-l and R-19 consist of residential condominiums, mixed-use condominiums, and commercial acres on three lots with three open space lots (Lots A, B and C) along Eastlake Parkway. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor McCann moved to approve staff's recommendations and offered Consent Calendar Items 1 through 3, 5 and 6, headings read, texts waived. The motion carried 3-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 3 - Council Minutes http://www .chulavistaca.gov iE-3 November 14, 2006 DRAFT PUBLIC COMMENTS Maggie Comans, representing Bayscene Mobilehome Park, expressed interest in receIvmg information from staff regarding the rezoning of the mobilehome park. She stated that the park residents are worried about their future and would like to know about any resolution of the matter. Deputy Mayor McCann requested that staff notify Ms. Comans when the matter is addressed at a future Council Meeting and also provide her with'a status report. Emilia Perez, representing Bayscene Mobilehome Park, stated that the park residents are very worried about losing their homes. She asked the Council to assist them before the park is rezoned, and to do the right thing for the residents. PUBLIC HEARINGS Interim City Manager Thomson requested that the public hearing be cancelled, stating that the item would be brought back as an Action Item on a future agenda. 7. CONSIDERATION OF ADOPTION OF THE DRAFT FINAL OTAY RIVER WATERSHED MANAGEMENT PLAN (WMP) On April 15, 2003, the City entered into a joint exercise of powers agreement with the County of San Diego, the cities of Imperial Beach and San Diego, and the San Diego Unified Port District; and participated in the development of the Otay River Watershed Management Plan (WMP). The WMP is a document that characterizes the resources of the Otay River watershed and identifies implementing strategies to protect and enhance the water quality and biological resources. Adoption of the resolution adopts the final plan and allows the City and the other participants to pursue funding opportunities to implement the strategies identified. (Planning and Building Director) Staff recommendation: The hearing be cancelled. OTHER BUSINESS 8. CITY MANAGER'S REPORTS There were none. 9. MAYOR'S REPORTS A. Ratification of Mr. John Acosta to the Veterans Advisory Commission. ACTION: Deputy Mayor McCann asked that this item be continued to next week when Mayor Padilla would be present. Page 4 - Council Minutes http://www .chulavistaca.gov - " 1/---'+ November 14, 2006 DRAFT OTHER BUSINESS (Continued) B. Consideration of designation of voting delegate and alternate for National League of Cities Annual Business Meeting to be held Saturday, December 9, 2006 in Reno, Nevada. ACTION: Councilmember Rindone moved to authorize Councilmember-Elect Ramirez to attend the National League of Cities Annual Business Meeting on December 9, 2006, and, if he is unable to attend, to instruct staff to rescind the reservation. Councilmember Castaneda seconded the motion, and it carried 3-0. 10. COUNCIL COMMENTS Councilmember Rindone congratulated Emerald Randolph and members of the CAST Program on their recent annual recognition banquet. Councilmember Rindone spoke about staffs memo in response to a referral addressing concerns about staffing levels in the Fire Department. It indicated increased demands that have negatively affected the existing staffs ability to maintain adequate levels of service and that delays in Fire Prevention service that have impacted the entire building permit process. He suggested that as the budget process begins, additional staffing needs be reviewed, since service has a direct impact on the building permit process which, in turn impacts, the City's resources. Councilmember Rindone spoke about some discourse by community members concerning bus routes 7071709A. He stated that a study by the Metropolitan Transit System (MTS) has revealed that the productivity of passenger services for these routes was less than a third of what was anticipated. Therefore, MTS and the City transit staff would be making a recommendation to the MTS Board to change the routes from Mackenzie Creek and Mount Miguel segment to Main Street and Proctor Valley Road, effective January 29,2007. Deputy Mayor McCann extended his congratulations and heartfelt thanks to the CAST organization for assisting local families facing difficult situations. He also thanked Emerald Randolph, who was unable to attend the CAST awards banquet, and he asked everyone to keep Emerald in their thoughts and prayers. CLOSED SESSION Closed Session was not held, and the following item was not discussed. II. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case Page 5 - Council Mioutes http://www.chulavistaca.gov JE-5 November 14, 2006 DRAFT ADJOURNMENT At 6:55 p.m. Deputy Mayor McCann adjourned the meeting to the Adjourned Regular Meeting of November 16, 2006 at 6:00 p.m., and thence to the Regular Meeting of November 21,2006 at 6:00 p.m. in the Council Chambers. ---- Lorraine Bennett, CMC, Deputy City Clerk Page 6 - Council Minutes http://www.chulavistaca.gov November 14, 2006 IE-('::' DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 21, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:15 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, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO COUNCILMEMBER PATTY DAVIS, PROCLAIMING NOVEMBER 21, 2006 AS "PATTY DAVIS DAY" Mayor Padilla read the proclamation and, with the assistance of Councilmember Chavez, presented it to Councilmember Davis. Mayor Padilla made his departing office comments at this point. . DID YOU KNOW... ABOUT THE POLICE DEPARTMENT CRIME LAB? Presented by Bill Johnson, Crime Lab Manager. Crime Lab Manager Johnson, assisted by Forensics Specialist Wright and Administrative Services Manager Chew, provided the presentation. CONSENT CALENDAR (Items 1 through 12) Deputy Mayor McCann stated he would abstain on Item 7 due to the proximity of property he owns to the subject property. Councilmember Rindone asked that Item 6 be pulled for discussion. 1. APPROVAL OF MINUTES of August 8, 2006. Staff recommendation: Council approve the minutes. I F~i DRAFT CONSENT CALENDAR (continued) 2. WRITTEN CORRESPONDENCE Letter of Resignation from Steve Palma, member of the Commission on Aging. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. . 3. RESOLUTION NO. 2006-338, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED EVEN START GRANT AUGMENTATION FUND IN THE AMOUNT OF $5,833 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) The California Department of Education has advised the Library that its four-year Even Start grant in the amount of $166,667 has been augmented by $5,833 for Fiscal Year 2007. Adoption of the resolution appropriates the funds. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-339, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED BILL AND MELINDA GATES FOUNDATION PUBLIC ACCESS HARDWARE UPGRADE PROGRAM (PAC HUG) IN THE AMOUNT OF $39,000 FOR THE REPLACEMENT OF PUBLIC ACCESS COMPUTERS PURCHASED FROM A PREVIOUS FOUNDATION GRANT (4/5THS VOTE REQUIRED) The Bill and Melinda Gates Foundation Public Access Hardware Upgrade Program (PAC HUG) has awarded the Chula Vista Public Library a one-time, unanticipated grant in the amount of $39,000 for the replacement of public access computers. Adoption of the resolution appropriates the funds. (Assistant City ManagerlLibrary Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-340, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED ONE-TIME GRANT REVENUE IN THE AMOUNT OF $57,807 FROM THE PUBLIC LIBRARY FUND FOR THE PURCHASE OF LIBRARY MATERIALS (4/5THS VOTE REQUIRED) The California State Library has notified the Library of a one-time augmentation to the Public Library Fund grant in the amount of $57,807. Adoption of the resolution appropriates the funds. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 6. This item was removed from the Consent Calendar for discussion. Page 2 - Council Minutes http://www .chulavistaca.gov November 21,2006 JF-;;L DRAFT 7. RESOLUTION NO. 2006-341, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED OVER A PORTION OF CITY OWNED LAND TO SAN DIEGO GAS AND ELECTRIC COMPANY (SDG&E) FOR UTILITY AND ACCESS PURPOSES AS NECESSARY TO PROVIDE ELECTRICAL AND/OR GAS SERVICE TO THE BONITA BRANCH OF THE SAN DIEGO COUNTY LIBRARY AND THE BONITA MUSEUM Adoption of the resolution grants an easement over a portion of City-owned land to San Diego Gas and Electric Company for utility and access purposes as necessary to provide electrical and/or gas service to the Bonita branch of the San Diego County Library and the Bonita Museum. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-342, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF "HES TRAFFIC SIGNAL IMPROVEMENTS AT FOURTH AVENUE AND K STREET" (TF-341) TO LEKOS ELECTRIC, INC., AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) On October 4, 2006, the Engineering Department received two sealed bids to complete the traffic signal improvements at Fourth and K Streets. Lekos Electric, Inc. submitted the low bid of $232,702. Adoption of the resolutions accepts the bids, awards the contract to Lekos Electric, Inc., and appropriates $25,000 from the available balance of the traffic signal fund to complete the project. (Acting Engineering Director) Staff reeommendation: Council adopt the resolution. 9. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30, ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 AND 6.30.020 (FIRST READING) Adoption of the ordinance makes it a misdemeanor to give away, offer for sale, or transfer any animal, bird, or reptile on public property or private property open to the public. (General Services Director) Staff recommendation: Council place the ordinance on first reading. 10. RESOLUTION NO. 2006-343, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF A WASTE TIRE ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENTS REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSES SPECIFIED IN THE GRANT Page 3 - Council Minutes http://www.chulavistaca.gov /F-3 November 21,2006 DRAFT CONSENT CALENDAR (continued) The City of San Diego is the lead agency for the Solid Waste Local Enforcement Agency (LEA) program in San Diego County. The cities of Chula Vista, Imperial Beach and National City are partnering with San Diego for the next grant cycle. (General Services Director) Staff recommendation: Council adopt the resolution. II. A. RESOLUTION NO. 344, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 POLICE DEPARTMENT PERSONNEL SERVICE BUDGET, ADDING UNCLASSIFIED POSITIONS, AND APPROPRIATING FUNDS THERFOR BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) B. 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 CALIFORNIA BORDER ALLIANCE GROUP (CBAG) - DIRECTOR OF SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER (SD LECC), CBAG ADMINISTRATIVE ANALYST I AND CBAG ADMINISTRATIVE ANALYST II (FIRST READING) The California Border Alliance Group (CBAG) is requesting to add the positions of CBAG - Director of San Diego Law Enforcement Coordination Center (SD LECC) and CBAG Administrative Analyst I and II. All positions would be fully funded through the southwest high intensity drug trafficking area, with an additional 3% administrative fee paid to the City for the payroll and benefits administration. (Police Chief) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 12. RESOLUTION NO. 2006-345, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $11,215 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE REQUIRED) The Police Department has received funding from the Bureau of Justice Assistance to pay for bulletproof vests through a Bulletproof Vest Partnership grant. The grant amount of $11,215 will pay for 50% of the cost of bulletproof vests, which will partially fund 21 vests. Matching funds are included in the Police budget. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered Consent Calendar Items 1 through 5 and 7 through 12, headings read, texts waived. The motion carried 5-0, except for Item 7, which carried 4-0-1 with Deputy Mayor McCann abstaining. Page 4 - Council Minutes http://www.chulavistaca.gov November 21, 2006 I F-Lf DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN INFORMATION MANAGEMENT, INC. FOR THE LONG-TERM STORAGE OF CITY RECORDS Adoption of the resolution approves a contract for the long-term storage and related records management services related to the City's inactive and permanent records. (City Clerk) Councilmember Rindone expressed concern that permanent records storage would not be provided in the former police facility, as previously planned; and he asked that the item be referred back to staff for additional research on alternatives and for a legal analysis to determine whether or not records are being kept when they are no longer needed. He asked that the report be brought back as soon as possible to that the Council had a better understanding of the process. ACTION: Councilmember Rindone moved to refer the item back to staff for further analysis. Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 13. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP APPLICATION FILED BY VILLAS DEL MAR DEVELOPMENT, LLC AND KNOWN AS VILLAS DEL MAR, CHULA VISTA TRACT 04-06 FOR 10 SINGLE FAMILY RESIDENTIAL LOTS ON 2.06 ACRES ON THE WEST SIDE OF NORTH DEL MAR AVENUE BETWEEN C STREET AND BRISBANE AVENUE The project consists of the removal of an existing house and subdivision of the project site into 10 single-family residential lots, ranging in size from 5,805 to 8,657 square feet, and one common lot containing the private road and common landscaping areas. The average lot size is approximately 7,040 square feet. Adoption of the resolution approves the Mitigated Negative Declaration and Mitigation Monitoring Program IS-04-022, and approves the tentative subdivision map, Chula Vista Tract 04-06, in accordance with the findings and subject to the conditions contained in the resolution. (Planning and Building 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. Planning and Building Director Sandoval introduced the item, and Associate Planner Jeff Steichen presented the staff report and responded to questions of the Council. Page 5 - Council Minutes http://www.chulavistaca.gov November 21,2006 I F-5 DRAFT PUBLIC HEARING (continued) Councilmember Chavez asked staff to review the walkability for children in relation to area schools. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Rindone offered Resolution No. 2006-346, heading read, text waived: RESOLUTION NO. 2006-346, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IS-04-022, AND APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP FOR VILLAS DEL MAR, CHULA VISTA TRACT 04-06 - VILLAS DEL MAR DEVELOPMENT, LLC Councilmember Castaneda seconded the motion, and it carried 5-0. ACTION ITEMS 14. CONSIDERATION OF ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C THERETO Otay Proj ect, LP has requested that the City conduct proceedings to consider the annexation of territory into Improvement Area C of Community Facilities District 97-2 (Preserve Maintenance District). The conditions of approval of the tentative map for Otay Ranch Village Two require that the annexation be a condition of the first final map for the project. The district funds the maintenance of areas that have been conveyed to the preserve in accordance with the Otay Ranch Resource Management Plan. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of the resolutions will initiate the formal proceedings to consider the annexation. (Acting Engineering Director) Senior Civil Engineer Salem stated that staff, the consultant, and the developer were present to answer questions. ACTION: Deputy Mayor McCann offered Resolution Nos. 2006-347 and 2006-348, headings read, texts waived: A. RESOLUTION NO. 2006-347, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP, ANNEXATION NO.6, SHOWING TERRITORY (OTAY RANCH VILLAGE TWO) PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C Page 6 - Council Minutes http://www .chulavistaca.gov ) F-& November 21,2006 DRAFT ACTION ITEMS (continued) B. RESOLUTION NO. 2006-348, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION, ANNEXATION NO.6, OF TERRITORY (OTAY RANCH VILLAGE TWO) TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C THERETO AND SETTING THE PUBLIC HEARING TO CONSIDER AUTHORIZATION OF SAID ANNEXATION The motion carried 5-0. 15. CONSIDERATION OF APPROVAL OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13M (OTA Y RANCH VILLAGE TWO) Otay Project, LP has requested that the City conduct proceedings to consider the approval of the formation of Community Facilities District (CFD) 13M (Otay Ranch Village Two). The tentative map conditions of approval require that the CFD be formed prior to issuance of the first production home building permit. The district will fund the perpetual operation and maintenance of slopes, medians, parkways, trails, and storm water treatment facilities The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of this resolution initiates the formal proceedings to consider the establishment ofCFD 13M. (Acting Engineering Director) Senior Civil Engineer Salem stated that staff, the consultant, and the developer were present to answer questions. ACTION: Deputy Mayor McCann offered Resolution Nos. 2006-348, 2006-350, and 2006- 351, headings read, texts waived: A. RESOLUTION NO. 2006-349, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) B. RESOLUTION NO. 2006-350, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES AND SETTING THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT Page 7 - Council Minutes http://www.chulavistaca.gov ) F- r; November 21, 2006 DRAFT ACTION ITEMS (continued) C. RESOLUTION NO. 2006-351, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13M (OTA Y RANCH V.ILLAGE TWO) The motion carried 5-0. OTHER BUSINESS 16. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded everyone that there would not be a meeting on Tuesday, November 28,2006. 17. MAYOR'S REPORTS A. Ratification of Mr. John Acosta to the Veterans Advisory Commission. (Continued from November 14,2006) B. Ratification of Ms. Rita Buencamino-Andrews to the Board of Appeals and Advisors ACTION: Mayor Padilla moved to ratifY the appointments of Mr. Acosta to the Veterans Advisory Commission and Ms. Buencarnino-Andrews to the Board of Appeals and Advisors. Councilmember Castaneda seconded the motion, and it carried 5-0. 18. .. COUNCIL COMMENTS Deputy Mayor McCann: A. A formal request for a review of performance and progress of the Chula Vista Redevelopment Corporation. Deputy Mayor McCann stated that since the Chula Vista Redevelopment Corporation (CVRC) is a new entity, breaking new territory, he would like to review what is and is not working to determine how to do the job better. He asked that staff provide an independent review in terms of performance and progress to see what the ultimate results of the corporation are and bring it back to the Council for review. Councilmember Rindone commented that it will be beneficial when the CVRC Executive Director position is filled and many of the issues of joint concern can be addressed. Councilmember Rindone referred to Mayor Padilla's departing office, stating that he enjoyed being a partner with the Mayor in trying to do the best for the City, and he cherished the Mayor's ability to articulate key issues on which the City must focus. Further, he said he looked forward to future assistance on key projects, and he concluded by thanking Mayor Padilla for his many years of dedication and service to the City. Page 8 - Council Minutes http://www.chulavistaca.gov November 21, 2006 I F- f: DRAFT OTHER BUSINESS (Continued) Councilmember Rindone: B. Request for Council concurrence to reopen the application process to accept applications for City Manager and extend the deadline for filing until December 5, 2006. ACTION: Councilmember Rindone then moved to reopen the application process for City Manager and extend the deadline for filing to December 5, 2006. Deputy Mayor McCann seconded the motion, and it carried 5-0. Deputy Mayor McCann thanked the Mayor for his service and wished him and his family the best, stating that he was looking forward to continuing their relationship. Councilmember Chavez spoke regarding recent articles about the sale of Paradise Valley Hospital in National City and asked staff to review the potential impact the salet may have on the Chula Vista. She then thanked the Mayor for his support, the opportunity to work with him, and his leadership, both as the Mayor and a citizen. She said he had made a permanent impact on the City. Councilmember Castaneda thanked the Mayor for the opportunity to work with him and stated he would be pleased to work with him again in the future. Futher, he commented that he the Mayor's actions were taken for the betterment of Chula Vista, and the City is clearly a better place because of his leadership. ADJOURNMENT At 7:32 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of December 5, 2006 at 4:00 p.m. in the Council Chambers. dfu~~~ Lori Anne Peoples, CMC, Senior Deputy City Clerk Page 9 - Council Minutes http://www .chulavistaca.gov I F'~ ~1 November 21,2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 5, 2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 13 p.m.3 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, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG LED BY BL YSS, JOHNNY AND GRANT MCCANN; RAQUEL RAMIREZ; JACOB, MADELIN AND P AUL CHAVEZ, AND ASHLEIGH PADILLA NATIONAL ANTHEM PERFORMED BY JAMES PINKNEY INVOCATION BY THE REVEREND DR. RICHARD FREEMAN SPECIAL ORDERS OF THE DAY I. RESOLUTION NO. 2006-352, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 7, 2006 AND DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The Registrar of Voters has transmitted the certified results of the Special Municipal Election held on November 7, 2006. Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the Council. Elections Code Section 15400 requires the Council to declare the results of the election. The proposed resolution contains the official results as reported by the Registrar of Voters. (City Clerk) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered Resolution No. 2006-352, heading read, text waived. The motion carried 5-0. ! G~/ DRAFT COMMENTS BY DEPARTING ELECTED OFFICIALS: "* COMMENTS BY OUTGOING MAYOR STEPHEN C. PADILLA Mayor Padilla gave his outgoing comments, expressing his sincere thanks, appreciation and gratitude to the community and City staff for their support. H~ then gave special thanks to his daughter, Ashleigh Padilla, and his father, Don Wroe. "* COMMENTS BY OUTGOING COUNCILMEMBER PATTY CHAVEZ Councilmember Chavez gave her outgoing comments and thanked the community, City staff, colleagues and family for their support. OATHS OF OFFICE FOR RE-ELECTED AND NEWLY ELECTED OFFICIALS: "*OATH OF OFFICE FOR RECENTLY RE-ELECTED COUNCILMEMBER JOHN MCCANN TO BE ADMINISTERED BY MYSSIE MCCANN Myssie McCann administered the oath of office to Councilmember McCann, and City Clerk Bigelow presented him with the certificate of election. "* COMMENTS BY COUNCILMEMBER JOHN MCCANN Councilmember McCann thanked his family for their support. He then spoke about the City's accomplishments over the past four years and about moving forward with future plans for investment and a positive economic climate for the City. "* OATH OF OFFICE FOR NEWLY ELECTED COUNCILMEMBER RUDY RAMIREZ TO BE ADMINISTERED BY RODOLFO AND VIRGINIA RAMIREZ Rodolfo and Virginia Ramirez administered the oath of office to Councilmember Ramirez, and City Clerk Bigelow presented him with the certificate of election. "* COMMENTS BY COUNCILMEMBER RUDY RAMIREZ Councilmember Ramirez thanked his family for their guidance and support. He spoke about revamping the City's ethics ordinance and bringing forth a sensible lobbying registration proposal, addressing issues of the City budget, redevelopment, public safety, recruitment of a new City Manager, focusing on creating a work environment for City staff where excellence can flourish, and providing a destination of community benefits. Norbert Stein delivered a poem to the audience entitled "Happy Holidays". Page 2 - Council Minutes http://www .chuIavistaca.gov J (;;. - ~d'- December 5, 2006 DRAFT *OATH OF OFFICE FOR NEWLY ELECTED MAYOR CHERYL COX TO BE ADMINISTERED BY THE HONORABLE GREGORY R. COX The Honorable Gregory Cox administered the oath of office to Mayor Cox, and City Clerk Bigelow presented her with the certificate of election. * COMMENTS BY MAYOR CHERYL COX Mayor Cox thanked all Chula Vista Elementary School District staff and City staff. She also thanked and recognized her campaign staff and the many contributions by former Councilmembers. She congratulated newly elected and re-elected Councilmembers Ramirez and McCann. Lastly, she thanked her family for their support. RECESS FOR RECEPTION AND THENCE TO A CLOSED SESSION OF THE NEWLY CONSTITUTED COUNCIL At 5:10 p.m., Mayor Cox declared a recess for the reception and announced that the newly constituted Council would convene for Closed Session at 5:45 p.m. to consider the following: 2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAURELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 At 6:06 p.m., Mayor Cox reconvened the meeting. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett ACTION: Mayor Cox reported that in Closed Session, the incumbent in the position of Intergovernmental Affairs Coordinator in the Department of Mayor and Council was removed from office pursuant to the provisions in Charter section 500(b). CONSENT CALENDAR (Items 3 through 11) With regard to Item II, Councilmember Rindone asked staff for a response to additional information he had previously requested on this item. Police Chief Emerson explained that comparables were added in the report that included costs per meal per inmate. Councilmember Rindone stated that he believed that there would also be comparables available from the school district. Chief Emerson replied that the Sweetwater School District reported that they produce about 4 million meals per year, based upon the number of students and school days, at an approximate cost of $2 per meal. He stated that the Police Department would be producing a maximum of 30,000 meals that would be delivered by a private vendor, while Sweetwater utilizes its own in-house staff. Chief Emerson believed that the proposed staff recommendation was appropriate and gave the best price point possible. Page 3 - Council Minutes http://www .chulavistaca.gov C-3 \..~J December 5, 2006 DRAFT CONSENT CALENDAR (Continued) Councilmember Castaneda stated that he would abstain from voting on Item 11, since he owns property within 500 feet of the Police Department facility. Regarding Item 11, Councilmember Ramirez commented that progress has been made to pay for the Police Department holding facility and asked what could be expected in the years to come. Police Chief Emerson replied that the City has entered into a contract with the State of Cali fomi a to open up 50% of the City's jail capacity to a program run by state parole for an education component for non-violent offenders, primarily drug offenders from the region, that would generate revenues of $600,000 per year. A target date of December 15, 2006 is set to commence with the program. The remaining 50% jail capacity would accommodate local arrests and bookings of offenders. Councilmember Ramirez asked if the City has abandoned any ideas to achieve the projected revenues. Chief Emerson responded that the City is on point to bring in $802,000 of the projected $989,000 for fiscal year 2006/2007. Councilmember Ramirez stated that he would be interested in seeing the revenues continue and would like to meet with staff to discuss the matter. 3. ORDINANCE NO. 2006-3051, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A REZONE (PCZ-06-04) FROM S90 ZONE TO CENTRAL COMMERCIAL PRECISE PLAN (CC-P) ZONE AND ESTABLISHING A PRECISE PLAN MODIFYING STANDARD FOR A 3.6 ACRE PORTION OF A 5.5 ACRE SITE LOCATED AT 912-944 THIRD AVENUE Adoption of the ordinance approves a rezone and establishes a precise plan, modifying standard for 3.6 acres of a 5.5-acre site located at 912-944 Third Avenue. This ordinance was introduced on November 16, 2006. (Acting Community Development Director) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 2006-3052, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30 ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 Adoption of the ordinance makes it a misdemeanor to give away, offer for sale, or transfer any animal, bird, or reptile on public property or private property open to the public. This ordinance was introduced on November 21, 2006. (General Services Director) Staff recommendation: Council adopt the ordinance. 5. ORDINANCE NO. 2006-3053, 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 CALIFORNIA BORDER ALLIANCE GROUP (CBAG) - DIRECTOR OF SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER (SD LECC), CBAG ADMINISTRATNE ANALYST I AND CBAG ADMINISTRATNE ANALYST II Page 4 - Council Minutes http://www .chulavistaca.gov I G--4 December 5, 2006 DRAFT CONSENT CALENDAR (Continued) Adoption of this ordinance adds the positions of CBAG - Director of San Diego Law Enforcement Coordination Center (SD LECC), and CBAG Administrative Analyst I and II. AIl positions are fully funded through the southwest high intensity drug trafficking area, with an additional 3 % administrative fee paid to the City for the payroll and benefits administration. This ordinance was introduced on Nove';I1ber 21,2006. (police Chief) Staff recommendation: Council adopt the ordinance. 6. RESOLUTION NO. 2006-353, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR EDUCATIONAL AND TRAINING SERVICES WITH SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, AND APPROPRIATING FUNDS TO THE FIRE DEPARTMENT PERSONNEL SERVICES BUDGET IN THE AMOUNT OF $15,000 BASED ON UNANTICIPATED REVENUE The City has negotiated an agreement with the Southwestern Community College District for educational and training services in an effort to continue to meet the training requirements of the City ofChula Vista Fire Department. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-354, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $4,767 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS The Animal Care Facility (ACF) has received donations totaling $4,767 from various donors from July through October 2006. Adoption of the resolution will allow the donations to be used to purchase medical and laboratory supplies as needed to provide veterinary care. (General Services Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-355, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2007 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-356, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO TRANSFER APPROPRIATIONS BUDGETED FOR THE FISCAL YEAR 2005 STATE HOMELAND SECURITY GRANT PROGRAM TO THE PROPER EXPENDITURE CATEGORIES IN ORDER TO MAKE REQUIRED PURCHASES AND FULFILL GRANT REQUIREMENTS Page 5 - Council Mioutes http://www.chulavistaca.gov 1(;--5 December 5, 2006 DRAFT CONSENT CALENDAR (Continued) Adoption of the resolution transfers budgeted appropriations from the personnel services category to the supplies and services and equipment expenditure categories within the Information Technology Services Department budget. The transfers are required in order to make necessary purchases and fulfill grant requirements. (Information Technology Services Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2006-357, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; TERRY A. HAYES ASSOCIATES, LLC., CONSULTANT; AND CV-42 INVESTMENTS, LLC., APPLICANT, RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE RIVERWALK SECTIONAL PLANNING AREA (SPA) PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The applicant, CV -42 Investments, LLC., has filed an application for the Riverwalk project. The Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). Adoption of the resolution approves an applicant-funded consultant contract with Terry A. Hayes Associates, LLC. for an amount not to exceed $182,615 for the Riverwalk EIR. (planning and Building Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2006-358, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO PEARTREES CATERING INCORPORATED, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Police and Purchasing Departments have completed an evaluation of proposals received for food preparation and delivery services (RFP 1-06/07-R) for the Police Department's holding facility. Adoption of the resolution accepts proposals, awards the agreement to Peartrees Catering Incorporated, and authorizes the Mayor to execute the agreement. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Deputy Mayor McCann seconded the motion, and it carried 5-0, except on Item II, which carried 4-0-1, with Councilmember Castaneda abstaining since he owns property within 500 feet of the Police Department facility. Page 6 ' Council Mioutes http://www.chulavistaca.gov "'"" / I C:r-tp December 5, 2006 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Elroy Kihano expressed concern about excessive speeding and racing on City streets, particularly in the areas of East Palomar and Olympic Parkway. He was hopeful the Council would look into the matter and said that residents viewing the meeting via video streaming would also contact the City to express their concerns in the hopes of alleviating the problem. Jackie Lancaster spoke on behalf of Barbara Nunnely and the Jade Bay Mobilehome Park residents, reporting on the bankruptcy hearing held on November 29. She said that the Judge had insulted the City and nitpicked the applicable Municipal Code sections. She reported that the park residents would get approximately 15% depreciation value for their homes. Ms. Lancaster distributed a list of urgent needs of the current residents that included packing materials, vouchers, and moving assistance, and, foremost, an affordable place to live that would be close to amenities. She stated that all 38 residents would be without homes in April 2007. She asked how soon help would be made available to the residents and what was holding up information from the City as to how it can help. She was hopeful that the City would waste no time in lending assistance. Steve Molski offered his assistance with any matters related to the mobilehome issues. ACTION ITEMS 12. CONSIDERATION OF PROPOSALS RELATED TO STAFFING IN THE DEPARTMENT OF MAYOR AND COUNCIL AND OF AMENDMENTS TO THE MUNICIPAL CODE RELATED TO THE APPOINTING AUTHORITY FOR POSITIONS ESTABLISHED IN THE DEPARTMENT OF MAYOR AND COUNCIL The proposed Council actions involve staffing issues in the Department of Mayor and Council. Items A through C relate to a proposal by Mayor-elect Cox to redesign positions by designating these positions as Legislative Assistants I, II, and III, to serve at the will of the Mayor. The proposed positions would have broader job specifications than the current positions in order to allow greater flexibility in staffing the Department to better meet the needs of the City. The proposal involves the elimination of three positions currently authorized in the Department's budget. The redesigned positions would be funded through cost savings from the eliminated positions; no additional appropriations would be required. Item D is an ordinance to clarify that the Mayor is the appointing authority for positions established in the Department of Mayor and Council unless otherwise provided by City Charter or designated by the Council. Item D further provides that the appointing authority for the Council Assistants and Senior Council Assistants would be delegated to the individual Councilmembers served by them. (City Attorney/Mayor-elect) Page 7 - Council Minutes http://www.chulavistaca.gov ! ~ --? r .- (' i cr December 5,2006 DRAFT ACTION ITEMS (continued) Recommendation: Mayor-elect Cox recommends Council place the ordinances in Items A and B on first reading and adopt the resolution contained in Item C; and the City Attorney recommends that the Council place the ordinance in Item D on first reading. Deputy City Attorney Dawson presented a legal analysis of the I?roposals. Councilmember Rindone stated that he had no concerns with Item D, which stated what has been in practice. Regarding Items A, B and C, he believed any resulting savings should be returned to the general fund and not reallocated to staff in the Mayor and Council Office. Councilmember Ramirez stated that Item D was appropriate and would codify existing practice. He expressed concern with disparity and reporting authority to the Mayor rather than the remainder of the Council. He was hopeful that his colleagues would consider the implications and history and make appropriate decisions. Councilmember Castaneda spoke in support of Item D and said he would like further public discussion and further budget reductions, and to look at the needs of all officeholders. He stated that he would like to schedule a holistic discussion as soon as possible to discuss how the Mayor and Council can do the best job for the citizens. Deputy Mayor McCann stated that his concerns were primarily budget related and pointed out that two of the three proposed positions have salary ranges higher than the prior positions. He spoke of the need to look at the matter comprehensively, and he believed that Councilmernbers should have individual flexibility and be accountable for their own budgets. He spoke in support of Item D. He asked Interim City Manager Thomson about the policy for staff salaries, equity adjustments, and special merit increases. Interim City Manager Thomson explained the method. Deputy Mayor McCann expressed the need to review the Mayor/Council budget and make decisions equitable for all Councilmembers. Councilmember Ramirez believed that the real issue was the distribution of resources and where the appointing authority lies. Peter Watry opposed the allocation of resources, stating that governmental decisions needed to be made by the Council as a whole. He urged the Council to re-allocate resources so the part- time members have the opportunity to have the same knowledge as the Mayor without spending any more money. Mayor Cox requested to withdraw Items A, B and C, pending further discussions by the Council. ACTION: It was the consensus of the Council to withdraw Items A, B and C for future discussion. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.05.010 TO ADD THE POSITIONS OF LEGISLATIVE ASSISTANT I, LEGISLATIVE ASSISTANT II, AND LEGISLATIVE ASSISTANT III IN THE DEPARTMENT OF MAYOR AND COUNCIL AND THE ALREADY ESTABLISHED POSITION OF COUNCIL ASSISTANT TO THE LIST OF APPROVED UNCLASSIFIED POSITIONS IN THE CITY (4/5THS VOTE REQUIRED - FIRST READING) Page 8 - Council Minutes http://www.chulavistaca.gov December 5, 2006 I C;:.- DRAFT ACTION ITEMS (continued) ACTION: B. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NUMBER 3042 DESIGNATING THE APPOINTING AUTHORITY FOR THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR AS THE MAYOR AND COUNCIL COLLECTIVELY (FIRST READING) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ELIMINATING THE POSITIONS OF INTERGOVERNMENTAL AFFAIRS COORDINATOR, CONSTITUENT SERVICES MANAGER, AND COASTAL/ENVIRONMENTAL POLICY CONSULTANT FROM THE AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR 2007 BUDGET; (2) AUTHORIZING ONE LEGISLATIVE ASSISTANT III POSITION AND TWO LEGISLATIVE ASSISTANT II POSITIONS WITHIN THE DEPARTMENT OF MAYOR AND COUNCIL'S EXISTING FISCAL YEAR 2007 BUDGET; AND (3) ESTABLISHING THE COMPENSATION FOR THE LEGISLATIVE ASSISTANT I, II, AND III POSITIONS C. Deputy Mayor McCann moved to place the following ordinance on first reading, heading read, text waived: D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY FOR COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS AND OTHER POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL (FIRST READING) Councihnember Castaneda seconded the motion, and it carried 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS Interim City Manager Thomson announced that a joint City CouncillPort District workshop was scheduled for January 18, 2007, at 4:00 p.m. in the Council Chambers, to discuss the South Bay Power Plan. He then suggested that the Council consider canceling the January 4, 2007 workshop in lieu of the joint workshop. ACTION: It was the consensus of the Council to cancel the January 4,2007. 14. MAYOR'S REPORTS Mayor Cox presented her lO-point action plan, as follows: Page 9 - Council Mioutes http://www.chulavistaca.gov I c;;-q Decemher 5, 2006 DRAFT OTHER BUSINESS (Continued) 1. An independent financial review of the City's finances, to first put the City's fmancial house in order, to accomplish the many projects that lie ahead and achieve our goals for our community. 2. Hiring a permanent City Manager, with the hope that the Council will conduct interviews in early to mid-January 2007. 3. Request to staff to provide a report calendar to the City Council to make the Council formally apprised of the work in which staff is engaged and when to anticipate updates and reports. 4. "Development" and "Redevelopment". Regarding development, Chula Vista could be in a situation in which perhaps the only thing worse than too much growth is too little growth. We must choose to do the hard work and ask the hard questions, for only then will we be able best to focus our collective energies and skill. City revenues partially depend upon increasing home values and home sales, which drive up property tax revenues. If property values and sales decline, the ability to payoff substantial City-issued bonds can be at risk. In short, the City Council must review the City's fmancial contingency plans, based upon levels of new homes and commercial/ industrial activities, if it is to think strategically in terms of contingency for the proverbial rainy day, and to know how the cycle of growth and bonding ends. This means asking that each department's operating budget be scrutinized in order to create additional capital improvement dollars for needed infrastructure, such as improving the condition of streets and roads throughout the City. 5. Redevelopment, when properly accomplished, enjoys increased citizen participation in decision-making, a commitment to downtown revitalization, and an emphasis on improving the quality of life. It allows, and encourages people to seek a sense of community, of belonging, and of history. A proposal of a short breathing period in which our City Council seeks to involve a person or persons with no certain stake, investment, or future intent of investment in our historic downtown, in looking at our City's Urban Core Specific Plan from the viewpoint of marketability. 6. Give some thought to hosting five or six non-political, wholly informative, "lectures," to help us all understand the complex terminology and factors related to how California cities finance themselves. Guest speakers would discuss a topic specific to municipal finance, one that could be "played" in any California incorporated city-addressing, for example, "tax increment financing," "development impact fees," and "community maintenance agreements." If this outreach is successful, then staff, elected officials, businesspeople, and residents will have a common, and better understanding of the framework for open and honest discussions that are part of people working together on their City's future. Page lO - Council Minutes http://www .chulavistaca.gov .'~' ! ~"-', j'-.c-"JU ;\,.;) December 5, 2006 DRAFT OTHER BUSINESS (Continued) 7. The opening of H Street to San Diego Bay is a must if we are to provide our residents with visual and physical access to the Bayfront. We are well positioned to enter into the next level of formal discussions with Gaylord. If negotiated well, this project can bring not only visitors to our community, but can allow Chula Vistans to explore this resort ourselves as we dine in its restaurants and stroll through the shops. Our residents have been denied access to the Bayfront for too long. It is time that the people of Chula Vista be able to enjoy a waterfront walk and time with their families in a phenomenal indoor and outdoor setting. 8. Locating a complete University of California campus within our University Park might be out of reach for now; however, attracting a UC school, such as a School of Engineering, Pharmacology or a Veterinary Science School, to Chula Vista can be great boosts to educational opportunity in the area. 9. SR-125, we hope, will alleviate the syndrome in which traffic, like water, follows the path of least resistance. We hope that when the South Bay Expressway opens in June that many of our residents actively use the Tollway instead of city streets. 10. Good commercial investment adds additional sales tax revenue to City coffers. It makes possible public access and the filling of community needs. New projects such as the Eastern Urban Center, the car dealerships on Otay Valley Road, and the Otay Ranch Mall are encouraging. Sales tax dollars from these businesses and from long-established and other new businesses throughout the City are used to support needed City services. Mayor Cox spoke of the need to work together to spend taxpayer dollars wisely, and within the confines of a balanced budget, one in which we do not spend more than we bring in; and to conduct the public's business in public to the extent that the law allows, in a respectful, honest way. Fulfilling a vision is not the work of one person, but of many. She asked for patience, thoughtful insights, and understanding by the public as the Council works to serve Chula Vista in the coming months. 15. COUNCIL COMMENTS Councilmember Rindone congratulated Mayor Cox and Councilmembers McCann and Ramirez on their elections. He congratulated the Mayor on the articulation of her ten goals, and pledged to work collectively to accomplish them. He stated that he would like to call a timely meeting to determine the number of qualified candidates for City Manager and to perhaps even consider a Saturday meeting to accomplish this. Councilmember Rindone referred to a memo from staff addressing the elimination of the Taste of the Arts Festival and requested that staff calendar the matter to come back to the Council for discussion. Page II - Council Minutes http://www.chulavistaca.gov Decemher 5,2006 ;:::'-// DRAFT OTHER BUSINESS (Continued) Deputy Mayor McCann welcomed and congratulated Mayor Cox and Councilmember Ramirez, and thanked and looked forward to continued work with Councilmembers Rindone and Castaneda. He expressed the importance of moving forward with the process of hiring a City Manager. With reference to point 5 of the Mayor's action plan, the RedevelopmentlUrban Core Specific Plan, he asked whether that delay would hurt businesses that have signed Exclusive Negotiating Agreements (ENA's) with the City to develop portions of the urban area. He expressed the need to ensure that the five ENA's were not put in jeopardy. On the matter of the Chargers, he stated that a request for a study of a proposed Chargers stadium would be coming before the Council in the few weeks. Councilmember Ramirez stated that he would make himself available to discuss the hiring of a City Manager, as well as staffing issues in the Department of the Mayor and Council. Regarding redevelopment, he spoke of the need for collective ideas to address community characte, and to perhaps explore the idea of creating a scaled model of the urban core so that people could get a better understanding of the concept. Councilmember Castaneda congratulated his three colleagues and pledged his support of the Mayor's action plan. He commended Deputy Mayor McCann for representing the City on discussions with the Chargers. ADJOURNMENT At 8:03 p.m., Mayor Cox adjourned the meeting to the Regular Meeting on December 12, 2006 at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 12 - Council Minutes http://www.chulavistaca.gov IG -Id'~ December 5, 2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 12,2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY ACTING COMMUNITY DEVELOPMENT DIRECTOR HIX, OF EMPLOYEE OF THE MONTH, ANGELICA DAVIS, COMMUNITY DEVELOPMENT SPECIALIST Acting Community Development Director Hix introduced employee of the month, Angelica Davis. Mayor Cox read the proclamation, and Deputy Mayor McCann presented it to Ms. Davis. . OATHS OF OFFICE John Acosta to the Veterans Advisory Commission Rita Buencamino-Andrews to the Board of Appeals and Advisors City Clerk Bigelow administered the oath to Mr. Acosta, and Deputy Mayor McCann presented him with a certificate of appointment. Ms. Buencamino-Andrews was not present at the meeting. . PRESENTATION OF THE 35TH ANNUAL BOTTERMAN AWARD TO MR. GARY SAUER BY THE CHULA VISTA HUMAN RELATIONS COMMISSION Mayor Cox explained that this item would be continued to the meeting of December 19, 2006. . DID YOU KNOW... ABOUT ECONOMIC DEVELOPMENT'S BUSINESS ATTRACTION AND RECRUITMENT STRATEGY? Presented by Dennis Stone, Economic Development Manager. I H-I DRAFT SPECIAL ORDERS OF THE DAY (continued) Economic Development Manager Stone introduced Principal Community Development Specialist Ruiz, who presented the Economic Development Department's business attraction and recruitment strategy. Interim City Manager Thomson acknowledged Assistant Director of Engineering Leah Browder for her exceptional performance as Acting Engineering Director during the Engineering Director recruitment period. He then introduced the new Engineering Director, Scott Tulloch. CONSENT CALENDAR (Items 1 through 14) Mayor Cox noted that Councilmembers Castaneda and Rindone would abstain on Item 7, as they have property holdings within 500 feet of the boundaries of the property/study area; Councilmember Castaneda would abstain on Item 8 due to having property holdings within 500 feet of the boundaries of the Y. mile buffer zone around both Chula Vista Hills and Vista Square Elementary Schools; Councilmember Ramirez would abstain on Item 9, as he has property holdings within 500 feet of the boundaries of the Y. mile buffer zone around both Lauderbach and Montgomery Elementary Schools, and she would abstain on Item 10, as she has property holdings within 500 feet of the boundaries of the Y. mile buffer zone around Halecrest Elementary School. 1. WRITTEN COMMUNICATIONS A. Resignation from Cheryl Cox, member of the Charter Review Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. B. Letter of resignation from Norma Toothman, member of the Charter Review Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. Ordinance No. 3054, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY FOR COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS AND OTHER POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL (SECOND READING) Adoption of the ordinance designates the appointing authority for Council Assistants, Senior Council Assistants and other positions in the department of Mayor and Council. This ordinance was introduced on December 5, 2006. (City Attorney/Mayor) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes http://www .chulavistaca.gov December 12, 2006 ! H-?r- DRAFT CONSENT CALENDAR (continued) 3. RESOLUTION NO. 2006-359, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) ACCEPTING $9,500,000 OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN FUNDS AND APPROPRlATING SAID FUNDS TO MULTIPLE CAPITAL IMPROVEMENT PROJECTS (STL303, STL304, STU05 AND STL306); AND 2) AUTHORlZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, AGREEMENTS AND AMENDMENTS (4/5THS VOTE REQUIRED) In September 2006, the Department of Housing and Urban Development (HUD) approved a $9.5 million loan for use in the completion of a capital improvement project in the Castle Park area. Subsequent to the approval of a $9.5 million HUD Section 108 loan, the City must execute the necessary loan documents. Adoption of the resolution authorizes the City Manager to execute said documents, which will provide funding for the First Avenue (Palomar to Naples), Glenhaven Way, Oxford Street (Third to Alpine) and Castle Park street improvement projects. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2006-360, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRlATING $376,700 FOR FISCAL YEAR 2007 TO THE ENERGY CONSERVATION FUND FOR THE SAN DIEGO GAS AND ELECTRlC (SDG&E) ENERGY PARTNERSHIP GRANT PROGRAM (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2006-361, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2006 APPROPRIATION TO PROVIDE ENERGY EFFICIENCY SERVICES FOR COMMERCIAL AND RESIDENTIAL FACILITIES THROUGH DECEMBER 31, 2008 (4/5THS VOTE REQUIRED) On September 19, 2006, the Council accepted the grant and appropriated funding for the 2006 calendar year of the San Diego Gas and Electric (SDG&E) partnership program to the 2007 Fiscal Year. Approval of this $376,700 appropriation enables the City to continue the partnership with SDG&E, residents and local businesses to reduce the amount of gas therms and electricity kilowatts consumed by the public. The total grant provides $2,193,225 over a three-year period ending December 31, 2008. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 5. ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN THE INTERSTATE 805 NORTHBOUND RAMPS AND BRANDYWINE A VENUE FROM 35 MPH TO 45 MPH (FIRST READING) Page 3 - Council Minutes http://www.chu1avistaca.gov Iii r, } ,;-f..- .....j i ij ~ December 12, 2006 DRAFT CONSENT CALENDAR (continued) Adoption of the ordinance establishes the speed limit based on the results of a speed survey and pursuant to the authority under Municipal Code Section 10.48.020. (Engineering Director) Staff recommendation: Council place the ordinance on first reading. 6. RESOLUTION NO. 2006-362, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-18; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS; ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON SAID MAP; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID MAP; AND VACATING CERTAIN UNNEEDED EASEMENTS Adoption of the resolution approves the final map and associated agreements for Neighborhood R-18, a subdivision of Otay Ranch Village 11. Neighborhood R-18 will consist of a 112-unit residential condominium lot and one open space lot. (Engineering Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-363, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS STATEWIDE TRANSIT PLANNING STUDIES GRANT PROGRAM FOR FUNDS TO CONDUCT A TRANSIT SHUTTLE FEASIBILITY STUDY; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED; AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS IN THE FORM OF IN-KIND SERVICES Grant funding would support a series of studies to determine how best to connect residential and commercial areas with local and regional transit services and future bus rapid transit services. (Engineering Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-364, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR CHULA VISTA HILLS AND VISTA SQUARE ELEMENTARY SCHOOLS; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS Page 4 - Council Minutes http://www .chulavistaca.gov December 12,2006 /' J-t - LJ J lIT DRAFT CONSENT CALENDAR (continued) The City has undertaken an effort to create a master infrastructure management program to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would support the City in working with the South Bay Partnership to enhance the community input phase of this effort and support critical planning activities, such as community- based walking audits centered around the City's 37 public elementary schools. (Engineering Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-365, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR LAUDERBACH AND MONTGOMERY ELEMENTARY SCHOOLS; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The City has undertaken an effort to create a master infrastructure management program to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would support the City in working with the South Bay Partnership to enhance the community input phase of this effort and support critical planning activities, such as community- based walking audits centered around the City's 37 public elementary schools. (Engineering Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2006-366, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR HALECREST ELEMENTARY SCHOOL; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The City has undertaken an effort to create a master infrastructure management program to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would support the City in working with the South Bay Partnership to enhance the community input phase of this effort and support critical planning activities, such as community- based walking audits centered around the City's 37 public elementary schools. (Engineering Director) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes http://www .chulavistaca.gov Decemher 12, 2006 / H-5 DRAFT CONSENT CALENDAR (continued) 11. RESOLUTION NO. 2006-367, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR PUBLIC ELEMENTARY SCHOOLS; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The City has undertaken an effort to create a master infrastructure management program to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would support the City in working with the South Bay Partnership to enhance the community input phase of this effort and support critical planning activities, such as community- based walking audits centered around the City's 37 public elementary schools. (Engineering Director) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2006-368, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $3,900 FROM THE SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION AND APPROPRIATING $3,900 TO THE FISCAL YEAR 2007 POLICE DEPARTMENT SUPPLIES AND SERVICE BUDGET BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The Police Department has been awarded a $3,900 grant from the San Diego County Law Enforcement Foundation. Adoption of this resolution accepts the grant and appropriates the funds to purchase a new Prolaser hand-held speed device. (Police Chief) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2006-369, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT (4/5THS VOTE REQUIRED) The Police Department and South Bay Community Services have been working in partnership for the past 10 years providing domestic violence services to the community. Adoption of the resolution accepts a grant from the Office of Emergency Services to fund the Domestic Violence Response Team program and approve the agreement to provide services for domestic violence cases. (Police Chief) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes http://www.chulavistaca.gov December 12,2006 I H- to DRAFT CONSENT CALENDAR (continued) 14. RESOLUTION NO. 2006-370, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA FOR THE REGIONAL TELEPHONE INFORMATION SYSTEM (RTIS) Adoption of the resolution maintains Chula Vista Transit's (CVT) participation in the Regional Telephone Information System (RTIS) via agreement. The service provides riders and persons throughout the region with telephone and online schedule information both on CVT and on all fixed-route transit systems operating in the County. This agreement for Fiscal Year 2006/2007 continues CVT's participation at a cost of $54,713.80 and includes automatic annual renewals through Fiscal Year 2010-2011 at a three percent annual cost increase. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone offered the Consent Calendar, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0, except for Item 7, which carried 3-0-2 with Councilmembers Castaneda and Rindone abstaining; Item 8, which carried 4-0-1 with Councilmember Castaneda abstaining; Item 9, which carried 4-0-1 with Counclimember Ramirez abstaining, and Item 10, which carried 4-0-1 with Mayor Cox abstaining. On Item 3, Councilmember Castaneda asked staff to review parkway maintenance issue.s. On Items 9 and II, Councilmember Castaneda requested that the Council be provided potential grant applications for review and comment well before their due dates. On Item 13, Mayor Cox suggested that the Police Chief and the Director of South Bay Community Services provide additional information to Councilmember Ramirez regarding domestic violence programs, and Councilmember Castaneda asked that the number of no-bid contracts be reduced. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 15. CONSIDERATION OF PUBLIC INPUT ON THE 2007/2008 FEDERAL GRANT FUNDING PRIORITIES AND APPROVAL OF THE 2005/2006 YEAR END REPORTING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIP PROGRAM, AND THE EMERGENCY SHELTER GRANT PROGRAM (ESG) Page 7 - Council Minutes http://www.chulavistaca.gov IH-r; December 12, 2006 DRAFT PUBLIC HEARINGS (continued) The purpose of the public hearing is to meet the City's requirement to hold a minimum of two public hearings to allow for adequate citizen participation in the allocation of federal grant funds. This item also provides a year-end report on the City's grant administration performance for the program year 2005/2006. (Acting Community Development 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 Cox opened the public hearing. Acting Community Development Director Hix introduced Housing Manager Mills and Community Development Specialist Davis. Ms. Davis provided the staff report. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Rindone reiterated past values and standards, such as encouraging the partnering of public agencies when applying for funds and giving agencies that predominately serve Chula Vista residents first choice. He also asked that staff look at how the effects of potential reductions in federal funds will affect the agencies and ensure that the agencies are making efforts to obtain funding elsewhere, as well. ACTION: Deputy Mayor McCann moved to accept the report. Councilmember Ramirez seconded the motion, and it carried 5-0. 16. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Adoption of the resolution allows for the collection of delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (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 Cox opened the public hearing. Finance Director Kachadoorian presented the staff report and stated that there were 146 outstanding accounts, totaling $50,260. Page 8 - Council Minutes http://www.chulavistaca.gov December 12, 2006 , ': Q ..' J..-,i - \.,' , "i ", i' Ii'''' DRAFT PUBLIC HEARINGS (continued) There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor McCann offered Resolution No. 2006-371, heading read, text waived: RESOLUTION NO. 2006-371, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Counci1member Castaneda seconded the motion, and it carried 5-0. 17. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Adoption of the resolution allows for the collection of delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (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 Cox opened the public hearing. Finance Director Kachadoorian presented the staff report and stated that there were 421 outstanding accounts, totaling $52,400. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor McCann offered Resolution No. 2006-372, heading read, text waived: RESOLUTION NO. 2006-372, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Councilmember Castaneda seconded the motion, and it carried 5-0. Page 9 - Council Minutes http://www.chulavistaca.gov I t-i-q December 12, 2006 DRAFT ACTION ITEMS 18. A. RESOLUTION NO. 2006-373, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACT AS THE MAYOR'S VOTING ALTERNATE ON THE METRO COMMISSION B. RESOLUTION NO. 2006-374, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA'S REPRESENTATIVE ON THE METRO COMMISSION TO VOTE IN SUPPORT OF THE CITY OF SAN DIEGO'S STRATEGY FOR CONCURRENT INITIATION OF AN APPLICATION TO RENEW THE WAIVER AND TO BEGIN NEGOTIATIONS WITH THE ENVIRONMENTAL PROTECTION AGENCY FOR AN AGREEMENT, OR CONSENT DECREE, TO COMPLY WITH THE REQUIREMENTS OF THE OCEAN POLLUTION REDUCTION ACT AT THE UPCOMING METRO COMMISSION MEETING This past October, City of San Diego Metropolitan Wastewater Department staff provided the Council with an update regarding current efforts to obtain the necessary environmental permits required for the continued operation of the Point Lorna Treatment Plant. A vote of the Metro Commission on this subject is scheduled for December 14, 2006. Adoption of the resolutions authorizes the City Manager or designee to act as the Mayor's voting alternate on the Metro Commission, and to vote in support of the City of San Diego's current strategy for concurrent initiation of the waiver application and negotiations of a consent decree at the upcoming meeting. (Engineering Director) City Engineer Tulloch, assisted by Assistant Engineering Director Browder, provided the staff report and responded to questions of the Council. Councilmember Rindone noted that the cities of Imperial Beach and Coronado concurred with staffs recommendation on Item 18B, and the recommendation appeared to be in the best interests of Chula Vista, as well. With regard to Item 18A, he inquired as to whether any of his Council colleagues would be interested in serving as voting alternate, should the Mayor not be able to attend a meeting. Councilmember Castaneda believed it would behoove the City to have an elected member serve as an alternate and, noting his experience on this matter through working with City staff and his experience with the City of San Diego for many years, volunteered to be the Mayor's voting alternate, if so desired by his colleagues. Interim City Manager Thomson suggested that the Council consider appointing the City Manager or designee as the second voting alternate, should the alternate not be able to make the meetings due to scheduling conflicts. Page 10 - Council Minutes http://www .chulavistaca.gov December 12, 2006 I H-IO DRAFT ACTION ITEMS (continued) ACTION: Councilmember Rindone offered Resolution No. 2006-373, heading read, text waived, as amended to designate Councilmember Castaneda as alternate and the City Manager or his designee as second alternate. Counclimember Ramirez seconded the motion, and it carried 5-0. Councilmember Rindone offered Resolution No. 2006-374, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5.0 OTHER BUSINESS 19. CITY MANAGER'S REPORTS There were none. 20. MAYOR'S REPORTS A. Appointment of Deputy Mayor Mayor Cox expressed gratitude to Councilmember McCann for serving as Deputy Mayor this past year. ACTION: Mayor Cox moved to appoint Councilmember Rindone as Deputy Mayor for the 2007 calendar year. Deputy Mayor McCann seconded the motion, and it carried 4-0-1, with Councilmember Rindone abstaining. B. Continued appointment of Mayor as SANDAG representative, and appointment of alternates. Mayor Cox recommended that she, being the Mayor, continue as the SANDAG representative, with Councilmember Rindone as alternate and Deputy Mayor McCann as second alternate. Mayor Cox moved to appoint Mayor Cox as SANDAG representative, Councilmember Rindone as alternate and Deputy Mayor McCann as second alternate. Councilmember Castaneda seconded the motion. A request to bifurcate the motion was received, and no vote on the motion was taken. Mayor Cox moved to appoint Mayor Cox as SANDAG representative. Councilmember McCann seconded the motion, and it carried 5-0. Mayor Cox moved to appoint Councilmember Rindone as first alternate. The motion was seconded by Councilmember Castaneda and carried 4-0-1, with Councilmember Rindone abstaining. Page 11 - Council Minutes http://www.chulavistaca.gov I H- -II December 12, 2006 DRAFT OTHER BUSINESS (continued) Mayor Cox moved to appoint Deputy Mayor McCann as second alternate. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmember Rindone suggested a re-vote on the above items since they involve stipends. ACTION: A motion was made by Councilmember Rindone, seconded by Councilmember Castaneda, to reconsider the appointment of Mayor Cox as SANDAG representative. The motion carried 4-0-1, with Mayor Cox abstaining. A motion was made by Councilmember Rindone, seconded by Councilmember Castaneda, to appoint Mayor Cox as SANDAG representative. The motion carried 4-0-1, with Mayor Cox abstaining. A motion was made by Mayor Cox, seconded by Councilmember Ramirez, to reconsider the appointment of Deputy Mayor McCann as SANDAG alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. A motion was made by Councilmember Rindone, seconded by Councilmember Ramirez, to appoint Deputy Mayor McCann as SANDAG alternate. The motion carried 4-0-1 with Deputy Mayor McCann abstaining. C. Appointment of Metropolitan Transit System representative and alternates. Mayor Cox moved to appoint Councilmember Rindone, who has served on MTS and is next in line to be Vice Chair, as MTS representative. Councilmember Castaneda seconded the motio, and it carried 4-0-1, with Councilmember Rindone abstaining. Mayor Cox moved to appoint Councilmember McCann as alternate. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmember Rindone suggested a re-vote on the above appointments, as they involve stipends. ACTION: It was moved by Councilmember Rindone and seconded by Councilmember Ramirez to reconsider the appointment of Deputy Mayor McCann as MTS alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. It was moved by Mayor Cox and seconded by Councilmember Rindone to appoint Deputy Mayor McCann as MTS alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. 21. COUNCIL COMMENTS . Deputy Mayor McCann: Discussion of Otay Lakes Lodge Mobile Home Park Deputy Mayor McCann asked staff and the City Attorney to review safety and traffic issues of ingress and egress from Otay Lakes Lodge. Page 12 - Council Minutes http://www .chulavistaca. gOY December 12, 2006 j H-[ d- DRAFT OTHER BUSINESS (Continued) Councilmember Rindone thanked the Council for their support in naming him Deputy Mayor. Councilmember Ramirez clarified his prior comments on the Mayor and Council Office staffing, stating that he believed there was an imbalance in the allocation of resources. Councilmember Ramirez further expressed disappointment that the Mayor had selected Deputy Mayor McCann to serve with her on the Council budget subcommittee, stating that he believed he should have been chosen since he had divergent ideas. He then elaborated that he believed the Mayor should have the right and authority to select and appoint her chief of staff and perhaps the receptionist; and Councilmembers should appoint their own aides and assistants. The remainder of the staff should be selected by the Mayor but be accountable to the entire City Council, who should share in the responsibility for their work products. Mayor Cox explained that the selection of Councilmember McCann as a member of the budget subcommittee was made by the prior Mayor. She further clarified that she had initiated conversations with members of the Council to ask which committee assignments they wished to continue, and she would bring the information to the Council as a whole on December 19th, at which time Councilmember Ramirez would have first chance to select any open seats on which he wished to serve.. Additionally, she and Deputy Mayor McCann would bring back suggestions for Council consideration on the budget that would pertain to the rest ofthis fiscal year. Councilmember Ramirez addressed the Mayor's IO-point plan, stating that he wholeheartedly agreed with every item, and would work hard to help fulfill the goals. He then referenced Item 5, regarding a short breathing period and the statement referring to the City's Urban Core Specific Plan and the statement "armed with market facts." He asked consideration of adding that it is not just about the buy and sell, but also about truth and beauty, and it should address the community concerns about community character. Councilmember Ramirez also suggested that the Mayor and Council ask the development community to help pay for a scaled model of the Urban Core as a tool that would be used as a working concept. Councilmember Ramirez next spoke regarding the Jade Bay Mobilehome Park bankruptcy issues and stated that the City needed to do whatever was possible to stem a trend toward bankruptcies in the mobile home parks. Lastly, Councilmember Ramirez thanked Councilmember Rindone for taking the lead on the project to acquire security cameras at the Chula Vista trolley stations. Councilmember Castaneda added to Councilmember Ramirez' comments regarding the Jade Bay issue, stating that he was proud that the City and Council had gone above and beyond what most cities would do for their citizens, and would continue to work very hard to provide the residents with resources and opportunities they needed to acquire safe and clean housing. He then provided a brief overview of the ordinance adopted by the Council a few months ago that required relocation plans, and he suggested that the Council consider a policy and/or ordinance regarding relocation requirements that would hold the landowner or developer accountable for repaying costs expended to assist the residents. Councilmember Castaneda then stated he supported an independent review of the City budget status but commented that the Council should review the request for proprosals prior to its being released. Page 13 - COWleil Minutes http://www. chula vistaca.gov December 12, 2006 \ t-\ - 13 DRAFT COUNCIL COMMENTS (continued) Councilmember Rindone announced that a press conference would be held Tuesday, December 18th at II :00 a.m. at the E Street Trolley Station, cosponsored by the Metropolitan Transit System and City of Chula Vista, to obtain publicity for the live surveillance security cameras, which have been placed at the E Street, H Street, and Palomar Trolley Stations in Chula Vista. Councilmember Rindone then requested that the memorandum by Interim Community Development Director Hix regarding the mobilehome situation be released to the press so that the efforts of the City are understood. He added that the Council and staff were staying the course so that any potential profits would come back to those being displaced. Lastly, Councilmember Rindone spoke regarding the progress of the Urban Core Specific Plan, noting that the phrase "truth in beauty" was very important but applied to both sides. One could not promote pictures and diagrams of proposed projects that were not proposed and propagate misinformation. The alternative, if the City is not able to redevelop adequately, would be increased vacancy and vagrancy, and western Chula Vista would not be reinvigorated. He then noted that the City of Pasadena was successful in its redevelopment as it had flexibility in its regulations that provided the opportunity for revitalization. Mayor Cox stated that South Bay Community Services was assisting the Community Development Department with relocation of Jade Bay mobilehome park residents, and she suggested that local service groups be contacted to assist residents in transition. Mayor Cox then clarified that the Trolley Station security camera press conference was scheduled for Monday, . December 18th at 11 :00 a.m. CLOSED SESSIONS 22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel No. 643-070-1000 (10 acres on the southeast corner of the future intersection of Hunte Parkway and Exploration Falls Drive) Negotiating Parties: Assistant City Manager Smith, Economic Development Director Stone, Assistant City Attorney Hull and Jed Wallace representing High Tech High Under Negotiation: Terms and conditions oflease. No reportable action was taken. 23. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One case No reportable action was taken. Page 14 - Council Minutes http://www.chulavistaca.gov December 12, 2006 I H -)+ DRAFT ADJOURNMENT At 9:10 p.m., Mayor Cox adjourned the meeting to the Adjourned Regular Meeting on December 14,2006 at 6:00 p.m. and thence to the Regular Meeting on December 19,2006 at 6:00 p.m. in the Council Chambers. d~~~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 15 - Council Minutes http://www. chulavistaca.gov \ H-)5 December 12, 2006