HomeMy WebLinkAboutcc min 2006/10/24
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
(NaFF AA), 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.
SPECIAL ORDERS OF THE DAY (continued)
· PRESENTATION BY MA YOR 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.
. INTRODUCTION 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, PROCLAIMING 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
Gailband, Avian Specialist, Nature Center.
Mr. Gailband 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 of the parks.
I. APPROVAL OF MINUTES of October 3, October 10, and October 17, 2006.
Staffrecommendation: Council approve the minutes.
Page 2 - Council Minutes
http://www.chulavistaca.gov
October 24, 2006
CONSENT CALENDAR (Continued)
2. WRITTEN CORRESPONDENCE
Letter of resignation 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 DREAMSCAPE LANDSCAPE, INCORPORATED, IN THE AMOUNT
OF $32,675
Page 3 - Council Minutes
http://www.chulavistaca.gov
October 24, 2006
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
CORPORA TION 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
October 24, 2006
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. gOY
October 24, 2006
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 staffreport.
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
PROHIBITED (CVMC 6.30.020) AND PUBLIC SALE OF CHICKS AND RABBITS
RESTRICTED (CVMC 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 Element is 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. gOY
October 24, 2006
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 orgauization 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 concern 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. gOY
October 24, 2006
PUBLIC HEARINGS (Continued)
ACTION:
Councilmember Rindone moved to incorporate the three 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 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) 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 three
recommendations. In response to a question by Councilmember Castaneda,
Acting Community Development Director Hix responded that staff could bring
back a timeline 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 NEGATIVE
DECLARATION (IS-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
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.
Councilmember 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.1 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
October 24, 2006
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 plan.
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
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
oflatitude local jurisdictions have to be consistent with state law and ifthe 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 11 - Council Minutes
http://www.chulavistaca.gov
October 24,2006
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 INTERIM 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 21I07.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND
PARKING FACILITIES AT THE OTA Y 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
(FIRS TREAD IN G)
The motion carried 5-0.
Page 12 - Council Minutes
http://www .chulavistaca.gov
October 24, 2006
PUBLIC HEARINGS (Continued)
]4. 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 (PFDIF) TO PAY FOR
VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA
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. 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 DIF 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.ch ulavistaca.gov
October 24, 2006
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 10th, 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. gOY
October 24, 2006
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 Segura 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.
Page 15 - Council Minutes
http://www.chulavistaca.gov
October 24, 2006
CLOSED SESSION (Continued)
22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Reyes v. City ofChula Vista (USDC 05 CV 2309)
B. Gechter v. City of Chula Vista (GlS22609)
C. Sidock v. City ofChula Vista (GIS 15970)
D. In Re: The Environmental Trust (USBC # 05-02321-LAl1)
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 I :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
October 24, 2006