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HomeMy WebLinkAbout2007/02/06 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 9,2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 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 (Councihnembers Rindone and McCann arrived at 6:03 p.m.) ABSENT: Councihnembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, 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 RECREATION DIRECTOR MARTIN, OF EMPLOYEE OF THE MONTH, CATHY MICHEL, SENIOR FISCAL OFFICE SPECIALIST Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Ms. Michel. . OATH OF OFFICE Rita Buencamino-Andrews to the Board of Appeals and Advisors City Clerk Bigelow administered the oath of office to Rita Buencamino-Andrews, and Deputy Mayor Rindone presented her with a certificate of appointment. . DID YOU KNOW...ABOUT HORIZON PARK'S UNIQUE DESIGN FEATURE - "THE COUNCIL RING?" Presented by Joe Gamble, Landscape Planner. Landscape Planner Joe Gamble presented the Horizon Park design feature. CONSENT CALENDAR (Items 1 through 5) Councihnember Castaneda stated that he would abstain from voting on Items 5D and 5E due to the proximity of property that he owns to Chula Vista Middle School and the YMCA South Bay Branch. /It -I DRAFT CONSENT CALENDAR (Continued) Deputy Mayor Rindone stated that he would abstain from voting on Item 5A. Councilmember McCann asked that Casa Seguras be correctly spelled in the minutes of October 24, 2006. Mayor Cox stated that she and Councilmember Ramirez would abstain from voting on the minutes of October 24, November 7,14, and 21, 2006, since they were not on the Council at the time. Mayor Cox noted the amended minutes on the dais for the December 12, 2006 meeting, indicating Deputy Mayor McCann as second alternate for SANDAG. 1. APPROVAL OF MINUTES of the Regular Meetings of October 24, November 7, November 14, November 21, December 5, and December 12, 2006, the Special Meeting of October 24, 2006, and the Adjourned Regular Meeting of November 7,2006. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3056, ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL POLICY REGARDING REIMBURSEMENT OF EXPENSES INCURRED BY LEGISLATIVE BODY MEMBERS (SECOND READING) California state legislation, effective January 1, 2006, required cities to adopt a written policy regarding expense reimbursements paid to elected and appointed officials. The legislation provisions specifically apply to charter cities. Adoption of the proposed ordinance satisfies the requirements of the legislation. This ordinance was introduced on December 19, 2006. (City Attorney) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2007-001, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELIMINATING THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR FROM THE AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR 2007 BUDGET, WITH THE CITY MANAGER ASSUMING THE ADMINISTRATNE DUTIES OF THE POSITION WITH EXISTING BUDGETARY RESOURCES Adoption of the resolution formalizes Council action taken at the December 19, 2006 meeting and eliminates the position of Intergovernmental Affairs coordinator from the Mayor and Council's Fiscal Year 2007 budget, with the administrative duties of the position to be assumed by the City Manager with existing budgetary resources. (Budget and Analysis Director) Staffrecommendation: Council adopt the resolution. /It - ..l... DRAFT CONSENT CALENDAR (Continued) 4. ORDINANCE NO. 3057, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.44.120, UTILITY USERS TAX - REFUNDS, OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING) Chula Vista Municipal Code Section 3.44.120 provides for the refunding of utility users taxes that are overpaid, paid more than once, or collected erroneously. The current code section allows for such refunds but does not provide specific procedures or time frames for processing refund claims. Adoption of the ordinance establishes a one-year claims period for refunds and a procedure for the filing of refund claims. This ordinance was introduced on December 19,2006. (Finance Director) Staff recommendation: Council adopt the ordinance. 5. A. RESOLUTION NO. 2007-002, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE PROVISION OF MIDDLE SCHOOL AFTER-SCHOOL PROGRAMS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2007-003, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) C. RESOLUTION NO. 2007-004, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) D. RESOLUTION NO. 2007-005, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,010 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Page 3 - Council Agenda htto://\vww.chulavistaca. gOY January 9, 2007 /1/- 3 DRAFT CONSENT CALENDAR (Continued) E. RESOLUTION NO. 2007-006, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT HILLTOP, CHULA VISTA, RANCHO DEL REY AND CASTLE PARK MIDDLE SCHOOLS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT F. RESOLUTION NO. 2007-007, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $8,371 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) The Recreation department and the Sweetwater Union High School District jointly fund the Middle School after-school program (Club Teen Connection or Club Te). The program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools. A collaborative partner in the program is the South Bay YMCA. Adoption of these resolutions approves six agreements and appropriations of additional program funds to provide indoor and outdoor after-school programs for the middle schools. (Recreation Director) Staff recommendation: Council adopt the resolutions. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered the Consent Calendar as amended, headings read, texts waived. Councilmember McCann seconded the motion and it carried 5-0, except on Item I, which carried 3-0-2, with Mayor Cox and Councilmember Ramirez abstaining on the minutes of October 24, November 7, 14, and 21, 2006; Item 5A, which carried 4-0-1, with Deputy Mayor Rindone abstaining; and Items 5D and 5E, which carried 4-0-1, with Councilmember Castaneda abstaining due to the proximity of his property to the school and YMCA. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Shawn Gisler mentioned his recent e-mail to Council and City staff regarding the San Miguel Ranch connection to Proctor Valley Road, stating that Deputy Director of Engineering Leah Browder had responded, informing him that the road would not open until the completion of SR- 125. He said he did not understand the rationale behind keeping the road closed, since it would provide a shortcut for many. Mayor Cox asked staff to confer with Mr. Gisler and respond to his concerns. Page 4 - Council Minutes httu:llwww.chulavistaca.!lOV January 9,2007 lit ~ f DRAFT CONSENT CALENDAR (Continued) With reference to enforcing storm water discharge regulations, Marvin Winters stated that he would like to see proactive enforcement of power washing businesses during evening and early morning hours of operation, since illegal operations by the businesses occurs during these times to avoid enforcement. As a long term resident and business owner, he felt uncomfortable about being placed in the middle of having to document these illegal operations and placing himself in jeopardy to bring these matters forward. He was hopeful that the City would take the lead in the County on handling storm water run-off issues. Mayor Cox asked Interim City Manager Thomson to follow-up on Mr. Winters' concerns. Pam Sherman, representing the Corte Maria neighborhood, stated that neighbors are concerned about the number of residents proposed for a group home for at-risk deaf children, soon to be established in the neighborhood. She added that since the students would not be attending local schools, they would be bused out of the neighborhood, creating traffic and safety issues. She asked that the number of residents in the group home be kept to four, as opposed to the proposed six. Mayor Cox clarified that the children have an at-risk status because they are foster children. She then asked staff to contact the County of San Diego on the matter. Councilmember Castaneda commented that he had researched the matter, and the state has jurisdiction on such homes with six or fewer residents; therefore, the City was not involved in the decision-making process. He stated that the Council public safety subcommittee would be looking at a host of matters to safeguard existing neighborhoods, as well as working with the state to create changes to allow the City the ability to enforce regulations. Ms. Sherman also said she was concerned that the home's square footage would not accommodate six residents. Councilmember Castaneda replied that staff would contact her on the matter. Deputy Mayor Rindone suggested that the Council's public safety subcommittee examine ways to provide notification to residents on such issues. Barbara Nunnelee, representing Jade Bay Mobilehome Park, thanked the Council and staff for assisting residents who have been forced to move out of the park. She stated that she would be forwarding to the Council a list of the park residents' names and the dollar amounts granted to each of them after the depreciated value of their homes was calculated. She stated that what happened to these park residents must not ever happen to residents of the other 32 parks in the City, and she asked the City to adopt an ordinance to protect the City from being overridden by federal law. Councilmember Castaneda expressed concern about the time the City has spent on this matter. He asked Community Development staff to provide an accounting of staff time, the value of vouchers, and City resources that have been provided to assist the residents in relocation, since the City should be remunerated accordingly to ensure fairness to the taxpayers ofChula Vista. Steven Pavka stated that the City's towing fee agreement with various towing companies was unfair and contained a hidden tax that penalized the elderly, who can least afford it. He asked that the matter be placed on a future Council agenda. Mayor Cox referred the request to staff. Theresa Acerro stated that she has received a number of signed petitions opposing the proposed Home Depot at Third and Moss. She said the neighborhood was concerned about noise impacts from trucks, traffic safety, and pollution; and she asked the Council to direct staff to come up with an alternative site plan to remove the trucks from the rear of the affected homes and off of Moss Street. Mayor Cox referred Ms. Acerro's slide presentation to staff. Deputy Mayor Rindone asked that staff also delineate steps previously undertaken by the City to mitigate similar issues for the Albertson's store on Third at J Street. Page 5 - Council Agenda hup:/ /www.chulavistaca.gov January 9, 2007 1/1.5 DRAFT CONSENT CALENDAR (Continued) Russ Hall spoke in support of Deputy Mayor Rindone's referral regarding Home Depot, and believed the City could alleviate many ofthe issues. He said this would be a positive project for the west side. He also asked the Council to direct staff to work with the landlord of the vacant Ralph's building to encourage another grocery store, since there are only two existing grocery stores in westem Chula Vista. Jackie Lancaster expressed concern about the draft Environmental Impact Report for the bayfront and recited a poem expressing concerns about building heights, pollution, traffic gridlock, and impacts on wildlife. She displayed contact information for the Port District for community members who wish to contact the Port on the matter. PUBLIC HEARINGS 6. CONSIDERATION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) Adoption of the resolution will form CFD No. 13M, which will fund the perpetual operation and maintenance of (a) landscaping including, but not limited to parkways, medians and slopes; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; (e) pedestrian bridges, including but not limited to, graffiti removal; and (f) public lighting 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. (City Engineer) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: CounciImember McCann moved to adopt Resolution No. 2007-008, heading read, text waived. RESOLUTION NO. 2007-008, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO), AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF CounciImember Castaneda seconded the motion and it carried 5-0. 7. CONSIDERATION OF ANNEXATION OF TERRITORY, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) Page 6 - Council Minutes httD:/ /www.chulavistaca.gov IIl- &, January 9, 2007 DRAFT PUBLIC HEARINGS (Continued) Adoption of the resolution will annex the territory within Otay Ranch Village Two into Improvement Area C of CFD No. 97-2. Improvement Area A funds the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance. Improvement Area B only funds the Resource Monitoring Program. Special taxes levied within Improvement area C fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II, plus a pro-rata share of Administrative Expenses of CFD No. 97-2. Otay Ranch Village Two will not be annexed into Improvement Area A or Improvement Area B. 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. (City Engineer) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-009, heading read, text waived. RESOLUTION NO. 2007-009, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT Deputy Mayor Rindone seconded the motion and it carried 5-0. ACTION ITEMS 8. CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT WITH HTH (HIGH TECH HIGH) LEARNING TO LEASE 8-ACRES OF CITY-OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER HTH Learning is a private nonprofit organization overseeing the development and operation of facilities that house High Tech High Schools following the charter high school design model. They currently operate a total of seven high, middle and elementary schools, with six in San Diego and one in northern California. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. Page 7 - Council Agenda htm:/ I\vww .chula vistaca. gOY January 9, 2007 /1f-7 DRAFT ACTION ITEMS (Continued) RESOLUTION OF THE CITY COUNCIL APPROVING A LEASE AGREEMENT WITH HTH LEARNING TO LEASE 8-ACRES OF CITY- OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER, WITH AN OPTION TO DEVELOP A CHARTER MIDDLE SCHOOL ON 2.7 ACRES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT This item was withdrawn from the agenda at the request of Interim City Manager Thomson. The item was not discussed, and no action was taken. 9. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO PROHffiIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT Adoption of the ordinance prohibits smoking within fifty (50) feet of the entrance to any eating establishment and makes additional clerical corrections to the municipal code section. (City Attorney) Councilmember Castaneda urged the Council to support the proposed ordinance. Deputy Mayor Rindone also spoke in support of the proposed ordinance. ACTION: Councilmember Castaneda moved to place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TO PROHffiIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT (FIRST READING) Councilmember Ramirez seconded the motion, and it carried 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS A. Ratification of appointment of Kevin O'Neill to the Growth Management Oversight Commission. ACTION: Mayor Cox moved to appoint Kevin O'Neill to the Growth Management Oversight Commission. Councilmember McCann seconded the motion, and it carried 5-0. Page 8 - Council Minutes httu:/ /www.chulavistaca.gov /~l January 9,2007 DRAFT OTHER BUSINESS (Continued) B. Update on Scope of Work for Independent Financial Review. Mayor Cox referred to the scope of work for an independent financial review of the City and Redevelopment Agency and said the subcommittee's next work would be to review proposals, once they are received, and formulate a recommendation to the full Council regarding the allocation of funds for the project. 12. COUNCIL COMMENTS Deputy Mayor Rindone: A. Consideration of the establishment of a Health Care Commission. Deputy Mayor Rindone talked about the potential crisis in the health care industry, particularly with respect to the location of hospitals, services, medical reimbursement and adequate emergency rooms. He believed that the Council needed to take a leadership role by establishing a healthcare commission to deal with healthcare-related issues, make recommendations to the Council and review potential legislation. He recommended a five-member commission either appointed by the Council as a whole or with members nominated by individual Counciimember. Deputy Mayor Rindone moved to establish a healthcare commission. Mayor Cox seconded the motion for purposes of discussion and then offered a substitute motion to support the concept of taking a more in-depth look at what a healthcare commission might accomplish, rather than actually establishing a commission at this time. No action was taken on either motion. Deputy Mayor Rindone supported the proposed amendment to have staff look at areas they would want to include, as well as how the City would provide staff support for the proposed commission. Mayor Cox suggested to Interim City Manager Thomson that, together with staff input, calls be placed to the directors at Scripps and Sharp, as well as Supervisor Cox's' Office, to look at options. Councilmember Ramirez spoke in support of the amended motion to explore possible opportunities for a healthcare commission. Councilmember McCann asked the status of a previous referral to staff regarding the formation of a healthcare commission. Assistant City Manager Smith responded that staff communicated with County staff, who are in the process of compiling a 120-day proposal that addresses some of the issues expressed by the Council over the past several months. She stated that staff would be able to provide an update to the Council in the next couple of weeks. Deputy Mayor Rindone suggested including in the update a delineation of some of the responsibilities that could foster good communications. Page 9 - Council Agenda http://'Www .chulavistaca. gOY /4-'9 Jannary 9, 2007 DRAFT OTHER BUSINESS (Continued) Councilmember McCann expressed the need for a clear understanding of the impacts on the City of the closures of Paradise Valley Hospital and the UCSD trauma center. He also suggested looking at land use policies, redevelopment and affordable housing dollars to provide long-term care and assisted living facilities and expressed the need to assist Sharp Hospital with its expansion project by removing bureaucracy. He spoke in support of the Mayor's comments and working with the County, other municipalities and healthcare organizations to seek solutions. Councilmember Castaneda spoke in support of Councilmember McCann's comments and suggested convening a meeting of representatives of local healthcare providers to get a better sense of how the City could assist on the matter of health care. Assistant City Manager Smith stated that the Economic Development and Planning staffs continue to dialogue with healthcare providers around the opportunities for economic development, expansion of medical services, and the linkage between hospital beds and space and doctors offices that support that. Mayor Cox asked staff to provide a status report on the Paradise Valley Hospital for discussion by the Council. ACTION: Deputy Mayor Rindone moved to direct staff to take a look at the structure of a healthcare commission or alternatives, and to come back to the Council with information in approximately one month or sooner. Mayor Cox seconded the motion, and it carried 5-0. Councilmember McCann wished the community a prosperous New Year and thanked citizens for the opportunity to serve them. Councilmember Castaneda also wished everyone a happy New Year. Councilmember Ramirez commented on two e-mail memos that he circulated to the Council, one concerning the California Coastal Commission appointment and the other discussing organizational reforms for the Chula Vista Redevelopment Corporation (CVRC). With respect to the Coastal Commission appointment, he asked that the matter be scheduled on the agenda for January 16 to endorse the appointment of Council member Castaneda, because he believed it was important for the City to have a voice on the commission to address such matters as the Bayfront development and power plant. Regarding organizational reforms for the CVRC, he asked that the Council subcommittee take into consideration his thoughts as contained in the memo. CLOSED SESSION Closed Session was cancelled and the following items were not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One case Page 10 - Council Minutes htto://www.chulavistaca.gov /IJAJ January 9,2007 DRAFT CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9( c) . One case ADJOURNMENT At 8:19 p.m., Mayor Cox adjourned the City Council to an Adjourned Regular Meeting on January 15,2007 at 9:30 a.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 11 - Council Agenda hlm:/ /www.chulavistaca.gov IJI i. "" /1,"// January 9, 2007 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA January 9, 2007 6:00 P.M. An Adjourned Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 7:47 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Agency Members: Castaneda, McCann, Ramirez, Rindone and Mayor/Chair Cox ABSENT: Council/ Agency Authority Members: None ALSO PRESENT: Interim City Manager/Executive Director Thomson, City Attorney/ Agency Counsel Moore, City Clerk Bigelow, and Deputy City Clerk Bennett PUBLIC COMMENTS There were none. ACTION ITEMS 1. CONSIDERATION OF APPROVAL OF EXERCISE OF THE CITY'S/AGENCY'S OPTION TO EXTEND THE CONTRACT WITH ADVOCATION, INC. FOR LEGISLATNE REPRESENTATION FOR THE 2007-2008 LEGISLATIVE SESSION The current agreement with Advocation, Inc. for the provision of legislative representation in Sacramento throughout the 2005-2006 legislative session has expired. Based on the firm's history of success in promoting ChuIa Vista's legislative agenda, staff is recommending exercising of the City's Agency's option to extend the contract. Council/Agencymember Rindone suggested including a 10th item in the proposed scope of work to include an oral report to the Council at least twice annually. ACTION: CouncillAgencymember Rindone moved to adopt Council Resolution No. 2007- 010 and Redevelopment Agency Resolution No. 2007-1965, as amended to include a 10th item to require an oral report to the Council at least twice annually, heading read, text waived: COUNCIL RESOLUTION NO. 2007-010, REDEVELOPMENT AGENCY RESOLUTION NO. 2007-1965, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA EXERCISING THE CITY'S OPTION TO EXTEND THE CONTRACT WITH ADVOCATION, INC. FOR LEGISLATNE REPRESENTATION FOR THE 2007-2008 LEGISLATNE SESSION, AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY /6-- / ACTION ITEMS (Continued) Council/Agencymember Castaneda seconded the motion, and it carried 4-1 with Agency/Councilmember McCann opposing. CounciVAgencymember McCann stated that he could not support the item because he did not receive information prior to the item corning forward and until he is comfortable with the legislative position process and lobbying in Sacramento. Legislative Analyst Colleen Camevale stated that Charles Cole, President of Advocation Inc., would present a report to the Council at the meeting of February 6, 2007. CounciI/Agencymember Rindone asked that Mr. Cole also address key topics on the horizon, particularly in light of how cities may be impacted by the Governor's latest proposals. 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 7:57 p.m., Mayor/Chair Cox adjourned the meeting to an Adjourned Regular Meeting of the City Council on January 15, 2007, at 9:30 a.m. in the Council Chambers, and to a Regular Meeting of the Redevelopment Agency on January 11, 2007, at 6:00 p.m. in the Council Chambers. ~ ---- ~ ~ Lorraine Bennett, CMC, Deputy City Clerk /i& - ,)... DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA January 9, 2007 6:00 P.M. An Adjourned Regular Meeting of the City Council and a Special Meeting of the Housing Authority of the City ofChula Vista were called to order at 7:57 p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLLCALL PRESENT: CounciV Authoritymembers Castaneda, McCann, Ramirez, Rindone, and Mayor/Chair Cox ABSENT: CounciVAuthoritymembers: None ALSO PRESENT: Executive Director/Interim City Manager Thomson, Authority/City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett PUBLIC COMMENTS There were none. PUBLIC HEARINGS 1. CONSIDERATION OF THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS WITH RESPECT TO THE PROPOSED REFINANCE AND REHABILITATION OF EXISTING AFFORDABLE UNITS AT OXFORD TERRACE APARTMENTS The City of Chula Vista has received a request from Alpha Project to consider the issuance of tax-exempt obligations to refinance and rehabilitate 132 existing affordable housing units at the Oxford Terrace Apartments project. The refinance and rehabilitation will improve the property and slightly lower the already affordable rents. (Acting Community Development Director) Housing Manager Mandy Mills presented the staff report. Mayor/Chair Cox opened the public hearing. CounciVAuthoritymember Castaneda asked staff to come back with a proposal on how the City may proactively seek ways to identify properties that would benefit from this program. CounciV Authoritymember McCann requested confirmation from staff that the proposed bond would not cost the City or Housing Authority any money; that it is taking an existing affordable project and placing approximately $15,000 into each unit; and should the bonds go into default, there would be no recourse to Housing Authority funds. Ms. Mills responded affirmatively. Mayor/Chair Cox asked whether or not the tax exempt bonds would be available to any private property owner, as long as they were willing to meet the stipulations of Housing and Urban Development requirements or low/moderate income housing. Ms. Mills replied that such bonds would be available to any entity that meets the minimum restrictions. I~ -/ DRAFT PUBLIC HEARINGS (Continued) Council! Agencymember Rindone spoke in support of the staff referral by Councilmember Castaneda to return to the Council with a proposal on how the City may proactively seek ways to identify other properties that would benefit from this program. There being no members of the public who wished to speak, Mayor/Chair Cox closed the public hearing. ACTION: Council! Authoritymember Castaneda moved to adopt Housing Authority Resolution No. 2007-032 and Council Resolution No. 2007-011, headings read, texts waived: A. HOUSING AUTHORITY RESOLUTION NO. 2007-032, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED REFINANCE AND REHABILITATION OF EXISTING AFFORDABLE UNITS AT OXFORD TERRACE APARTMENTS B. RESOLUTION NO. 2007-011, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PURSUANT TO SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986 APPROVING THE ISSUANCE OF BONDS BY THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR THE REFINANCE AND REHABILITATION OF EXISTING AFFORDABLE UNITS AT OXFORD TERRACE APARTMENTS Council!Authoritymember Ramirez seconded the motion, and it carried 5-0. OTHER BUSINESS 2. CITY MANAGERlDIRECTOR'S REPORTS There were none. 3. MAYOR/CHAIR'S REPORTS There were none. 4. COUNCIL/AGENCY MEMBER'S COMMENTS There were none. ADJOURNMENT At 8:18 p.m., Mayor/Chair Cox adjourned the meeting until further notice, and to the Adjourned Regular Meeting ofthe City Council on January 15, 2007 at 9:30 a.m. in the Council Chambers. ~ ~ Lorraine Bennett, CMC, Deputy City Clerk Page 2 - CounciVHA Minutes January 9, 2007 /~-~