Loading...
HomeMy WebLinkAbout2006/08/08 Item 1 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 20, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6.25 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLLCALL. PRESENT Councilrnembers: Castaneda, Chavez, McCann (arrived at 6:26 p.m.), Rindone, and Mayor Padilla (arrived at 6:26 p.m.) ABSENT Councilrnembers: None ALSO PRESENT Interim City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Jeff Justus - Design Review Commission Deputy City Clerk Bennett administered the oath to Mr. Justus, and Deputy Mayor McCann presented him with a certificate of appointment. . DID YOU KNOW VOLUNTEERS INSPIRE BY EXAMPLE? Presented by Marcia Raskin, Human Resources Director, and Bobbi Bennett, Senior Human Resources Analyst. Human Resources Director Raskin introduced Senior Human Resources Analyst Bennett, who presented highlights of the Citywide volunteer program. CONSENT CALENDAR (Items I through 5) Mayor Padilla stated that Items 1 and 5 had been pulled from the Consent Calendar at the request of staff. 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT PERMIT NO PE-682 FOR THE INSTALLATION OF A RETAINING WALL AND FENCE ALONG EASTLAKE P ARKW A Y 'C' ;' r;''',1 CONSENT CALENDAR (Continued) In September 2005, the Design Review Committee (DRC) approved the Eastlake Village Walk at the southern comer of Eastlake Parkway and Miller Drive that consists of 13.3 acres of commercial land. VWE, LLC, owner of the project, is proposing to construct a retaining wall and a fence within the City's right-of-way The retaining wall was approved by the DRC and will be maintained by VWE, LLC. (Acting Engineering Director) Staff recommendation. The item be removed from the agenda. 2. RESOLUTION NO 2006-186, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING, FOR FISCAL YEAR 2006/2007 FOR FUNDS FROM THE CALIFORNIA BEVERAGE CONTAINER RECYCLING FUND AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH APPLICATION AND ACCEPTANCE OF THE GRANT FUNDS Chula Vista is eligible to receive $58,373 for 2006/2007 from the California Department of Conservation, Division of Recycling to be used for beverage container recycling and litter clean-up activities. (General Services Director) Staff recommendation. Council adopt the resolution. 3 RESOLUTION NO. 2006-187, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE DEPARTMENT OF CONSERVATION'S BEVERAGE CONTAINER RECYCLING COMMUNITY OUTREACH PROGRAM FOR FUNDS TO ENHANCE RECYCLING SERVICES AT SPECIAL EVENTS IN CHULA VISTA The City's large special events annually generate almost three tons of waste that could be recycled. The City intends to make the recycling process more convenient for event- goers by enhancing and streamlining the City's existing special events recycling program. Adoption of this resolution approves application for a Department of Conservation Grant to help fund the project. (General Services Director) Staff recommendation: Council adopt the resolution. 4 RESOLUTION NO 2006-188, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE DIRECTOR OF GENERAL SERVICES, OR HIS DESIGNEE, TO SIGN THE APPROPRIATE AND REQUIRED GRANT DOCUMENTATION REGARDING THE MURRAY-HAYDEN PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 FOR THE "GREG ROGERS PARK IMPROVEMENTS (PRI69)" PROJECT Page 2 - Council Minutes / IJ -;;;- June 20, 2006 CONSENT CALENDAR (Continued) State grant funds were previously accepted for the Greg Rogers Park Improvements (PR169) project and the Director of Parks & Recreation, or his designee, was appointed to sign the appropriate and required grant documentation from the State. Due to reorganizations since that time, it is necessary to appoint the Director of General Services, or his designee, to sign the grant documentation. (General Services Director) Staff recommendation. Council adopt the resolution. 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING Adoption of the resolution approves an updated Memorandum of Understanding (MOU) between the City and the Chula Vista Elementary School District for Fiscal Year 2006/2007, which includes expansion of the number of students served at one STRETCH site (Mueller). It also increases enrollment of STRETCH students served at Lorna Verde and Mueller due to the additional funding received from the After School Education and Safety Program. The Chula Vista Elementary School District Board is expected to vote on the Fiscal Year 2006/2007 MOU at its June 20, 2006 meeting. (Assistant City Manager Palmer) Staff recommendation: The item be removed from the agenda. ACTION. Mayor Padilla moved to remove Items 1 and 5 from the agenda and approve staffs recommendations; and he offered Consent Calendar Items 2-4, headings read, texts waived. The motion carried 5-0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Frederick Dufresne referenced an information memorandum dated May 25,2006 regarding the May 4,2006 Council workshop on mobilehome issues, stating that none of the mobilehome park residents were given a courtesy copy of the memorandum for appraisal. He questioned why the state should be involved before the park residents have an opportunity to discuss the items in the memorandum. He made reference to the report that indicated staff had engaged in an outreach program to mail copies of the information to each of the mobilehome park owners and operators, as well as mobilehome installers, but none of the park residents were included. He also questioned what knowledge a proposed mobilehome liaison would have about all the issues regarding mobilehome parks. Mr. Dufresne informed the Council that he would return on July 11, 2006 to continue the discussion. Page 3 - Council Minutes /H -3 June 20, 2006 PUBLIC COMMENTS (Continued) Anthony Wujick asked the Council to postpone the installation of a proposed traffic signal at Second and Quintard until further study could be conducted by the City He stated that there was no community input for this signal installation, and he believed changing the current situation by installing the proposed traffic signal would make a bad situation worse. He asked the Council to direct the Engineering Department to re-evaluate the project, leave the area the way it is, and utilize the funding for other projects. PUBLIC HEARINGS NOTE. ITEMS 6 THROUGH 8 PERTAINED TO APPLICATIONS SUBMITTED BY EASTLAKE COMPANY WITH REGARD TO THE EASTLAKE III SENIOR HOUSING PROJECT THEY WERE CONSIDERED UNDER A CONSOLIDATED PUBLIC HEARING AND STAFF PRESENTATION. 6. CONSIDERATION OF CERTIFICATION OF THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE EASTLAKE III SENIOR HOUSING PROJECT In accordance with the requirements of the California Environmental Quality Act (CEQA), a Subsequent Environmental Impact Report (SEIR) was prepared to analyze the environmental impacts of the proposed EastLake III Senior Housing Project. CEQA Findings of Fact and Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program were prepared that reflect the conclusions of the Final SEIR. The Final SEIR contains responses to comments received during the public review period. (Planning and Building Director) 7 CONSIDERATION OF AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE III GENERAL DEVELOPMENT PLAN, SECTIONAL PLANNING AREA PLAN, AND ASSOCIATED REGULATORY DOCUMENTS CHANGING THE LAND USE DESIGNATION OF 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD FOR THE EASTLAKE III SENIOR HOUSING PROJECT The applicant, EastLake Company, submitted applications to amend the City's General Plan and EastLake Planned Community Regulatory documents to change the land use designation of approximately 18.4 acres at the southwest comer of Olympic Parkway and Wueste Road Intersection from Commercial Visitor to Residential High Density The proposed project would accommodate an Active Senior Adult Community proposing 494 condominium units with amenities and recreational facilities. (planning and Building Director) Page 4 - Council Minutes ( //J - i June 20, 2006 PUBLIC HEARINGS (Continued) 8. CONSIDERATION OF A TENTATNE SUBDNISION MAP TO SUBDIVIDE APPROXIMATELY 19.6 ACRES INTO TWO LOTS AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD FOR THE EASTLAKE III SENIOR HOUSING PROJECT The applicant, Pulte Homes, filed a tentative subdivision map to subdivide 19.6 acres into 2 parcels for 494-unit condominium units. The project is located on the south side of Olympic Parkway, west ofthe intersection of Olympic Parkway and Wueste Road, within the EastLake III master planned community (Planning and Building Director) Notice of the hearings was given in accordance with legal requirements, and the hearings were held on the date and at the time specified in the notice. Mayor Padilla opened the public hearings for Items 6, 7 and 8. Director of Planning and Building Sandoval introduced the item. Associate Planner Donn then presented the proposed project and was followed by City Consultant Mami Borg, who presented the environmental process for the proposed proj ect. Deputy Mayor McCann asked when the restaurant row site plans would be completed. Mr. Donn replied that the developer was currently working on the plans. Councilmember Chavez asked whether or not the transit line would connect from the site to downtown Chula Vista. Mr. Donn replied that currently the transit line does not extend all the way to the proposed site, but the City's Transit Coordinator has asked the developer to contribute towards transit funds to supply demand in the future. There being no members of the public who wished to speak to Items 6, 7 or 8, Mayor Padilla closed the public hearings. ACTION Deputy Mayor McCann then offered Resolution Nos. 2006-189, 2006-190 and 2006-191 for adoption and the Ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2006-189, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FSEIR 05-02) FOR THE EASTLAKE III SENIOR HOUSING PROJECT; MAKING CERTAIN FINDINGS OF FACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Page 5 - Council Mioutes Iii -5 June 20, 2006 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2006-190, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE III GENERAL DEVELOPMENT PLAN, THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, AND ASSOCIATED REGULATORY DOCUMENTS FOR 18.4 ACRES (AKA EASTLAKE SENIOR HOUSING PROJECT) AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4 ACRES (AKA EASTLAKE III SENIOR HOUSING PROJECT) AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD RESOLUTION NO 2006-191, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATNE SUBDNISION MAP (PCS 06-11) FOR 19.6 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD INTERSECTION FOR THE EASTLAKE III SENIOR HOUSING PROJECT The motion carried 5-0 ACTION ITEMS. 9 REPORT REGARDING CHAMPIONSHIP OFF-ROAD RACING (CORR) CONDITIONAL USE PERMIT (pCC 06-054) MAY 20 AND 21, 2006 RACES On May 2, 2006, the Council approved a Conditional Use (CUP) permit for Championship Off-Road Racing (CORR) to conduct four weekend race events for short track off-road truck races on the existing track in Village Two of the Otay Ranch. The Council required City staff a report on the status of the May races. This report summarizes staffs findings on the conduct of the races. (Planning and Building Director) Director of Planning and Building Sandoval reported that staff received three phone calls as a result of races regarding dogs without leashes, noise impacts, and unsightly tents. No written correspondence was received. Additionally, staff met with the event promoter on June 1,2006, to look at revisions to the plans to make them more efficient and effective, and operational changes to be made prior to the next events. ACTION Mayor Padilla moved to accept the report and direct staff to continue monitoring the July races. Deputy Mayor McCann seconded the motion, and it carried 5-0. Page 6 - Council Minutes //7 - ,:p June 20, 2006 OTHER BUSINESS 10 CITY MANAGER'S REPORTS There were none. 11 MAYOR'S REPORTS Discussion regarding a letter from Chula Vista Elementary School District regarding the Ad-Hoc Committee Mayor Padilla referenced a letter that was addressed to him from the Vice President of the Chula Vista Elementary School District Board of Trustees, Bertha Lopez, and Superintendent Lowell Billings, to request that the Ad Hoc Committee formed in 2003 that included two Council representatives, be disbanded, indicating that many of the objectives of the group have been achieved. Councilmember Chavez stated that while the City is not a legislative branch for the School District, it is important to understand their needs. She suggested that the City look at forming its own committee with two Councilmembers to sit with representatives from the School District to gain better understanding of needs. She felt it was important to maintain open dialogue, especially when it matters to our children. Deputy Mayor McCann stated that he previously served on this committee, which was a catalyst for the construction and completion of High School #13. He stated that although the City does not have jurisdiction over schools, it is very much linked, with a shared constituency and concern about growth, funding priorities with School Resource Officers, and collaborative work with the STRECH and DASH programs. He felt that maintaining dialogue with the School District is invaluable for communication, and that there are still issues to be addressed, such as the School District school building program, over-crowding, zoning, and the common calendar. He suggested that staff write a letter to the School District requesting a meeting to create a scope of what the committee should be. It was the consensus of Council to draft a reply correspondence to the School District from the Mayor on behalf of the Council, requesting a joint meeting to discuss the matter and to perhaps arrive at an amended meeting schedule. Councilmember Castaneda added that the City also works jointly with the Interagency Water Task Force. Similarly, it would be as important to maintain the same level of communication with the School District. 12. COUNCIL COMMENTS A. Councilmember Castaneda: Consideration of adopting a resolution in support of establishing enforceable limits on California's greenhouse gas emissions as proposed in Assembly Bill 32 Linda Wager, Senior Aide for Councilmember Castaneda, introduced Director of Conservation and Environment Michael Meacham and Environmental Resouces Manager Brendan Reed. Ms. Wagner then provided a presentation on the Global Warming Solutions Act, AB 32. Page 7 - Council Minutes l7'j' - r; I ' June 20, 2006 OTHER BUSINESS (Continued) Councilmember Castaneda stated that the City has been in the forefront to limit the production of greenhouse gasses and has made progress, although further progress is necessary He spoke of a recent article in the Union Tribune that claimed a high level executive of a utility company had expressed no interest in dealing with the issue of global warming. Councilmember Castaneda stated that the City needs to be a leader for the nation in dealing with global warming, and he urged the Council's support of the resolution. Councilmember Rindone stated that the proposed resolution is copasetic with the position the City has taken from the very beginning. He spoke in support of Assembly Bill 32, which is in line with what the City has done as a leader in the environmental field. He added that the issue should be important to all citizens. Furthermore, the Kyoto Protocol that he signed in 1997 placed the City on the map for environmenta11eadership. Deputy Mayor McCann stated that it was important to understand that the City has been an environmental leader and cited examples such as busses that run on clean, natural gas with no emissions, and planning infrastructure for clean transportation Mayor Padilla stated that there is scientific evidence and unanimity that the consumption of fossil fuels and emission of Carbon Dioxide is a human behavior that is warming the planet. He stated that it was a shame that the United States is one of only two modem, industrialized nations that have refused to sign the Kyoto Protocol. He said the City has a long history of providing leadership at the local level taking steps regarding our contribution to global warming. He said he was pleased to support the proposed resolution. ACTION Councilmember Castaneda offered Resolution No. 2006-192, heading read, text waived. RESOLUTION NO 2006-192, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF ESTABLISHMENT OF ENFORCEABLE LIMITS ON CALIFORNIA'S GREENHOUSE GAS EMISSIONS AS PROPOSED IN ASSEMBLY BILL 32 The motion carried 5-0 B. Deputy Mayor McCann. Consideration of adopting a resolution to eliminate compensation for the Chu1a Vista Redevelopment Corporation Board Members Deputy Mayor McCann stated that Councilmembers collect a stipend of $700 per month, and the Mayor collects $1,500 per month, for their duties as members of the Chula Vista Redevelopment Corporation (CYRC). Many volunteers who give their time to the City do not receive any compensation. He stated he was opposed to the stipend from the beginning and was hopeful that the Council would support him in eliminating the stipend in order to move on to bigger issues of City business. Page 8 - Council Minutes ,-/1-{ June 20, 2006 OTHER BUSINESS (Continued) Mayor Padilla spoke in support of the proposed resolution and commended Deputy Mayor McCann for taking a position on the matter from the beginning. He stated that the CVRC stipend issue has been a distraction from the real issues and work to be done. He stated, however, that he did not agree that the stipend was inappropriate. The Council seated at that time supported it, and it was earned and arrived at and enacted in a public and lawful way He said that while he supports moving on, he did not want this to be interpreted by anyone to mean that he or his colleagues did anything inappropriate. Councilmember Rindone stated that it was his intent to support what was agendized, but the proposed resolution on the dais did not support the agendized recommendation. He concurred that the CYRC compensation was earned and justified, but had become a public distraction that has taken away from the focus of establishing the CYRC to ensure new redevelopment dollars to the City and doing due diligence when looking at proposals that come before the City He spoke in support of the elimination of the compensation and to focussing on the business of the Redevelopment Agency, but said he could not support the resolution presented to the Council on the dais. Deputy Mayor McCann explained that because of bylaws and articles of the CVRC, legal positioning had to occur, and he asked City Attorney Moore to further explain why the resolution was written the way it was. City Attorney Moore responded that according to the CVRC bylaws, the City Council has the authority to set the stipends and amend the stipends from time to time. As currently set, the stipend was based upon a staff report and public testimony on November 23, 2004 On an interim basis, the City Council could amend the current stipend and set it at an amount ofzero, and direct the City Attorney's Office to come back with changes to the bylaws to eliminate the stipend altogether, or to do a tiered approach, at the discretion of the City Council. Because the CVRC is a non-profit corporation, there are requirements that must be complied with, including contact with the City's contract attorney, Joel Kuperberg, who established the CVRC through the formal steps. Councilmember Rindone asked if the modified resolution presented on the dais was legal, since it differed from the agenda title and would eliminate the stipend for both City directors and independent directors. City Attorney Moore replied that the Brown Act requires a general description on the Council agenda of the item to be considered. She further explained that the elimination itself could not occur tonight because of the bylaws. Councilmember Rindone reiterated his support to eliminate the stipend for all directors, effective immediately Deputy Mayor McCann said he was hopeful that the Council would join him in paying back the stipends in order to restore the public trust. ACTION Deputy Mayor then McCann offered Resolution No. 2006-193, heading read, text waived: RESOLUTION NO 2006-193, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE COMPENSATION FOR THE BOARD OF DIRECTORS OF THE CHULA VISTA REDEVELOPMENT CORPORATION AS SET IN COUNCIL RESOLUTION NO 2004-383 AND REDEVELOPMENT AGENCY RESOLUTION NO 1900 The motion carried 5-0 Page 9 - Council Minutes //1-9 June 20, 2006 OTHER BUSINESS (Continued) Councilmember Rindone stated that a dedication was held today at Friendship Park in honor of former Mayor Will Hyde. He encouraged the community to view the new bust of Mayor Hyde, which is a beautiful remembrance of the values he brought to the community He stated that Mayor Hyde impacted many people, and his care in the community is reflective. Councilmember Rindone commented that at a recent management meeting of the Sweetwater Union High School District, it was suggested that the proposed name for the new high school would be Olympic Vista. He also thanked Councilmember Chavez for attending the recent Hilltop High School graduation. He requested confirmation by staff of the dates for Planning Commission interviews. Deputy Mayor McCann recognized the recent re-opening of Fire Station No.9, which he believed would be very positive for the community He stated that he also attended the ribbon cutting of the McCune Chrysler Plymouth Dodge dealership. CLOSED SESSION 13 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Councilmembers Steve Castaneda and Jerry Rindone Employee: Interim City Manager Jim Thomson No reportable action was taken on this item. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. ACI Sunbow, LLC v. County of San Diego, City ofChula Vista B. Reyes v City ofChula Vista (USDC 05 CV 2309) No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) +flree Two Cases No reportable action was taken on this item. 16 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case Page 10 - Council Minutes /h~ 'J June 20, 2006 This item was not discussed, and no action was taken. ADJOURNMENT At 12.25 p.m., Mayor Padilla adjourned the meeting to Thursday, June 22, 2006 at 6'00 p.m. in the Council Chambers, and thence to the Regular Meeting on July II, 2006 at 6'00 p.m. in the Council Chambers. -------- Lorraine Bennett Deputy City Clerk ~ ~ -~. Page II - Council Minutes / /Ii / June 20, 2006 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 10, 2006 6:00 p.m. A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:07 p.m. in the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT Councilmembers: Castaneda, Chavez, McCann (arrived at 6:11 p.m.), Rindone, and Mayor Padilla ABSENT Councilmembers: None PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 1 INTERVIEWS TO FILL TWO VACANCIES ON THE PLANNING COMMISSION The City Council interviewed the following candidates for the vacancy on the Planning Commission: Scott Vinson Michael Spethman Robert Griego David Krogh Joanne Clayton Lisa Moctezuma Fred Cowles ACTION Councilmember Rindone moved to appoint Joanne Clayton to the Planning Commission. Deputy Mayor McCann seconded the motion, and it carried 5-0. ACTION Mayor Padilla moved to appoint Scott Vinson to the Planning Commission. Deputy Mayor McCann seconded the motion, and it carried 4-1, with Councilmember Rindone opposing. PUBLIC COMMENTS Pamela Bensoussan requested that documents be submitted to the new applicants. ADJOURNMENT At 9'14 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 11, 2006 at 6'00 p.m. in the Council Chambers. ~=?:~ ...~>WW Susan Bigelow, MMC, City Clerk ;13- ;' MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 11,2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 1 0 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT Councilmembers: Chavez, McCann, Rindone, and Mayor Padilla ABSENT Councilmembers: Castaneda (excused) ALSO PRESENT. Assistant City Manager Srnith, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, RECREATION DIRECTOR, AND PARKS AND RECREATION COMMISSIONERS KATHY CIEN-MAYER, DON SALCIDO, AND FRANCISCO RIOS, DECLARING JULY AS PARKS AND RECREATION MONTH Mayor Padilla read the proclamation and Deputy Mayor McCann presented it to Recreation Director Martin, Commissioners Cien-Mayer, Don Salcido and Francisco Rios. . PRESENTATION BY BUCK MARTIN, RECREATION DIRECTOR, OF A VIDEO OF THE GRAND OPENING OF MONTEV ALLE PARK Recreation Director Martin introduced the video of the recent Montevalle Park grand opening. Deputy Mayor McCann expressed his thanks to Mr. Martin and his staff for their work on the event, and he announced that the Mountain Hawk Park dedication is scheduled for July 20, 2006, at 5'00 p.m. . PRESENTATION BY DEVELOPER JIM PIERI, OF A REPLICA OF A BRONZE SCULPTURE ENTITLED, "MOTHER AND CHILD," BY JULKA DJURETIC, LOCATED IN THE NEW GA TEW A Y II BUILDING Mr. Pieri presented photographs of the one-of-a-kind sculpture, entitled "Mother and Child," by world-renowned artist Julka Djuretic. He announced that replicas of the sculpture would be available for sale to the public, and he presented the first replica to Councilmember Rindone, who accepted it on behalf of the City. . -1 . / ::"'--. SPECIAL ORDERS OF THE DAY (Continued) . DID YOU KNOW THAT THE NATURE CENTER'S NEW WERGELAND FAMILY DISCOVERY CENTER WILL OPEN ON JULY 22? Presented by Ben Vallejos, Nature Center Specialist, and Joyce Remp, Registered Veterinary Technician. Nature Center Director Beintema introduced the Wergeland Family Discovery Center Project, and acknowledged Dr. Larry Wergeland for his generous donations. Ben Vallejos, Nature Center Specialist, and Joyce Remp, Registered Veterinary Technician, then described highlights of the new exhibits. Mr Beintema announced that the grand opening of the Discovery Center is scheduled for Saturday, July 22, at 11'00 a.m., and admission will be free. CONSENT CALENDAR (Items 1 through 6) Deputy Mayor McCann and Councilmember Chavez requested that Item 3 be pulled from the Consent Calendar for discussion. Councilmember Chavez stated that she would abstain from voting on Item. 4 due to the proximity of her residence to the schools. 1 APPROVAL OF MINUTES of May 9, May 16, and May 23,2006. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3037, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD INTERSECTION (SECOND READING) Adoption of this ordinance amends the Planned Community District regulations and Land Use Districts map for 18.4 acres at the southwest comer of Olympic Parkway and Wueste Road intersection. This ordinance was introduced on June 20, 2006. (Planning and Building Director) Staffrecommendation. Council adopt the ordinance. 4 RESOLUTION NO 2006-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (Continued from June 20, 2006) Page 2 - Council Minutes /./7 -, ~-c7- July II, 2006 CONSENT CALENDAR (Continued) Adoption of the resolution approves an updated Memorandum of Understanding (MOU) between the City and the Chula Vista Elementary School District for Fiscal Year 2006/2007, which includes expansion of the number of students served at one STRETCH site (Mueller). It also increases enrollment of STRETCH students served at Lorna Verde and Mueller due to the additional funding received from the After School Education and Safety Program. The Chula Vista Elementary School District Board is expected to vote on the Fiscal Year 2006/2007 MOU at its June 20, 2006 meeting. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $97,048 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2006/2007 BUDGET OF THE POLICE DEPARTMENT The Police Department received notice of a grant award from the Department of Alcoholic Beverage Control (ABC) to fund a one-year project that will identifY and reduce the number of ABC licensees that serve alcohol to obviously intoxicated persons, provide minors access to alcohol, allow narcotic-related activity on their premises and fail to comply with City ordinances and regulations. (Police Chief) Staff recommendation: Council adopt the resolution. 6 A. RESOLUTION NO 2006-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON JUNE 6, 2006, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW B. RESOLUTION NO. 2006-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GWING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 7,2006 FOR THE PURPOSE OF ELECTING A MAYOR AND A MEMBER OF THE CITY COUNCIL, AS REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CONDUCT OF ELECTIONS C. RESOLUTION NO. 2006-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 2006 Adoption of the resolutions declares the results of the General Municipal Election held on June 6, 2006, as submitted by the Registrar of Voters; gives notice of the upcoming Special Municipal Election on November 7, 2006; and adopts regulations pertaining to materials prepared by candidates and the costs thereof. (City Clerk) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes /1 3 / '-"- July 11, 2006 CONSENT CALENDAR (Continued) ACTION Mayor Padilla moved to staff recommendations and offered Consent Calendar Items 1,2 and 4 through 6, headings read, texts waived. The motion carried 4-0, except on Item 4, which carried 3-1, with Councilmember Chavez abstaining, due to the proximity of her residence to the schools. ITEMS REMOVED FROM THE CONSENT CALENDAR 3 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CYRC, CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING IMPROVEMENT MANAGER (SECOND READING, 4/5THS VOTE REQUIRED) Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in that section be adopted by Ordinance. Adoption of the ordinance adds the unclassified positions of Executive Director of the Redevelopment Agency/CEO of the CYRC, CBAG Executive Director, and Development Planning Improvement Manager to Municipal Code Section 2.05.010. This ordinance was introduced on June 20, 2006. (Budget and Analysis Director) Staff Recommendation: Council adopt the ordinance. Deputy Mayor McCann requested to meet with staff for a briefing on the item to ensure that the proposed ordinance includes the staff positions that were supported at the June 20, 2006 Council meeting. Councilmember Rindone requested that staff provide a written summary to the Council, delineating any questions and concerns raised at the briefmg with Deputy Mayor McCann and Councilmember Chavez. ACTION: Deputy Mayor McCann moved to continue the item to a future date. Councilmember Chavez seconded the motion, and it carried 4-0. Item No.7 was taken out of order and actually discussed at this time, prior to Public Comments. PUBLIC COMMENTS Patricia Lopez, a renter at Bayscene Mobilehome Park, stated that rents are constantly being raised above the established cap for low-income residents. She distributed copies of the park owner's revenue and expense statement ending December 31, 2004, pointing out some expenses listed she believed should not be included in the owner's operating expenses. She stated that the rent increases have caused her financial hardship. Patricia Aguilar, president of Crossroads II, spoke in support of the residents of Jade Bay Mobilehome Park. She stated that since the issue is a bankruptcy situation, it was her understanding that the property owner was not required to provide the relocation assistance required by the City's ordinance, although the Jade Bay property is designated as high density residential under the new General Plan, which gives the park owner a huge windfall. She urged the Council to step in and prove that Chula Vistans are compassionate and do whatever is necessary to assist residents who may have to move. Page 4 . Council Minutes /~ / :..,:., July 11, 2006 PUBLIC COMMENTS (Continued) Gary Damico, a homeowner in Jade Bay Mobilehome Park, stated that he is very stressed about the bankruptcy situation in the park. He stated that there are many low-income families, as well as seniors on fixed incomes, who live in the park and who do not deserve what the park owner is doing to them. Further, he believed that filing bankruptcy was an opportunity for the park owner to make a lot of money Jackie Lancaster spoke on behalf of the Jade Bay residents, stating that she did not believe that the judge considering the bankruptcy should be allowed to overlook relocation laws, and that the City should be in a position to address the judge regarding those laws. She stated that Chula Vista is first in so many ways, and she asked the Council to set a good precedent and stand up for its citizens. Steve Molski stated that he had approached the Council in the past requesting that land be set aside in different areas of the City for mobilehome parks, but nothing had happened. He stated that the Jade Bay residents have nowhere to go, and the only fair way to resolve the problem if the bankruptcy goes through is to provide the mobilehome owners with the fair market value of their units. He also stated that the City should not approve any use other than a mobilehome park at that location. He expressed the need for something to be done for the park residents. Walter Wade stated that he moved to the Jade Bay Mobilehome Park believing that it would be his final permanent residence. The current situation is affecting his health to the point of considering suicide, and two park residents have passed away as a result of the bankruptcy situation. Further, he stated that the senior citizens need someone to stand up for them. Rebeca Zazueta stated that she purchased a home in Jade Bay Mobilehome Park less than a year ago, only to find that she now has to move out. She stated that all her money went towards purchasing the home and she now has nothing left. Ms. Zazueta felt certain that the owner knew of the bankruptcy situation before she purchased her home. She asked Council for assistance for the residents. Xochitl Galvan stated that she purchased a home in Jade Bay Mobilehome Park in 1999, and attempted to sell her home in 2002 and 2004 but was denied the sale by the park owner. Ms. Galvan stated that she has no place to go and no money to purchase another home. She asked for Council assistance in the matter. Joe Yount, representing his mother, who lives in Jade Bay, stated that the residents were being thrown out of their homes, for which they were offered only $3,000. He stated that what was happening to the residents was not right. Barbara Nunnely stated that the Jade Bay Mobilehome Park residents do not want to move someplace else; they are simple people who want to live a simple life in the park for their remaining years. She stated that the park owner has lied, cheated, denied, and is a fraud. She stated that the residents cannot take the situation much longer, and she asked for Council assIstance to keep the residents in the park. Page 5 - Council Minutes . /,l ~ 1('_'--, ( i.-- '-" July 11, 2006 PUBLIC COMMENTS (Continued) Jeanne Ebacher, representing the Jade Bay Mobilhome Park Homeowners Association, stated that there are only a few units that would qualify for a re-Iocation permit under California law, which requires that the units be less than 17 years old. She stated that the senior residents look at Jade Bay as a place for their retirement, and young families as a place to raise their children. She stated that she would like to see any public records the City may have received from the park owner regarding sewer repairs in the park, which was indicated in the bankruptcy letter. She asked for Council assistance on the matter, particularly in obtaining any written documentation. Emilia Perez, representing Bayscene Mobilhome Park, stated that the park owner has raised rents, claiming that he is losing money She stated that certain operating expenses of the park owner, such as legal fees, should not be included as justification for an operating income loss. Irene Amick, a homeowner in Jade Bay Mobilehome Park, said she is furious about losing her home and cannot get legal help. She believed that the situation was unfair and unjust. Fred Dufresne, representing the Mobilehome Committee, stated that he had not received any information on the outreach program that was mentioned in a City information memorandum dated May 25, 2006, and he suggested that a letter be sent to all mobilehome park residents explaining the program and asking them to elect a volunteer representative and alternate from each park. Sara Masson stated that the senior citizens of Jade Bay Mobilehome Park are in shock about the bankruptcy The park owner has offered the residents $3,000 for their homes, which she believed was not fair, and she said she would appreciate anything that the Council could do to help. Parks Pemberton stated that City govemment should be beating down doors to see what they can do for the Jade Bay Mobilehome Park residents. He stated that fewer rentals are becoming available to meet demands, low-income residents have no place to go, and little is being done to assist them. He suggested the undergrounding of overhead lines on Orange Avenue to place trailer parks in the area. He believed that the City had not listened or cared, and that what was going on was unethical. Michelle Rewerts stated that City staff has spent years finding land for a university campus and are now looking for a potential stadium site, when room cannot be found to accommodate 150 families that may be potentially displaced. She suggested that James Baldwin, President of the Western Manufactured Home Association, be contacted to get his view on the issue. Joe Frichtel, representing his mother-in-law, a past resident of Jade Bay Mobilehome Park, stated that the City cannot allow the displacement of park residents. He stated that the park is rent- controlled, so the City is partially responsible for the residents living there. Further, the situation is a crass example of eminent domain, and he asked the Council not to let the residents be thrown out on the street. A member of the public asked the Council for assistance in finding a solution to the Jade Bay issue, stating that she cannot afford to live elsewhere. A member of the public spoke in support of the residents of Jade Bay, stating that she felt that the bankruptcy issue would create a domino effect in other mobilehome parks. She stated that no new trailer parks would accept trailers older than 10 years and that the situation was unfair. She asked the Council to help the residents. Page 6 - Council Minutes , , /I ' '-----v:; July 11, 2006 PUBLIC COMMENTS (Continued) Mayor Padilla thanked everyone present for keeping the Council apprised as to what is going on and, on behalf of the Council, he stated that the City does care about the welfare of its residents, and staff is doing everything possible to ensure that the Jade Bay residents would be treated fairly Deputy Mayor McCann stated that the Council does care about the residents and current bankruptcy situation. He added that staff has been out to the park to meet with the residents, and the City has retained a bankruptcy attorney to see what role the City could play. He stated that he would be available for anyone who wished to discuss the issues with him. Councilmember Rindone asked staff to bring back an information memo in one week regarding relocation assistance, including all associated policies and all funds available for relocation assistance. PUBLIC HEARINGS 7 CONSIDERATION OF APPROVAL OF AN APPLICATION FOR THE PROPOSED CONVERSION OF AN EXISTING 156-UNIT APARTMENT COMPLEX TO CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP (PCS 06-01, APPLICANT MARK GOSSELIN TRUST) The applicant, Mark Gosselin Trust, submitted an application for a condominium conversion of an existing apartment complex that was constructed in 2001, and consists of 156 apartment units and common open space. The 7.95-acre project site is located at 1301 Medical Center Drive. (Planning and Building Director) Item 7 was taken out of order and actually considered prior to Public Comments. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Project Planner Putnam presented the proposed apartment complex conversion. With no members ofthe public wishing to speak, Mayor Padilla closed the public hearing. ACTION. Deputy Mayor McCann offered Resolution No. 2006-207, heading read, text waived: RESOLUTION NO 2006-207, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO DIVIDE INTEREST IN 7.95 ACRES AT 1301 MEDICAL CENTER DRIVE FOR A ONE-LOT CONDOMINIUM PROJECT CONTAINING 156 RESIDENTIAL UNITS The motion carried 4-0. Page 7 - Council Minutes /1 r / ~- July II, 2006 At 7 41 p.m., Mayor Padilla announced a brief recess of the Council Meeting. At 8'03 p.m., the meeting was reconvened with all members present. ACTION ITEMS 8. CONSIDERATION OF ADOPTING A RESOLUTION COMPENSATION FOR THE INTERIM CITY MANAGER APPROVING On June 13, 2006, the Council appointed Jim Thomson as Interim City Manager, subject to approval of a compensation agreement, while a new, permanent City Manager is recruited and selected. Adoption of the proposed resolution approves a compensation package and thereby completes the appointment process for Interim City Manager. (City Attorney) Councilmember Rindone reported that the Council sub-committee met with Interim City Manager Thomson to discuss the agreement, and Mr. Thomson is in agreement with the proposed salary compensation. ACTION Mayor Padilla offered Resolution No. 2006-208, heading read, text waived: RESOLUTION NO 2006-208, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING INTERIM CITY MANAGER COMPENSATION The motion carried 4-0. OTHER BUSINESS 9 CITY MANAGER'S REPORTS There were none. 10 MAYOR'S REPORTS Mayor Padilla stated he hoped everyone enjoyed the July 4th holiday Mayor Padilla requested that staff submit any additional applications received for the Planning Commission for Council review and schedule interviews for a third vacancy on the commission for Tuesday, July 18, 2006, at 5 :00 p.m. in Council Chambers. A. Consideration of designation of a voting delegate and an alternate for the 2005 League of California Cities Annual Conference, to be held Wednesday, September 6 through Saturday, September 9, 2006 in San Diego. Council concurred to designate Mayor Padilla as voting delegate and Councilmember Chavez as an alternate to the 2005 League of California Cities Annual Conference. Page 8 - Council Minutes . . ,} ,/' -- -? July 11, 2006 OTHER BUSINESS (Continued) B. ACTION Ratification of appointment of Mark Minas to the Housing Advisory Commission. Councilmember Rindone moved to ratify the appointment of Mark Minas to the Housing Advisory Commission. Deputy Mayor McCann seconded the motion, and it carried 4-0 C. Ratification of appointment of Pedro De Lara to the Charter Review Commission. ACTION Coucilmember Rindone moved to ratify the appointment of Pedro De Lara to the Charter Review Commission. Deputy Mayor McCann seconded the motion, and it carried 4-0. 11 COUNCIL COMMENTS Councilmember Rindone congratulated city staff who participated in coordinating the Fourth of July celebration. Councilmember Rindone asked the City Attorney to provide a report to the Council regarding concerns expressed about the Christmas in October event and whether or not it is copasetic with the Political Reform Act. Deputy Mayor McCann spoke about the success of the Fourth of July event and congratulated the Chamber, City staff, and all who participated. Councilmember Chavez also congratulated all those who participated in the Fourth of July festivities. CLOSED SESSION 12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Ratification of appointment of Deputy City Attorney III ACTION The Council concurred to ratify the appointment of Jill Maland as Deputy Attorney III. 13 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case No reportable action was taken on this item. ADJOURNMENT At 9'15 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 18, 2006 at 6'00 p.m. in the Council Chambers. -: 1u- ~.R-..J ,I:l - J Susan Bigelow, MMC, City~lerk Page 9 . Council Minutes / C~9 July 11, 2006 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 18,2006 5'00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 5 18 p.m. in the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT: Councilmembers: Castaneda, Chavez, McCann (arrived at 5.29 p.m.), Rindone, and Mayor Padilla ABSENT Councilmembers: None ALSO PRESENT: Assistant City Attorney Marshall PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE I. INTERVIEWS TO FILL TWO VACANCIES ON THE PLANNING COMMISSION The City Council interviewed the following candidates for the vacancy on the Planning Commission: John Ray Eric Mosolgo Ricardo Macias, Jr. Jeremy Hogan, MD ACTION Councilmember Rindone moved to appoint Lisa Moctezuma to the Planning Commission. Mayor Padilla seconded the motion, and it carried 5-0. PUBLIC COMMENTS There were none. ADJOURNMENT At 6.29 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 18,2006 at 6:00 p.m. in the Council Chambers. ~ ~" Lori Peoples, Senior, Deputy City Clerk /])-/