Loading...
HomeMy WebLinkAbout2006/08/01 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 6, 2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:21 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: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY JACK GRIFFIN, GENERAL SERVICES DIRECTOR, OF THE EMPLOYEE OF THE MONTH, GORDON DAY, SENIOR BUILDING PROJECT SUPERVISOR General Services Director GriffIn introduced the employee of the month, Gordon Day. Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Day. · OATH OF OFFICE: Sara Deavenport, Cultural Arts Commission City Clerk Bigelow administered the oath to Ms. Deavenport, and Deputy Mayor McCann presented her with a certificate of appointment. . PRESENTATION OF A PROCLAMATION TO KEN SAUDER, PRESIDENT OF SAN DIEGO HOUSING FEDERATION, PROCLAIMING JUNE 11-17, 2006 AS AFFORDABLE HOUSING WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Sauder. . INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS DAVID CONLEY, JASON EDLIN, ANTHONY FORMHALS, DONAL HARDIN, MICHAEL KNAPP, AND LATERAL OFFICERS CURTIS CHANCELLOR, RAUL NARANJO AND JASON DEANER /11-1 DRAFT SPECIAL ORDERS OF THE DAY (continued) Police Chief Emerson introduced the officers, who recently graduated from the academy; and City Clerk Bigelow administered the oath of office to Officers Chancellor, Naranjo and Deaner. · DID YOU KNOW...ABOUT THE POSITIVE COACHING ALLIANCE PROGRAM IN YOUTH ATHLETICS? Presented by Ted Nelson, Recreation Supervisor III and James Northum, Recreation Supervisor II. Recreation Director Martin invited everyone to attend the grand opening of Salt Creek Park on Saturday, June 10th, from 10 a.m. to 8 p.m. He then introduced Recreation Supervisors Nelson and Northum, who presented an overview of the Positive Coaching Alliance Program in Youth Athletics. CONSENT CALENDAR (Items I through 9) Mayor Padilla stated that staff had requested that Item 6 be pulled from the Consent Calendar and removed from the agenda until further notice. Councilmember Rindone asked that when the item is brought back, the report detail how much the donation will cost the City. I. APPROVAL OF MINUTES of May 2, 2006 Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3035, ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 8.22.35 TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN ALL OUTDOOR DINING ESTABLISHMENTS (SECOND READING) Adoption of the ordinance prohibits smoking in outdoor dining areas in Chula Vista. This ordinance was introduced on May 23,2006. (Constituent Services Manager) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3036, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR (SECOND READING) Adoption of the ordinance approves the Sectional Planning Area (SPA) Planned Community District regulations for Otay Ranch Villages Two, Three and a portion of Four. The ordinance was introduced on May 23,2006. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes http://www .chulavistaca.gov June 6, 2006 fA -;;)-. DRAFT CONSENT CALENDAR (continued) 4. RESOLUTION NO. 2006-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE The proposed resolution directs the City Attorney and City Clerk to review the City's Conflict of Interest Code to determine whether or not amendments are needed, and to submit a notice to the Council prior to October 1, 2006, indicating the results of that review. (City Clerk) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-163, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF HALECREST DRIVE AS DEDICATED PER MAP NO. 4339, TOGETHER WITH A PORTION OF HALECREST DRIVE AS DEDICATED PER DOCUMENT NO. 1995-0469718, RECORDED ON OCTOBER 18,1995 The portion of Halecrest Drive to be vacated is located immediately north of Telegraph Canyon Road and east of Interstate 805. This portion of the dedicated right-of-way is no longer needed for public use. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP 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. (Police Chief) Staff recommendation: The item be removed from the agenda. 7. RESOLUTION NO. 2006-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF MOBILE DATA COMPUTERS AND RELATED SERVICES AND SUPPLIES FROM GTSI CORPORATION ON AN AS-NEEDED BASIS UNDER THE TERMS AND CONDITIONS OF A COUNTY OF FAIRFAX, VIRGINIA COOPERATIVE AGREEMENT (#RQ03-605674-16A) WITH THE US COMMUNITIES PURCHASING ALLIANCE, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Police Department currently utilizes an outdated wireless computer network to support information sharing between Police Dispatchers and Patrol Officers. Since the network is no longer serviceable, staff researched a new wireless solution that would allow the department to provide high bandwidth communications to police vehicles. Page 3 - Council Minutes http://www.chulavistaca.gov June 6, 2006 14-3 DRAFT CONSENT CALENDAR (continued) Additionally, current police mobile data computers (MDCs) are nearing the end of their useful life, and the department is requesting a complete replacement of all MDCs in the fleet. Adoption of the resolution authorizes the purchase of the MDCs and related services and supplies from GTSI Corporation, and appropriates $800,000 to the Services and Supplies budget of the Technology Replacement Fund from the available technology replacement fund balance. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THREE TREE- TRIMMING CONTRACTS TOTALING $179,201 TO PROVIDE TREE-TRIMMING SERVICES AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE ADDITIONAL, ONE-YEAR OPTION PERIODS Bids for multi-year tree trimming services were opened on April 27, 2006. Fourteen requests for bids were mailed out; three were sent to local contractors. Five companies submitted bids; none of them were from Chula Vista. Adoption of the resolution approves contracts with three bidders, Atlas Environmental Services, West Coast Arborists, and California Tree. (Public Works Operations) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $6,870 IN COMMUNITY DONATIONS AND AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,870 IN UNANTICIPATED REVENUE FROM THE DONATIONS FOR SENIOR SERVICES AND RECREATION CENTER GRAND OPENING EVENTS (4/5THS VOTE REQUIRED The Recreation Department has received donations totaling $6,870 from community members and Walmart to use for No=an Park Center's fitness and Life Options programs and three recreation center grand openings. Adoption of the resolution approves receipt of and appropriates the funds. (Recreation Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to remove Item 6 from the agenda and approve staff's recommendations, and he and offered Consent Calendar Items I through 5, and 7 through 9, headings read, texts waived. The motion carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 4 ~ Council Minutes http://www .chulavistaca.gov June 6. 2006 / Ii-'f DPA ~T ~"" r"\", PUBLIC COMMENTS Ahmad Soloman, SDG&E Public Affairs Manager, provided the summer outlook for electricity and brochures for the community on energy saving tips and ways to manage energy bills. Betsy Cory, representing the friends of Rice Canyon, thanked staff for their support during the last canyon clean up to remove tree tobacco. Additionally, she thanked Parks Maintenance staff for removing a Tamarask plant in the canyon behind her home. She encouraged those interested in forming a canyon group to contact Eric Bowlby of the Sierra Club at 619-284-9399. Barbara Gelsomini protested the action taken by the Council on March 21, 2006 to remove the 5- ton limit signs for trucks using Hunte Parkway, Lane Avenue and Proctor Valley Road and designate the streets as truck routes. She stated her concerns about industrial traffic being brought into a residential neighborhood, and asked that the 5-ton limit signs be reinstalled. Alejandro Escobar, a resident of Lane Avenue, spoke regarding the removal of the 5-ton limit signs and the fact that children walk and play in the areas affected. He stated that there are no crosswalks for the children to use in crossing streets to get to school, the community center or the park. Additionally, the neighborhoods were not notified abead of time of the City's intent to remove the signs. He asked that the 5-ton limit signs be reinstalled. Alan Reoch, a resident of Whispering Trails Drive, which backs onto Lane Avenue, said that the signs were changed last week from a 5-ton limit on trucks to a truck route. He stated that Rolling Hills Ranch residents want to be able to safely cross streets, and he would like peace and quiet in his backyard. He asked the Council to ensure that the City Engineer would remove the truck route signs and reinstall the 5-ton limit signs. He also asked for a copy of the environmental impact report, if one was prepared; and that a one-month notice be provided to residents in the future, should similar changes be considered. Charles Wilson concurred with the previous comments. He stated that his family moved into the area in 2001. Before the removal of the 5-ton limit signs, the traffic had already become so bad that he and his wife walk their daughters to Eastlake High School. He then requested that the signs be reinstalled. Diana Hernandez, whose backyard faces Lane Avenue, said she had the same concerns as previous speakers and that she was told when she purchased her home in 1999 that the area would remain a community rather than become an area with commercial stores and trucks. She stated that an accident was waiting to happen on Fenton and Proctor Valley Road, where drivers already run the traffic signals, and she asked the Council to re-designate the streets with a 5-ton limit. Mayor Padilla referred the matter to staff for a report on noticing. Councilmember Chavez thanked the residents for attending to express their concerns. She said she had been working with staff on the issue and hoped to get back to them soon with information. At 4:55 p.m., Mayor Padilla recessed the Council meeting and convened the City Council/ Redevelopment Agency/Public Financing Authority meeting. At 4:56 p.m., Mayor Padilla reconvened the Council meeting, with all members present except for Councilmember Castaneda. Page 5 - Council Minutes http://www .chulavistaca.gov June 6, 2006 /11~S DRAFT PUBLIC HEARINGS COWlcilrnember Rindon recused himself from participation on the item, as he owns property within 500 feet of one of the project locations. 10. CONSIDERATION OF APPROVAL OF CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM State and federal regulations require the San Diego Association of Governments (SANDAG) to develop and adopt a Regional Transportation Improvement Program (R TIP) every two years in order to continue receiving federal and state funding. All projects that the City proposes to fund with Transnet funds must be included in the RTIP, which currently covers Fiscal Years 2006/2007 and 2007/2008 under the original legislation, and Fiscal Years 2008/2009 through 2010/2011 Wlder the Transnet extension. (Acting Engineering Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Acting Engineering Director Browder provided the staff report. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered Resolution No. 2006-167, heading read, text waived: RESOLUTION NO. 2006-167, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006/2007 THROUGH 2010/2011 TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) The motion carried 3-0-1 with COWlcilmember Rindone abstaining, as he owns property within 500 feet of one of the projects and COWlcilrnember Castaneda away from the dais. OTHER BUSINESS 11. CITY MANAGER'S REPORTS There were none. Page 6 - Council Minutes http://www . chula vistaca.gov June 6, 2006 If} - {p D ,.... .~. p- , ~L~' ' r.' ;.10 " .'~ .t.." '.~'~ ~ 'ii",," ,,--~l I 12. MAYOR'S REPORTS . Setting Planning Commission Interviews Mayor Padilla noted the list of 32 applicants selected by Councilrnembers to be considered for appointment to the Planning Commission. He asked for confIrmation that Councilmembers wished to follow past practice of scheduling interviews with the 11 applicants shown in bold who were selected by two or more members; and not calendaring interviews with the remaining applicants, at least during the first round. He said he wanted to confIrm the process, or make desired changes to it, prior to asking staff to calendar the interviews. Councilmember Rindone said he appreciated the opportunity to review the list prior to scheduling the interviews; and he supported following past practice of interviewing applicants selected by two or more Councilmembers. Councilmember Castaneda supported interviewing the 11 applicants for the current two vacancies and re-circulating the remaining applications, as well as advertising for new applicants, for consideration for a third vacancy that may be upcoming in the near future. He also suggested that the interviews be scheduled for more than one meeting due to the large number of candidates. Councilrnember Rindone and Deputy Mayor McCann concurred with Councilrnember Castaneda's comments and encouraged additional people to come forward and apply for the future vacancy. Mayor Padilla asked the City Clerk to post per Maddy Act requirements when the next vacancy occurs, and that the list then be redistributed. 13. COUNCIL COMMENTS · Councilrnember Rindone: Interim report on the needs of the Chula Vista Superior Court system. Councilmember Rindone provided an interim report, stating that staff was looking at the issues, challenges, and concerns about the impact of growth on the South Bay court system, which has physically exceeded space limitations and has had insufficient parking as far back as 2000. He said that these concerns need to be monitored by staff and the Council, and County Supervisor Cox also has his staff focused on the issues. He asked that when staff comes back with a report identifying the issues, it include proactive steps the City can take in partnering with the County. Deputy Mayor McCann confIrmed that the courthouse is on County land and asked that the report address how sites are selected and identify the decision-making jurisdictions (City, county and/or state). Councilmember Rindone said he hoped the staff report would identify short-term issues and solutions, along with the City's role in the matter, as well as project out 10 to 20 years and identify long-term needs. Page 7 - Council Minutes http://www .chulavistaca.gov June 6, 2006 /11 -1 DRAFT COUNCIL COMMENTS (continued) Councilmember Rindone requested a briefmg by the Mayor and/or Deputy Mayor on discussions held with the San Diego Chargers so that he could respond to questions of residents. Mayor Padilla reported that a cursory meeting, as per Council direction, had taken place between himself, the Deputy Mayor and the Chargers' representatives to determine whether there was any interest in pursuing Chula Vista as a new location. The meeting did not involve any negotiations. He.said a memo detailing the meeting would be provided shortly to the Council and the public. Councilmember Chavez made a formal referral to staff to review the truck route issue and the lack of stop signs, signals and crosswalks for children to use in crossing streets to the school and park. She said she had assumed that some sort of formal noticing was given to the residents, similar to that provided when stop signs are proposed to be installed. She requested a formal outreach process to the community when truck routes are being established. Lastly, she said she was told that several years ago, residents of affected neighborhoods contacted City staff regarding issues related to trucks going through their neighborhoods. If this were true, she believed the information should have been included in the staff report, and she asked staff to look into the matter. Deputy Mayor McCann thanked City staff for the wonderful celebration at the grand opening of Montevalle Park. He said the installation of playground equipment for children with disabilities was something of which to be very proud. ADJOURNMENT At 5:24 p.m., Mayor Padilla adjourned the meeting to the Special Meeting of the City Council and thence to the Adjourned Regular Meeting of June 8, 2006 and thence to the Regular Meeting on June 13, 2006 at 6:00 p.m. in the Council Chambers. Ij81&U~ fl~ t Susan Bigelow, MMC, City Clerk Page 8 - Council Minutes http://www.chulavistaca.gov /fI -~ June 6, 2006 DD..~. f"'T "~~"\ J' ]:iJ.... 1\'1... . It MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 6, 2006 4:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:24 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 Mayor Padilla recessed the meeting to Closed Session at 5:24 p.m. CLOSED SESSION 1. PUBLIC EMPLOYEE DISCIPLINEIDISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54952 2. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Mayor Padilla reconvened the meeting in open session at 8:19 p.m., with all members present, and the City Attorney reported that the Council had voted 5-0 to accept the resignation of City Manager Rowlands. Item 2 was not discussed, and no action was taken. ADJOURNMENT At 8:20 p.m., Mayor Padilla adjourned the Special Meeting to the Adjourned Regular Meeting on June 8, 2006 at 5:00 p.m. in the Council Chambers. r) J:h~ ~Io~ Susan Bigelow, MMC, City Clerk jr /13--/ DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 8, 2006 5:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:15 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Assistant City Manager Thomson, Senior Assistant City Attorney Marshall, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 1. BUDGET WORKSHOP . Introduction and Overview of Two-Year Budget Process Assistant City Manager Thomson gave an overview of the two-year budget process. He stated that adoption of the budget is scheduled for June 20, 2006. Director of Budget and Analysis Vaneenoo presented an overview of the two-year budget, including budget development, capital improvement program, general fund (five-year forecast, revenue projections, general fund budget, staffing changes, and potential program enhancements), and redevelopment agency budget. Also included was the fiscal year 2007 budget update. . Capital Improvement Program General Services Director Griffin presented the Capital Improvement Program that included a summary of changes; fiscal year 2007 street drainage and traffic projects, and anticipated mid- year major project appropriations. Councilmember Rindone requested that staff provide a report on the percentage of dollars that were expended for rehabilitation in western Chula Vista and Montgomery in the last two-year budget cycle. . General Fund: a. Five-Year Forecast b. Revenue Projections I C-I DRAFT Finance Director Kachadoorian presented the General Fund five-year forecast that included an assessment of general funds to 1) meet existing obligations, such as Memorandum of Understanding agreements and debt commitments; and 2) fund new initiatives, such as Phase III of the Civic Center expansion and the opening of the Rancho del Rey Library. Deputy Mayor McCann spoke regarding the general fund reserves, proposing that some of the funds be transferred trom the restricted reserves to the unrestricted reserves to meet the Council Policy; and he requested that staff explain any ramifications of this suggestion. He said it was important to err on the side of caution to ensure that the City is fully funded. Director Kachadoorian responded that the level of reserves is set by Council Policy, and she explained that the purpose of the equipment replacement fund was to have funds set aside in order to meet the needs for vehicle replacement. She added that staff has embarked on a review of the equipment replacement fund to make sure that staff knows what the adequate reserve levels should be. She suggested that staff come back with a plan in the next budget cycle to ensure that liabilities are not being created elsewhere. Deputy Mayor McCann spoke of the need to fully fund the reserves and to enter into the next budget cycle with a full analysis of restricted funds. Councilmember Castaneda suggested that staff come back during the budget clean-up process with a policy that would give the Council an opportunity to consider shifting funds trom restricted to unrestricted, and a standard for determining what equipment really needs to be replaced. Councilmember Rindone asked staff to provide a memorandum to the Council prior to the June 20, 2006 meeting containing the percentage of funds appropriated during the past four to five budget cycles that were unspent and transferred to the reserves. He also suggested an addendum to the policy of maintaining an 8% reserve, and asked staff to come back within 90 days of the new budget cycle with a review of the reserve amount and of establishing the 8% balance as of October 1 st each year to allow an assessment of the restricted and unrestricted reserves. Director Kachadoorian proposed that the transfer of restricted funds to un-restricted funds and a policy for a standard for determining equipment replacement be included in the staff report for the budget clean-up that will be brought forward to the Council in July. Mayor Padilla suggested that there be an actuarial analysis by department, that department needs be reflected in the department base budget, and that all un-encumbered general fund reserves be counted in total to reflect accurately what is left over. He concurred with the comments by Deputy Mayor McCann and Councilmember Castaneda. Mayor Padilla left the dais at 6: 15 p.m. c. General Fund Budget d. Staffing Changes Director of Budget and Analysis Vaneenoo explained the Operating Budget, including a summary of expenditure projections and staffing changes to the Fiscal Year 2007 budget. Mayor Padilla returned to the dais at 6:34 p.m. Page 2 - Council Minutes ,'-' r' June 8, 2006 DRAFT Councilmember Rindone spoke regarding the proposed position of Chief Executive Officer for the Chula Vista Redevelopment Corporation (CVRe) and asked staff to evaluate the need for additional support staff for the CVRC prior to the meeting of June 20th. Director Vaneenoo responded that staff would address the Redevelopment Agency later in the presentation. e. Potential Program Enhancements Not Included in Proposed Budget Director Vaneenoo introduced the proposed program enhancements, including police staffing and graffiti abatement. Police Chief Emerson presented the proposed police staffing. Mayor Padilla asked about the impacts on the City when police personnel are re-assigned to a regional task force. Chief Emerson replied that an internal mechanism exists whereby personnel would not be pulled from patrol to fill these positions. He added that the Jurisdictions United against Drug and Gang Enforcement (JUDGE) Program would be primarily focused in the South Bay. Mayor Padilla expressed concern about the ratio of officers per capita and the impacts of overtime and spoke of the need to continue to seek ways to increase police staffing in the City. Councilmember Rindone asked about the allocation of School Resource Officers to the new high school that will open in July. Chief Emerson responded that there are no additional School Resource Officers proposed, and he added that the school districts are having difficulty funding their portion for the services. Councilmember Rindone requested that staff continue to monitor the services and ensure that they are maintained at the current levels. Councilmember McCann expressed the need to anticipate additional staffing for new shopping centers. Chief Emerson replied that police staff had met with the shopping center security personnel to assist them with crime prevention methods. . Redevelopment Agency Finance Director Kachadoorian gave a brief overview of the Redevelopment Agency budget. In response to the concerns expressed by Councilmember Rindone regarding support staff for the CYRC, she suggested that when the Executive Director is hired, he or she bring forward a recommended budget to the Council so that funds could be reallocated or appropriated. . Other Funds Director of Budget and Analysis Vaneenoo presented an overview of the All Funds budget. Deputy Mayor McCann recommended the following: (1) fully fund reserves at 8%; (2) eliminate the CVRC stipend; (3) meet with staff for a clearer understanding of the City's organizational chart; (4) implementation of a cell phone policy; (5) look at tighter travel expenditures; and (6) create a government hotline where constituents can report anonymously to the City on waste in government. Councilmember Castaneda recommended that a rewards/incentive policy be implemented for individual departments who come under budget and seek methods to save money. He also spoke ofthe need for a budget that takes into consideration the City's infrastructure needs. Page 3 - Council Minutes June 8, 2006 DRAFT Mayor Padilla asked staff to explain whether or not an internal policy exists for departmental budget savings incentives. Director Kachadoorian stated that such a policy does not exist in the City but she would obtain further information about the County's policy. She added that as part of the Finance Department's strategic plan, staff is in the process of compiling a report of existing policies, and proposed policies would be brought forward to the Council for review. The Council recognized and thanked City Manager Rowlands for his service to the City. PUBLIC COMMENTS There were none. OTHER BUSINESS 2. CITY MANAGER'S REPORTS There were none. 3. MAYOR'S REPORTS There were none. 4. COUNCIL COMMENTS There were none. ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on June 13, 2006 at 6:00 p.m. in the Council Chambers. .? ----- - Lorraine Bennett, Deputy City Clerk Page 4 - Council Minutes June 8, 2006 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 8, 2006 Immediately following the 5:00 p.m. workshop A Special Meeting of the City Council of the City ofChula Vista was called to order at 7:30 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 CLOSED SESSION I. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Interim City Manager No action was taken on this item. ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on June 13, 2006 at 6:00 p.m. in the Council Chambers. .Ln~,- /1{~ J !Y{J1 Susan Bigelow, MMC, City Clerk ;' ---/ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 13, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6;54 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Padilla announced that the City Council convened in Closed Session at 5:00 p.m. for the purpose of addressing the position of Interim City Manager. In a unanimous vote, the Council appointed Assistant City Manager Jim Thomson, conditioned upon the successful negotiation of a compensation agreement. Councilmembers Rindone and Castaneda were designated to work directly with Mr. Thomson and then bring the agreement forward for ratification by the Council on June 20, 2006. Mayor Padilla also stated that a special Closed Session would be held on June 15,2006 at 5:30 p.m., prior to the joint City Council/Planning Commission/Growth Management Oversight Commission workshop, to further discuss this personnel appointment issue. Mayor Padilla further added that Mr. Thomson's position as Interim City Manager would be effective immediately. Interim City Manager Thomson thanked the Councilmembers for their trust and confidence, stating that he would do his best to serve the Council and citizens. He also acknowledged and thanked Dave Rowlands for his excellent work over last eight years, stating that Mr. Rowlands had assembled an extraordinary group of employees. He then thanked Mr. Rowlands and the entire city organization for their accomplishments. SPECIAL ORDERS OF THE DAY . DID YOU KNOW...ABOUT THE FIRE DEPARTMENT'S NEW FIRE SAFETY HOUSE? Presented by Justin Gipson, Fire Marshal. Fire Chief Perry introduced Fire Marshal Gipson, who made a presentation on the new fire safety house. / ;::::- / 1:...- DRAFT CONSENT CALENDAR (Items 1 through 9) With reference to Item 3, Councilmember Rindone stated that he would abstain from voting, as he owns property within 500 feet of the project. With reference to Item 4, Councilmember Castaneda stated that he would abstain from voting, as he owns property within 500 feet ofthe project. 1. APPROVAL OF MINUTES of May 4,2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION Letter of resignation from Tracy Means, Member of the Resource Conservation Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. RESOLUTION NO. 2006-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING CHANGE ORDER NO. 2 WITH METROPOLITAN CONSTRUCTION TO COMPLETE THE "CMP STORM DRAIN PIPE REHABILITATION" PROJECT (DR- 165), AND TRANSFERRING THE AMOUNT OF $18,146 FROM CAPITAL IMPROVEMENT PROJECT "WESTERN CHULA VISTA INFRASTRUCTURE" (GG- 188) TO DR-165 FOR SAID PURPOSE In November 2005, the Council awarded a contract in the amount of $194,774 for the storm drain pipe rehabilitation project. During the course of construction, staff discovered that the existing pipe at the Fig/Guava site had a low point just below an existing block wall. Adoption of the resolution approves a change order for the additional work required to complete the project. (General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-170, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "MEMORIAL BOWL RENOVATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-272)" PROJECT TO e.D.M. CONSTRUCTION, INe. IN THE AMOUNT OF $119,302.90, AUTHORIZING AN INTER-PROJECT TRANSFER OF RCT FUNDS FROM AN EXISTING PROJECT, GG-166, "HVAC EQUIPMENT UPGRADES," AND REDUCING THE APPROPRIATION OF STATE RECREATION GRANT FUNDS Three sealed bids were received for the Memorial Bowl renovations project. Adoption of the resolution accepts the bids, awards the contract and transfers funds for the project, the scope of which primarily includes rehabilitation of the amphitheater seating, walls, and walkways, and the installation of a new dedication monument within Memorial Park. (General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes June 13,2006 DRAFT CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2006-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "EMERGENCY DRAINAGE FACILITY REPAIR WORK ON FIRST AVENUE, BETWEEN H STREET AND SHASTA STREET," AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF GENERAL SERVICES FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH T.C. CONSTRUCTION COMPANY, INC. In February 2005, the Police Department notified Public Works Operations that a sinkhole caused by failed storm drain facilities had developed along First Avenue, between H and Shasta Streets. In accordance with emergency provisions of the City Charter, staff contracted the services of T.C. Construction Company, Inc. for the repair. The repair was completed and the street reopened to vehicular traffic in June 2005. Adoption of the resolution accepts the final report of expenditures for the repair work and ratifies the actions of the City Manager and General Services Director to execute the contract. (General Services Director) Staff recommendation: Council adopt the resolution. 6.A. RESOLUTION NO. 2006-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) B. RESOLUTION NO. 2006-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) C. RESOLUTION NO. 2006-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PLACEMENT OF A LIEN ON THE ASSESSED PROPERTY AND THE COLLECTION OF THE ASSESSMENT AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY TAXES ARE COLLECTED FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) In September 2005, the Council awarded a contract in the amount of $574,433.75 for the Dixon Drive project (STL-302), between Naples and Oxford Streets, to Scheidel Contracting and Engineering Inc. The work is now complete, and adoption of the resolutions accepts the filing of the Engineer's Report on the cost of construction, approves the deferral of assessments, establishes the rate of interest and financing period applied to deferrals for assessment, and authorizes the collection of assessments on the County tax roll. (General Services Director) Staffrecommendation: Council adopt the resolutions. Page 3 - Council Minutes June 13,2006 DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2006-175, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2006/2007 Article XIIIB of the California Constitution, approved by the voters in 1979 and commonly referred to as the Gann Initiative, requires each local govemment to establish an appropriations limit by resolution annually. The purpose of the limit is to restrict the spending of certain types of revenues to a level predicated on a base-year amount and increased annually by an inflation factor. Adoption of the resolution establishes an appropriations limit of$446,907,029 for Fiscal Year 2006/2007. (Finance Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-176, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAINTAINING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES The City has an existing Investment Policy and Guidelines to ensure the prudent management of idle cash. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council on an annual basis, after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. (Finance Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-177, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT WITH THE CENTRE FOR ORGANIZATION EFFECTIVENESS FOR STAFF PROFESSIONAL DEVELOPMENT CONSULTANT SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The proposed agreement is the second consultant assigrunent with The Centre this fiscal year. It provides management and executive leadership academies for the City. Since the total consultant fee for both agreements exceeds $50,000 this fiscal year, Council approval is required. Staff has recommended that the Council waive the formal consultant selection process and enter into the second agreement with The Centre based on the group's qualifications and experience, the limited market for this expertise, and satisfactory work performed on previous professional staff development consultant assigrunents. (Human Resources Director) Staffrecommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item 3, which carried 4-0-1 with Councilmember Rindone abstaining, and Item 4, which carried 4-0-1, with Councilmember Castaneda abstaining. Page 4 - Council Minutes June 13, 2006 \ " DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Dick Butler spoke about issues regarding the proposed installation of a traffic signal at the intersection of Second A venue and Quintard Street. He stated that over a two-hour period daily, pedestrians and vehicles sharing the intersection and cause gridlock when Castle Park students get out of school. He believed that the installation of a traffic signal would not resolve the traffic problem. There are currently four-way stop signs at the intersection, with reports of only one accident over a two-year period. He believed the students would not obey the no-walk signals and that there had to be a better way to resolve the two-hour problem. Phil Magnon stated that he informed the City's Code Enforcement Division last year that the F Street Bookstore on Third Avenue was in violation of the City's ordinance that provides that adult book stores could not be within 500 feet of a residence. He said the bookstore had never been in compliance with either the County or the City regarding its proximity to residences. He believed that the City should consider closing the bookstore, or moving it, since it is a magnet for sexual predators. He encouraged the City to work to remove the F Street Bookstore and to enforce its own codes. Robin Leon stated that she was contacted on her unlisted phone number on several occasions by an out-of-state market and research company about the City's growth and was also asked to specifically vote against mayoral candidate Cheryl Cox. She believed that the City needed new leadership. She said she feared for her life and was a concerned and worried citizen. Mayor Padilla responded that the phone bank could have been one paid for by the San Diego Imperial Labor Council on his behalf, independent of his campaign and one that he did not control or hire. Carolyn Easley stated that government officials were not working together, citing for example that the Planning and Building Department was not working with Code Enforcement on California Code regulations 1104 and 1105. She said that nobody seemed to care what was going on in the City except for seniors, who would like to keep the City a beautiful and lawful place in which to live. Georgie Stillman spoke about the 24-hour Fitness Center that is proposed for the former CinamaStar theater site, stating that seven similar fitness facilities exist within a half-mile radius of the site. She questioned whether an economic feasibility study existed to support the use, and she found it inconceivable that the use could be supported when the City is encouraging development of the downtown area. She stated that if the owner or developer could not be dissuaded from the inappropriate use, perhaps the site should be considered a candidate for eminent domain to make way for a vibrant gathering place in the heart of the City's urban core. Page 5 - Council Minutes June 13, 2006 DRAFT PUBLIC HEARINGS 10. CONSIDERATION OF AN AMENDMENT TO THE MASTER FEE SCHEDULE TO INCREASE THE NATURE CENTER ADMISSION FEE The Nature Center's current admission fees became effective in September 2003, following the opening of the David A. Wergeland Shark & Ray Experience and Eagle Mesa exhibits. Admission fees have been re-evaluated in anticipation of the completion of the latest major expansion and upgrade of exhibits. It is recommended that the fees be modestly increased after the grand re-opening in July. (Nature Center 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. Nature Center Director Beintema explained the proposed master fee schedule increase. Deputy Mayor McCann asked whether the proposed fee increase would affect any school or group programs. Director Beintema replied that Chula Vista elementary schools would not be affected, but schools outside the City's jurisdiction would pay the proposed increase in admission fees. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Mayor Padilla offered Resolution No. 2006-178, heading read, text waived. RESOLUTION NO. 2006-178, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO INCREASE THE NATURE CENTER ADMISSION FEE EFFECTIVE FOLLOWING THE OPENING OF THE WERGELAND FAMILY DISCOVERY CENTER The motion carried 5-0. II. CONSIDERATION OF APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 14.58 ACRES AT 825 EAST PALOMAR STREET INTO A ONE-LOT CONDOMINIUM PARCEL (PCS 06-02; APPLICANT: LDM SUNBOW, LLC) LDM Sunbow, LLC, submitted an application for a tentative subdivision map to convert 336 existing apartments to a condominium project containing 336 individually-owned residential units, known as Missions at Sunbow. Adoption ofthe resolution approves the tentative map and its conditions. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Page 6 - Council Minutes June 13, 2006 PUBLIC HEARINGS (Continued) DRAFT Interim City Manager Thomson announced that perhaps confusion was created by recent information in the Union Tribune that gave the correct address for the project but added comments that may have led readers to believe that the project was one on Medical Center Drive and East Naples. He thanked the Union Tribune for running a correction. City Consultant Danielle Putnam presented the proposed Missions at Sunbow condominium conversion proj ect. Councilmember Rindone referred to a deed restriction preventing the apartments from being converted until 2013 and asked why the restriction could be lifted without creating a problem. Ms. Putnam responded that the property was recently sold, and the restriction was put into place to protect the past owners from any construction liability lawsuits due to condominium conversions. When the apartments are converted to condominiums, the former owners would formally give their permission to lift the deed restriction. Councilmember Chavez spoke regarding the 2,250 rental units remaining in the two-mile radius of the proposed project and asked if the Hendenkamp Elementary school district lies within that two-mile radius. Ms. Putnam responded affirmatively. Councilmember Chavez asked whether there would be any rules set for governing the conversions, should they occur years down the road. Ms. Putnam responded that an inspection would be made by the City's Code Enforcement officers, and any conditions would have to be made in the supplemental subdivision improvement agreement. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. Deputy Mayor McCann commented that the proposed project gives families the opportunity for homeownership and a stake in the community. ACTION: Deputy Mayor McCann then offered Resolution No. 2006-179, heading read, text waived: RESOLUTION NO. 2006-179, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 14.58 ACRES AT 825 EAST PALOMAR STREET FOR A ONE-LOT CONDOMINIUM PARCEL CONTAINING 336 RESIDENTIAL UNITS The motion carried 5-0. Page 7 - Council Minutes June 13, 2006 } . DRAFT ACTION ITEMS 12. CONSIDERATION OF APPROVAL OF THE PUBLIC WORKS OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS PLAN (Continued from May 23,2006) Io developing a Strategic Business Plan for Public Works Operations, several issues were identified that will affect the department in the next five years. Staff has established goals to address those issues proactively and has developed performance measures to track the progress in achieving those goals. (Public Works Operations Director) Public Works Operations Director Byers presented the five-year Public Works Operations Strategic Business Plan. Deputy Mayor McCano requested consideration of an increase in residential street sweeping during the next budget review cycle. ACTION: Deputy Mayor McCano then offered Resolution Nos. 2006-180 and 2006-181, headings read, texts waived: A. RESOLUTION NO. 2006-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PUBLIC WORKS OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS PLAN B. RESOLUTION NO. 2006-181, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING $96,600 FROM THE AVAILABLE BALANCE OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE EQUIPMENT The motion carried 5-0. 13. CONSIDERATION OF ADOPTION OF A HOLIDAY FESTIVAL GUIDELINES POLICY The Council requested that the City Attorney prepare a Council Policy to provide guidance to the Recreation Department for the selection process for participation in the City's anoual Holiday Festival. (City Attorney) Senior Assistant City Attorney Marshall explained the proposed Council Policy. Deputy Mayor McCano asked whether the Yule Tide Parade and Holiday Festival were two separate events. Staffmember Marshall responded that the Holiday Parade is sponsored by the Downtown Business Association, the Holiday Festival is conducted through the City's Recreation Department, and a third event, the tree lighting ceremony, is coordinated by the Office of the Mayor and Council. Deputy Mayor McCano requested that these events be coordinated by all parties involved in the future, so as not to limit different views and expressions, and to provide an opportunity for the community to come together without censoring any group or activity. Page 8 - Council Minutes June 13, 2006 ACTION ITEMS (Continued) DRAFT Phil Magnan, representing Biblical Family Advocates, stated he was pleased that the City has taken religious freedom seriously and should protect religious expression, not suppress it. He felt that nobody in the community should have to fear retribution by those who have forgotten the meaning of the Constitutional rights of freedom of religion, assembly, and speech. He applauded the efforts of the City to draft the proposed policy and was hopeful that at the next holiday festival, there would be room for baby Jesus. Mayor Padilla stated that these issues are precious and important to everyone. He stated for the record that there was an employee in the Recreation Department who made a bad decision, and after a review of what happened, Mayor Padilla believed that the issue was not malicious or anti- religious, but a call made in the field that was based on a misunderstanding of the law. He did not want to characterize what occurred incorrectly, that there was or is an effort by the City to quash diversity or religious freedom, because that is absolutely not the case and has never been the case. Mayor Padilla then read portions of the policy language, noting that he believes it is the appropriate policy for our government to allow the free expression of the traditions and beliefs of all of its citizens. ACTION: Deputy Mayor McCann offered Resolution No. 2006-182, heading read, text waived: RESOLUTION NO. 2006-182, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY REGARDING HOLIDAY FESTIVAL GUIDELINES The motion carried 5-0. 14. CONSIDERATION OF AWARD OF CONTRACTS FOR POLICE INITIATED TOWING AND STORAGE SERVICES AND AMENDMENTS TO THE POLICE- INITIATED TOWING SERVICE RATE SCHEDULES The Police Department recently completed a request for proposal process to select qualified towing operators to provide police initiated towing and impound services. Four companies were selected. Adoption of the proposed resolutions awards the contracts for police-initiated towing and storage services, amends the rate schedule, and authorizes the department to make annual changes to the rate schedule. (Police Chief) Police Chief Emerson presented the staff report. Councilmember Castaneda requested confirmation that all seven respondents were qualified to move to the bidding process. Chief Emerson replied affirmatively. Councilmember Castaneda stated that one or more of the bidders recommended for award did not have a large rig tow vehicle in their fleets at the time they were rated and were asked to sign an affidavit at the end of the rating sheet. He asked the intent of the affidavit. Administrative Services Manager Chew explained that within one year after contracting with the City, the towing company is required to place a large rig vehicle in its fleet. During the first year, the company may sub-contract with other tow companies while in the process of obtaining capital to make the purchase. Councilmember Castaneda asked what recourse would be available if a tow company did not meet the minimum performance standards. Assistant City Attorney Marshall replied that the company could be removed from the list, a provision contained in the RFP (request for proposal). Page 9 - Council Minutes June 13,2006 .. DRAFT ACTION ITEMS (Continued) Deputy Mayor McCanu asked the why the first two RFP's were scrapped. Chief Emerson responded that there was a significant time lapse with the RFP process due to the relocation of the Police Department and a change in staffing. Staff, therefore, felt it to be a matter of fairness to close the RFP's out and start again; and while the third RFP is different ITom the past RFP processes, staff believed it to be the best option. Deputy Mayor McCanu requested confirmation ITom the City Attorney's Office that the proposed contract would not make a profit and not violate state law. Assistant City Attorney Marshall replied that based upon the figures and assessments by staff of their costs, this wass correct. She added that the Vehicle Code section states that the City may get a fee, so long as it does not exceed the actual and reasonable cost of administering the program. Deputy Mayor McCanu clarified that the main reason for this bidding structure was to ensure that the City recovers its costs and provides affordable towing services to the residents. Chief Emerson responded affirmatively, adding that residents would receive a good rate and good service ITom the proposed towing services. Councilmember Chavez asked if the City had criteria the towing companies would need to follow. Staffinember Chew replied that the criteria are outlined in the RFP, including uniforms, logos, and response times for the east and west sectors of the City. Councilmember Chavez asked about monitoring procedures for the towing companies. Mr. Chew replied that Police staff would be setting up a database to monitor the tow companies. John Clark, representing JC Towing Inc., mentioned a number of concerns regarding the tow contract, such as past inspections for grading contractors was either pass or fail, with no consideration for quality of equipment, the state of the tow yard, or tow yard location. He believed that one of the bids should not have been opened and should have been considered non- responsive, since the company did not comply with the requirement to provide detailed answers to the RFP questions; and two of the bidders did not demonstrate the ability to purchase a big rig tow truck as required by the RFP and should, therefore, have been disqualified for non- compliance. Mr. Clark also expressed concern regarding the formula for the fee. John Clark IV, representing JC Towing, stated that JC Towing was listed at the top of the list in the past two RFP processes. At the third RFP mandatory pre-bid meeting, a concern was raised by one of the bidders about violating Vehicle Code 11210 regarding full cost recovery. Mr. Clark stated that his bid was submitted based upon staffs assessment of full cost recovery, but he was later notified that the full cost recovery amount was changed. He stated that his bid was based upon keeping within the parameters of the Vehicle Code. David Pudgel, representing RoadOne, was pleased to be selected for towing services, and he thanked staff for a thorough and fair process. Shari Weintraub, attorney representing JC Towing, stated that she did not receive the towing services program documentation she requested ITOm staff in March 2006. She also believed that the committee for the RFP process did not comply with the standards of Vehicle Code 11210. She explained that the fair way for the City to present the bid was to determine whether or not Page 10 - Council Minutes , . June 13, 2006 DRAFT ACTION ITEMS (Continued) the tow operators were qualified; determine what the actual and reasonable costs incurred would be; identify the number of qualified tow operators the City would want in the program and divide one number by the other; issue an RFP; quote the license fee in conformance with Vehicle Code 11210; and invite all qualified tow operators interested in paying the quoted fee to bid. She believed that identifying after the fact the reasonable and actual costs and taking the highest bidders number to fit did not make it fair. Councilmember Castaneda requested confirmation by Ms. Weintraub that the way the City had selected the contractors was not proper under the state Vehicle Code. Ms. Weintraub responded affirmatively. Assistant City Attorney Marshall explained that there were a number of different types of license fees that different jurisdictions charge, and there is no case law that says one way or another is the acceptable way. Councilmember Castaneda clarified with staff that the rating system employed in this process identified qualified contractors who were then asked to submit financial bids. Chief Emerson responded affirmatively. Rodney Soldenberger, representing American Towing, confirmed that the standards set for the towing companies awarded the proposed contract were covered in the RFP and in the proposed contract. He stated that although his client did not currently have a big rig, the company did have one when the RFP process began in 2001 in order to attempt to obtain the Chula Vista contract, but it was not cost-effective. Pursuant to the RFP, parties were allowed to take exceptions to the RFP requirements, and he resented implications that American Towing was non-responsive. Regarding the Vehicle Code provision, he suggested that the Council refer to the memorandum sent in April !Tom American Towing in response to the argument regarding the Vehicle Code provisions. He urged the Council to support and act upon staffs recommendation. Councilmember Rindone pointed out that there was no grading on the inspection sheet to determine qualified operators, and he asked why the process was changed. Chief Emerson replied that staff elected to use a pass/fail system that was not based upon additional points for such thresholds as the type of uniforms or certain embroidery. Councilmember Chavez requested in the future that when RPF's require re-issue, the Council be provided with the prior RFP information in order to have a better understanding of the process. Additionally, she requested to add a stipulation to refer the proposed four bids to the Public Safety Committee for review in one year. Councilmember Rindone requested that the RFP process begin in the fourth year after commencement so that progress is being made prior to the end of the contract. Deputy Mayor McCann requested that when the towing contract is brought forward to the Safety Committee for review, there be a neutral party who is knowledgeable on the subject to act in an advisory capacity. Councilmember Castaneda asked that the Safety Committee come back with a better analysis of the City's annual costs and recovery, as well as a review of compliance by the proposed towing companies. Page 11 - Council Minules June 13, 2006 DRAFT ACTION ITEMS (Continued) ACTION: Mayor Padilla then offered Resolution Nos. 2006-183 and 2006-184, as amended to include a provision that the review process of the five-year towing services contract would commence at the end of the fourth year, headings read, texts waived: A. RESOLUTION NO. 2006-183, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING CONTRACTS FOR POLICE INITIATED TOWING AND STORAGE SERVICES B. RESOLUTION NO. 2006-184, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE POLICE INITIATED TOWING SERVICE RATE SCHEDULE, ELIMINATING THE TOW REFERRAL FEE AND IMPLEMENTING A TOW LICENSE FEE, AND AUTHORIZING THE POLICE DEPARTMENT TO MAKE ANNUAL CHANGES TO THE POLICE INITIATED TOWING SERVICE RATE SCHEDULE The motion carried 5-0. OTHER BUSINESS 15. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded everyone of the joint City Council/Planning Commission/Growth Management Oversight Commission workshop on June 15, 2006 at 6:00 p.m. at the John Lippitt Center, 1800 Maxwell Road, Chula Vista. · Discussion regarding the status of the Jade Bay Mobilehome Park bankruptcy proceedings. (Assistant City Manager Smith) Assistant City Manager Smith provided an update on the Jade Bay Mobilehome Park bankruptcy issue, stating that staff attended the meeting of the park residents at which the residents learned their role in the bankruptcy process, and they felt it was very helpful. She stated that the two major concerns of the residents are: 1) Residents who are on fixed incomes and live in old coaches that would be difficult to move; and, from a public policy perspective, 2) Should the park close; how would the people be relocated; and whose responsibility would it be to relocate them? Under current law and City ordinance, which may not be permissible under bankruptcy, there are some provisions for monetary assistance and relocation that are the responsibility of the park owner. Staff is concerned that this responsibility may shift to the City in some way, and therefore feels that the City may have a minor role to play in bankruptcy from a public policy perspective by addressing the court to make some assurances that relocation is taken care of throughout the bankruptcy proceedings, and should the park close, that some of the burden is shifted to the park owner, and not to the public agencies, to support the people who are there. Ms. Smith stated that staff has assured the park residents that they will be monitoring the matter and would return on June 22nd. She asked the Council to consider that the City has a role to play on the issue. Councilmember Rindone believed that it was appropriate that the park owner be held responsible for relocation assistance to park residents, and he looked forward to receiving further information. Page 12 - Council Minutes June 13, 2006 "r ! ~.. ! ~. DRAFT OTHER BUSINESS (Continued) ACTION: Councilmember Rindone moved to direct the City Attorney's Office to retain outside counsel to represent the City in the bankruptcy proceedings, commencing on June 15,2006. Mayor Padilla seconded the motion, and it carried 5-0. 16. MAYOR'S REPORTS . Ratification of appointment of Jeff Justus to the Design Review Commission. ACTION: Mayor Padilla moved to appoint Jeff Justus to the Design Review Commission. Councilmember McCann seconded the motion, and it carried 5-0. 17. COUNCIL COMMENTS Deputy Mayor McCann thanked and congratulated all those who participated in the recent Salt Creek Park grand opening. Councilmember Chavez reminded staff of the referral she made regarding the Championship Off-Road Racing (CORR) event last month. Interim City Manager Thomson responded that staff would be agendizing the request. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Reyes v City ofChula Vista (USDC 05 CV 2309) ADJOURNMENT At 9:44 p.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting of June 15, 2006 and thence to the Regular Meeting on June 20, 2006 at 6:00 p.m. in the Council Chambers. - ~ ----- " Lorraine Bennett Deputy City Clerk Page 13 - Council Minutes ." , ~ .~ June 13,2006 II" ll./ ~ DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 15,2006 5:30 P.M. A Special Meeting ofthe City Council of the City ofChula Vista was called to order at 5:38 p.m. in Conference Room A, John Lippitt Public Works Operations Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None CLOSED SESSION 1. 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. ADJOURNMENT At 6:35 p.m., Mayor Padilla adjourned the meeting to the Special Joint Meeting of the City Council, Growth Management Oversight Commission, and Planning Commission at 6:00 p.m. in the John Lippitt Public Works Operations Center, 1800 Maxwell Road, Chula Vista ~~~p~ Lori Anne Peoples, CMC, Senior Deputy City Clerk / ~-/ DRAFT MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL, GROWTH MANAGEMENT OVERSIGHT COMMISSION AND PLANNING COMMISSION OF THE CITY OF CHULA VISTA June 15,2006 6:00 P.M. Adjourned Regular Meetings of the City Council, Growth Management Oversight Commission, and Planning Commission ofthe City ofChula Vista were called to order at 6:36 p.m. at the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California. On roll call, there were: ROLL CALL: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla Growth Management Oversight Commissioners: Arroyo, Garcia, Krogh, Little, Moya, Palma, Tripp, Waters, and Chair Spethman Planning Commissioners: Bensoussan, Felber, Nordstrom, Tripp and Chair Madrid ABSENT: Growth Management Oversight Commissioner Moya and Planning Commission Chair Madrid 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 PUBLIC HEARING 1. REVIEW OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2006 ANNUAL REPORT The Growth Management Oversight Commission (GMOC) has finalized its 2006 annual report regarding compliance with the City's quality of life threshold standards. The report reflects the outcome of analysis of information presented by various City departments and external agencies regarding the impacts on growth on each of the 11 facility and service topics covered by the threshold standards. The report addresses each threshold in terms of current compliance, issues, and corresponding recommendations. Planning and Building Director Sandoval provided an introduction and thanked everyone involved in the process, noting that this was the 20th year of the program, which is still considered a state of the art program, both statewide and nationally. Senior Planner Stephens provided the staff report covering the growth management program, the City's II quality of life indicators, the threshold standards under City control and external control, the establishment of the Growth Management Oversight Commission, the members and processes followed, including consistent questions asked for each threshold, City of Chula Vista statistics, and the residential growth forecast. / r::. - I: /.-7 DRAFT PUBLIC HEARING (continued) GMOC Chair Spethman provided a topic-by-topic review of the 11 quality oflife indicators with this year's findings and recommendations with regard to Fiscal, Air Quality, Sewer, Water, Libraries, Drainage, Parks & Recreation, Police, Fire/EMS, Traffic and Schools. Senior Planner Stephens presented the 2006 threshold standard - annual review summary for the period of July 1, 2004 through June 30, 2005. He then touched on the public review process, during which letters were received from Mr. Peter Watry and Ms. Laura Hunter of the Envirorunental Health Coalition. Additionally, the GMOC conducted a community workshop on June 7(1" and the only formal comments received were from Ms. Hunter. Subsequently, a request was received from the Sweetwater Authority to revise its response to the GMOC recommendation regarding recycled water use by adding clarification. A memorandum transmitting these revisions was provided on the dais this evening. Mr. Stephens then touched on the Growth Management Program Review, referred to as the "top to bottom" review, proposed changes and principles that are part of a three-prong effort, and the status of the proposed changes;, and he summarized the recommendations. The revised Growth Management Ordinance and Growth Management Guidelines document will be brought back to the Planning Commission and City Council following this year's annual review process and were not part of tonight's proposed action. GMOC Chair Spethman inquired as to whether any of the GMOC commissioners wished to provide additional comment on the draft. Commissioner Krogh stated that his opinion varied from that of the commission as a whole regarding the fiscal section of the report, and the vote was not unanimous. He then provided the Council and the Commissioners with a written statement and paraphrased his concerns for the record. His primary concerns focused on the fiscal section of the report and his view that the City acted illegally in using the SR-125 development impact fees. Commissioner Tripp stated that the GMOC held thorough discussions, with input from staff and the City Attorney's office, and the GMOC members believed they had adequately addressed the thresholds as adopted by the City Council and as stated in the Municipal Code. Commissioner Garcia said he had spent seven years on the Commission and was proud of the amount of time and level of effort devoted to talking about issues, listening to other opinions, bringing in staff, and obtaining legal opinions. The rest of the Commission believed that staff had responded with answers appropriately, the Commission did the best it could with all the information provided, and the Commission made the right decision. Mayor Padilla then asked and received concurrence to take public testimony prior to the Planning Commission discussion. Theresa Acerro stated that the structure of the GMOC, the types of materials they are given to evaluate, and the thresholds themselves are structured in a way to make it difficult not to meet a threshold, and therefore, are less valuable than they could be in evaluating the quality of life and the effects of growth upon that. Ms. Acerro then spoke regarding air quality and provided several examples and suggestions for improvement, such as providing developers with mandates rather than suggestions. She also suggested, with regard to water quality, the establishment of requirements for maintenance of sediment basins and filters in storm drains. Lastly, Ms. Acerro spoke regarding redevelopment and the need to create a threshold for the relocation of people and affordable housing. Page 2 - CounciVGMOC/PC Minutes http://www.chulavistaca.gov June 15, 2006 ^ r. DRAFT PUBLIC HEARING (continued) Kevin O'Neill, past member of the Planning Commission and GMOC, stated that he had participated in the 2005 GMOC threshold process, and he recommended changes in the library and parks thresholds, which seemed hollow in that they were met by completion of the facility, even though they were not yet open to the public. He had also recommended the addition of adequate staffing for the facilities, consistent with the library threshold, with appropriate hours of operation. Mr. O'Neill then stated that the City Manager had advised the GMOC it was not their role to consider staffing. Mr. O'Neill pointed out that staff should not dictate to a board or commission, as they are independent, and staff is there only to advise. A board or commission's allegiance should be to the citizens. Additionally, he stated that while serving on the GMOC, he had requested a threshold be added to look at the condition and maintenance of streets, as he felt the City was losing ground on street maintenance. Commissioner Bensoussan mentioned the parks and recreation threshold of three acres per thousand population and asked if there were a separate threshold for the west. GMOC Chair Spethman, Parks and Recreation Director Martin, Councilmember Rindone, Advanced Planning Manager Batchelder and City Attorney Moore addressed her questions, noting that Recreation was working with Community Development and Planning on meeting the challenges of the citywide ordinance. The Bayrront development will provide a considerable change to the parkland on the west side, and the current parks development ordinance has three acres per thousand for new development citywide, as does the General Plan and Parks Master Plan, based upon the Quimby Act, which was based upon development with no distinction between east and west. Ms. Bensoussan expressed her view that the document should reflect the reality and provide goals, not just pass or fail. She then requested and received clarification that acreage for school facilities and recreation-based community purpose facilities was not included in assessing the three acres of park land per 1,000 population standard; applauded the recommendation for planning a future major park to reflect a theme related to Chula Vista's history and accomplishments since its incorporation in 1911; requested consideration of a heritage element for the City's centennial in 2011 and urged the Council to put together a task force or committee for its preparation; requested clarification regarding traffic levels of service in western Chula Vista in the base year of 1991; suggested staff pursue additional transportation demand program grants if available in the future and, if available, consider using funds for the conversion of the trolley buses for possible use as rree shuttles to the Nature Center, Olympic Training Center and for west side tourism; confirmed that the Planning and Building Department has reorganized the environmental section, created a sustainability section that deals with habitat preservation, the Multiple Species Conservation Program and sustainability measures and the goal is to ratchet up standards and take them forward into the building community; and confirmed that the new GMOC Ordinance and guidelines were in the works and hoped they would address issues raised by the public regarding housing, water quality, street maintenance, library and parks. Director Sandoval noted that new items would need to be addressed in the next cycle. Ms. Bensoussan inquired about issues addressed by Commissioner Moya. Chair Spethman responded, as did Commissioner Tripp, stating that one of the public speakers at the last GMOC meeting was Laura Hunter of the Environmental Health Coalition, and Ms. Moya was an environmental representative. Ms. Hunter requested consideration of thresholds beyond those adopted by the Council, and Ms. Moya supported her request. Since the thresholds were approved by the City Council and not the GMOC, it was suggested that Ms. Hunter take her concerns to the City Council. Page 3 - Council/GMOC/PC Minutes http://www.chulavistaca.gov June 15, 2006 < DRAFT PUBLIC HEARING (continued) Commissioner Nordstrom stated that as a member of the GMOC, he had suggested that the report would be more complete if libraries and parks that fall under County jurisdiction could be included as an addendum. That would give a true depiction of quality of life, even though the threshold may not be met. He then applauded Commissioner Krogh for his level of conviction, whether right or wrong. Vice Chair Felber asked whether the GMOC had reviewed the subject of police coverage and whether a substation in the east would be better at accommodating growth versus additional beats and patrols. GMOC Chair Spethman responded in the affirmative, stating that the Police Chiefs preference was to have his officers under one roof and believed the money was better spent on beat patrol officers. Police Captain Wedge stated that one of the studies being conducted during the life cycle of the Strategic Plan would address this issue. Vice Chair Felber then expressed support for Commissioner Bensoussan's recommendation regarding the historical aspect of a future park in the west. He then encouraged staff to revisit what appeared to be a disparity between the medical center (per acre) fee and the regional commercial (per acre) fee, as it appeared to him that traffic going in and out of a shopping mall would be greater than a medical facility, so as not to discourage future expansion of or new medical facilities trom locating in the City. He also encouraged the City to work with the school district to open facilities for community use. GMOC Commissioner Garcia and Councilmember Rindone provided comment as to why this was not occurring, primarily due to security and safety issues and the delicate balance. Vice Chair Felber made inquiry on the school capacity figures and future enrollment at Palomar High School. ACTION: Planning Commissioner Nordstrom then moved to adopt Planning Commission Resolution No. PCM-06-01, heading read, text waived: RESOLUTION NO. PCM 06-01, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROVING THE 2006 GMOC ANNUAL REPORT AND RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY COUNCIL Commissioner Bensoussan seconded the motion, and it carried 4-0, with Chairman Madrid absent. Mayor Padilla requested questions and comments trom the Council. Deputy Mayor McCann recommended that the GMOC look at the City reserve capacity during future reviews to ensure that up to 8% is set aside for the fiscal health of the City. He then made inquiry, and Assistant City Manager/Library Director Palmer responded, regarding County library facilities being counted by the GMOC. Deputy Mayor McCann asked that some level of minimum staffing be established for libraries. He then inquired and received confirmation that the parks that currently are not on City property were not included in the threshold and that the Parks threshold was currently being met with the opening of new parks in 2006. Deputy Mayor McCann then requested the notation of a geographic distinction between east and west park acreage. He also requested that the City stay on track with the aquatics plan to make sure pools are provided for new and Page 4 - CounciVGMOC/PC Minutes http://www.chulavistaca.gov June 15, 2006 DRAfT PUBLIC HEARING (continued) existing residents. Further, he recommended City staff work with other agencies to put together a sewage treatment plant in the south county. He thanked staff for their work with the school district on getting the new high schools built on time. He then expressed concern with the next projected combination middle/high school in Village Eleven and the maturity levels of 7'h graders mixed in with lih graders. He spoke regarding the conflict with the United States Olympic Committee on naming the new high school in Village Seven Olympic High School, and he asked the Mayor to personally mention the matter to Peter Ueberroth, Chair of the U.S. Olympic Committee. With regard to the comments made by Commissioner Krogh on the use of Interim SR-125 development impact fees, Deputy Mayor McCann stated that staff was looking at possibly using them for traffic enhancements, toll reductions, and the creation of on and off ramps. He asked staff to provide an update on where the funds are headed. Further, he inquired as to whether, with all the additional police officers recently added, compliance would be met in Fiscal Year 2007, and he confirmed that the Bonita Public Safety Center storeftont was being used and negotiations were underway for an additional storeftont in the new shopping center. Police Captain Wedge responded that things were being reviewed in the Strategic Plan and hopefully there would be threshold compliance in 2007. Deputy Mayor McCann then thanked all Department Heads and staff for making great strides in meeting the established thresholds. Planning Vice Chair Felber stated that he had attended a combined middle/high school in the Midwest and suggested ways the district could make it safer, such as altering the start and end times, building entrances, generally separate the location of classes, and divide common areas such as the gym. Councilmember Rindone stated he had made a staff referral approximately three months ago regarding the planning of a community-wide centennial celebration. Assistant City Manager/Library Director Palmer responded that Cultural Arts and Funds Development Manager Reinhart and the Library Department were taking the lead and pulling together a set of recommendations on how it could be structured, which will be brought back to the Council the first of the year. Councilmember Rindone requested the inclusion of community members in the process. Councilmember Rindone then spoke regarding west side parks, stating that in addition to the potential new Bayftont park, there would soon be a new park on the KOA campground site. Councilmember Rindone then addressed Councilmember McCann's concerns regarding the naming of the new high school, stating that alternative names, such as Olympic Hills and Olympic Vista, were being reviewed. Councilmember Rindone then recommended the addition of a lih threshold, a transportation element, and asked the GMOC to brainstorm and look at what components of a transportation element might be appropriate. He also suggested the addition of a higher education component under Schools. Lastly, he asked the GMOC to look at the threshold for Police response times, requesting that emergency calls exceeding a 10-minute response time be looked at in more depth, and he suggested additionally that the Public Safety Committee look at all calls that exceed 10 minutes. City Attorney Moore commented on the statement made by Commissioner Krogh in which he noted he had spoken to several experts in related fields and quoted a law professor. Ms. Moore noted that it did not appear from the law professor's quote that the professor believed the City's 'r"'~'PA'" FT lJ]<'\ /' ~ ' PUBLIC HEARING (continued) actions with respect to use of the interim SR-125 DIF was illegal. The City Attorney's Office analyzed the issue, determined the actions were not illegal, and provided an opinion to the GMOC. The attorney who provided the opinion and spoke to Mr. Krogh has been practicing law for over 15 years and has handled complex legal issues with respect to land use matter, for both the City of San Diego and the City of Chula Vista. City Attorney Moore stated that she too had analyzed Mr. Krogh's concerns and found that the City's actions complied with state law. Ms. Moore went on to state that her legal background included over 20 years of experience in the area of land use, and that she had represented municipalities such as San Diego and Chula Vista, as well as private developers in a very reputable law firm in the San Diego. Although Mr. Krogh disagrees with the City Attorney's analysis, it was based on over 35 years of collective experience in the area of land use. She then stated that the analysis, simply put, was that refunds are required to be given when sufficient funds have been collected to complete the facilities identified by that fee. The interim fee was collected for a number of things, such as Interim SR- 125 facilities and other traffic enhancing projects. According to the City Engineer, the costs of those facilities exceeded the actual fees that were collected under the Interim SR-125 DIP program. Therefore, the City's actions were in compliance with state law. Councilmember Castaneda believed strides had been made regarding schools, public safety, fire, augmentation of the police budget and the ability of officers to reach their destinations in a timely matter, and traffic. However, within the Traffic threshold, more attention should be paid to maintenance, repair, and the quality of roadway segments. He asked the GMOC to look at roadway maintenance and repair along the same level as service analysis. He also asked that the Park threshold on the west side be looked at as a quality of life tool. Councilmember Chavez asked about the school districts and school building maintenance, upgrades and inspection ratings. Planning and Building Director Sandoval responded that the districts have put together a detailed work program on school staffing, new schools and old school renovations, and have agreed to share it with the GMOC on an annual basis. Commissioner Nordstrom stated that the GMOC had been provided with a school-by-school analysis manual on renovations. Councilmember Chavez then inquired as to projected emollment numbers and common school calendar considerations. Chair Spethman responded that suggesting changes to the district on the capacity of the schools and how they function was not within the purview of the GMOC. Further, Councilmember Chavez expressed concerns for the students of the proposed joint junior high/high school and the impact of traffic on the neighborhoods. GMOC Chair Spethman commented that the district was cognizant of the citizen concerns, and the GMOC reviewed the architectural renderings, which showed that there would be no interaction between middle and high school students. A wall divides the entire school. Additionally, the school would be smaller than others, which would minimize the traffic impacts. Councilmember Chavez stated her concerns were more with intermingling after school. Chair Spethman stated that, based on personal experience, the Police Department and School Resource Officers are currently doing an excellent job of monitoring current, similar situations. Councilmember Chavez stated that Village 7 is currently districted to go to Olympic High School, even though it is within walking district to Otay Ranch High School. She concurred with Councilmember Rindone's suggestion for a 12th threshold for transportation. She further noted that she did not see anything relating to medical or health care facilities and suggested looking at the adequacy of such service facilities for the community. Page 6 - Council/GMOCIPC Minutes http://www.chulavistaca.gov June 15, 2006 , , ! 1:"_, ~ / ',...' r),i)A.~' ~T wi\' 11 PUBLIC HEARING (continued) Planning Commissioner Nordstrom stated that he is the chair of the Scripps/Mercy Hospital Advisory Board, and is currently working with a group formed in concert with Supervisor Cox to develop a coalition to address healthcare. Proposals relative to medical care facilities in the south county will be forthcoming. He stated that it was incumbent upon elected officials, when going through the redevelopment process, possibly through grants or other means, to allow medical professionals to purchase homes in concert with the hospitals and within walking distance of hospitals and medical facilities. Mayor Padilla stated that local goverrunent could use its local land use authority to incentivize the types of housing and real estate transactions around medical facilities, and he suggested the City be involved with the committee at some time in the near future. He then echoed the comments from the Environmental Health Coalition that dealt with air and water quality and recommended that the Council consider tasking the GMOC with determining the right methodology to measure impacts. Mayor Padilla then thanked the members of the Planning Commission, GMOC, and staff. Councilmember Rindone added that incentivized housing for medical professionals and the creation of special circumstances to retain the facilities and expand them is an analogy that is also applicable to faculty housing for the university site. Planning and Building Director Sandoval asked that the Sweetwater Authority's requested technical changes in their response to GMOC recommendations, transmitted via staffs memorandum, be included as part of the motion. ACTION: Councilmember Rindone moved to adopt Resolution No. 2006-185, heading read, text waived, with the inclusion of the Sweetwater Authority's revisions referred to by Director Sandoval, with Council comments regarding additional and/or adjusted threshold standards, and incorporating direction by dialogue this evening from the Council: RESOLUTION NO. 2006-185, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2006 GMOC ANNUAL REPORT AND APPROVING THE RECOMMENDATIONS CONTAINED THEREIN; AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2006 GMOC RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" Deputy Mayor McCann seconded the motion, and it carried 5-0. PUBLIC COMMENTS There were none. ADJOURNMENT At 9:22 p.m., Mayor Padilla adjourned the City Council to a regular meeting on June 20, 2006, at 6:00 p.m. in the Council Chambers. At 9:22 p.m., GMOC Chair Spethman and Planning Commission Vice-Chair Felber adjourned their CommissionsC) their respective regular meetings. a~~ 'lu Lori Anne Peoples, CM~puty City Clerk Page 7 - CouncillGMOCIPC Minutes http://www,chulavistaca.gov June 15, 2006 ,~ /'" ;~....., -