HomeMy WebLinkAbout2007/10/09 Item 1
DRAFT
MINUTES OF AN ADJOURNED REGULAR MEETING OF
THE CITY COUNCIL AND SPECIAL MEETINGS OF THE
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
OF THE CITY OF CHULA VISTA
June 19, 2006
6:00 P.M.
A Regular Meeting of the City Council and Special Meetings of the Redevelopment Agency and
Housing Authority of the City of Chula Vista were called to order at 6: 12 p.m. in the Council
Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Council/Agency/Authority Members Castaneda, McCann, Ramirez,
Rindone, and Mayor/Chair Cox
ABSENT: Agency/ Authority/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Garcia, Agency/Authority/City Attorney
Moore, City Clerk Bigelow, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO DEPUTY MAYOR
RINDONE COMMENDING HIM FOR HIS 38 YEARS OF DEDICATED SERVICE
TO THE SWEETWATER UNION HIGH SCHOOL DISTRICT
Arlie Ricasa, President of the Sweetwater Union High School District Board of Trustees,
presented Deputy Mayor Rindone with a resolution recognizing him for his 38 years of dedicated
service.
Mayor Cox read the proclamation and presented it to Deputy Mayor Rindone, who thanked his
colleagues and the school board for the recognitions. He expressed his pride in serving as
principal of Hilltop High School, which he believed had the finest instructional faculty, the secret
to success in the educational world.
CONSENT CALENDAR
(Items 1 through 5)
Mayor Cox announced that the following Councilmembers would abstain from voting on the
following items due to potential conflicts of interest: Item 2, Deputy Mayor Rindone and
Councilmember Castaneda; Item 3B, Councilmember Castaneda; and Item 4, Councilmember
McCann.
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June 19,2007
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CONSENT CALENDAR (Continued)
I. APPROVAL OF MINUTES of the Regular Meeting of April 24, 2007 and the Special
Meeting of April 26, 2007.
Staff recommendation: Council approve the minutes.
2. RESOLUTION NO. 2007-151, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EASEMENT DEED GRANTING EASEMENTS OVER CITY-OWNED
LAND TO SAN DIEGO GAS & ELECTRIC COMPANY FOR ELECTRIC
FACILITIES AS NECESSARY TO PROVIDE UTILITY SERVICES FOR THE CIVIC
CENTER PHASE 3 RE-CONSTRUCTION
Adoption of the resolution is required for the completion of phase three of the Civic
Center reconstruction. (Acting Assistant City Manager/City Engineer)
Staff recommendation: Council adopt the resolution.
3. A. RESOLUTION NO. 2007-152, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE
FISCAL YEAR 2007/2008 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICTS 1 THROUGH 11,14,15,17,18,20,23,24,26,31 AND 33, EASTLAKE
MAINTENANCE DISTRICT NO. I, BAY BOULEVARD, AND TOWN CENTRE
MAINTENANCE DISTRICT NO.1 (ELMD #1), BAY BOULEVARD, DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
B. RESOLUTION NO. 2007-153, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2007/2008 SPREAD OF ASSESSMENTS FOR TOWN CENTRE
MAINTENANCE DISTRICT, DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENT, AND SETTING A PUBLIC HEARING REGARD
THIS ASSESSMENT
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 years. The districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The levy of an annual assessment for fiscal year 2007/2008 will enable the
City to collect sufficient funds to provide these ongoing services. The Council's approval
of the levy is required by the first week of August in order to meet the deadlines
established by the County Tax Assessor. (Acting Assistant City Manager/City Engineer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2007-154, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $212,875 IN GRANT FUNDS FROM THE
CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION TO PLANT
1,275 SHADE TREES ALONG PUBLIC RIGHTS-OF-WAY, ESTABLISHING A
NEW CAPITAL IMPROVEMENT PROJECT (CIP) ENTITLED, "CDFF URBAN
SHADE TREE GRANT (OP-213)", AMENDING THE FISCAL YEAR 2006/2007
CAPITAL IMPROVEMENT PROGRAM, AND APPROPRIATING $212,875 IN
GRANT FUNDS
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CONSENT CALENDAR (Continued)
The City has been awarded a $212,875 grant by the California Department of Forestry &
Fire Protection to plant an additional 1,275 shade trees along older residential streets,
canyon parkways, and within municipal parks. The new trees will provide long-term
environmental benefits to the community by mitigating urban heat island effects,
improving air quality, reducing urban runoff, and expanding wildlife habitat. The project
also focuses on fostering public stewardship of urban forests within the community.
(Conservation and Environmental Services Director)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION NO. 2007-155, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR FUNDING
OF THE RUBBERIZED EMULSION AGGREGATE SLURRY STUDY, AND
AUTHORIZING THE DIRECTOR OF GENERAL SERVICES TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA
The City conducts an annual pavement rehabilitation strategy, known as rubberized
emulsion aggregate slurry, on various streets throughout the City. The California
Integrated Waste Management Board has requested that the City conduct an investigation
to determine the viability of using rubberized slurry seals versus conventional slurry seals
as a preventative maintenance strategy. Adoption of the resolution approves an
agreement for the funding of the study; the City would receive $30,000 from the
California Integrated Waste Management Board upon satisfactory completion of the
agreement. (General Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Rindone moved to approve staffrecommendations and offered the
Consent Calendar, headings read, texts waived. Counciimember Castaneda
seconded the motion, and it carried 5-0, except on Item 2, which carried 3-0-2
with Deputy Mayor Rindone and Councilmember Castaneda abstaining; Item 3B,
which carried 4-0-1 with Councilmember Castaneda abstaining; and Item 4,
which carried 4-0-1 with Counciimember McCann abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Lisa Cohen, CEO, Chula Vista Chamber of Commerce, and Tina Medina, General Manager,
Chula Vista Visitors and Convention Center, invited all to the free 4th of July "Celebrate Chula
Vista" event being held at the Chula Vista Marina, commencing at noon. Bags with event
information were then distributed to the Council.
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PUBLIC COMMENTS (Continued)
With regard to Item 7, Steve Molski asked if information was available to the public, particularly
those without access to a computer. Mayor Cox replied that information could be sent to any
interested citizen upon request, and the information was also available at the City Clerk's Office
and the main library. Mr. Molski then asked the Council to take a position on Assembly Bill
1542 and Senate Bill 900, which relate to mobilehome park owners associations and would
nullify rent controls in California. He expressed concern that such laws would create a drastic
depreciation in mobilehome values while increasing rental costs. Additionally, he stated he had
expressed his concerns to the Council many times regarding the lack of available property for
rnobilehome parks, and had asked the Council to direct staff to set aside four to five acres of
property somewhere in the City for displaced mobilehomes.
Petra Barajas congratulated the City on its breakfast program to be offered for children at
recreation centers. She then stated she would be discussing issues pertinent to elder abuse with
Edward James Almos and Michael Moreno, AARP Associate State Director of Advocacy in
California; and she thanked citizens for their support of seniors.
PUBLIC HEARINGS
6. CONSIDERATION OF APPROVAL OF FIRE PREVENTION FEE AMENDMENTS
The Fire Prevention Division has proposed fee schedule amendments and additions to
both its Fire Safety Engineering and Fire Code Inspection Divisions. Fire Prevention fees
were first created in July 1995, and the last amendment was in August 2004. Previous
meetings with stakeholders revealed their desire for the Fire Department to keep its fees
current through continued analysis and amending its fees as needed. (Fire Chief)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Deputy Mayor Rindone asked about the amortization of support staff salaries and the provision
of direct services. Fire Chief Perry responded that in the past, the Fire Department was
supported by the general fund. The proposed fees would cover the costs of the employees
providing fire prevention services and meet the needs of the business community. Deputy
Mayor Rindone asked why San Diego was not listed in the fee comparison with other cities. Fire
Marshal Gipson explained that San Diego uses multiple personnel to perform the same level as
Chula Vista provides with one staff member; therefore, the fees could not be compared from a
methodology standpoint. Deputy Mayor Rindone expressed concerns about a proposed 90
percent base fee increase for day care centers and the potential to put small businesses out of
business, as well as impact residents. He asked if staff had discussed the proposed fees and
services with the Chamber of Commerce. Fire Marshal Gipson referenced a letter in the staff
report from the Chamber of Commerce, dated June I, 2007, indicating support of the proposed
fee schedule. Deputy Mayor Rindone questioned the proposed fee increase from $0 to $230 for
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PUBLIC HEARINGS (Continued)
occupancy verification/determination and its impact on businesses that would be required to pay
the fee. Fire Marshal Gipson replied that the department has received large volumes of work as a
result of bars that televise major sporting events, and a requirement by the satellite provider that
these establishments obtain an occupancy load verification and classification. Additionally, the
proposed fee also includes fire and life-safety inspections. Deputy Mayor Rindone asked how
the proposed fees of $0 up to $288 for fire clearance inspections compared with those of other
cities. Fire Marshal Gipson replied that the fees were one-time and comparable to those charged
by local cities, including those in the Orange County area.
Councilmember Ramirez spoke in support of full cost recovery, and questioned whether the per-
unit costs were competitive with other jurisdictions. Budget and Analysis Director Van Eenoo
believed they were comparable with other jurisdictions, and noted staff was more conservative
with the recommended fees. Councilmember Ramirez stated that the key was the ability to
provide the level of service expected by the community. Fire Marshal Gipson responded that the
department expected to see a significant increase in service response times with the additional
staffing proposed.
Councilmember McCann asked how the proposed positions would affect the backlog of fire
inspection services and about the effect of the inspections backlog on the slowdown of the
housing market. Fire Marshal Gipson responded that the staffing increases were expected to
provide the ability to maintain the time frames for services established by the Planning and
Building Department. Since the department does not perform inspections on single-family
residents, the effect of the backlog on the slowdown of the housing market would be
insignificant.
Councilmember Castaneda asked staff to provide a report to the Council within two weeks on
how the proposed fees would equate to improved service and safety to the community.
Mayor Cox asked City Manager Garcia about the ramifications of postponing a decision to the
meeting of July 17, 2007. City Manager Garcia responded that the $180,000 in proposed fees
was programmed into the proposed budget, and any delay in adopting the fees would simply
delay the implementation of the program.
Deputy Mayor Rindone stated that although he was not opposed to raising fees, it would be
appropriate for the Council to have further clarification. He requested an analysis of the
methodology used by San Diego in establishing its fee schedule; further explanation on response
times for plan checks; and a review of impacts on fees, particularly for small business, should the
Fire Marshal and Senior Fire Inspector positions be pulled from the calculations.
Councilmember Ramirez spoke in support of staffs recommendation for full cost recovery and
expressed concern that postponing the decision would further increase the backlog of plan
checks and permits.
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PUBLIC HEARINGS (Continued)
Mayor Cox moved to adopt the resolution and direct staff to provide a follow-up report within 30
days addressing questions raised by the Council. Councilmember Ramirez seconded the motion.
Councilmember Castaneda stated he would not support the motion without an understanding of
the impacts or benefits of the proposed fees on local businesses.
Deputy Mayor Rindone stated that although he is supportive of the fee increases and full cost
recovery, he wanted to ensure that the initial impact of the proposed fees, particularly on small
businesses, would not be debilitating.
Mayor Cox asked Councilmember Ramirez if he would support withdrawing the initial motion.
Councilmember Ramirez said he opposed withdrawing the initial motion and expressed support
of staff s recommendation.
The motion failed, with Councilmembers Castaneda, Rindone, and McCann voting no.
ACTION:
Deputy Mayor Rindone moved to continue the item to the meeting of July 17,
2007, and direct staff to address the issues identified by the Council.
Councilmember Castaneda seconded the motion, and it carried 4-1 with Councilmember
Ramirez voting no.
Item 9 was actually heard at this time.
At 8:28 p.m., Mayor Cox declared a recess. The meeting reconvened at 8:43 p.m. with all
members present.
7. CONSIDERATION BY THE CITY COUNCIL, REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY OF THE ADOPTION OF THE OPERATING AND
CAPITAL IMPROVEMENT BUDGETS FOR THE CITY AND THE
REDEVELOPMENT AGENCY AND THE OPERATING BUDGET FOR THE
HOUSING AUTHORITY FOR FISCAL YEAR 2007/2008
The Council received and considered the City Manager's proposed operating and capital
improvement budgets for the City and the Redevelopment Agency and the operating
budget for the Housing Authority for the fiscal year ending June 30, 2008. Work
sessions were held on March I, April 19, and June 7, 2007, to consider and deliberate on
the recommendations contained in the proposed budgets. The budgets submitted at this
time for formal adoption represent the City Manager's proposed budgets, as presented in
the fiscal year 2007/2008 proposed budget document, amended to reflect various cleanup
items. (Budget and Analysis Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
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PUBLIC HEARINGS (Continued)
Mayor Cox announced that the following Councilmembers would abstain from voting on the
following sub-items due to potential conflicts of interest: Item 7B, Deputy Mayor Rindone; Item
7C, Councilmember Ramirez; Item 7D, Councilmember Castaneda; Item 7E, Mayor Cox; Item
7F, Councilmember McCann; and Item 71, Councilmember Castaneda.
With respect to Item 7H, City Attorney Moore reported that Agencymembers McCann, Ramirez,
and Rindone owned properties within the stated merged project area, but since insufficient facts
exist to determine if the public generally exception applied in this case, the Redevelopment
Agency must evoke the rule of legally required participation. The names of Councilmembers
Rindone, McCann and Ramirez were placed in a paper bag. Deputy City Clerk Bennett drew
one name at random, and City Clerk Bigelow announced that Councilmember Ramirez' name
had been selected. Councilmember Ramirez was, therefore, permitted to participate in
discussing and voting on the item.
City Attorney Moore then stated that Councilmembers had no conflicts of interest on Items 7 A,
7G, 7J, and 7K, and a 4/5ths vote was required on Item 7K.
City Manager Garcia introduced Assistant City Manager Thomson, Director of Budget and
Analysis Van Eenoo, and Finance Director Kachadoorian, who presented the proposed fiscal
year 2007/2008 budget.
Mayor Cox opened the public hearing. With no members of the audience wishing to speak,
Mayor Cox closed the public hearing.
Mayor Cox moved to approve Council Resolution Nos. 2007-156 and 2007-162 and Housing
Authority Resolution No. 2007-033, and to place the ordinance on first reading,
headings read, texts waived. Deputy Mayor Rindone seconded the motion.
Councilmembers discussed their goals and concerns, and Councilmember Castaneda referenced
a memo to the Council dated June 19, 2007, from himself and Councilmember Ramirez
requesting that five points referenced in the memo be included in the proposed 2007/2008
budget.
Councilmember Castaneda suggested that each sub-item be voted on separately. Mayor Cox and
Deputy Mayor Rindone concurred and withdrew their prior motion.
ACTION:
Mayor Cox moved to adopt Resolution No. 2007-156, heading read, text waived:
A. RESOLUTION NO. 2007-156, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE
CITY OF CHULA VISTA EXCLUDING CAPITAL PROJECTS GG139,
GG166, GGl67, GG198, GG300, LB125, LB136, LB139, STL285,
STL337, STM358, PR223, PR272, PR302, PR307, TF355, PS165,
SW235, SW251 AND SW253 FOR FISCAL YEAR 2007/2008 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE
30,2008
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PUBLIC HEARINGS (Continued)
ACTION:
ACTION:
ACTION:
ACTION:
Deputy Mayor Rindone seconded the motion, and it carried 3-2, with
Councilmembers Castaneda and Ramirez voting no.
Mayor Cox moved to approve Resolution No. 2007-157, heading read, text
waived:
B. RESOLUTION NO. 2007-157, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
CAPITAL IMPROVEMENT BUDGET FOR PROJECTS GG139,
GG166, GG167, GG198, GG300, PS165 FOR FISCAL YEAR 2007/2008
AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING
JUNE 30, 2008
Councilmember McCann seconded the motion, and it carried 3-1-1, with
Councilmember Ramirez voting no and Deputy Mayor Rindone abstaining.
Deputy Mayor Rindone moved to adopt Resolution No. 2007-158, heading read,
text waived:
C. RESOLUTION NO. 2007-158, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
CAPITAL IMPROVEMENT BUDGET FOR PROJECTS LB125,
STL285 AND STL337 FOR FISCAL YEAR 200712008 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE
30,2008
Councilmember McCann seconded the motion, and it carried 4-0-1, with
Councilmember Ramirez abstaining.
Mayor Cox moved to approve Resolution No. 2007-159, heading read, text
waived:
D. RESOLUTION NO. 2007-159, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
CAPITAL IMPROVEMENT BUDGET FOR PROJECTS LB136, LB139,
PR223, PR272, SW251, AND SW253 FOR FISCAL YEAR 2007/2008
AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING
JUNE 30, 2008
Deputy Mayor Rindone seconded the motion, and it carried 3-1-1, with
Councilmember Ramirez voting no and Councilmember Castaneda abstaining.
Councilmember Castaneda moved to adopt Resolution No. 2007-160, heading
read, text waived:
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PUBLIC HEARINGS (Continued)
ACTION:
ACTION:
ACTION:
E. RESOLUTION NO. 2007-160, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
CAPITAL IMPROVEMENT BUDGET FOR PROJECTS STM358 AND
TF355 FOR FISCAL YEAR 2007/2008 AND APPROPRIATING
FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2008
Councilmember McCann seconded the motion, and it carried 3-1-1, with
Councilmember Ramirez voting no and Mayor Cox abstaining.
Deputy Mayor Rindone moved to adopt Resolution No. 2007-161, heading read,
text waived:
F. RESOLUTION NO. 2007-161, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
CAPITAL IMPROVEMENT BUDGET FOR PROJECTS PR302, PR307
AND SW235 FOR FISCAL YEAR 2007/2008 AND APPROPRIATING
FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2008
Councilmember Castaneda seconded the motion, and it carried 3-1-1, with
Councilmember Ramirez voting no and Councilmember McCann abstaining.
Mayor Cox moved to adopt Resolution No. 2007-162, heading read, text waived:
G. RESOLUTION NO. 2007-162, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A
WORK FURLOUGH FOR EXECUTIVE, SENIOR AND MIDDLE
MANAGERS; CONFIDENTIAL EMPLOYEES; AND EMPLOYEES
REPRESENTED BY WESTERN COUNCIL OF ENGINEERS (WCE)
Deputy Mayor Rindone seconded the motion, and it carried 4-1, with
Councilmember Ramirez voting no.
Mayor Cox moved to adopt Redevelopment Agency Resolution No. 2007-1979,
heading read, text waived:
H. RESOLUTION NO. 2007-1979, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT
BUDGET FOR THE REDEVELOPMENT AGENCY FOR THE
SOUTHWEST/TOWNE CENTER II/OTAY VALLEY/ADDED AREA
PROJECT AREA FOR FISCAL YEAR 2007/2008 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE
30,2008
Agency Member Castaneda seconded the motion. The motion failed 2-1-2, with
Agency Member Ramirez voting no, and Agency Members Rindone and McCann
abstaining. (The resolution was subsequently adopted, as noted below.)
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PUBLIC HEARINGS (Continued)
City Manager Garcia spoke regarding the possible implications of the failed vote on Item 7H,
which includes debt payments on financial obligations by the City and legal requirements of the
Finance Director to advise bonding agencies on potential for defaults.
ACTION:
ACTION:
ACTION:
ACTION:
ACTION:
Agency Member Ramirez moved to reconsider Item 7H. Agency Member
Castaneda seconded the motion, and it carried 3-0-2, with Agency Members
Rindone and McCann abstaining.
Chair Cox moved to adopt Redevelopment Agency Resolution 2007-1979.
Agency Member Castaneda seconded the motion, and it carried 3-0-2, with
Agency Members Rindone and McCann abstaining.
Chair Cox moved to adopt Redevelopment Agency Resolution No. 2007-1980,
heading read, text waived:
1. RDA RESOLUTION NO. 2007-1980, RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT
BUDGETS FOR THE REDEVELOPMENT AGENCY FOR TOWNE
CENTER I AND THE BAYFRONT PROJECT AREAS FOR FISCAL
YEAR 2007/2008 AND APPROPRIATING FUNDS FOR THE FISCAL
YEAR ENDING JUNE 30, 2008
Agency Member McCann seconded the motion, and it carried 3-1-1, with Agency
Member Ramirez voting no, and Agency Member Castaneda abstaining.
Chair Cox moved to adopt Housing Authority Resolution No. 2007-033, heading
read, text waived:
J. HA RESOLUTION NO. 2007-033, RESOLUTION OF THE HOUSING
AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE
OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR
FISCAL YEAR 2007/2008 AND APPROPRIATING FUNDS FOR THE
FISCAL YEAR ENDING JUNE 30, 2008
Authority Member Rindone seconded the motion, and it carried 4-1, with
Authority Member Ramirez voting no.
Councilmember Rindone moved to place the following ordinance on first reading,
heading read, text waived.
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PUBLIC HEARINGS (Continued)
K. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE
POSITIONS OF CALIFORNIA BORDER ALLIANCE GROUP (CBAG)
ANALYST, CBAG PROGRAM MANAGER, CITY ENGINEER,
GRANTS DEVELOPMENT MANAGER, ECONOMIC
DEVELOPMENT OFFICER, GOVERNMENT RELATIONS LIAISON,
HOUSING MANAGER, PLANNING MANAGER, REDEVELOPMENT
MANAGER AND TRANSIT MANAGER AND TO ELIMINATE THE
POSITIONS OF COMMUNICATIONS MANAGER AND INTER-
GOVERNMENTAL AFFAIRS COORDINATOR
Mayor Cox seconded the motion, and it carried 4-1, with Councilmember
Ramirez voting no.
With reference to the memorandum submitted by Councilmembers Castaneda and Ramirez,
Mayor Cox proposed that Items 1,2, and 3 be referred to the City Manager for his consideration
and brought back to the Council within 30 days for his initial response.
Councilmember Castaneda moved to submit Items I, 2 and 3 of the memorandum to the City
Manager to establish a process for review and to come back to the Council with suggested
recommendations; and with respect to Item 4, there be a commitment by the Council that any
available funding resulting from budget adjustments be committed to the operation and
maintenance of the Rancho del Rey Library. There was no second to the motion.
Councilmembers further discussed the items contained in the memorandum.
City Manager Garcia summarized that staff would need to work with the Council to prepare a
strategic plan to make up a $4 million deficit over the next year. He spoke of the need to have
substantive discussions about objectives, goals and priorities and realistic projections for future
fiscal years. He also expressed the need to gain an understanding of the City's existing
inventory, specifically in terms of strategic plans for each department; and supported the concept
of a Council retreat/workshop to discuss some of the future challenges.
ACTION:
It was the consensus of the Council to refer the memorandum from
Councilmembers Castaneda and Ramirez, dated June 19, 2007, to the City
Manager for his response.
OTHER BUSINESS
8. CITY MANAGERlDIRECTOR'S REPORTS
There were none.
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OTHER BUSINESS (Continued)
9. MA YORJCHAIR'S REPORTS
Item 9 was actually heard prior to Item 7.
. Ratification of reappointment of Mike Najera as the City of Chula Vista's representative
on the Board of Port Commissioners to a term ending January 2,2011
Dukie Valderama, Port Commissioner for the City of National City, spoke in support of the re-
appointment of Commissioner Najera, stating that they had worked closely on the Gaylord
project, for which Mr. Najera had taken a leadership role. She noted that Mr. Najera was an
asset to the community.
Port Commissioner Najera reported on a number of projects he worked on over the past 10
months.
Deputy Mayor Rindone requested that the item be placed on the agenda as "consideration ofre-
appointment" in the future to give the Council the opportunity for healthy dialogue prior to
taking action. He then spoke in support of Commissioner Najera's re-appointment.
ACTION:
Councilmember McCann moved to re-appoint Commissioner Najera as Chula
Vista's representative on the Board of Port Commissioners. Councilmember
Ramirez seconded the motion, and it carried 5-0.
Councilmember Ramirez expressed his appreciation of Commissioner Najera's commitment as
Chula Vista's representative on the Port Commission.
Councilmember Castaneda questioned what the Port was doing to ensure removal of the South
Bay power plant. Mr. Najera responded that the Port was awaiting removal of the run-must-run
status, and that the City needed to continue to meet with SDG&E in order to meet the scheduled
removal date of 2010. Councilmember Castaneda asked for Mr. Najera's commitment to
continue working to ensure that the 2010 deadline, or soon thereafter, was maintained. Mr.
Najera responded affirmatively.
Mayor Cox asked Mr. Najera for his commitment to making diligent efforts to open "H" Street.
Mr. Najera responded affirmatively. Mayor Cox also requested that Mr. Najera return with an
updated report to the Council in August or September.
Mayor Cox spoke about the success of the recent Board and Commission recognition event, and
thanked various members of staff for their assistance. She recommended that next year's
recognition be held on a Monday night in order to accommodate the scheduling of other events at
City facilities.
Mayor Cox announced that on July 7,2007, the Nature Center would host its gala in honor of its
20th anniversary; tickets may be purchased from the Nature Center.
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OTHER BUSINESS (Continued)
Mayor Cox announced that the deadline for accepting applications for the Chula Vista
Redevelopment Corporation was July 2,2007, and interviews have been scheduled for July II,
2007.
Mayor Cox stated that on July 10, 2007, Mr. Kieser would present a report to the Council on the
independent financial review.
Mayor Cox thanked the Council for its support of Mike Najera as the City's representative on the
Port Commission, expressed gratitude to the Finance Department staff and Directors, and gave
best wishes to Assistant City Manager Thomson on his retirement.
10. COUNCIL/AGENCY MEMBERS' COMMENTS
Councilmember McCann thanked the board and commission members and City staff for the
success of the recent dinner. He also congratulated the YMCA on its gala event, wished
Assistant City Manager Thomson a fond farewell, and wished all fathers a belated happy Father's
Day.
Deputy Mayor Rindone confirmed that the Growth Management Oversight Commission
workshop scheduled for June 21, 2007, had been cancelled. He then congratulated Assistant
City Manager Thomson on his years of service to the City, and wished him a healthy and happy
retirement.
At 10:24 p.m., the City Council recessed to Closed Session in the Council Conference Room.
CLOSED SESSION
11. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One case
No reportable action was taken on this item.
ADJOURNMENT
At 11:27 p.m., Mayor Cox adjourned the City Council to the Regular Meeting of July 10, 2007,
at 6:00 p.m. in the Council Chambers; the Redevelopment Agency to the Regular Meeting of
July 12, 2007, at 6:00 p.m. in the Council Chambers; and the Housing Authority until further
notice.
~-------:;? -
Lorraine Bennett, CMC, Deputy City Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 10, 2007
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, Assistant City Attorney Marshall, City Clerk
Bigelow, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY HUMAN RESOURCES DIRECTOR RASKlN OF EMPLOYEE
OF THE MONTH, ANNA KEMERY, CONFIDENTIAL ADMINISTRATNE
SECRETARY
Human Resources Director Raskin introduced the employee of the month, Anna Kemery. Mayor
Cox read the proclamation, and Deputy Mayor Rindone presented it to Anna.
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO SHANNON
BULLOCK AND BERNICE MORA, RECREATION SUPERVISORS,
PROCLAIMING JULY 12,2007 AS "GO PLAY GET FIT YOUTH DAY"
Mayor Cox read the proclamation, and Councilmember McCann presented it to Shannon Bullock
and Bernice Mora. Ms. Bullock and Ms. Mora then thanked the Mayor and Council for the
recognition.
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO DR. CHRIS
SEARLES, PARKS AND RECREATION COMMISSION CHAIR; TANYA ROVIRA-
OSTERW ALDER, HEAC PROJECT COORDINATOR; AND DANA RICHARDSON,
SOUTH BAY PARTNERSHIP CHAIR, PROCLAIMING THE MONTH OF JULY AS
"NATIONAL PARKS AND RECREATION MONTH"
Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Dr. Chris
Searles, Tanya Rovira-Osterwalder and Dana Richardson.
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DRAFT
SPECIAL ORDERS OF THE DAY (continued)
. PRESENTATION ON THE BAYSHORE BIKEWAY BY COUNTY SUPERVISOR
GREG COX AND SAN DIEGO ASSOCIATION OF GOVERNMENTS' SENIOR
REGIONAL PLANNER, STEPHEN VANCE
County Supervisor Cox provided an overview of the history of the Bayshore Bikeway. He then
introduced Stephen Vance, who presented the Bayshore Bikeway Plan.
Mayor Cox recognized Coronado Councilmember Phil Munro, who was also present at the
meeting.
It was the consensus of the Council to accept a request by Councilmember Ramirez to be
temporarily excused as a member of the Bayshore Bikeway Policy Group as it relates to the
section referred to in the presentation, due to property he owns near the section. The Council
also concurred that Deputy Mayor Rindone would fill the interim position.
· PRESENTATION BY PLANNING AND BUILDING DIRECTOR SANDOVAL TO
THE CITY COUNCIL OF AWARDS RECEIVED BY THE CITY OF CHULA VISTA
FROM THE SAN DIEGO CHAPTER OF AMERICAN PLANNING ASSOCIATION
Planning and Building Director Sandoval spoke about the two major awards received by the City
from the American Planning Association in the areas of plan implementation and public
outreach. He expressed his appreciation to the Council for its support and then presented the
awards to the Council.
At this time, Mayor Cox read a statement she had given to the Port Commissioners of the San
Diego Unified Port District at its recent meeting regarding the status of the Bayfront
development as a result of the recent events regarding Gaylord Enterprises. She stated that
should circumstances change, the potential was there to resume discussions on issues with
Gaylord.
CONSENT CALENDAR
(Items 1 through 8)
Councilmember Ramirez requested that Item 5 be removed from the Consent Calendar for
discussion; and Deputy Mayor Rindone requested that Item 8 also be removed for discussion.
1. APPROVAL OF MINUTES of May 1,2007.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from John Nezozzi, member of the International Friendship
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
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CONSENT CALENDAR (continued)
B. Letter of resignation from Jerome Sandoval, member of the Child Care
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
3. ORDINANCE NO. 3077, ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION IS-07-017 AMENDING THE
ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY
REZONING ONE PARCEL CONSISTING OF 1.46 ACRES LOCATED AT 1501
BROADWAY FROM CT-P (COMMERCIAL THOROUGHFARE WITH PRECISE
PLAN) TO R-3 (APARTMENT RESIDENTIAL), AND APPROVING INCENTIVES
AND CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW FOR THE
REDUCTION IN CERTAIN DEVELOPMENT STANDARDS FOR THE
DEVELOPMENT OF AN AFFORDABLE FOR-RENT PROJECT BY WAKELAND
HOUSING DEVELOPMENT (SECOND READING)
The proposed ordinance adopts the mitigated negative declaration and approves the zone
change, density bonus incentives and concessions for the project. First reading of the
ordinance was held on June 14,2007. (Acting Community Development Director)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE NO. 3078, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE
POSITIONS OF CALIFORNIA BORDER ALLIANCE GROUP (CBAG) ANALYST,
CBAG PROGRAM MANAGER, CITY ENGINEER, GRANTS DEVELOPMENT
MANAGER, ECONOMIC DEVELOPMENT OFFICER, GOVERNMENT
RELATIONS LIAISON, HOUSING MANAGER, PLANNING MANAGER,
REDEVELOPMENT MANAGER AND TRANSIT MANAGER AND TO ELIMINATE
THE POSITIONS OF COMMUNICATIONS MANAGER AND INTER-
GOVERNMENTAL AFFAIRS COORDINATOR (SECOND READING - 4/5THS
VOTE REQUIRED)
Adoption of the ordinance amends Municipal Code Section 2.05.010 relating to the
establishment of unclassified positions to reflect the addition of eight existing position
titles that were inadvertently excluded from this section, the addition of two new position
titles recommended as part of the proposed budget, and the deletion of two unclassified
position titles. First reading of the ordinance was held on June 19, 2007. (Budget and
Analysis Director/Human Resources Director)
Staff recommendation: Council adopt the ordinance.
5. This item was removed from the Consent Calendar for discussion at the request of
Councilmember Ramirez.
6. RESOLUTION NO. 2007-164, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA MAINTAINING THE EXISTING CITY INVESTMENT
POLICY AND GUIDELINES
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CONSENT CALENDAR (continued)
Per California Government Code, the City Treasurer may annually present the City's
investment policy to the Council to reaffirm or make any changes to the existing policy.
The policy provides guidelines for the investment of idle funds and affords the City
various investment opportunities, as long as an investment is deemed prudent under the
prudent person rule and is allowable under California Government Code Section 53600 et
seq. The policy's guidelines emphasize the importance of safety and liquidity first.
(Finance Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2007-165, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE
AMOUNT OF $553,600 FOR TWO COMBINATION SEWER CLEANING TRUCKS
TO DION INTERNATIONAL TRUCKS, LLC, DBA DION INTERNATIONAL
TRUCKS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF
SAN DIEGO BID 6971-05-Z AND PURCHASE ORDER 807191-0
The Fiscal Year 2007/2008 sewer fund provides for the replacement of two combination
sewer-cleaning trucks. Municipal Code Section 22.56.140 and Council Resolution No.
6132 authorize the Purchasing Agent to participate in cooperative bids with other
government agencies for the purchase of materials of common usage. The City has an
opportunity to participate in a current City of San Diego bid for favorable terms and
pricing. (Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
8. This item was removed from the Consent Calendar for discussion at the request of
Deputy Mayor Rindone.
ACTION:
Mayor Cox moved to approve staffs recommendations and adopt Consent
Calendar Items 1 through 4, 6 and 7, headings read, texts waived.
Councilmember McCann seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. RESOLUTION NO. 2007-163, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A PERMANENT ALL-WAY STOP
CONTROL AT THE INTERSECTION OF LANE AVENUE AND MACKENZIE
CREEK ROAD
During calendar year 2006, staff did extensive work in the Rolling Hills Ranch area
related to a neighborhood traffic calming pilot project and truck route issues. Residents
in the neighborhoods adjacent to Lane Avenue shared concerns regarding speeding
vehicles and pedestrian safety along Lane A venue, particularly at its intersection with
Mackenzie Creek Road. In an effort to address resident concerns, the Council directed
staff to install an all-way stop as a "trial traffic control device." After monitoring its
operation, staff recommends that a permanent all-way stop be installed. (City Engineer)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (continued)
Councilmember Ramirez asked if the residents in the affected neighborhood were aware of the
past safety and traffic issues raised, and whether they had distinguished between the truck route
and pedestrian safety issues. Deputy Director of Engineering Browder replied that it was the
community's desire to have a four-way stop that addressed the truck route issues and
neighborhood traffic calming desires. Councilmember Ramirez stated that the initial stop sign
analysis, based on a point system, had failed, and he questioned whether a subsequent analysis
had been performed. Staff replied that although the point system analysis had failed, staff was
directed to install an all-way stop as a trial traffic control device because of the community's
concerns over pedestrian safety in the area. Councilmember Ramirez suggested that staff
analyze the effectiveness of the point system, using this example as a reference.
ACTION:
Councilmember Ramirez moved to adopt Resolution No. 2007-163, heading read,
text waived. Deputy Mayor Rindone seconded the motion, and it carried (5-0).
8. RESOLUTION NO. 2007-166, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING TWO TREE
TRIMMING CONTRACTS TOTALING $107,115 TO PROVIDE TREE TRIMMING
SERVICES, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE
AGREEMENTS FOR FIVE (5) ADDITIONAL, ONE (I) YEAR OPTION PERIODS
Bids to provide multi-year tree trimming services were opened May 10, 2007. Fourteen
requests for bid packets were mailed, two of which were sent to local contractors. Staff
also received a request to send a bid packet to one additional contractor. The bid was
advertised in The Star-News. Representatives from eight companies attended a
mandatory pre-bid conference held on April 26, 2007. Five contractors submitted bids;
none of them were from Chula Vista. Staff recommends that two bidders, Great Scott
Tree Service and Aztec Landscaping, be awarded the contracts. (Public Works
Operations Director)
Staff recommendation: Council adopt the resolution.
Deputy Mayor Rindone confirmed the award amounts of$73,163.64, as stated in the staff report
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and adopt
Resolution No. 2007-166, heading read, text waived. Councilmember Ramirez
seconded the motion, and it carried 5-0.
PUBLIC COMMENTS
Petra Barajas stated that Councilmembers should not recuse themselves from voting on items on
the agenda, and that the matters needed to be discussed on the dais. She also stated that the City
Attorney should be an elected position, and the City should not be expending funds on lawsuits.
Mayor Cox clarified that when a Councilmember recuses himself or herself, it is because of a
potential conflict, whereby they are not permitted to participate on the item by law.
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PUBLIC HEARINGS
9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND AUTHORIZING
PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL FOR COLLECTION
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that the collection efforts are directed towards the responsible property owner in
the event of a change in ownership, staff recommends placing liens against affected
properties as a preliminary action to placing the delinquencies on the property tax rolls if
they remain unpaid. Adoption of the resolution enhances the collection process by
ensuring that the correct property owners are charged and that payments are received on a
timely basis. This process has been approved by the Council since August 1998.
(Finance Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Finance Director Kachadoorian recommended that the outstanding 175 delinquent accounts,
valued at $81,600, be submitted to the County for collection.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-167, heading
read, text waived:
RESOLUTION NO. 2007-167, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ASSESSING
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS
UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON
THE NEXT REGULAR TAX BILL
Deputy Mayor Rindone seconded the motion, and it carried 5-0.
10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND AUTHORIZING PLACEMENT OF
THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change in ownership, staff recommends approval to place liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of the resolution enhances the amount of
uncollectible losses and ensures that payment will be received on a timelier basis. The
Council has approved this process on a regular basis since 2001. (Finance Director)
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PUBLIC HEARINGS (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Finance Director Kachadoorian recommended that the outstanding 166 delinquent accounts,
valued at $17,700, be submitted to the County for collection.
Mayor Cox opened the public hearing. With no members of the public wishing to speak, Mayor
Cox closed the public hearing.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-168, heading
read, text waived:
RESOLUTION NO. 2007-168, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ASSESSING
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED
LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL
Deputy Mayor Rindone seconded the motion, and it carried 5-0.
II. CONSIDERATION OF WAIVING MINOR IRREGULARITIES ON THE BID
RECEIVED FOR THE DRAINAGE IMPROVEMENT PROJECT ON EMERSON
STREET (CIP NO. DR-B3) PER CITY CHARTER SECTION 1009
On June 13, 2007, the Director of General Services received nine sealed bids for the
Emerson Street drainage improvement project (CIP No. DR-B3)," which provides for
the construction of a drainage facility from Elm A venue, north of Emerson Street, to
Naples Street, between Fifth Avenue and Weisser Way. The work also includes all labor,
material, equipment, transportation, protection of existing improvements and traffic
control necessary for the project. (General Services Director)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution Nos. 2007-169 and 2007-170,
headings read, texts waived:
A. RESOLUTION NO. 2007-169, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA WAIVING
IRREGULARITIES, ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "DRAINAGE IMPROVEMENTS, EMERSON
STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO.
DR-l33)" PROJECT TO BURTECH PIPELINE, INC. IN THE
AMOUNT OF $1,911,070
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PUBLIC HEARINGS (Continued)
B. RESOLUTION NO. 2007-170, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN
INTERPROJECT TRANSFER FROM EXISTING CAPITAL
IMPROVEMENT PROJECT DR-120 "DRAINAGE IMPROVEMENTS,
WEST AND EAST OF SECOND AVENUE, NORTH OF "H" STREET,"
AND CAPITAL IMPROVEMENT PROJECT DR-160 "F STREET
DRAINAGE FACILITIES," TO THE "DRAINAGE IMPROVEMENTS,
EMERSON STREET DR-B3 IN THE AMOUNT OF $163,526 TO
COMPLETE THE PROJECT AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT
Councilmember Castaneda seconded the motion, and it carried 5-0.
12. CONSIDERATION OF AMENDMENT TO THE MASTER FEE SCHEDULE TO
ADJUST EXISTING FEES FOR ANIMAL SHELTER SERVICES TO INCLUDE
MICROCHIPPING AS PART OF THE ANIMAL ADOPTION FEES
Adoption of the resolutions adjusts fees at the Chula Vista Animal Care Facility to
include mandatory microchipping as part of the animal adoption fee and appropriates
funds for the microchipping program. The new fee would be effective immediately upon
approval by the City Council. (General Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Councilmember Castaneda asked the percentage of people who opt to pay the fee for
microchipping services. Animal Control Manager Davidson-York replied that approximately 30
percent request the microchipping service. Councilmember Castaneda asked staff to look at
providing debit and credit card options as a method of payment for pet adoptions and associated
fees.
Councilmember McCann asked how many animals were adopted from the shelter annually. Dr.
Davidson-York replied that approximately 3,000 pets were adopted annually. Councilmember
McCann requested that the projected revenue estimates resulting from the proposed
microchipping services be indicated in future staff reports. He then asked the rationale for the
proposed mandatory microchipping services. Deputy Director of General Services Quilantan
replied that the intent was to rapidly re-unite animals with their owners and avoid impound fees.
Councilmember Ramirez announced that he was working on establishing an animal care
commission to address issues such as fund-raising, adoptions, and volunteer services.
ACTION:
Councilmember McCann moved to adopt Resolution Nos. 2007-171 and 2007-
172, headings read, texts waived:
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PUBLIC HEARINGS (Continued)
A. RESOLUTION NO. 2007-171, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
MASTER FEE SCHEDULE TO ADJUST EXISTING FEES FOR
ANIMAL SHELTER SERVICES TO INCLUDE MICROCHIPPING AS
PART OF THE ANIMAL ADOPTION FEES
B. RESOLUTION NO. 2007-172, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2007/2008 SUPPLIES AND SERVICES BUDGET OF
THE ANIMAL CARE FACILITY AND APPROPRIATING FUNDS
FOR THE MICROCHIPPING PROGRAM
Councilmember Ramirez seconded the motion, and it carried 5-0.
13. CONSIDERATION OF TESTIMONY FOR FISCAL YEAR 2007/2008 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18,20,23,24,26,31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO 1, BAY BOULEVARD, AND TOWN
CENTRE MAINTENANCE DISTRICTS
On June 19, 2007, the Council set the public hearings for the levy of assessments for the
City's open space districts and Town Centre maintenance district. The City administers
and maintains 36 open space districts and associated zones that have been established
over the last 30 years. The districts provide a financing mechanism to maintain the
public open space areas associated with each particular development, and the levy of
annual assessments allows the City to collect funds to provide for these ongoing services.
(City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. With no members of the public wishing to speak, she
closed the public hearing.
Councilrnember Castaneda stated that he would abstain from voting on Item 13B due to the
proximity of his residence to the Town Centre area.
ACTION:
Councilrnember Castaneda moved to adopt Resolution No. 2007-173, heading
read, text waived:
A. RESOLUTION NO. 2007-173, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTffiLES FOR CITY OPEN SPACE
DISTRICTS 1 THROUGH 11, 14, 15, 17, 18,20,23,24,26,31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO. 1 (ELMD #1), AND
BAY BOULEVARD
Councilmember Ramirez seconded the motion, and it carried 5-0.
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PUBLIC HEARINGS (continued)
ACTION:
Councilmember McCann moved to adopt Resolution No. 2007-174, heading read,
text waived:
B. RESOLUTION NO. 2007-174, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE
MAINTENANCE DISTRICT (4/5THS VOTE REQUIRED)
Deputy Mayor Rindone seconded the motion, and it carried 4-0-1, with
Councilmember Castaneda abstaining.
14. CONSIDERATION OF A TENTATNE SUBDNISION MAP, PCS-06-08, TO
SUBDIVIDE .26 ACRES INTO SEVEN CONDOMINIUM UNITS FOR INDNIDUAL
OWNERSHIP AT 148 FOURTH AVENUE
The applicant, Michael Palumbo, proposes to convert an existing seven-unit apartment
into seven condominium units. (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.
Assistant Planner Young presented the proposed tentative subdivision map for the condominium
conversIOn.
Mayor Cox opened the public hearing.
Francisco Lim, a property owner who resides west of the proposed project, asked staff if there
were any provisions to require a property management company, so he would have a point of
contact regarding common areas and property maintenance. Planning and Building Director
Sandoval responded that the formation of a homeowners association would be required.
With no further members of the public wishing to speak, Mayor Cox closed the public hearing.
Councilmember Ramirez expressed concern about potential parking problems and the impacts on
local residents. He was hopeful that staff would monitor any parking issues.
Mayor Cox asked if the City could require that garages be used for vehicle parking.
Development Planning Manager Hernandez replied that the covenants, conditions and
restrictions (CC&R's) typically require that garages be used exclusively for the storage of
vehicles, a provision that would be enforced by the homeowners association, not the City.
ACTION:
Councilmember McCann moved to adopt Resolution No. 2007-175, heading read,
text waived:
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PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2007-175, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO
SUBDIVIDE .26 ACRES AT 148 FOURTH AVENUE FOR A ONE-
LOT CONDOMINIUM CONTAINING 7 RESIDENTIAL UNITS -
MICHAEL PALUMBO
Deputy Mayor Rindone seconded the motion, and it carried 5-0.
15. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP, KNOWN AS NAPA
PLACE, CHULA VISTA TRACT 06-03, TO SUBDIVIDE 1.7 ACRES AT 445 FIRST
AVENUE INTO NINE SINGLE-FAMILY RESIDENTIAL LOTS AND ONE
COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST
PARKING
The applicant, Napa Place L.P., proposes to demolish the existing single-family house
and detached garage/shed to subdivide 1.7 acres into nine single-family residential lots.
(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.
Assistant Planner Young presented the Napa Place tentative subdivision map.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Deputy Mayor Rindone asked why staff had limited the second access entrance. Development
Planning Manager Hernandez replied that because of the size of the subdivision, the applicant
concurred with residents on Corte Helena that the second access should remain closed. Deputy
Mayor Rindone expressed concern about blocking the second access entrance. He stated that he
would support the project but could not support the closure of the access entrance. He asked
staffto amend the proposal by creating an easement on lot 6 to prevent construction on the lot, in
case it is decided at a later date that access was needed.
Mayor Cox expressed concern about an amendment that would go against what the citizens had
already agreed upon.
Councilmember Castaneda suggested that the proposed area be developed for use by emergency
vehicles only.
Councilmember McCann stated he believed the proposed project provided adequate access.
ACTION:
Councilmember McCann moved to adopt Resolution No. 2007-176, heading read,
text waived:
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PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2007-176, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
TENTATIVE MAP KNOWN AS NAPA PLACE, CHULA VISTA
TRACT 06-13, TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE
INTO NINE (9) SINGLE-FAMILY RESIDENTIAL LOTS AND ONE
(1) COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD
AND GUEST PARKING - NAP A PLACE, LP.
Councilmember Castaneda seconded the motion, and it carried 4-1, with Deputy
Mayor Rindone voting no.
Mayor Cox asked that a condition be added whereby the applicant would not provide a
permanent structure at the end of Corte Helena. Staff and the applicant concurred with the
request.
At 8:19 pm, Mayor Cox announced a recess. The meeting reconvened at 8:25 p.m. with all
members present.
16. CONSIDERATION OF THE ESTABLISHMENT OF AN ABANDONED
RESIDENTIAL PROPERTY REGISTRATION PROGRAM AND FEE IN THE
MASTER FEE SCHEDULE TO COVER THE COST OF ADMINISTERING SUCH A
PROGRAM
Adoption of an abandoned residential property registration program is a means of
ensuring that residential neighborhoods are spared the negative impacts associated with
abandoned residential properties. The proposed ordinance requires lenders who own or
are responsible for abandoned homes in Chula Vista to pay a fee to register those homes
with the City's Code Enforcement Section and to retain the services of a local property
management company. Registration would facilitate periodic monitoring by Code
Enforcement staff and provide a mechanism for staff and neighbors to alert the local
property management company of the need to take action to maintain the property. A fee
of $70 per property would be charged as a means of recovering the cost of administering
the program. (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 Cox opened the public hearing. There being no members of the public who wished to
speak, she continued the hearing to the meeting of July 17, 2007, at the request of the City
Attorney.
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PUBLIC HEARINGS (Continued)
17. CONSIDERATION OF AMENDMENT TO MASTER FEE SCHEDULE CHAPTER VI
(A) REGARDING ALARMS
The Police Department operates the alarm program, which entails perrmttmg both
residences and businesses when they install a burglar alarm system and responding to
alarm activations. Alarm calls for service are categorized as a Priority II response
(urgent); and 99% of all alarm calls for service are false alarms. They are a considerable
utilization of patrol response services. The department collects both permit fees and false
alarm penalty fees to help offset the cost of administering the program. Adoption of the
resolution amends the master fee schedule to increase the police alarm program permit
fees and alarm penalties. (Police Chief)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Police Chief Emerson presented the proposed master fee schedule revisions.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, she closed the pub lic hearing.
Councilmember Ramirez asked staff to look for a more creative approach to the fee structure in
order to achieve full cost recovery.
Councilmember McCann spoke of the need for community outreach and education on the
consequences and penalties associated with false alarms. He also expressed concern about the
proposed level of alarm fee increases, stating he would like to see fees remain low in Chula
Vista.
Councilmember Castaneda suggested that the Public Safety Committee revIew what other
agencies are doing regarding compliance and permitting.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-177, heading
read, text waived:
RESOLUTION NO. 2007-177, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER
VI (A) ALARMS OF THE CITY OF CHULA VISTA MASTER FEE
SCHEDULE
Councilmember Ramirez seconded the motion, and it carried 4-1, with
Councilmember McCarm voting no.
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ACTION ITEMS
18. CONSIDERATION OF AUTHORIZING SUBMITTAL OF A SUSTAINABLE
COMMUNITIES GRANT APPLICATION; ACCEPTING THE GRANT, IF
AWARDED; AND COMMITTING MATCHING FUNDS TO CONDUCT
COMMUNITY-BASED LAND USE PLANNING IN SOUTHWEST CHULA VISTA
The grant funding would be used to help implement the General Plan update and the
Redevelopment Agency's five-year implementation plan for the southwest area of the
City. The proposed project would flesh out the general planning directives in advance of
specific planning. Available grant funding would support initial efforts to bring together
residents, businesses, property owners, and other key stakeholders from southwestern
Chula Vista to establish the community's priorities. (Acting Community Development
Director/Planning and Building Director)
Development Planning Improvement Manager Lytle presented the grant application.
ACTION:
Mayor Cox moved to adopt Resolution No. 2007-178, heading read, text waived:
RESOLUTION NO. 2007-178, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE
APPLICATION AND, IF AWARDED, ACCEPTANCE OF A
SUSTAINABLE COMMUNITIES GRANT FOR FUNDS TO
CONDUCT COMMUNITY-BASED LAND USE PLANNING IN
SOUTHWEST CHULA VISTA, AND CERTIFYING THE
COMMITMENT OF MATCHING FUNDS THEREFOR
Deputy Mayor Rindone seconded the motion, and it carried 5-0.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
There were none.
20. MAYOR'S REPORTS
Mayor Cox announced that Items 20A, B and C would be acted upon by one motion.
A. Consideration of ratification of the appointment of Marissa Flores to the Human
Relations Commission.
B. Consideration of ratification of the appointment of Rufino "Pie" Roque to the
International Friendship Commission.
C. Consideration of ratification of reappointments to the following boards and
commissions:
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DRAFT
OTHER BUSINESS (Continued)
. Board of Ethics: Todd Glanz, Dr. Chris Searles, Felicia Starr
. Board of Library Trustees: Georgie Stillman
. Child Care Commission: Tracey Abston
. Civil Service Commission: James Floros
. Commission on Aging: Sonny Chandler
. Cultural Arts Commission: Todd Voorhees
. Housing Advisory Commission: Dina Chavez
. International Friendship Commission: Rebecca Leister
. Planning Commission: Joanne Clayton, William Tripp
. Resource Conservation Commission: Brett Davis
. Veterans Advisory Commission: Terry Jensen
. Youth Advisory Commission: Elizabeth Vargas
ACTION:
Mayor Cox moved to ratify the appointments and re-appointments of all
commissioners as stated. Councilmember Castaneda seconded the motion, and it
carried 5-0.
D. Presentation of Independent Financial Review with addendum responding to
Council comments by Walter Kieser, Economic & Planning Systems.
Mr. Kieser presented a summary of actions and priorities from the Independent Financial
Review.
Councilmernber Ramirez discussed his reactions to Mr. Kieser's recommended priorities and
requested that "or potential for greater revenue or offset" be added to the sentence in item 17 of
the staff report. He also asked the Council to consider in the future the importance of retail
development in the redeveloped urban core.
Deputy Mayor Rindone asked Mr. Kieser the purpose of a recommendation to include outside
assistance on an audit committee. Mr. Kieser responded that such a committee would bring a
fresh look at issues and give the Council additional perspectives on risks and issues.
Councilmember Castaneda suggested that Mr. Kieser participate in the August 11, 2007 City
Council retreat to assist the Council in dealing with the matters presented.
No action was taken on this item.
E. Consideration of appointment of a voting delegate and alternate for 2007 League
of California Cities' annual conference to be held Wednesday, September 5
through Saturday, September 8, 2007 in Sacramento.
It was the consensus of the Council to select Mayor Cox as voting delegate.
ACTION:
Councilmember McCann moved to nominate Deputy Mayor Rindone as the
alternate voting delegate. Councilmember Ramirez seconded the motion, and it
carried 5-0.
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OTHER BUSINESS (Continued)
F. Consideration of process for interviews of applicants for the Chula Vista
Redevelopment Corporation, to be conducted Wednesday, July 11, 2007, in the
Executive Conference Room.
Mayor Cox discussed the proposed schedule for the interviews, noting that a subsequent meeting
was scheduled for July 12, 2007 at 6:00 p.m., should it be necessary. Additionally, Mayor Cox
announced that a meeting was scheduled for July 23, 2007, to interview three applicants who
were unavailable for the prior meetings but who would be interviewed in the event that the
Council had not filled the vacancies.
Deputy Mayor Rindone and Councilmember McCann spoke in support of limiting membership
to seven.
21. COUNCIL COMMENTS
Councilmember McCann congratulated and thanked the Chamber of Commerce for hosting the
recent Celebrate Chula Vista event.
Councilmember Castaneda stated that he attended services for Sgt. Michael Martinez, a Chula
Vista native, who lost his life in the Iraq war. He extended his condolences on behalf of the
Council to the Martinez family.
Councilmember Castaneda then spoke about recent events and stated that he was here to do the
job he had been elected to do and would continue to do so. He stated that the Council must work
hard to look at options and opportunities for the future of the bayfront and not settle. He
commented on his diligent efforts to remove the powerplant from the bayfront on schedule and
to return the land to the public. Further, stated that he would continue his work on energy policy,
address childhood obesity, and work hard to ensure viable growth for residents in southwest
Chula Vista.
Councilmember Ramirez stated that he also attended the memorial service for Sgt. Martinez and
expressed his condolences to the Martinez family. He then expressed the need for the City to
continue to explore any options and opportunities with Gaylord, and to push hard to bring both
sides together.
CLOSED SESSION
Mayor Cox recessed the meeting to Closed Session at 10:33 p.m.
22 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
1. Deanna Mory, et al. v. Chula Vista Police Department, et aI., United States
District Court, Case No. 06-CV-1460 JAH-BLM
No reportable action was taken on this item.
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CLOSED SESSION (Continued)
2. Deanna Morv. et al. v. Chula Vista Police Department. et aI., United States
District Court, Case No. 07-CV-0462-TW-JMA
No reportable action was taken on this item.
3.
Josefina Ouinones v. Citv of Chula Vist<!, San Diego Superior Court Case No.
GIS27267
ACTION:
It was the consensus of the Council to approve a settlement.
23. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Three cases
No reportable action was taken on this item.
ADJOURNMENT
At II: 13 p.m., Mayor Cox adjourned the meeting in memory of Sgt. Martinez to an adjourned
regular meeting on Wednesday, July II, 2007, at 6:00 p.m. in the Council Chambers, to conduct
interviews of applicants for positions on the Chula Vista Redevelopment Corporation board; and
thence to the Regular Meeting of July 17, 2007, at 6:00 p.m. in the Council Cham~
.-/
Lorraine Bennett, CMC, Deputy City Clerk
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MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 11, 2007
6:00 p.m.
An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 6:03 p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
CYRC Directors: Desrochers, Lewis, Paul, and Rooney
ABSENT:
Councilmembers: None
CVRC Directors: None
ALSO PRESENT: City Manager Garcia, Deputy City Attorney Shirey, Redevelopment
Manager Crockett, and Chief of Staff Forster
ACTION ITEM
INTERVIEWS OF APPLICANTS FOR POSITIONS ON THE BOARD OF THE
CHULA VISTA REDEVELOPMENT CORPORATION
Chula Vista Redevelopment Corporation (CYRC) applicants Patti Finnegan, Art Garcia, Carl
Harry, Ricardo Macias, Jr., Hector Reyes, Salvador Salas, Jr., Rudy Gonzales, Edalia Olivo-
Gomez, Robert Saucedo, Ben West, and Todd Glanz presented their qualifications for a seat on
the CYRC Board of Directors.
At approximately 9:05 p.m., Mayor Cox opened discussions among the City Council and CVRC
Directors, stating that the entire CYRC could participate in the initial discussions on the CYRC
candidates, however, once a motion was made, only the City Council could deliberate and vote
for a new CVRC Board Member.
During the first round of review, applicants Todd Glanz, Edalia Olivo-Gomez, Ben West and
Ricardo Macias, Jr. were removed from further consideration.
Council member Ramirez stated that he would like to see a comparison between the voting
members and independent members (i.e., Directors) of the CYRC.
The Mayor invited public comment at this time.
/;1 !
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ACTION ITEM (continued)
Pamela Bensoussan, Chula Vista resident, spoke in support ofMr. Saucedo and commented that
the independent directors had also singled out Mr. Saucedo. Ms. Bensoussan also stated that she
favored Mr. Munos and Mr. Thomson, even though they did not interview, and that she did not
prefer Mr. Harry because real estate experience was already represented on the Board.
No one else from the public spoke on this item, and the Council and CYRC Directors continued
their discussions.
Council Member Castaneda stated he preferred Mr. Garcia because of his education experience,
Mr. Gonzales because of his urban planning experience, and Mr. Reyes because of his
architectural experience. Council Member Castaneda also stated a preference for Mr. Saucedo.
Board Member Desrochers suggested that another round of review be conducted.
Deputy Mayor Rindone stated he wanted to select one new board member tonight and then two
more after further interviews. Council Members McCann and Ramirez agreed with Deputy
Mayor Rindone.
During the second round of review, applicants Patti Finnegan, Art Garcia and Robert Saucedo
were removed from further consideration.
Board Member Rooney stated he preferred Mr. Reyes because of his skills, enthusiasm,
understanding and creative ideas. He favored Mr. Salas, as well.
Board Member Desrochers stated he preferred Mr. Salas because of his private sector experience
and his work as chair of the San Diego Housing Commission.
Board Member Lewis stated he preferred Mr. Reyes with Mr. Salas as a strong second. Because
of Mr. Salas' redevelopment expertise, ifhe had one choice, it would be for Mr. Salas.
Board Member Paul stated his first choice would be Mr. Salas because of his redevelopment and
housing experience, and that his second choice would be Mr. Gonzales.
Mayor Cox stated that Council-only discussion would commence at this point.
Deputy Mayor Rindone favored Mr. Reyes and Mr. Salas as the top two candidates and
suggested that they be selected. Council Member Ramirez agreed with Deputy Mayor Rindone's
suggested approach.
ACTION:
Deputy Mayor Rindone moved to appoint Hector Reyes as a Board Member of
the CYRC. Councilmember Castaneda seconded the motion, and it carried 5-0.
ACTION:
Deputy Mayor Rindone moved to appoint Salvador Salas, Jr. as a Board Member
of the CYRe. Councilmember McCann seconded the motion, and it carried 5-0.
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PUBLIC COMMENTS
There were none.
ADJOURNMENT:
At 10:31 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of July 17, 2007, at
6:00 p.m. in the Council Chambers.
.~
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DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 12, 2007
6:00 p.m.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:04
p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLLCALL:
PRESENT: Councilmembers: Castaneda (arrived at 6:17 p.m.), McCann, Ramirez,
Rindone, and Mayor Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, Acting Assistant City Manager/City Engineer
Tulloch, and Senior Assistant City Attorney Marshall
ACTION ITEM
1. INTERVIEWS OF APPLICANTS FOR POSITIONS ON THE BOARD OF THE
CHULA VISTA REDEVELOPMENT CORPORATION
Mayor Cox announced that the interviews had been completed at the meeting of July 11 tho There
was no discussion and no action on this item.
CLOSED SESSION
At 6:05 p.m., Mayor Cox convened Closed Session.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Manager
No reportable action was taken on this item.
ADJOURNMENT
At 8:03 p.m., Mayor Cox adjourned the meeting to the regular meeting of July 17, 2007 at 6:00
p.m. in the Council Chambers.
e Peoples, MMC, Senior D puty City Clerk
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DRAFT
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A SPECIAL MEETING OF THE HOUSING AUTHORITY
OF THE CITY OF CHULA VISTA
July 17, 2007
6:00 P.M.
An Adjourned Regular Meeting of the City Council and a Special Meeting of the Housing
Authority of the City of Chula Vista were called to order at 6:08 p.m. in the Council Chambers,
located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Council/Authoritymembers Castaneda, McCann, Ramirez, and
Mayor/Chair Cox
ABSENT: Council/Authoritymembers: Rindone (excused)
ALSO PRESENT: Executive Director/City Manager Garcia, Authority/Senior
Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy
City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE
Marissa Flores, Human Relations Commission
Rufino "Pie" Roque, International Friendship Commission
City Clerk Bigelow administered the oaths of office to Mr. Roque and Ms. Flores, and
Councilmember McCann presented them with certificates of appointment.
Mayor Cox invited the public to attend the upcoming ice cream social on August 18, 2007, from
2:00 p.m. to 5:00 p.m., at the Dickinson Boal historical home. The tickets, available from the
Mayor's Office, cost $25 dollars per person.
. INTRODUCTION OF OFFICER JOHNATHAN DEERING BY POLICE CHIEF
EMERSON
Police Chief Emerson introduced Officer Deering, a recent Police Academy graduate.
CITY COUNCIL CONSENT CALENDAR
(Items 1 through 10)
Mayor Cox announced that Item 5 would be removed for discussion at the request of a member
of the public; Item 7 would be continued to the meeting of July 24,2007; and Item 10 would be
pulled for discussion at the request of Councilmember Ramirez.
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DRAFT
1. APPROVAL OF MINUTES of the May 15,2007 Special Meeting of the City Council,
the May IS, 2007 Regular Meeting of the City Council, and the May IS, 2007 Adjourned
Regular Meeting of the City Council and Special Meeting of the Redevelopment Agency.
Staffrecommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter ofresignation from Tiffany Vinson, member of the Cultural Arts Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2007-179, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A MASTER COMMUNICATIONS SITE
LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR THE
INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS
TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR
FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO
ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION
TO RENEW FOR AS MANY AS FIVE ADDITIONAL 5- YEAR TERMS, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolution establishes a master communications site license agreement
between the City and the New Cingular Wireless PCS, LLC for the installation of as
many as 25 wireless telephone facilities on property owned or controlled by the City.
The agreement includes mutually beneficial and agreed-upon terms that are consistent
with those provided by other wireless carriers. (Conservation and Environmental
Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2007-180, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PLAN AND SCHEDULE FOR THE
PREPARATION OF A SEWER SYSTEM MANAGEMENT PLAN FOR THE CITY
OF CHULA VISTA IN ACCORDANCE WITH THE STATE WATER RESOURCES
CONTROL BOARD WASTEWATER DISCHARGE REQUIREMENTS ORDER
#2006-0003-DWQ
The state Water Resources Control Board adopted new wastewater discharge
requirements in May of 2006. The order mandated that all federal and state agencies,
municipalities, counties, districts, and other public entities that own or operate sanitary
sewer systems greater than one mile in length, and that collect and/or convey untreated or
partially treated wastewater to a publicly-owned treatment facility in the state, develop
and implement a system-specific sewer system management plan (SSMP). Further
clarification of the terms now require all agencies to obtain their governing board's
approval of the SSMP development plan and schedule and [mal SSMP prior to
certification as complete and in compliance. (Acting Assistant City Manager/City
Engineer)
Staff recommendation: Council adopt the resolution.
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DRAFT
CONSENT CALENDAR (Continued)
5. This item was removed from the Consent Calendar for discussion.
6. RESOLUTION NO. 2007-183, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO
BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT
POWERS AUTHORITY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
FINALIZE THE TERMS OF THE lP A AGREEMENT; AUTHORIZING THE MAYOR
TO EXECUTE THE THIRD AMENDMENT TO THE JOINT EXERCISE OF
POWERS AGREEMENT METRO W ASTEW ATER JP A ADDING CHULA VISTA AS
A PARTICIPATING AGENCY; APPOINTING THE MAYOR TO THE BOARD OF
DIRECTORS OF THE METRO WASTEWATER JPA; APPOINTING
COUNCILMEMBER CASTANEDA AS THE ALTERNATE ON THE BOARD OF
DIRECTORS OF THE METRO WASTEWATER JP A; AND APPOINTING THE CITY
MANAGER OR DESIGNEE AS THE SECOND ALTERNATE ON THE BOARD OF
DIRECTORS OF THE METRO WASTEWATER JP A
Currently, Chula Vista holds membership alongside 14 other participating agencies in the
Metro Commission as part of an agreement with the City of San Diego to give members a
means of providing input on discussions related to the operation and maintenance of the
Metropolitan Sewerage System. In 2000, some of the members elected to form a joint
powers authority (JP A) to enable them to have an alternative financing mechanism to
fund their cost of the Metro expenditures, should a situation arise in which San Diego
was unable to secure financing for both the members and San Diego. At that time, the
Chula Vista elected not to join the lP A, but for various reasons, staff now recommends
that the Council reconsider and join the JPA. (Acting Assistant City Manager/City
Engineer)
Staff recommendation: Council adopt the resolution.
7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR
200712008 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1,
98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2,07-1, 08-1, 08-M, 09-M, II-M, 12-1, 12-
M, 13-1, AND 13-M, AND DELEGATING TO THE CITY MANAGER THE
AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR
2007/2008 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M, AND
DELEGATING TO THE CITY MANAGER, THE AUTHORITY TO ESTABLISH THE
SPECIAL TAX FOR EACH DISTRICT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY APPROPRIATING
$432,486 FROM COMMUNITY FACILITIES DISTRICT 12-M FUNDS (4/5THS
VOTE REQUIRED)
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CONSENT CALENDAR (Continued)
Twenty-one community facilities districts were formed during fiscal years 1998 through
2006. Each year, a special tax must be levied in each of the districts to pay for the
maintenance of open space and preserve areas and maintenance of other public facilities,
or to repay bondholders. Adoption of the resolutions authorize the levy of maximum
special taxes. (Acting Assistant City Manager/City Engineer)
Staff recommendation: Council continue the item to July 24,2007.
8. A. RESOLUTION NO. 2007-184, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRICT FOR FIRST AVENUE (NAPLES
STREET TO PALOMAR STREET) FOR THE PURPOSE OF FINANCING THE
CONSTRUCTION OF STREET IMPROVEMENTS
B. RESOLUTION NO. 2007-185, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED
BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE)
C. RESOLUTION NO. 2007-186, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE INSTALLATION OF CERTAIN
IMPROVEMENTS ON FIRST AVENUE (NAPLES STREET TO PALOMAR
STREET), APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING
THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE
INITIATION OF BALLOT PROCEDURES
Residential properties along First Avenue, between Naples Street and Palomar Street, are
currently without curbs, gutters, or sidewalks. Fifty of the 59 property owners have
signed a petition requesting that special assessment district proceedings be commenced
for the purpose of financing the construction of these improvements. Staff has completed
preliminary design and cost estimates for this project. (General Services Director)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION NO. 2007-187, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
MEMORANDUM OF UNDERSTANDING
The Council approved a memorandum of understanding (MOU) regarding compliance
with the National Pollutant Discharge Elimination System (NPDES) regulations in
January 2002. The MOU was entered into to implement regional activities required by
the NPDES municipal storm water permit issued by the Regional Water Quality Control
Board (RWQCB) in February of 2001. On January 24, 2007, the RWQCB reissued the
permit to incorporate additional requirements. Adoption of the resolution approves the
first amendment to the MOU to address the requirements ofthe re-issued permit. (Public
Works Operations Director)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
10. This item was removed from the Consent Calendar for discussion.
ACTION:
Councilmember McCann moved to continue Item 7 to July 24, 2007 and approve
staffs recommendations; and he offered Consent Calendar Items 1 through 4,6,8
and 9, headings read, texts waived. Counci1member Castaneda seconded the
motion, and it carried 4-0.
HOUSING AUTHORITY CONSENT CALENDAR
11. RESOLUTION NO. 2007-034, RESOLUTION OF THE HOUSING AUTHORITY OF
THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX
EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE
LANDINGS AFFORDABLE APARTMENTS
The City has received a request from Chelsea Investment Corporation to consider the
issuance of tax-exempt obligations to develop 92 affordable units known as "The
Landings." The developer is in the process of preparing an application for an allocation
of tax credits and private activity bonds for multi-family projects from the California
Debt Limit Allocation Committee, and is requesting that the Chula Vista Housing
Authority be the vehicle for applying for an aggregate amount not to exceed $17.5
million. Adoption of the resolution expresses the Housing Authority's preliminary
intention to issue bonds. (Acting Community Development Director)
Staff recommendation: Authority Members adopt the resolution.
ACTION:
Housing Authority Member Castaneda moved to adopt Housing Authority
Resolution 2007-034, heading read, text waived. Chair Cox seconded the motion,
and it carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. A. RESOLUTION NO. 2007-181, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REFUND OF $1.8 MILLION IN THE
FORM OF TOLL CREDITS, PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 66001, ON A PRORATED BASIS TO THE CURRENT RECORD OWNERS
OF PROPERTY FROM WHICH THE INTERIM SR-125 DEVELOPMENT IMPACT
FEES WERE COLLECTED
B. RESOLUTION NO. 2007-182, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A TRANSFER OF $1.8 MILLION FROM
THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND (TDIF) TO AN
INTEREST EARNING DEPOSIT ACCOUNT TITLED - SR125 DIF REFUNDS, AND
ALLOW FOR THE EXPENDITURE OF THE FUNDS IN A MANNER CONSISTENT
WITH THE RESOLUTION (4/5THS VOTE REQUIRED)
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July 17, 2007
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DRAFT
CONSENT CALENDAR (Continued)
California Government Code Section 66001 (e) provides that excess development impact
fees collected shall be refunded to the then current record owner of the lots or units, as
identified on the last equalized assessment roll, on a prorated basis with any interest
accrued thereon. Staff has identified fees in an amount of $1.8 million of combined
principal and interest that remain after proj ect allocations, and requests that the Council
consider the method of refunding the excess development impact fees, determine whether
the method of refunding the fees recommended by staff is reasonable, and authorize the
Finance Department to allocate and disburse the fees accordingly. (Acting Assistant City
Manager/City Engineer)
Staff recommendation: Council adopt the resolutions.
Deputy Director of Engineering Browder reported that Resolution Nos. 2007-181 and 2007-182
would be revised to include the following text: "No Councilmember who is also a property
owner in the area receiving the DIF refund shall receive such refund or participate in the refund
program described in the City Council agenda statement."
David Krogh stated that the interim pre-SR-125 DIF fund originally reflected a total of $15
million. Over the past four years, money was left over, but the segregated fund was discontinued
and not publicly reported annually. The money was co-mingled in a segregated fund with
general TDIF funds. An amount of only $2 million in excess development impact fees is
proposed to be refunded. He asked the Council to reconsider the course of action initiated by
former Mayor Padilla and former City Manager Rowlands in order to comply with state law. He
stated that he also looked forward to receiving the additional information he requested in writing
from the City Attorney's Office.
Deputy City Attorney Miller addressed the concerns raised by Mr. Krogh and stated that the fees
were being used for the proper purpose, and the time period for challenging the use of the fees
had long expired.
Councilmember Castaneda requested assurance that reimbursements would be paid only to those
residents who paid into the fund. Deputy City Attorney Miller responded affirmatively,
explaining that a trust was being created in the names of all the individuals who own the
properties, with exact dollar amounts, and the funding would only benefit those residents.
ACTION:
Councilmember McCann moved to adopt Resolution Nos. 2007-181 and 2007-
182, headings read, texts waived. Councilmember Castaneda seconded the
motion, and it carried 4-0.
10. RESOLUTION NO. 2007-188, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES,
INCORPORATED FOR TURN- KEY HOUSEHOLD HAZARDOUS WASTE AND
CONDITIONALLY EXEMPTING SMALL QUANTITY GENERATOR WASTE
MANAGEMENT SERVICES
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DRAFT
CONSENT CALENDAR (Continued)
In April 2007, the City released a request for proposals to provide household hazardous
waste and conditionally exempt small quantity generator waste management services.
The evaluation committee selected Clean Harbors Environmental Services, Incorporated
as the responsive bidder for a two-year contract, with three, one-year extensions.
(General Services Director)
Staff recommendation: Council adopt the resolution.
Councilmember Ramirez questioned the effectiveness of the program's proposed $5 co-pay.
Director of General Services Griffin replied that this was an evolving area of the recycling
market. Once the situation stabilizes, staff will have the ability to analyze whether the proposed
co-pay will provide the anticipated benefits. Councilmember Ramirez asked staff to look for
creative ways to evaluate the effectiveness of the hazardous waste program. Director Griffin
responded that staff would be providing more outreach in terms of special events throughout the
City, and would be working with the contractor to develop and improve the program.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-188, heading
read, text waived. Mayor Cox seconded the motion, and it carried 4-0.
PUBLIC COMMENTS
Peter Watry spoke in support of the City's sign ordinances except with regard to legitimate,
temporary open house signs, which he believed should be permitted in City parkways. He
encouraged the Council to take immediate steps to permit the signs with the stipulations that they
be removed by 5:15 p.m. and that the address of the open house be specified on every posted sign.
Kevin O'Neill concurred with the comments by Mr. Watry. He then talked about the perversion
of federal and state environmental laws by some groups to exact concessions and cash from
projects. He asked the Council to place the matter on a future agenda and refer it to staff to
determine an approach the City could take to protect projects within the City's boundaries.
Parks Pemberton reported neighborhood concerns about coyotes entering residential areas and
destroying domestic pets. He then thanked the Council for supporting the Tower Motel project
to accommodate the needs of low-income residents. He encouraged the Council to add similar
projects and include mobilehomes on the east side of the City. With reference to condominium
conversion projects, he believed that the responsible parties should be required to perform the
conversion project within a specific timeframe in order for the City to maintain accurate statistics
on available rental space. Mayor Cox asked staff to contact Mr. Pemberton on the matters.
PUBLIC HEARINGS
Item No. 14 was taken out of order and actually considered at this time.
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DRAFT
PUBLIC HEARINGS (Continued)
12. CONSIDERATION OF APPROVAL FOR THE FIRE PREVENTION FEE
AMENDMENTS
The Fire Department completed a review of its current fee structure. The proposed
changes to the master fee schedule include both updates to existing fees and the
implementation of new fees. Fees were previously updated in August 2004. Adoption of
the resolution approves the proposed fees, based upon full- cost recovery. (Fire Chief)
Staffrecommendation: Council cancel the public hearing.
Mayor Cox announced that Item 12 was cancelled at the request of staff. No action was taken by
the Council.
13. CONSIDERATION OF APPLICATION PCS 05-06 FOR THE PROPOSED
CONVERSION OF AN EXISTING 124-UNIT APARTMENT COMPLEX TO 124
CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 307 ORANGE
AVENUE - WGA ORANGE AVENUE, L.P.
The applicant proposes to convert an existing 124-unit apartment complex into 124
condominium units. (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.
Councilmember Ramirez stated that he would recuse himself from discussing and voting on the
matter due to the proximity of property that he owns to the project. He then left the Chambers.
Associate Planner Steichen presented the proposed project, and Housing Manager Mills
addressed the affordable housing component.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, she closed the public hearing.
Councilmember Castaneda asked how the applicant proposed to avoid parking issues in the
neighborhood. Rebeca Ayyad, representing United Development Group, responded that there
would be one assigned parking space per unit and additional parking allocated for guests.
Mayor Cox asked the applicant about the types of energy efficiencies that would be incorporated
into the project. Ms. Ayyad replied that they would be looking at installing energy-efficient
lighting and appliances and drought-tolerant vegetation.
ACTION:
Councilmember McCann moved to adopt Resolution Nos. 2007-189 and 2007-
190, headings read, texts waived:
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July 17, 2007
DRAFT
PUBLIC HEARINGS (Continued)
A. RESOLUTION NO. 2007-189, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION
MAP TO DIVIDE INTEREST IN 3.48 ACRES AT 307 ORANGE
AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 124
RESIDENTIAL UNITS, AND APPROVING CONCESSIONS
PURSUANT TO THE DENSITY BONUS LAW FOR THE
REDUCTION IN CERTAIN DEVELOPMENT STANDARDS
B. RESOLUTION NO. 2007-190, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY AND
WGA ORANGE, L.P., ESTABLISHING CONDITIONS OF 41
AFFORDABLE UNITS FOR MODERATE INCOME HOUSEHOLDS
AT 307 ORANGE AVENUE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
Councilmember Castaneda seconded the motion, and it carried 3-0-1, with
Councilmember Ramirez abstaining.
Councilmember Ramirez returned to the dais at 8:15 p.m.
14. CONSIDERATION OF APPLICATIONS FILED BY ST. ROSE OF LIMA CATHOLIC
PARISH FOR 3.9 ACRES LOCATED AT THE NORTHEAST CORNER OF THIRD
AVENUE AND H STREET TO MODIFY ZONING TO ESTABLISH A PRECISE
PLAN FOR THE UNDERLYING APARTMENT RESIDENTIAL ZONE, AND
PRECISE PLAN STANDARDS FOR THE PROPERTY AND CONDITIONAL USE
PERMIT FOR THE RENOVATION AND EXPANSION OF AN EXISTING CHURCH
CAMPUS
The applicant requested a phased renovation and expansion of the church campus in
order to upgrade existing facilities and provide for anticipated growth. The request
included a zoning modification to allow the establishment of a precise plan modifying
district and special development standards for the unique landmark quality urban setting
of this project, and a conditional use permit to allow for the proposed church renovation.
(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.
Planning and Building Director Sandoval provided an overview of the proposed project, and
Associate Planner Steichen presented the proposed precise plan.
Mayor Cox opened the public hearing.
Father John Dolan, representing St. Rose of Lima, stated that the proposed conditional use
permit would expand the facilities to meet the needs of the growing parish community and
contribute to the enhancement of the downtown area. Deacon Greg Smyth and David Pfeifer,
representing Dominy + Associates Architects, gave presentations on the proposed project.
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DRAFT
PUBLIC HEARINGS (Continued)
Phillip Gaughan, representing St. Rose of Lima, reviewed the inadequacies of the current
facilities and stated that it was the dream of the parish to support the elements of education,
meeting hall, and church to meet the needs of the ever-growing parish community.
The following members of the public submitted speaker cards registering support for the project
but did not wish to speak:
Bonnie Miranda
Patricia Piccone
Nancy Roth
Edward Stoyack, Sr.
Chris Elwood
Maria Tollefson
Patricia Favela
Shirley Stoyack
Jillayne Salmon
Ofelia Elwood
There being no one else in the audience wishing to speak, Mayor Cox closed the public hearing.
ACTION:
Mayor Cox moved to place the following ordinance on first reading and adopt
Resolution No. 2007-191, headings read, texts waived:
A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING
MITIGATED NEGATNE DECLARATION AND MITIGATION
MONITORING PROGRAM IS-06-013, AMENDING ZONING MAP
OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE
SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN
MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS
FOR 3.9 ACRES AT THE NORTHEAST CORNER OF THIRD
AVENUE AND "H" STREET, CURRENTLY ZONED R-3
APARTMENT RESIDENTIAL (FIRST READING)
B. RESOLUTION NO. 2007-191, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING
CONDITIONAL USE PERMIT TO ALLOW THE RENOVATION AND
EXPANSION OF AN EXISTING CHURCH/SCHOOL FACILITY
KNOWN AS ST. ROSE OF LIMA CATHOLIC PARISH, LOCATED
AT THE NORTHEAST CORNER OF THIRD AVENUE AND "H"
STREET
Councihnembr Castaneda seconded the motion, and it carried 4-0.
At 7:39 p.m., Mayor Cox announced a recess. The meeting reconvened at 7:48 p.m., with all
members except Deputy Mayor Rindone present.
15. CONSIDERATION OF THE ESTABLISHMENT OF AN ABANDONED
RESIDENTIAL PROPERTY REGISTRATION PROGRAM AND FEE IN THE
MASTER FEE SCHEDULE TO COVER THE COST OF ADMINISTERING SUCH A
PROGRAM
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DRAFT
PUBLIC HEARINGS (Continued)
Adoption of an abandoned residential property registration program is a means of
ensuring that residential neighborhoods are spared the negative impacts associated with
abandoned residential properties. The proposed ordinance requires lenders who own or
are responsible for abandoned homes in Chula Vista to pay a fee to register those homes
with the City's Code Enforcement Section and to retain the services of a local property
management company. Registration would facilitate periodic monitoring by Code
Enforcement staff and provide a mechanism for staff and neighbors to alert the local
property management company of the need to take action to maintain the property. A fee
of $70 per property would be charged as a means of recovering the cost of administering
the program. (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.
Assistant Director of Planning and Building Remp and Code Enforcement Manager Leper
presented the proposed program.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Mayor Cox asked staff if other cities had similar ordinances and about outreach efforts to real
estate agents and property managers. Assistant Director Remp responded that Los Angeles, San
Jose, and San Diego have implemented this type of program; and the Board of Appeals and
Advisors unanimously approved the proposed program. Code Enforcement Manager Leper
stated that he had interacted with major lenders and the national associations that deal with
financially distressed properties.
Councilmember McCann asked the number of abandoned properties in the City last year and
about the mechanism the City would use to ensure that foreclosed properties would be registered.
Assistant Director Remp replied that there were approximately 22 properties in default or
foreclosure in the City. Code Enforcement Manager Leper replied that enforcement mechanisms
would be applied through the City's Municipal Code.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-192 and to place
the Ordinance on first reading, headings read, texts waived:
A. RESOLUTION NO. 2007-192, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER
X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE
B. ORDINANCE OF THE CITY OF CHULA VISTA REQUIRING THE
REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES
(FIRST READING)
Councilmember Ramirez seconded the motion, and it carried 3-0-1 with Councilmember
McCann voting no.
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DRAFT
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
There were none.
17. MAYOR'S REPORTS
A.
Consideration of ratification of the appointment of Maria Zadorozny to the
Human Relations Commission.
B.
Consideration of the reappointment of Cesar Padilla to the Mobilehome Rent
Review Commission.
ACTION:
Councilmember McCarm moved to ratify the appointment of Maria Zadorozny to
the Human Relations Commission and the reappointment of Cesar Padilla to the
Mobilehome Rent Review Commission. Councilmember Castaneda seconded the
motion, and it carried 4-0.
18. COUNCIL COMMENTS
With reference to Item 12, Councilmember McCann stated that the City should strive to keep
fees lower, and he asked staff to schedule a discussion at the next Council budget workshop on
full-cost recovery. Councilmember McCarm also stated he attended the recent Borders grand
opening, and he thanked staff for efforts to bring the bookstore to the City.
At 8:57 p.m., Mayor Cox recessed the meeting to Closed Session.
CLOSED SESSION
19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Two Cases
These items were not discussed, and no action was taken.
ADJOURNMENT
At 9:10 p.m., Mayor Cox adjourned the Council to an adjourned regular meeting on July 23,
2007, at 7:00 p.m. in the Executive Conference Room, and thence to the special meeting of July
24,2007, at 6:00 p.m. in the Council Chambers; and the Housing Authority until further notice.
---7...
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DRAFT
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 23,2007
7:00 p.m.
An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 7:03 p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
CYRC Directors: Lewis, and Paul
ABSENT:
Councilmembers: None
CYRC Directors: Desrochers, and Rooney
ALSO PRESENT: City Manager Garcia, Senior Assistant City Attorney Marshall, and Chief
of Staff Forster
ACTION ITEM
INTERVIEWS OF APPLICANTS FOR POSITIONS ON THE BOARD OF THE
CHULA VISTA REDEVELOPMENT CORPORATION
Chula Vista Redevelopment Corporation (CVRC) applicants Brady Foley and Rafael Munoz
presented their qualifications for a seat on the CVRC Board of Directors. It was noted that
Mitchell Thompson was selected for an interview but was unavailable to attend on July 11 or
July 23 due to travel. The Council had also requested that the names of Rudy Gonzales and Carl
Harry be forwarded to this meeting for consideration.
Mayor Cox opened discussions among the Council and CVRC Directors, stating that the entire
CYRC could participate in the initial discussions on the CYRC candidates, however, once a
motion was made, only the City Council could deliberate and vote for a new CYRC Board
Member.
The Mayor opened discussion for public comment on this item. There being no one from the
public wishing to speak on this item, the Council and CYRC Directors continued their
discussions.
ACTION:
Councilmember McCann moved to appoint Rafael Munoz as a Board Member of
the CYRe. Deputy Mayor Rindone seconded the motion, and it carried 5-0.
/F-j
PUBLIC COMMENTS
There were none.
ADJOURNMENT:
At 7:47 p.m., Mayor Cox adjourned the meeting to the Special Meeting of July 24,2007, at 6:00
p.m. in the Council Chambers; and thence to the Adjourned Regular Meeting of August 2, 2007,
at 6:00 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road; and thence to the
Regular Meeting of August 7, 2007, at 4:00 p.m. in the Council Chambers.
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DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 24,2007
6:00 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:00 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Ramirez (arrived at 6:01 p.m.), Rindone
and Mayor Cox
ABSENT: Councilmembers: McCann
ALSO PRESENT: City Manager Garcia, Senior Assistant City Attorney Marshall, City Clerk
Bigelow, and Deputy City Clerk Bennett
CONSENT CALENDAR
(Items 1 and 2)
Deputy Mayor Rindone stated he would abstain from voting on Item I.
1. WRITTEN COMMUNICATION
Memorandum from Deputy Mayor Rindone requesting an excused absence from the
Regular Meeting of July 17, 2007.
Staff recommendation: Council excuse the absence.
2 A. RESOLUTION NO. 2007-193, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2007/2008 WITHIN COMMUNITY FACILITIES
DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-1,
08-1, 08-M, 09-M, II-M, 12-1, 12-M, 13-1, AND 13-M, AND DELEGATING TO THE
CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR
EACH DISTRICT
B. RESOLUTION NO. 2007-194, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 200712008 WITHIN COMMUNITY FACILITIES
DISTRICTS 06-1 AND 07-M, AND DELEGATING TO THE CITY MANAGER, THE
AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT
C. RESOLUTION NO. 2007-195, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY
APPROPRIATING $432,486 FROM COMMUNITY FACILITIES DISTRICT 12-M
FUNDS ((Continued from July 17, 2007)
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DRAFT
CONSENT CALENDAR (Continued)
Twenty-one community facilities districts were formed during fiscal years 1998 through
2006. Each year, a special tax must be levied in each of the districts to pay for the
maintenance of open space and preserve areas and maintenance of other public facilities,
or to repay bondholders. Adoption of the resolutions authorizes the levy of maximum
special taxes. (Acting Assistant City Manager/City Engineer)
Staffrecommendation: Council adopt the resolutions.
ACTION:
Mayor Cox moved to approve staffs recommendations and offered the Consent
Calendar, headings read, texts waived. Councilmember Ramirez seconded the
motion, and it carried 4-0, except on Item 1, which carried 3-0-1 with Deputy
Mayor Rindone abstaining.
PUBLIC HEARINGS
3. CONSIDERATION OF ADOPTION OF THE AB 939 FEE INCREASE ON THE
SOLID WASTE SERVICE RATES FROM 2.5% TO 5% TO FULLY FUND THE
STATE MANDATED WASTE DNERSION AND RECYCLING PROGRAMS AS
PROVIDED FOR UNDER THE WASTE MANAGEMENT ACT (AB 939)
AB 939, known as the Waste Management Act of 1989, requires cities and counties to
divert 50% of the waste going to landfills. AB 939 was an unfunded mandate that
provided for jurisdictions to charge for the programs and services required to meet this
goal. (General Services 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.
General Services Director Griffin reported that at 5 :00 p.m. on this date, the period for filing
written protests to the fee increases expired. Of approximately 55,000 notices mailed to property
owners within the City, staff received six written protests and one letter in favor of the proposed
fee increase.
Mayor Cox opened the public hearing.
Alan Huffman, representing IRE Development, opposed the proposed increase, stating that his
studies showed he was paying twice as much in Chula Vista because of the franchise agreement.
He recommended that the Council vote against the proposed increase.
Gregg King opposed the proposed fee increase. He stated that ratepayers should not pay for
shortfalls and that any additional services should be paid for from the City's general fund. He
commented that the staff report was inconsistent and lacked sufficient detail regarding the
proposed fee increases and improvements. He asked staff if the City received a flat fee from
Allied Waste Services for the right to haul the trash, and if a hazardous material fee was
currently being collected through the hauling fees.
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DRAFT
PUBLIC HEARINGS (Continued)
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Director Griffin responded to Mr. King's questions, stating that the franchise agreement did
contain provisions for a flat fee, and that there was no hazardous material fee.
Deputy Mayor Rindone asked staff what steps were being taken to reach the 50% diversion
threshold. Environmental Services Project Manager France replied that staff would bring back a
proposed construction, demolition, and recycling ordinance that should significantly impact the
diversion numbers. Deputy Mayor Rindone asked if other cities had been penalized under AB
939. Ms. France responded that the cities of Hawthorn and Huntington Park had been penalized.
Deputy Mayor Rindone asked if the City had maintained its used oil recycling program. Ms.
France responded that Chula Vista was the lead agency for the used oil and used oil filter
recycling program.
Councilmember Ramirez asked if the ban on items such as batteries, florescent lamps, and small
electronic devices from municipal landfills was a soft or hard ban. Ms. France replied that there
was no current mechanism to enforce the ban, although staff was working to provide alternative
or convenient disposal options, as well as holding special collection events.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-196, heading
read, text waived:
RESOLUTION NO. 2007-196, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE AB
939 FEE INCREASE FROM 2.5 PERCENT TO 5 PERCENT, APPLIED
TO THE SOLID WASTE SERVICE RATES, TO FULLY FUND THE
STATE MANDATED WASTE DIVERSION AND RECYCLING
PROGRAMS AS PROVIDED FOR UNDER THE WASTE
MANAGEMENT ACT (AB 939)
Councilmember Ramirez seconded the motion, and it carried 4-0, with
Councilmember McCann absent.
4. CONSIDERATION AUTHORIZING THE SOLID WASTE AND RECYCLING
SERVICE RATE ADJUSTMENT FOR 2007-2008 AND SUBSEQUENT RATE
ADJUSTMENTS FOR THE TERM OF THE AMENDED AND RESTATED
RECYCLING AND SOLID WASTE FRANCHISE AGREEMENT
According to the terms and conditions of the City's franchise agreement for solid waste
and recycling services, the contractor is entitled to an annual rate adjustment. The
adjustment formula has very specific limiting factors, which ensure that the ratepayers of
Chula Vista will continue to have some of the lowest rates for service in San Diego
County. (General Services 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.
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July 24, 2007
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DRAFT
PUBLIC HEARINGS (Continued)
General Services Director Griffin reported that at 5:00 p.m. on this date, the period for filing
written protests to the fee increases had expired. Of approximately 55,000 notices mailed to
property owners within the City, staff received six written protests and one letter in favor of the
proposed fee increase.
Mayor Cox opened the public hearing.
Alan Huffman stated his comments were the same as he had made under Item 3.
Gregg King asked the amount of the flat fee collected from Allied Waste. He stated that there
was no reason to increase the fees, since there would be over $2 million available from the
ratepayers via the eight-percent franchise fee and AB 939 to use for any additional programs.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
General Services Director Griffin responded to Mr. King's questions and comments, stating that
the flat fee collected from Allied Waste was in excess of $700,000. Environmental Services
Program Manager France clarified that the AB 939 landfill diversion goal was an un-funded
mandate from the state that permits the City to charge specifically for AB 939 programs. Those
fees would not be placed in the City's general fund, whereas the franchise fee did go into the
general fund.
Deputy Mayor Rindone asked staff for a report comparing fees among other cities in the county
to verify that the proposed rate of $14.46 for a 64-ga1lon cart would be the lowest in the county.
He asked that the report be placed on a future Council agenda.
Councilmember Castaneda asked if there were programs available for seniors who may
experience financial difficulties associated with fee increases. Ms. France replied that when the
City converted from the manual to the automated program, seniors maintained the prior senior
rate at a cost of approximately $9 per month, as opposed to the current senior rate of
approximately $12 per month.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution No. 2007-197, heading read,
text waived:
RESOLUTION NO. 2007-197, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND
AUTHORIZING THE SOLID WASTE AND RECYCLING SERVICE
RATE ADJUSTMENT FOR 2007-2008 AND SUBSEQUENT RATE
ADJUSTMENTS FOR THE TERM OF THE AMENDED AND
RESTATED RECYCLING AND SOLID WASTE FRANCHISE
AGREEMENT
Councilmember Castaneda seconded the motion, and it carried 4-0.
Page 4 - Council Minutes
July 24, 2007
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DRAFT
OTHER BUSINESS
5. CITY MANAGER'S REPORTS
City Manager Garcia confirmed that the joint City CouncillPlanning Commission/Growth
Management Oversight Commission workshop scheduled for August 2, 2007, at the John Lippitt
Public Works Center would commence at 6:00 p.m.
6. MAYOR'S REPORTS
Mayor Cox informed the public that the City was engaging in continued discussions with
Gaylord Enterprises and the San Diego Unified Port District regarding the status of the bayfront.
7. COUNCIL COMMENTS
Councilmember Castaneda spoke about recent statistics regarding the housing market, noting
that two areas in eastern Chula Vista had one of the highest rates of default. He stated that this
would affect the City's fiscal stability and have painful effects on families unable to make ends
meet. He asked staff to bring back a report in the near future on how the City could assist in
educating homeowners and providing access to available resources.
Deputy Mayor Rindone spoke regarding ongoing discussions between Gaylord, the Labor
Council, the City and the Port. He stated that Gaylord was just not another developer, but an
entertainment corporation. He further described the many ways the City would be negatively
impacted should the project not materialize. He urged members of the community to urge both
sides to resume discussions.
CLOSED SESSION
At 6:56 p.m., Mayor Cox convened to Closed Session.
8. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Two cases
The items were not discussed, and no action was taken.
ADJOURNMENT
At 7:04 p.m., Mayor Cox adjourned the Council to an Adjourned Regular Meeting on August 2,
2007, at 6:00 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road, and thence to
the Regular Meeting of August 7, 2004, at 4:00 p.m. in the Council Chambers.
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Lorraine Bennett, CMC, Deputy City Clerk
Page 5 - Council Minutes
July 24, 2007
/C;- 6
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 24,2007
6:00 P.M. (Immediately following the Regular Council Meeting)
Council Chambers
City Hall
276 Fourth Avenue
A Special Meeting of the City Council of the City ofChula Vista was called to order at 7:05 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Ramirez, Rindone and Mayor Cox
ABSENT: Councilmembers: McCann
ALSO PRESENT: City Manager Garcia, Senior Assistant City Attorney Marshall
CLOSED SESSION
1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: Assistant City Manager
ACTION:
Deputy Mayor Rindone moved to approve the appointment of Scott Tulloch as
Assistant City Manager. Councilmember Castaneda seconded the motion, and it
carried 4-0.
ADJOURNMENT
At 7:50 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on August 2,
2007, at 6:00 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road; and thence to
the Regular Meeting of August 7, 2007 at 4:00 p.m. in the Council Chambers.
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Lorraine Bennett, CMC, Deputy City Clerk
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