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HomeMy WebLinkAbout2007/10/09 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according t~~ ~ fJ:. Brown Act requirements.. ;;;::;;: '/ :iiVA1L- iii!eJIiil: D-5 -07 Signed 4U'/.h-- ~~ ~~ CllY OF CHULA VISTA AJ'ett Cheryl Cox, Mayor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Council member October 9, 2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilrnembers Castaneda, McCarm, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Johnny Flores, Ex -Officio - Youth Action Council · PRESENTATION BY MAYOR COX OF A PROCLAMATION TO MORGAN BLACK OF I LOVE A CLEAN SAN DIEGO, PROCLAIMING SATURDAY, OCTOBER 6,2007 AS THE FIFTH ANNUAL BEAUTIFY CHULA VISTA DAY · PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TIM COLBY, PROCLAIMING OCTOBER 9, 2007 AS TIM COLBY DAY IN CHULA VISTA CONSENT CALENDAR (Items I through 2) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of June 19, 2007, the Regular Meeting of July 10, 2007, the Adjourned Regular Meeting of July 11,2007, the Special Meeting of July 12, 2007, the Adjourned Regular Meetings of July 17 and July 23,2007, and the Special Meetings of July 24, 2007. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $329,999 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2007 EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND (4/5THS VOTE REQUIRED) The Police Department has recently received notice of their Fiscal Year 2007 Edward Byrne Memorial Discretionary Grant award from the Bureau of Justice Assistance. The award in the amount of $329,999 relates to a 12-month project called "Chula Vista Violent Crime Project." (Police Chief) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda. but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 3 CONSIDERATION OF ADOPTION OF AN ORDINANCE ALLOWING TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF WAY AND A RESOLUTION AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE This item is the result of requests and inquiries from numerous individuals concerned about the ability of real estate agents, especially in newer Chula Vista communities, to adequately advertise open houses, which has become increasingly important with the housing market situation, due to current restrictions in the Chula Vista Municipal Code. Adoption of the ordinance establishes a new chapter in Title 12 regulating temporary placement of portable signs in the public rights-of-way, and establishes a fee in the master fee schedule to cover the cost of administering such a program. (Planning and Building Director) Staff recommendation: Council conduct the public hearing, and place the following ordinance on first reading and adopt the following resolution: Page 2 - Council Agenda http://www. chulavistaca. gOY October 9, 2007 A. ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY WITH A PERMIT (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE 4. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 This item is being brought forward in conjunction with the proposal to establish a program to regulate the temporary placement of portable signs in the public rights-of- way. In order to facilitate the new program, amendments to Chula Vista Municipal Code Sections 19.60.060 and 19.60.600 must be put in place to avoid contradictions, and establish maximum height requirements for "for sale" signs in residential zones that reflect industry practice and standard. (Planning and Building Director) Staff recommendation: Council conduct the public hearing, and place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 OTHER BUSINESS 5. CITY MANAGER'S REPORTS 6. MAYOR'S REPORTS 7. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of October 16, 2007 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and jive days for scheduled services and activities. Please contact the City Clerk for specific iriformation at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 3 - Council Agenda htt:p ://WW\V .chulavistaca.12.OV October 9, 2007 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. Page 1 - Council/Redevelopment Agency/Housing Authority Minutes June 19,2007 }II_/ . j-; , DRAFT 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 Page 2 - CounciVRedevelopment AgencylHousing Authority Minutes June 19,2007 I '1 '7 11-+-....- DRAFT 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. Page 3 - CounciVRedevelopment AgencylHousing Authority Minutes June 19, 2007 lA' '7 . .... ! ,.- ~<...> DRAFT 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 Page 4 - CouncillRedeve1opment Agency/Housing Authority Minutes June 19, 2007 I ,_' )1 !;-'---r .. . DRAFT 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. Page 5 - Council/Redevelopment Agency/Housing Authority Minutes June 19,2007 / ,- j: -0 DRAFT 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. Page 6 - CounciVRedeve1opment AgencylHousing Authority Minutes June 19,2007 IA"0 DRAFT 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 Page 7 - Council/Redevelopment AgencylHousing Authority Minutes June 19,2007 } t -7 ! " DRAFT 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: Page 8 - CounciVRedevelopment Agency/Housing Authority Minutes June 19, 2007 /A~2 DRAFT 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.) Page 9 - CounciVRedevelopment AgencylHousing Authority Minutes June 19, 2007 / If ~.' 17 DRAFT 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. Page 10 - Council/Redevelopment AgencylHousing Authority Mioutes June 19,2007 jA-.!(l , !V DRAFT 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. Page 11 - Council/Redevelopment AgencylHousing Authority Minutes June 19, 2007 'A '. , J i - i ! DRAFT 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. Page 12 - CounciVRedeve1opment AgencylHousing Authority Minutes June 19, 2007 J A -/Z DRAFT 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 Page 13 - Council/Redevelopment Agency/Housing Authority Minutes June 19, 2007 1l+~/3 DRAFT 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. I /;;; -. I .. .,"..,," ; 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. Page 2 - Council Minutes htto:llwvvw .chulavistaca. gOY July 10, 2007 /B-2 DRAFT 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 Page 3 - Council Minutes htto:/lwww.chulavistaca.gov July 10, 2007 /13-3 DRAFT 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. Page 4 - Council Minutes htto:llwww.chulavistaca.llOV July 10, 2007 18-7 DRAFT 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. Page 5 - Council Minutes htto:llwww.chulavistaca.gov July 10, 2007 /8-5 DRAFT 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) Page 6 - Council Minutes httn://www.chulavistaca.gov July 10, 2007 18-b DRAFT 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 Page 7 - Council Minutes htto:/ /www.chulavistaca.gov July 10, 2007 /8-] DRAFT 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: Page 8 - Council Minutes httu://www.chulavistaca.gov iV >" I~,-, July 10, 2007 DRAFT 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. Page 9 - Council Minutes htto:llwww.chulavistaca.2:0V July 10, 2007 I i"~l ,"1 i ."-"'_-/ I ..,___r DRAFT 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: Page 10 - Council Minutes httu:/ /www.chulavistaca.gov July 10, 2007 / P~/O" i ''-'' , DRAFT 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: Page II - Council Minutes htto://www.chulavistaca.gov July 10, 2007 1'0.// ."::>-/1 DRAFT 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. Page 12 - Council Minutes htm ://www.chulavistaca.gov July 10, 2007 / B- !2~ DRAFT 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. Page 13 - Council Minutes htto://\vww.chulavistaca.gov July 10, 2007 /B,,~ "'7 -':::;; DRAFT 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: Page 14 - Council Minutes hllu:llwww.chulavistaca.gov 10" I/! I .-';_ J' :! July 10, 2007 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. Page 15 - Council Minutes httn:/ /\VWW .chulavistaca. 20V July 10, 2007 ,;;;;--/6 DRAFT 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. Page 16 - Council Minutes htto:IIv..'Ww .chulavistaca. gOY July 10, 2007 / n I' 0-/12:> DRAFT 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 Page 17 - Council Minutes htto:lI\vww .chulavistaca. gOY July 10, 2007 'e. !~.' / ~/~ /1 DRAFT 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 ! ( l...- 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. Page 2 - Council Minutes httD:/ /www.chulavistaca.go,,' July 11, 2007 / C --~ 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. .~ Page 3 - Council Minutes 11tm:! /www.chulavistaca.gov July II, 2007 //1 ;2 l..,.-........ 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 J --.... J 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. / .,.... I i /t.- - ,.. ~- : 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. Page 2 - Council/Housing Authority Minutes htto://www.chulavistaca.gov July 17, 2007 / r;;-2 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) Page 3 - CouncillHousing Authority Agenda htto://www.chulavistaca.gov July 17, 2007 IE-3 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 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. Page 4 - CouncillHousing Authority Minutes htto:llwww.chulavistaca.gov July 17, 2007 ! E: -'I DRAFT 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) Page 5 - CouncillHousing Authority Agenda htto:/lwww.chulavistaca.gov July 17, 2007 IE-!:? 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 Page 6 - Council/Housing Authority Minutes htto://www.chulavistaca.gQy July 17, 2007 /cr: ..?, I . -. , 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. Page 7 - Council/Housing Authority Ageuda htto:l!www.chulavistaca.gov July 17, 2007 /E-7 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: Page 8 - CouncillHousing Authority Minutes htto:llwww.chulavistaca.gov '.,..... .,~ /e -):;. 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. Page 9 - CouncillHousing Authority Agenda hltP:/!www.chulavistaca.2ov ;;:::- q ! - I July 17, 2007 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 Page 10 - CounciVHousing Authority Minutes htto:/!www.chulavistaca.gov July 17,2007 !~--/o 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. Page 11 - CounciVHousing Authority Agenda hlto:/lwww.chulavistaca.gov July 17, 2007 )E-// 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... /..:~/- -r:;;:i~ Bennett, CMC, Deput;City Clerk Page 12 - CounciVHousing Authority Minutes htto://www.chu1avistaca.gov July 17, 2007 / C" -/2- 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. Page 2 - Council Minutes htto:llwww.chulavistaca.goy July 23, 2007 I r:::: "7 ! i -?- 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) I G-I 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. Page 2 - Council Minutes July 24, 2007 ,/ ;:'--,."'j,1 "''''} - ~~ 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. Page 3 - Council Minutes July 24, 2007 / t^j ,,,.,? " L~ -'-") . 7 ~ 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 /G-Lf 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. ----- 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. .-::::- _.---;; ~ ~.~. / Lorraine Bennett, CMC, Deputy City Clerk I ; /H CITY COUNCIL AGENDA STATEMENT ~~f:. CITY OF - - - CHUlA VISTA 10/09/2007 Item 2. ITEM TITLE: RESOLUTION ACCEPTING $329,999 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2007 EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT F D. CHIEF OF POUC CITY MANAGER 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: BACKGROUND The Edward Byrne Memorial Discretionary Grants Program, administered by the Office of Justice Programs' (OJP's) Bureau of Justice Assistance (BJA), helps local communities improve the capacity of local justice systems and provides for national support efforts including training and technical assistance programs strategically targeted to address local needs. Funds can be used for demonstration, replication, expansion, enhancement, training and/or technical assistance programs. Grant applicants must establish an intelligence-led, data-driven, multi-jurisdictional response to violent crime and gangs. Applicants must document an existing or proposed multi-agency, multi-jurisdictional partnership, and are required to have an ongoing partnership with at least one federal law enforcement agency throughout the project period. The Chula Vista Police Department, in partnership with the San Diego County Probation Department, and with the support of the United States Attorney for the Southern District of California, submitted an application entitled "Chula Vista Violent Crime Project". ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. 2-1 10/09/2007, [tem~ Page 2 of 4 RECOMMENDATION That Council adopt the resolution accepting $329,999 from the Bureau of Justice Assistance for the 2007 Edward Byrne Memorial Discretionary Grant and amending the Police Grant Fund budget by appropriating $220,586 for personnel costs, $63,894 for supplies and services and $45,519 for equipment. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Police Department has recently received notice of the FY 2007 Edward Byrne Memorial Discretionary Grant award from the Bureau of Justice Assistance. This award in the amount of $329,999 relates to a 12-month project called the "Chula Vista Violent Crime Project". The goal of the Chula Vista Violent Crime Project is to reduce robbery and aggravated assaults by implementing the following five objectives: 1) problem-solving policing to gather data from a variety of sources to develop a better understanding of robbery and aggravated assault problems, 2) advanced technology to monitor high-risk probationers, gang members and hot spot locations, 3) advanced crime analysis and mapping tools in police operations to direct efforts at reducing robbery and aggravated assault problems through directed patrol and investigative resources, 4) existing intra- and inter-agency task forces and units, and 5) the exchange of information about robberies and aggravated assault with the community. The department's public safety analysts will use existing crime analysis and mapping software to conduct in-depth analysis of past crime incidents at high-density crime locations to identify hot days and times, suspects or suspect groups, methods of operations, and other relevant information (Objective 1). The analysts, officers, and investigators assigned to this project will gather information on people and vehicles in the high-density crime locations by: ~ Partnering with San Diego County Probation Department to monitor the movements of up to 15 dangerous/high-risk probationers through GPS electronic monitoring devices (Objectives 2 and 3); ~ Tracking vehicles of targeted probationers and gang-members using vehicle tracking technologies (Objectives 2 and 3); ~ Collecting information on vehicles frequenting high-density crime locations using advanced mobile license plate recognition (LPR) technology (Objectives 2 and 3); and ~ Gathering and analyzing information on gang-members, probationers and parolees who frequent high-density crime locations through surveillance and direct contact by officers (Objectives 1 and 3). A temporary public safety analyst dedicated to this project will periodically integrate the above data with new crime reports, calls for service and other data, which consequently identifies active crime patterns, trends and possible offenders (Objective 1). Additionally, the analyst will produce reports, maps, and bulletins for commanders, 2-2 10109/2007, ItemL Page 3 of 4 supervisors, officers, investigators, multi-agency task forces, and the department's public information officer about robbery and aggravated assault trends (Objectives 3, 4 and 5). Directed patrol will focus on high-density locations based on the data synthesis, analysis, and reports. The purpose of this patrol is to deter offenses, identify suspects, and gather additional intelligence through contacts (field interviews, traffic stops, personal contacts, etc.) with persons frequenting the areas (Objective 3). Officers working overtime will be used to ensure attention is focused at specific locations at specific times. Furthermore, the regular beat officers and supervisors will be provided the same information to help them better allocate any free time they have to these areas. Street Team/Gang Enforcement Unit and JUDGE (Jurisdictions Unified for Drug & Gang Enforcement)l Unit officers will increase active monitoring of probationers and gang members identified through the above data synthesis. Street Team/Gang Enforcement Unit and JUDGE Unit officers will use wireless PDAs (personal digital assistants) to access the electronic monitoring data of probationers, local, regional, and state criminal justice data systems (Objectives 2, 3, and 4). Officers and investigators working on this project will increase the certainty of the punishment of apprehended offenders by: ~ Referring qualified gun-related cases to the U.S. Attorney's Office for prosecution through the federal Project Safe Neighborhoods Task Force effort (Objectives 2 and 4); ~ Working with San Diego County Probation to revoke the probation of identified violators (Objectives 2 and 4); and ~ Referring qualified cases to the San Diego County District Attorney's JUDGE prosecutor or Gang Prosecution Unit for special attention (Objectives 2 and 4). The Police Department will also develop a public education awareness effort based on the detailed analysis of robbery and aggravated assaults to provide information on how to protect against robberies and encourage citizens to notify police of suspicious circumstances (Objective 5). Included in this effort will be media events and press releases announcing the project, periodic public awareness bulletins, and presentations about the project at community meetings. In summary, the major elements of this project include crime analysis, electronic monitoring of probationers, license plate recognition technology, wireless connectivity to criminal justice databases, remote vehicle tracking, and outreach to the community. Key to this effort is the synthesis of data from a variety of sources to better direct patrol to hot robbery and aggravated assault locations and times, and better focus follow-up investigations. Police commanders and analysts with extensive experience managing similar programs will oversee and work on this 12-month project from 10/1/2007 to 9/30/2008. 1 JUDGE is a multi-jurisdictional task force that consists of police officers, probation officers and deputy district attorneys working together to target drug dealers and documented gang members involved in drug use and sales. 2-3 10/09/2007, ltemL Page 4 of4 After the grant funding ends, the strategies developed will continue by analyzing violent crimes and their locations and producing crime bulletins to direct the patrol efforts of regular beat officers. Furthermore, the Street Team/Gang Suppression Unit, the JUDGE unit, and the Crimes of Violence Unit will continue their enhanced monitoring of probationers and gang members identified as being involved in violent crimes. In addition, license plate technology will continue to be used at problem locations. Efforts will be made to find additional funding for the lease of GPS electronic monitoring systems for probationers to continue that element of the project. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(l) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in the appropriation of $329,999 to the Police Grant Fund, as detailed in the table below. The funding from the 2007 Edward Byrne Memorial Discretionary Grant will completely offset these costs, resulting in no net impact to the General Fund. I I' i Temporary Analyst Wages & Benefits $53,241 $17,748 $70,989 Officer Overtime $89,698 $59.899 $149.597 Total Personnel Costs $142.939 $77.647 $220,586 Wireless PDA's & Airtime Fees $8,721 $1,650 $10,371 Remote Vehicle Trackers & Airtime Fees $8,111 $1,485 $9,596 GPS Monitoring System $30,386 $10,129 $40,515 DOJ Sponsored Conference $3.412 $0 $3.412 Totol Supplies & Services $50,630 $13,264 $63,894 License Plate Reader & Software $45.519 $0 $45,519 Total Equipment $45,519 $0 $45,519 TOTAL PROJECT COSTS $239,088 $90,911 $329,999 TOT AL GRANT FUNDING $239,088 $90,911 $329,999 Net 1m act to General Fund $0 $0 $0 ATTACHMENTS Attachment "A": Letter of Support from San Diego County Probation Department Attachment "B": Letter of Support from United States Attorney, Southern District of CA Prepared by: Jonathan Alegre, Senior Management Analyst, Police Department 2-4 D.:lvld E. Cr.mfont CHiEF PI'I06FoT10rl OFFICER (,\('lltl(ll (11SG}Sl4..:lI':ll FAA. (OSllJ5'~ 31:!\ (:ountp of $an I\iego DEPARTMENT OF PROBATION POST OFfiCE BOX :JJS!J7 SAN DIEGO. CAl..JFORNIA 9219J.J597 June 19, 2007 Rick Emerson Chief of Police Chula Vista Police Department 315 Fourth Ave Chula Vista, CA 91910 Dear ChiefEmefson: I am pleased 10 submit this leller of support for the Chula Vista Police Department's application for an Edward Byrne Memorial Discretionary Grant from the Bureau of Justice Assistance The Probation Department looks forward 10 working with your department on this project to address the rising robbery and aggravated assault rales in Chula Vista. Specifically, we will assist in identifying high-risk probationers and filling them with GPS-enable tracking devices for monitoring by the police department. In addition, our probation officer currently assigned to the JUDGE Unit in Chula Vista will continue to act as a conduit for information between our two departments on probation-related investigations We commend Cl1ula Vista Police Department in their efforts to address the rising rates of robbery and aggravated assault in Chula Vista and look fOf\vard to our continued p<lrtnership Sincerely, -, ail '~d~; / ~~, ,P6A v'1fft~j{N (1.D. CHIEF PROB 'ION OFF1CER (Acting) 2-5 Attachment "A" Attachment "B" U.S. Department of Justice United States Attorney Southern District of California KAREN P. HEWITT United States Attorney (619) 557-5690 Fax (619) 557-5782 San Diego County Offrce Federal Office Building 880 Front Street, Room 6293 San Diego, California 9210/-8893 Imperial COUllly Offic.e 321 South Waterman Avenue Room 204 El Centro, California 92243-2215 June 12, 2007 Domingo S. Herraiz Director, Office of Justice Programs United States Department of Justice 810 7th Street, N.W. Washington, D.C. 20531 Re: Chula Vista Police Department, Chula Vista, California Application for Funding - Edward Byrne Memorial Discretionary Grants Program FY 2007 Competitive Grant Announcement Dear Mr. Herraiz: The United States Attorney's Office for the Southern District of California supports the Chula Vista Police Department in their efforts to apply for participation in the Edward Byrne Memorial Discretionary Grants Program, FY 2007 Competitive Grant Announcement I am writing this letter of support to be added to Chula Vista Police Department's application for funding. In addition to being a part of the Project Safe Neighborhoods Task Force, members of the Chula Vista Police Department participated in the Southern District of California Gun Crime Prosecution Protocol "Train-the- Trainers" workshop, and fIrearms training sessions that focused on federal fIrearms law, fIrearms identifIcation, fIrearms tracing, and hidden compartments. We look forward to continuing to work with the Chula Vist;! Police Department as part of the Project Safe Neighborhoods Task Force and support their efforts to receive recognition in the Edward Byrne Memorial Discretionary Grants Program. Thank you for your consideration. Sincerely yours, 1{Auc]?; ~ KAREN P. HEWITT United States Attorney cc: Chula Vista Police Department 2-6 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $329,999 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND. WHEREAS, the Police Department has recently received notice of the Edward Byrne Memorial Discretionary Grant award from the Bureau of Justice Assistance for a 12-month project called the "Chula Vista Violent Crime Project"; and WHEREAS, the goal of the Chula Vista Violent Crime Project is to reduce robbery and aggravated assaults; and WHEREAS, the major elements of this project include crime analysis, electronic monitoring of probationers, license plate recognition technology, wireless connectivity to criminal justice databases, remote vehicle tracking, and outreach to the community; and WHEREAS, the grant funding from the Bureau of Justice Assistance for the Edward Byrne Memorial Discretionary Grant will completely offset the total project costs. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $329,999 from the Bureau of Justice Assistance for the Edward Byrne Memorial Discretionary Grant and amend the Police Grant Fund budget by appropriating $220,586 for personnel costs, $63,894 for supplies and services and $45,519 for equipment. Presented by: Approved as to form by: ~~~ r I nn Mool~~i ~ City Attorney . Richard P. Emerson Police Chief J:lAttorneylRESOIPOLlCEIEdward Byrne Grant (CLEAN C2.'::7REDLlNEUO-09-07.dOC CITY COUNCIL AGENDA STATEMENT ~f::. CITY OF -0- :;--- (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: OCTOBER 9, 2007, Item~ ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE tits DIRECTOR OF PLANNING AND BUILDING1'l CITY MANAGER I\I~})../ ~ ASSIST ANT CITY ~:;ER '7) 4/5THS VOTE: YES D NO ~ BACKGROUND This item is being brought forward as a result of requests and inquiries from numerous individuals concerned about the ability of real estate agents to adequately advertise open houses. The issue has become increasingly important as the downturn in the housing market continues. Several homeowners have voiced frustration that, due in large part to the design of Chula Vista's newer communities, it is impossible for their agents to adequately advertise their open house within the current restrictions in Chula Vista Municipal Code section 19.60.600. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIvIty for compliance with the California Environmental Quality Act [CEQA] and has determined that there is not a possibility that the activity may have significant effect on the environment; therefore, pursuant to Section 15061(b)(3) [General Rule] of the State CEQA Guidelines the activity is not subject to CEQA. 3-1 ,., October 9,2007, Item-----2- Page20f3 RECOMMENDATION Council adopt the ordinance and resolution establishing a program regulating the temporary placement of portable signs in the public rights-of-way, and establishing a fee in the master fee schedule to cover the cost of administering such a program. BOARDS/COMMISSION RECOMMENDATION The Planning Commission met on August 8, 2007, and unanimously voted to endorse the establishment of a program regulating the temporary placement of portable signs in the public rights-of-way and associated fees. DISCUSSION Upon review of the current sign regulations, it was determined that those regulations were adopted approximately twenty years ago and were not adopted to accommodate the design and creation of Chula Vista's newer neighborhoods. It was also determined that these regulations were passed, in part, to prohibit signage in the public rights-of-way that might present a traffic or pedestrian hazard, or interfere with landscape and infrastructure and its maintenance. Staff discussed the potential for allowing real estate agents the ability to use certain portions of the public rights-of-way during designated days and times but felt there would be issues with the unconstitutionality of regulating the content of such signs. It was determined that if the City allows open house signs in the public rights-of-way, it would be prudent to allow any commercial sign regardless of content, provided the signs meet other regulatory criteria. A draft ordinance was presented to the City Attorney's Office, Public Works Department, Engineering Department and the Planning and Building Department. The draft places strict limits on the time, place and manner such signs can be placed in the public rights-of-way and requires that an application and fee, of $25.00 per sign, be submitted to the City before any sign may be placed in the public rights-of-way. The revenue generated from the fees will be used to offset the expense of administering the program. The enforcement of signs found in violation will not change. Any illegally placed signs may be summarily removed as a trespass, abated and disposed of as per City Council Policy 465-02. The City is not responsible to replace lost, stolen or abated signs and their permit stickers. After further discussion, staff concluded that amending Chapter 19.60 to allow for temporary placement of portable signs in the public rights-of-way would be beyond the scope of the chapter as Chapter 19 addresses signage on private property. It was decided to establish a new section within Title 12, Streets and Sidewalks, as it more appropriately addresses encroachments and uses within the public rights-of-way. In order to facilitate the new chapter in Title 12, additional definitions and language must be added to Sections 19.60.060 Definitions and 19.60.600 Specialty Signs. 3-2 October 9, 2007, Item-3..- Page 3 of3 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific, and consequently, the 500-foot rule found in California Code of Regulations Section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT Last year, the Code Enforcement Section abated nearly 5,000 illegal signs from public rights-of way. The majority of these signs would still be illegal under the new ordinance. There are, however, approximately 500 real estate agents listed under the City's business license records. If each of these individuals obtained five sign permits each at a fee of $25 per sign per year, there is the potential to generate $62,500 annually to the general fund, which will offset the costs associated with administering the program. ATTACHMENTS 1. Planning Commission resolution 2. Draft Proposed amendments to CYMC 19.60 Prepared by: Doug Leeper, Code Enforcement Manager, Planning and Building Department H:\BLD _HSG\Code Enforc\Temp Signs in the PROW\City Council Agenda Statement Temp Signs PROW.doc 3-3 RESOLUTION NO. PCA-08-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 19.60 WHEREAS, the City of Chula Vista has been approached by several concerned residents; and WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public right of way; and WHEREAS, the City of Chula Vista may allow the use of its public rights of way under ordinance and/or City Council Policy; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12 Streets and Sidewalks to allow for the placement of temporary portable signs within designated areas of public rights of way; and WHEREAS, the adoption of an additional chapter to Title 12 will reqUIre amendments to Title 19 in order to be fully effective; and WHEREAS, the Environmental Review Coordinator has determined that the proposed ordinance amendment is exempt pursuant to Section 15061 (b)(3)(General Rule) of the State CEQA Guidelines; and, WHEREAS, the Planning Commission set the time and place for a hearing on the proposed amendment and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely Augusta 8, 2007, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and after the item was heard and public comment received the hearing was closed. NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION finds as follows: I. That well regulated and monitored temporary placement of portable signs in designated portions of public rights of way can be of economic benefit to the community, and 2. Temporary portable signs can be adequately regulated through a proactive code enforcement program, and ATTACHMENT 1 3-4 3. Recommends that the City Council adopt the ordinance as shown in Attachment '"A", BE IT FURTHER RESOL VED THAT a copy of this resolution and its attachment be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of August, 2007, by the following vote, to- wit: AYES: Tripp, Felber, Moctezuma, Bensoussan, Clayton, Spethman NOES: ABSENT: Vinson ABSTENTIONS: Diana Vargas Secretary to Planni Commission 3-5 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 I. Recitals. WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public rights-of-way in order to protect aesthetics, promote an orderly appearance, and prevent potential traffic hazards, safety hazards and nuisances; and WHEREAS, the City of Chula Vista has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and an interest in assuring safe and convenient traffic and pedestrian circulation on City streets; and WHEREAS, the City of Chula Vista may allow the use of its public rights- of-way under ordinance and/or City Council Policy; and WHEREAS, in an effort to assist in the promotion of local businesses and the sale of real estate within the City, this section sets forth a limited opportunity to place signs in designated portions of the public rights-of-way during specified dates and times; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12, Streets and Sidewalks, of the Municipal Code to allow for the temporary placement of portable signs within designated areas of public rights- of-way; and WHEREAS, the strict limitations placed on the temporary placement of portable signs in this ordinance will ensure that: (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; (Ii) nuisances and safety hazards are avoided; (iii) the City's risk is limited through an indemnification and insurance component, and; (iv) the City's costs associated to administer and enforce the program will be paid for by a permit fee; and WHEREAS, the passage of the proposed addition to Title 12 will be in conflict with existing language in Title 19 sections 19.60.060 and 19.60.600; and WHEREAS, the height and placement restrictions on residential for sale signs in Title 19 are outdated and do not reflect the current neighborhood development or industry standards; and 3-6 ATTACHMENT 2 WHEREAS, on August 8, 2007, the Planning Commission voted unanimously to recommend passage of the proposed ordinance to the City Council. NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: 1. That the proposed amendments be added to Title 19 sections 19.60.060 and 19.60.600 as follows: 19.60.060 Definitions. "Balloon" means any rubber, plastic. Mylar or other material capable of beina inflated with air or other aas. "Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any sign that is not maintained, or is not used to identify or advertise an ongoing establishment, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of the 15-year amortization period provided for in this chapter; and (e) any sign that is in violation of the provisions of this chapter m any sian that is in violation of 12.50 CVMC. "Pennant" means any liahtweiaht plastic. fabric, or other material, whether or not containina a messaae of any kind. suspended from a rope, wire. strina. stick or pole whether individuallv or in a series. desianed to move in the wind and draw attention to a sian. place, product and/or event. "Streamer" see pennant. ''Temporary Public Riaht of Wav Sian Permit" means the official self-adhesive serialized stickers. which contain the City loao and appropriate calendar year issued by the City under CVMC 12.50. 19.60.600 Specialty signs. The signs described in this section are based on the legal use of the land on a particular parcel. C. Real Estate Signs. On any parcel or separately rentable portion thereof, sign(s) pertaining to economic transactions 3-7 regarding the property (such as sale, rental, lease, exchange, etc.) is allowed, subject to the land owner's consent and: 1. Maximum Sign Area. Commercial and industrial zones, 32 square feet; agricultural zones, 32 square feet for undeveloped acreage of one acre or more, otherwise 4.5 square feet; residential zones, 4.5 square feet. 2. Height, If Freestanding. No freestanding sign shall exceed 10 feet in height in any commercial or industrial zone or in the agricultural zone for undeveloped acreage of one acre or more. In all other zones, the maximum height shall be limited to 4-,a Q feet. 3. Number of Signs. Through lots shall be allowed one sign on each street. Corner lots shall be permitted one sign only. 4. Setback. Freestanding signs shall maint3in (J 10 foot !Setback from all property lines not violate the Vision clearance - Intersection requirements in CVMC 12.12.120 and/or the Vision clearance - Drivewav requirements in CVMC 12.12.130. 5. Vacancy Signs. Real estate signs reflecting the vacancy status and availability of commercial or industrial space within a structure designed for multiple occupancy, whether through rental, sale or lease, shall be limited to a maximum sign area of 16 square feet. Not more than one sign may be used facing a dedicated street. The sign may be attached flat against the building or be part of a permitted freestanding sign if designed to be part of said sign and providing the total sign area does not exceed the area permitted for the freestanding sign. 6. Location. On the property to which the sign pertains, or on other private property with the consent of that property owner or as permitted in CVMC 12.50. 7. Open House Signs - Special Rules. Off-premises temporary real estate open house signs are allowed permitted within all residential zones subject to: a. No more than five off-premises open house signs shall be allowed for each residential open house which occurs, except as permitted in CVMC 12.50. b. No more than one sign shall be allowed to be placed on any interior parcel and no more than two on a corner lot (one per street frontage). c. Off-premises open house signs shall only be displayed during daylight hours except as permitted in CVMC 12.50. d. Signs shall be no larger than four square feet and shall be located at minimum of three feet from the sidewalk or 10 feet from the curb or edge of pavement, where no sidewalk exists except as permitted in CVMC 12.50. e. An off-premises temporary real estate open house sign shall only be permitted in conjunction with an open house held for the resale of one single-family residence. 3-8 f. Off-premises signs advertising the sale of more than one lot or more than two dwellings constitutes a subdivision directional sign subject to the regulations outlined in subsection (E)(3) of this section. g. Off-premises open house signs are prohibited within the public right-of-way except as permitted in CVMC 12.50. H:\BLD_HSG\Code Enforc\Temp Signs in the PROW\COUNCIL PACKAGE 9-4-07.doc 3-9 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOWING THE TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF PUBLIC RIGHTS- OF-WAY WITH A PERMIT I. Recitals. WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public rights-of-way in order to protect aesthetics, promote an orderly appearance, and prevent potential traffic hazards, safety hazards and nuisances; and WHEREAS, the City of Chula Vista has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and in assuring safe and convenient traffic and pedestrian circulation on City streets; and WHEREAS, the City of Chula Vista has been approached by several concerned residents who feel they are unable to adequately market their homes via open houses because of the City's existing sign regulations; and WHEREAS, the City of Chula Vista may allow the use of its public rights- of-way under ordinance and/or City Council Policy; and WHEREAS, in an effort to assist in the promotion of local businesses and the sale of real estate within the City, this program permits placement of signs in designated portions of the public rights-of-way during specified dates and times; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12, Streets and Sidewalks, to allow for the temporary placement of portable signs within designated areas of public rights-of-way; and WHEREAS, the strict limitations placed on the temporary placement of portable signs in this ordinance will ensure that: (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; (iI) nuisances and safety hazards are avoided; (ili) the City's risk is limited through an indemnification and insurance requirement; and, (iv) the City's costs associated to administer and enforce the program will be paid for by a permit fee; and H:IBLD_HSGICode EnforclTemp Signs in the PROWICO~"::~OACKAGE 8-23-Q7.doc Ordinance No. Page 2 WHEREAS, on August 8, 2007, the Planning Commission voted unanimously to recommend passage of the proposed ordinance to the City Council. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: 1. That the proposed Temporary Placement of Portable Signs in Designated Portions of Public Rights-of-Way ordinance be enacted as follows: 12.50. TEMPORARY PLACEMENT OF SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY. 12.50.010 PURPOSE AND INTENT. The purpose of this chapter is to allow limited placement of signs in the public rights - of - way under clearly defined time, place and manner requirements through the use of a permit process. The application and process will set forth the rights and responsibilities of any individual or group that seeks to place signs in the public rights-of-way. 12,50.020 AUTHORITY. California Penal Code section 556 provides that signs may be temporarily placed in public rights-of-way only after the person placing the sign in the rights-of-way has received the lawful permission of the City by permit and in accordance with the restrictions on signs set forth in this section. It shall be the responsibility of the Director of Planning and Building or his or her designee to receive applications and fees, issue permit stickers, and monitor the temporary placement of portable signs. 12.50.030 DEFINITIONS. For purposes of this chapter, the definitions found in chapter 19.60.060 apply. 12.50.040 PERMIT ISSUANCE. A. Except for signs allowed under Section VIII of City Council Policy 465-02, no sign shall be placed within any portion of the public right-of-way without first being issued a Temporary Public Right-of-Way Sign Permit from the City of Chula Vista. To obtain a permit, the requestor/permitee shall: 1. Complete and sign an application form as required by the Director of Planning and Building. 2. Indemnify and hold the City, its officers, employees, and representatives harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct H:\BLD HSGICode Enforc\Temp Signs in the PROWlCOUNCIL PACKAGE 8-23-07.doc - 3-11 Ordinance No. Page 3 or indirect operations of the Permittees, agents, employees, or other persons acting on the Permittees' behalf for all damages and claims for damages suffered or alleged to have been suffered by reason of the obligations referred to in the Permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this permit. 3. Provide proof of and maintain in force, policies or certificates of insurance, of comprehensive public liability insurance in a combined single limit amount of at least $1,000,000. Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, shall name the City of Chula Vista as additional insured. Lapse of valid insurance shall immediately render void any permit issued pursuant to this section. 4. Remit the permit fee. Permit stickers are issued on a calendar year basis and are not prorated. The fee for the permit shall be set by the City Council. Two permit stickers numbered alike shall be issued for each fee paid so that a permit is visible on each side of every sign. B. Permits are issued to an individual, business, or group and shall not be reassigned or transferred. 12.50.050 TIME, PLACE AND MANNER RESTRICTIONS. Except for signs allowed under Section VIII of City Council Policy 465-02, all Portable Signs are subject to the following conditions: 1. Size. The total face area of each sign shall not exceed twenty-four (24) inches by twenty-four (24) inches in size. Doubled-faced signs are considered a single sign and only require one permit with a permit sticker placed on each side of the sign. 2. Height and Width. The vertical distance measured from ground level to the highest point of such sign or supporting device and the width of the supporting device may not exceed three (3) feet. 3. Type. Signs shall be portable, self-supporting, and of sufficient weight that the sign remains upright and in the same position for the entire time the sign is in the public right-of-way. No portion of the sign or supporting device shall be placed or driven into the ground. Signs and supporting H:\BLD HSG\Code EnforclTemp Signs in the PROWlCOUNCIL PACKAGE 8-23-Q7.doc - 3-12 Ordinance No. Page 4 devices shall be maintained in good condition at all times and shall be constructed out of quality weather resistant materials normally used in professional signage. No cardboard or paper signs are allowed. 4. Attachments. Signs and supporting devices may not contain brochure boxes, tear off flyers/coupons, or any similar type of attachment. No balloons, flags, pennants. or similar devices may be attached to a sign or supporting device. 5. Identification. Signs must contain, in legible font, on an area no less than two (2) inches by three and one-half (3;;") inches (business card size) the name, mailing address, and contact phone number of the individual responsible for the sign. 6. Permit sticker. Each sign placed in the public right-of-way must have a valid permit sticker affixed to both sides of each sign whether or not it is a double-faced sign. 7. Time. Signs shall only be displayed from Saturday at 6:00 a.m. through Sunday at 6:00 p.m. and on the listed City observed holidays from 6:00 a.m. through 6:00 p.m. January 1 (New Year's Day) The third Monday in January (Martin Luther King Jr Day) March 31 (Cesar Chavez Day) The last Monday in May (Memorial Day) July 4 (Independence Day) The first Monday in September (Labor Day) The second Monday in November (Veteran's day) The third Thursday of November (Thanksgiving Day) The day after Thanksgiving Day December 25 (Christmas Day) 8. Location. No sign shall be placed, displayed, used or maintained: (a) On any sidewalk, walking path, bike lane, street, roadway area, traffic circle, round about, or center median or island area. (b) On public rights-of-way adjacent to streets undergoing active construction, repair, or maintenance including landscape installation. H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCIL PACKAGE 8-23-07.doc - 3-13 Ordinance No. Page 5 (c) In such a manner as to obstruct the view of any official public sign. (d) On any right-of-way if the location obstructs the safe and convenient use by the public of any street, sidewalk, or curbside parkway area. (e) Within five (5) feet of the beginning of the curb return of any intersections, whether the intersections have marked or unmarked crosswalks. (f) Within five (5) feet of a fire hydrant, private or public driveway, traffic signal, traffic sign, USPS Mail receptacle, community mail box, public trash receptacle, designated bus stop/bench, or any other bench on the sidewalk. (g) On any traffic control signs or devices, street light, utility, or communications standards or poles and any of their supporting structures or equipment. (h) In any manner that causes a visual obstruction to traffic that may create a hazard to traffic and/or pedestrians. (i) In any manner that injures, damages and/or destroys any plantings or vegetation within the right-of-way. U) Within eighteen (18) inches from the face of curb. (k) On any public right-of-way adjacent to streets during special events. (I) In any City park. (m) Within any vision clearance area as defined in CVMC section 12.12.130. 12.50.060 RESPONSIBILITY. For purposes of this section, and in accordance with California Penal Code section 556.4, any and all information that appears on any sign, including, but not limited to, name (business or individual), address, telephone number, or e-mail address, may be used as evidence of responsibility for placement of a sign. Permitees and non-permitees shall be responsible for monitoring sign placement and shall be held responsible should any sign they are responsible for be placed H:\BLD HSG\Code Enforc\Temp Signs in the PROw\COUNCIL PACKAGE 8-23-07.doc - 3-14 Ordinance No. Page 6 or moved to a location that violates any portion of this or any other applicable section of the Chula Vista Municipal Code. 12.50.070 REMOVAL OF SIGNS. Any sign installed, placed, displayed, maintained, or located in violation of this or any other applicable section may be summarily removed by the City or its contractors and discarded. 12.50.090 lOSS OR THEFT. The City is not responsible for loss or theft of signs and/or permit stickers. 12.50.090 VIOLATION/PENALTY. Violations of this chapter are strict liability offenses regardless of intent. Any person, firm, or corporation that violates any portion of this section may be subject to prosecution and/or administrative enforcement under chapters 1.20 and 1.41. 12.050.100 APPEALS. Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under chapter 1.40. II. Severability. The City Council declares that should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. III. Effective Date. This ordinance shall take effect and be in full force on the sixtieth day from and after its second reading. Presented by Approved as to form by James D. Sandoval Director of Planning and Building ~}(oJ\~~<;l\A Ann Moore ' City Attorney H:IBLD HSG\Code EnforclTemp Signs in the PROWlCOUNCIL PACKAGE 8-23-07.doc - 3-15 RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, in January 2007, the City Council adopted the existing Building Fee Schedule; and WHEREAS, the City Council has adopted an ordinance allowing placement of temporary portable signs in designated areas of the Public-Right-of- Way; and WHEREAS, the ordinance provides that an application fee and permit fee may be established to cover the reasonable costs of administering the program; and WHEREAS, staff has determined the costs associated with the administration of the program to be approximately twenty-five dollars per permit; and WHEREAS, an amendment to Chapter X (Building) of the City's Master Fee Schedule will ensure business owners pay the reasonable cost of administering the Temporary Placement of Portable Signs in Designated Areas of the Public Right-of-Way; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under section 15378 of the State CEQA Guidelines; and therefore pursuant to section 15060(c)(2) of the State Guidelines the activity is not subject CEQA. Thus no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt Attachment C, amending Chapter X (Building) of the City's Master Fee Schedule, on file with the City Clerk. 3-16 Resolution No. 2007- Page 2 BE IT FURTHER RESOLVED that, pursuant to California Government Code section 66017(a), the amendment to Chapter X (Building) of the City's Master Fee Schedule shall become effective sixty days after the adoption of this resolution. Presented by Approved as to form by James D. Sandoval Director of Planning and Building fu~i\ \I\, '\~Cl\1 Ann Moore City Attorney J:lAttorneyIRESOIFINANCEIMFS - BUILDING 10-09-07.cjQc - ;:s-17 CITY COUNCIL AGENDA STATEMENT OCTOBER 9, 2007, Iteml ITEM TITLE: ORDINANCE OF THE CITY OF AMENDING THE DEFINITIONS SECTIONS 19.60.060 AND 19.60.600 '_ CHULA VISTA IN TITLE 19 SUBMITTED BY: DIRECTOR OF PLANNING AND BUILDING f REVIEWED BY: CITY MANAGER ASSISTANT CIT MANAGER S I 4/5THS VOTE: YES D NO 0 BACKGROUND This item is being brought forward in conjunction with the proposal to establish a program to regulate the temporary placement of portable signs in the public rights-of- way. In order to facilitate the new program, amendments to CVMC sections 19.60.060 and 19.60.600 must be put in place to avoid contradictions. Additionally, it was determined that the maximum height requirement established for "for sale" signs in residential zones was antiquated and did not reflect current industry practice and standard and the restriction limiting where a "for sale" sign can be placed on a residential property was passed decades before the establishment of our newest neighborhoods and is overly restrictive given the configuration of newer neighborhoods. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act [CEQA] and has determined that there is not a possibility that the activity may have significant effect on the environment; therefore, pursuant to Section 15061(b)(3) [General Rule] of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION Council adopt the ordinance. 4-1 October 9, 2007, Item~ Page 2 on BOARDS/COMMISSION RECOMMENDATION The Planning Commission met on August 8, 2007, and unanimously voted to endorse the establishment of a program allowing, and regulating, the temporary placement of portable signs in the public rights-of~way and associated fees. DISCUSSION Upon review of the current regulations, it was determined that those regulations were adopted approximately twenty years ago before the design and creation of Chula Vista's newer neighborhoods. It was also determined these regulations were passed, in part, to prohibit any signage in the public rights of way that might present a traffic or pedestrian hazard, or which interferes with landscape and infrastructure and its maintenance. Staff discussed the potential for allowing real estate agents the ability to use certain portions of the public rights-of-way during designated days and times but felt there would be issues with the unconstitutionality of regulating the content of such signs. It was determined that if the City allows open house signs, it would be prudent to allow any sign regardless of content, and apply restrictions regarding the placement of signs to meet the needs of the City and public. A draft ordinance was presented to the City Attorney's Office, Public Works Department, Engineering Department and the Planning and Building Department. The draft places strict limits on the time, place and manner such signs can be placed in the public rights-of-way and requires that an application and fee be submitted to the City and a permit issued before any sign may be placed in the public rights-of-way. After further discussion, staff concluded that amending Chapter 19.60 to allow for temporary placement of portable signs in the public rights-of-way would be beyond the scope of the chapter as it addresses signage on private property. It was decided to establish a new section within Title 12, Streets and Sidewalks, as it more appropriately addresses encroachments and uses within the public rights of way. In order to facilitate the new chapter in Title 12, additional definitions and language must be added to Sections 19.60.060 Definitions and 19.60.600 Specialty Signs. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific, and consequently, the 500-foot rule found in California Code of Regulations Section I 8704.2(a)(1) is not applicable to this decision. FISCAL IMP ACT None. 4-2 A TT ACHMENTS 1. 2. Planning Commission resolution Draft Ordinance allowing placement of Temporary Portable Signs October 9, 2007, Item~ Page 3 of 3 Prepared by: Doug Leeper, Code Enforcement Manager, Planning and Building Department H:\BLD~HSG\Code Enforc\Temp Signs in the PROW\Ciry Council Agenda Statement Amend 19.60.060 and 19.60.600,doc 4-3 RESOLUTION NO. PCA-08-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION 'RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 19.60 WHEREAS, the City ofChula Vista has been approached by several concerned residents; and WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public right of way; and WHEREAS, the City of Chula Vista may allow the use of its public rights of way under ordinance and/or City Council Policy; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12 Streets and Sidewalks to allow for the placement of temporary portable signs within designated areas of public rights of way; and WHEREAS, the adoption of an additional chapter to Title 12 will reqUire amendments to Title 19 in order to be fully effective; and WHEREAS, the Environmental Review Coordinator has determined that the proposed ordinance amendment is exempt pursuant to Section 15061 (b)(3)(General Rule) of the State CEQA Guidelines; and, WHEREAS, the Planning Commission set the time and place for a hearing on the proposed amendment and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely Augusta 8, 2007, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and after the item was heard and public comment received the hearing was closed. NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION finds as follows: 1. That well regulated and monitored temporary placement of portable signs in designated portions of public rights of way can be of economic benefit to the community. and 2, Temporary portable signs can be adequately regulated through a proactive code enforcement program. and A TT ACHMENT 1 4-4 3. Recommends that the City Council adopt the ordinance as shown in Attachment "'A", BE IT FURTHER RESOLVED THAT a copy of this resolution and its attachment be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of August, 2007, by the following vote, to- wit: AYES: Tripp, Felber, Moctezuma, Bensoussan, Clayton, Spethman NOES: ABSENT: Vinson ABSTENTIONS: u ?J':n -Bill Tripp, Chair' Diana Vargas Secretary to Planni Commission 4-5 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOWING THE TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF PUBLIC RIGHTS-OF- WAY I. Recitals. WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public rights-of-way in order to protect aesthetics, promote an orderly appearance, and prevent potential traffic hazards, safety hazards and nuisances; and WHEREAS, the City of Chula Vista has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and in assuring safe and convenient traffic and pedestrian circulation on City streets; and WHEREAS, the City of Chula Vista has been approached by several concerned residents who feel they are unable to adequately market their homes via open houses because of the City's existing sign regulations; and WHEREAS, the City of Chula Vista may allow the use of its public rights- of-way under ordinance and/or City Council Policy; and WHEREAS, in an effort to assist in the promotion of local businesses and the sale of real estate within the City, this program permits placement of signs in designated portions of the public rights-of-way during specified dates and times; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12, Streets and Sidewalks, to allow for the temporary placement of portable signs within designated areas of public rights-of-way; and WHEREAS, the strict limitations placed on the temporary placement of portable signs in this ordinance will ensure that: (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; (ii) nuisances and safety hazards are avoided; (iii) the City's risk is limited through an indemnification and insurance requirement; and, (iv) the City's costs associated to administer and enforce the program will be paid for by a permit fee; and ATTACHMENT 2 H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCIL PACKAGE 8-23-Q7.doc - 4-6 Ordinance No. Page 2 WHEREAS, on August 8, 2007, the Planning Commission voted unanimously to recommend passage of the proposed ordinance to the City Council. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: 1. That the proposed Temporary Placement of Portable Signs in Designated Portions of Public Rights-of-Way ordinance be enacted as follows: 12.50. TEMPORARY PLACEMENT OF SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY. 12.50.010 PURPOSE AND INTENT. The purpose of this chapter is to allow limited placement of signs in the public rights - of - way under clearly defined time, place and manner requirements through the use of a permit process. The application and process will set forth the rights and responsibilities of any individual or group that seeks to place signs in the public rights-of-way. 12,50.020 AUTHORITY. California Penal Code section 556 provides that signs may be temporarily placed in public rights-of-way only after the person placing the sign in the rights-of-way has received the lawful permission of the City by permit and in accordance with the restrictions on signs set forth in this section. It shall be the responsibility of the Director of Planning and Building or his or her designee to receive applications and fees, issue permit stickers, and monitor the temporary placement of portable signs. 12.50.030 DEFINITIONS. For purposes of this chapter, the definitions found in chapter 19.60.060 apply. 12.50.040 PERMIT ISSUANCE. A. Except for signs allowed under Section VIII of City Council Policy 465-02, no sign shall be placed within any portion of the public right-of-way without first being issued a Temporary Public Right-of-Way Sign Permit from the City of Chula Vista. To obtain a permit, the requestor/permitee shall: 1. Complete and sign an application form as required by the Director of Planning and Building. 2. Indemnify and hold the City, its officers, employees, and representatives harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct H:\BLD HSG\Code Enforc\Temp Signs in the PROWlCOUNCIL PACKAGE 8-23-07.doc - 4-7 Ordinance No. Page 3 or indirect operations of the Permittees, agents, employees, or other persons acting on the Permittees' behalf for all damages and claims for damages suffered or alleged to have been suffered by reason of the obligations referred to in the Permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this permit. 3. Provide proof of and maintain in force, policies or certificates of insurance, of comprehensive public liability insurance in a combined single limit amount of at least $1,000,000. Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, shall name the City of Chula Vista as additional insured. Lapse of valid insurance shall immediately render void any permit issued pursuant to this section. 4. Remit the permit fee. Permit stickers are issued on a calendar year basis and are not prorated. The fee for the permit shall be set by the City Council. Two permit stickers numbered alike shall be issued for each fee paid so that a permit is visible on each side of every sign. B. Permits are issued to an individual, business, or group and shall not be reassigned or transferred. 12.50.050 TIME, PLACE AND MANNER RESTRICTIONS. Except for signs allowed under Section VIII of City Council Policy 465-02, all Portable Signs are subject to the following conditions: 1. Size. The total face area of each sign shall not exceed twenty-four (24) inches by twenty-four (24) inches in size. Doubled-faced signs are considered a single sign and only require one permit with a permit sticker placed on each side of the sign. 2. Height and Width. The vertical distance measured from ground level to the highest point of such sign or supporting device and the width of the supporting device may not exceed three (3) feet. 3. Type. Signs shall be portable, self-supporting, and of sufficient weight that the sign remains upright and in the same position for the entire time the sign is in the public right-of-way. No portion of the sign or supporting device shall be placed or driven into the ground. Signs and supporting H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCI~ PACKAGE 8-23-07.doc - 4-tl Ordinance No. Page 4 devices shall be maintained in good condition at all times and shall be constructed out of quality weather resistant materials normally used in professional signage. No cardboard or paper signs are allowed. 4. Attachments. Signs and supporting devices may not contain brochure boxes, tear off flyers/coupons, or any similar type of attachment. No balloons, flags, pennants. or similar devices may be attached to a sign or supporting device. 5. Identification. Signs must contain, in legible font, on an area no less than two (2) inches by three and one-half (3%) inches (business card size) the name, mailing address, and contact phone number of the individual responsible for the sign. 6. Permit sticker. Each sign placed in the public right-of-way must have a valid permit sticker affixed to both sides of each sign whether or not it is a double-faced sign. 7. Time. Signs shall only be displayed from Saturday at 6:00 a.m. through Sunday at 6:00 p.m. and on the listed City observed holidays from 6:00 a.m. through 6:00 p.m. January 1 (New Year's Day) The third Monday in January (Martin Luther King Jr Day) March 31 (Cesar Chavez Day) The last Monday in May (Memorial Day) July 4 (Independence Day) The first Monday in September (Labor Day) The second Monday in November (Veteran's day) The third Thursday of November (Thanksgiving Day) The day after Thanksgiving Day December 25 (Christmas Day) 8. Location. No sign shall be placed, displayed, used or maintained: (a) On any sidewalk, walking path, bike lane, street, roadway area, traffic circle, round about, or center median or island area. (b) On public rights-of-way adjacent to streets undergoing active construction, repair, or maintenance including landscape installation. H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCIL PACKAGE 8-23-07.doc - 4-9 Ordinance No. Page 5 (c) In such a manner as to obstruct the view of any official public sign. (d) On any right-of-way if the location obstructs the safe and convenient use by the public of any street, sidewalk, or curbside parkway area. (e) Within five (5) feet of the beginning of the curb return of any intersections, whether the intersections have marked or unmarked crosswalks. (f) Within five (5) feet of a fire hydrant, private or public driveway, traffic signal, traffic sign, USPS Mail receptacle, community mail box, public trash receptacle, designated bus stop/bench, or any other bench on the sidewalk. (g) On any traffic control signs or devices, street light, utility, or communications standards or poles and any of their supporting structures or equipment. (h) In any manner that causes a visual obstruction to traffic that may create a hazard to traffic and/or pedestrians. (i) In any manner that injures, damages and/or destroys any plantings or vegetation within the right-of-way. OJ Within eighteen (18) inches from the face of curb. (k) On any public right-of-way adjacent to streets during special events. (I) In any City park. (m) Within any vision clearance area as defined in CVMC section 12.12.130. 12.50.060 RESPONSIBILITY. For purposes of this section, and in accordance with California Penal Code section 556.4, any and all information that appears on any sign, including, but not limited to, name (business or individual), address, telephone number, or e-mail address, may be used as evidence of responsibility for placement of a sign. Permitees and non-permitees shall be responsible for monitoring sign placement and shall be held responsible should any sign they are responsible for be placed H:\BLD HSG\Code Enforc\Temp Signs in the PROW\COUNCIL PACKAGE 8.23.07.doc - 4-10 Ordinance No. Page 6 or moved to a location that violates any portion of this or any other applicable section of the Chula Vista Municipal Code. 12.50.070 REMOVAL OF SIGNS. Any sign installed, placed, displayed, maintained, or located in violation of this or any other applicable section may be summarily removed by the City or its contractors and discarded. 12.50.090 lOSS OR THEFT. The City is not responsible for loss or theft of signs and/or permit. stickers. 12.50.090 VIOLATION/PENALTY. Violations of this chapter are strict liability offenses regardless of intent. Any person, firm, or corporation that violates any portion of this section may be subject to prosecution and/or administrative enforcement under chapters 1.20 and 1.41. 12.050.100 APPEALS. Any person aggrieved by any of the requirements of this section may appeal insofar as such appeal is allowed under chapter 1.40. II. Severability. The City Council declares that should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. III. Effective Date. This ordinance shall take effect and be in full force on the sixtieth day from and after its second reading. Presented by Approved as to form by James D. Sandoval Director of Planning and Building Ann Moore City Attorney H:18LD HSGICode EnforclTemp Signs in the PROWlCOUNCIL PACKAGE 8-23-Q7.doc - 4-11 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 I. Recitals. WHEREAS, the Chula Vista Municipal Code currently prohibits the placement of signs in the public rights-of-way in order to protect aesthetics, promote an orderly appearance, and prevent potential traffic hazards, safety hazards and nuisances; and WHEREAS, the City of Chula Vista has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and an interest in assuring safe and convenient traffic and pedestrian circulation on City streets; and WHEREAS, the City of Chula Vista may allow the use of its public rights- of-way under ordinance and/or City Council Policy; and WHEREAS, in an effort to assist in the promotion of local businesses and the sale of real estate within the City, this section sets forth a limited opportunity to place signs in designated portions of the public rights-of-way during specified dates and times; and WHEREAS, the City of Chula Vista has proposed a new chapter be added to Title 12, Streets and Sidewalks, of the Municipal Code to allow for the temporary placement of portable signs within designated areas of public rights- of-way; and WHEREAS, the strict limitations placed on the temporary placement of portable signs in this ordinance will ensure that: (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; (ii) nuisances and safety hazards are avoided; (iii) the City's risk is limited through an indemnification and insurance component, and; (iv) the City's costs associated to administer and enforce the program will be paid for by a permit fee; and WHEREAS, the passage of the proposed addition to Title 12 will be in conflict with existing language in Title 19 sections 19.60.060 and 19.60.600; and WHEREAS, the height and placement restrictions on residential for sale signs in Title 19 are outdated and do not reflect the current neighborhood development or industry standards; and 4-12 WHEREAS, on August 8, 2007, the Planning Commission voted unanimously to recommend passage of the proposed ordinance to the City Council. NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: 1. That the proposed amendments be added to Title 19 sections 19.60.060 and 19.60.600 as follows: 19.60.060 Definitions. "Balloon" means any rubber. plastic. Mvlar or other material capable of beina inflated with air or other aas. "Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any sign that is not maintained, or is not used to identify or advertise an ongoing establishment, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of the 15-year amortization period provided for in this chapter; and (e) any sign that is in violation of the provisions of this chapter m any sian that is in violation of 12.50 CVMC. "Pennant" means any liahtweiaht plastic, fabric. or other material. whether or not containina a messaae of any kind. suspended from a rope, wire. strina. stick or pole whether individuallv or in a series, desianed to move in the wind and draw attention to a sian. place, product and/or event "Streamer" see pennant "Temporary Public Riaht of Way Sian Permit" means the official self-adhesive serialized stickers. which contain the City 1000 and appropriate calendar year issued bv the City under CVMC 12.50. 19.60.600 Specialty signs. The signs described in this section are based on the legal use of the land on a particular parcel. C. Real Estate Signs. On any parcel or separately rentable portion thereof, sign(s) pertaining to economic transactions 4-13 regarding the property (such as sale, rental, lease, exchange, etc.) is allowed, subject to the land owner's consent and: 1. Maximum Sign Area. Commercial and industrial zones, 32 square feet; agricultural zones, 32 square feet for undeveloped acreage of one acre or more, otherwise 4.5 square feet; residential zones, 4.5 square feet. 2. Height, If Freestanding. No freestanding sign shall exceed 10 feet in height in any commercial or industrial zone or in the agricultural zone for undeveloped acreage of one acre or more. In all other zones, the maximum height shall be limited to ~ Q feet. 3. Number of Signs. Through lots shall be allowed one sign on each street. Corner lots shall be permitted one sign only. 4. Setback. Freestanding signs shall maintain :3 10 foot setback from all property lines not violate the Vision clearance - Intersection requirements in CVMC 12.12.120 and/or the Vision clearance - Drivewav requirements in CVMC 12.12.130. 5. Vacancy Signs. Real estate signs reflecting the vacancy status and availability of commercial or industrial space within a structure designed for multiple occupancy, whether through rental, sale or lease, shall be limited to a maximum sign area of 16 square feet. Not more than one sign may be used facing a dedicated street. The sign may be attached flat against the building or be part of a permitted freestanding sign if designed to be part of said sign and providing the total sign area does not exceed the area permitted for the freestanding sign. 6. Location. On the property to which the sign pertains, or on other private property with the consent of that property owner or as permitted in CVMC 12.50. 7. Open House Signs - Special Rules. Off-premises temporary real estate open house signs are allowed permitted within all residential zones subject to: a. No more than five off-premises open house signs shall be allowed for each residential open house which occurs, except as permitted in CVMC 12.50. b. No more than one sign shall be allowed to be placed on any interior parcel and no more than two on a corner lot (one per street frontage). c. Off-premises open house signs shall only be displayed during daylight hours except as permitted in CVMC 12.50. d. Signs shall be no larger than four square feet and shall be located at minimum of three feet from the sidewalk or 10 feet from the curb or edge of pavement, where no sidewalk exists except as permitted in CVMC 12.50. e. An off-premises temporary real estate open house sign shall only be permitted in conjunction with an open house held for the resale of one single-family residence. 4-14 f. Off-premises signs advertising the sale of more than one lot or more than two dwellings constitutes a subdivision directional sign subject to the regulations outlined in subsection (E)(3) of this section. g. Off-premises open house signs are prohibited within the public right-of-way exceot as oermitted in CVMC 12.50. II. Severability. The City Council declares that should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. III. Effective Date. This ordinance shall take effect and be in full force on the sixtieth day from and after its second reading. Presented by Approved as to form by James D. Sandoval Director of Planning and Building ~~~~\} Ann Moore City Attorney H:IBLD_HSGICode EnforclTemp Signs in the PROWlCOUNCIL PACKAGE 9-4-07.doc 4-15 Dear Councilmember, 7/17/07 We are writing to you in hopes of persuading you, the City of Chula Vista to take into consideration our position and our needs before any decision on the rezoning of the 32 Mobile home Parks into high density / multi - use land. The zoning should remain as Mobile home Only Parks until you have a realistic solution for the Mobile home residents. Before rezoning the owners need to pay Fair Market Value and relocation for For the low-income families. The Hardship this will put on thousands offamilies with nowhere to go, and unable to pay, other than what we pay now is unacceptable and un-American to our own people. We have been working so hard to pay for our home, and now you will allow it to be taken away. Leaving Thousands of Families Homeless. At this time Mobile homes are the ONLY solution for the low-income area. If you rezone, where will be the LOW-INCOME area? Thank you for your time. We know that we count on you to protect the people. Thank you, Residents of the thirty - two Mobile home Parks Name Park I p i.1M\ e 11"1"" ~ ~ c4;(j j),wrl) S ~,,(/'J ft-/ -:K811 \ f-fA,lJh0C VlYI'f ;;a_~~ A~-s. 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