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HomeMy WebLinkAbout2007/11/06 Item 1 DRAFT MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE CHULA VISTA REDEVELOPMENT CORPORATION September 4, 2007 6:00 P.M. Adjourned Regular Meetings of the City Council and the Chula Vista Redevelopment Corporation were called to order at 6:16 p.m. in the Police Department Community Room, 315 Fourth Avenue, Chula Vista, California. ROLL CALL: Councilmembers: Castaneda, McCann, Ramirez, Rindone (arrived at 6:10 p.m.), and Mayor Cox Chula Vista Redevelopment Corporation Directors: Munoz, Paul, Reyes, Rooney, Salas, and Chair Lewis ABSENT: Chula Vista Redevelopment Corporation Director Desrochers ALSO PRESENT: City Manager/Executive Director Garcia, City Attorney/General Counsel Moore, City Clerk Bigelow, Senior Deputy City Clerk Peoples, Acting Community Development Director Hix, Redevelopment Manager Crockett, Principal Community Development Specialist Lee, and Planning and Building Director Sandoval PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS Steve Molski, Chula Vista resident representing the Coalition of Mobilehome Owners, asked the Mayor and Council to review and bring back a report for mobilehome park tenants on Assembly Bill 1542 (Evans) and "Senate Bill 981 (Padilla). CONSENT CALENDAR (Item 1) 1. APPROVAL OF MINUTES of the City Council and Chula Vista Redevelopment Corporation for March 22, 2007, April 12, 2007, Apri126, 2007, May 24,2007 and June 14,2007. Staff recommendation: The City Council and CYRC approve the minutes. ACTION: Deputy Mayor Rindone moved to approve the minutes. Councilmember Castaneda seconded the motion, and it carried 8-0-3 on the minutes of March 22, April 12, May 24 and June 14, with Directors Munoz, Reyes and Salas abstaining because they were not on the CVRC at the time of the meetings; and 7-0-4 on the minutes of April 26, with Councilmember Castaneda abstaining because he was not present at the meeting and Directors Munoz, Reyes and Salas abstaining because they were not on the CYRC at the time of the meetings. !It~j DRAFT WORKSHOP 2. Discussion on the Reorganization of Community DevelopmentJRedevelopment and the Roles and Responsibilities of the Chula Vista Redevelopment Corporation. City Manager/Executive Director Garcia discussed the proposed reorganization of the Community Development Department into the Redevelopment Agency and Housing Authority, which would also provide staffing for the CYRC and Redevelopment Advisory Committee (RAe). The Community Development Department would be replaced by Redevelopment, which would have the primary responsibility for implementing the redevelopment plan in ChuIa Vista. Planning functions would be placed back under the Planning Department, economic development would be centralized in the City Manager's office, and the Executive Director position would be eliminated. The City Manager would continue to hold the responsibilities of both the City Manager and Executive Director of the Redevelopment Agency. Additionally, there would be a Deputy Director position in charge of administration. The proposal also included the removal of staff from under the City umbrella to become at-will employees of the Redevelopment Agency. The redevelopment and housing project staff assignments were then presented, along with the roles and responsibilities of the CYRC. Also proposed were adding tentative maps to the planning side; and the ability to enter into contracts with consultants, contractors and vendors, solicit participation by developers through requests for quotes and requests for proposals, and acquire property, not through eminent domain on the redevelopment side. Next, City Manager Garcia outlined the current process to approve a tentative map and the proposed delegation of tentative map approvals to the CYRC in order to streamline the process. The current process is a very intensive public participation process in that a project has to go before the Redevelopment Advisory Committee, through the public hearing process, then the CYRC reviews it and goes through the decision-making process, and then another hearing and review is held at the Council level. The overall process for the developer is 90-120 days, and the proposed change is being recommended to reduce this time by one-third. City Manager/Executive Director Garcia then reviewed the proposed additions to the CYRC roles and responsibilities. CounciImember Ramirez asked that color copies be provided in the future when staff reports state that there are distinguishing colors. City Manager/Executive Director Garcia clarified that the items presented were only recommendations. If the Council decided to move forward with the recommendations, staff would incorporate them into the bylaws and bring them back for adoption. CounciImember Castaneda expressed concern about the bylaws, which were established when it was envisioned that the Council would be part of the process; they provided more latitude because five publicly-elected officials were on the board. City Manager/Executive Director Garcia restated that the Redevelopment Agency was a failed process that was not working and needed to be fixed. The proposed structure would ensure that projects moved forward to a successful completion. Page 2 - Council Mioutes IA-2- September 4, 2007 DRAFT WORKSHOP (Continued) Councilmember Ramirez commented that the failure of the Redevelopment Agency was due to the lack of public trust. City Manager Garcia confirmed the lack of trust due to the failures over many years. He explained that the Agency depended on private sector funding, so the dynamic needed to be changed to convince the community, as well as the developers and banks, that redevelopment in Chula Vista was a good thing. The proposed reorganization and recommendations would assist in accomplishing this. In concluding his presentation, City Manager Garcia stated that staff also wanted to include an appeal process to address concerns with decisions made by the CYRC. Such a process would mirror the Planning Commission appeal process, and decisions would be appealable to the City CounciL Susan Luzzaro, Chula Vista resident, requested a reevaluation of the selection process for Redevelopment Advisory Committee members, stating it was not appropriate to have real estate lobbyists serving on the committee. She also encouraged the Council not to give up its decision- making powers. Steve Molski, Chula Vista resident, stated that he d~d not see any blighted areas in Chula Vista; that he was opposed to the Council granting authority to anyone, especially outsiders; and that the working class people needed more consideration. Councilmember Ramirez stated that it was important for the public to understand that the elected officials were accountable to the public, and that the City Manager was accountable to the Council and did not do anything unless instructed to do so by them. He further stated that the public needed to hold the Council accountable. Norberto Salazar, Chula Vista resident representing the Southwest Chula Vista Civic Association, stated that giving the CYRC additional authority was a bad idea. Political appointees who were not accountable to the public should not be allowed to make decisions. Jackie Lancaster, Chula Vista resident, stated that most of the tax increment went back to the Redevelopment Agency for more redevelopment and not the citizen's benefit. Further, citizens did not want the City to become a grid-locked metropolis; and the Council should represent the citizens and not have the CYRC making decisions or it will become a Centre City Development Corporation as in San Diego, with the City being turned over to developers. Theresa Acerro, Chula Vista resident and President of the Southwest Chula Vista Civic Association, stated that her membership voted to dissolve the CYRC and had concerns with any decision-making process being turned over to a body not comprised of Chula Vista residents. She further stated that the Council was distancing itself, thereby creating a greater lack oftrust. Patricia Aguilar, Chula Vista resident representing Crossroads II, stated that her organization supported the proposed staff reorganization, but did not support the proposed increase in responsibility to the CYRC, especially with regard to planning functions. I Peter Watry, Chula Vista resident, stated that the Council could not delegate final authority to people who lived outside the City, as it was illegal, and if not, it was wrong and unacceptable to have someone who lives elsewhere make final decisions over elected officials. Page 3 - Council Minutes September 4, 2007 I f\ .3 f j'~ ....- ;- , DRAFT WORKSHOP (continued) Frank Zimmery, Chula Vista resident, stated that the Council assured residents that its members would sit on the CVRC to protect the interests of Chula Vista citizens, and that the Council would be the authoritative body of the Redevelopment Agency, but the proposal placed the authority in the hands of the CYRe. He proposed that, rather than looking at ways to expand the CVRC, the Council should look at ways to eliminate it, as it was not responsible to the citizens and the proposal was regressive. Further, he stated that elected officials held the responsibility and should not delegate it to others. Pamela Bensoussan, Chula Vista resident representing the Northwest Civic Association, stated that her organization supported the recommendations to eliminate the Community Development Department and reorganize staff. Further, there was a big need in the west for park acquisition and development fees and transportation development impact fees like in the east, which, when put into place, would have a positive effect. Lastly, she stated that trust could not be grown in the community without keeping the pledge of accountability and by transferring the tentative map decision making to the CYRC. Earl Jentz, Chula Vista resident, provided his perspective on redevelopment, stating that more and not less accountability was needed. Tax increment funds needed to go to the community, and the shifting of responsibility as proposed created distrust. Mr. Jentz then provided a handout from his attorney that stated that Chula Vista Charter Section 602( d) requires all members of City boards and commissions with decision-making authority to be City residents. City Attorney/General Counsel Moore responded to the comments and handout, stating that the Charter provision quoted pertained to City boards and commissions, not non-profit corporations such as the CVRC. Further, under the Map Act, the Council was allowed to delegate responsibility if the decision was made to do so. It would be delegated by ordinance to the non- profit, which was different than what was in the Charter. Further, when the CYRC was formed, research was found in court cases that allowed governmental agencies to delegate to non-profit corporations, and there were case law and Attorney General decisions that stated there was no requirement for members to be residents of the City. Additionally, decisions made by the CYRC were appealable to the Council, so they were not considered to be final decisions. Peter Watry, Chula Vista resident, stated that the City Attorney was wrong. The City of San Diego delegated a lot of authority to the CCDC, and to be on the CCDC, members were required to be residents of the City of San Diego. Kevin O'Neill, Chula Vista resident, stated that the Redevelopment Agency attempts had been dysfunctional, and something had to be done to move forward. Redevelopment and development would be the salvation of the City, and industry and commerce were needed in order to provide jobs and sales tax to the City to allow for the things that everyone wanted. He encouraged the Council to try something new. Jose Preciado, Chula Vista resident and president of the South Bay Forum, stated that he cared deeply about the recommendations and concerns of those who had spoken prior to him, but that everyone needed to work together to move forward and meet the challenges facing the City. Mr. Preciado stated that while he did not see the appointees as negative individuals in the process, he was concerned about delegating authority, as the speakers before him had expressed concerns about trust. Page 4 - Council Minutes 111- 4 J I ' i September 4, 2007 DRAFT WORKSHOP (Continued) Jack Stanley agreed that the Redevelopment Agency had not worked, stating that Chula Vista was, without question, the worst place to get a permit. He stated that a policy needed to be established for a property owner whose plans met code to -be able to have a permit within two weeks. Josie Calderon, Chula Vista resident representing the Mexican American Business Association, stated that citizens needed to trust the judgment of the Mayor and Council in appointing members to the CVRC who will do the right thing, and she cited CYRC Director Paul as one of the strongest advocates for the South Bay. Ms. Calderon acknowledged that change was hard, but that the Council was elected to make decisions for those who elected them to do so. Although many citizens were present at the meeting, there were many more who do not speak out or attend meetings, but who requested change and elected the City Council to bring that change as they see fit. People needed to trust those who are appointed by their elected officials. Susan Lazarro, Chula Vista resident, stated that the logic of "streamlining" was not solid, was basically disenfranchising residents, and that there needed to be more real public participation. She then stated that two members of the RAC were paid lobbyists and had already made decisions on projects prior to hearing public input. At 8:07 p.m., Mayor Cox recessed the meeting. At 8:22 p.m., she reconvened the meeting with all members except Director Desrochers present. She asked staff to respond to comments by speakers, as follows: I) what money from the Redevelopment Agency is used for, 2) who has final authority on a project, 3) whether the UCSP plan was flawed, 4) the appeal process to the City Council, and 5) how the recommendations provide more accountability. Redevelopment Manager Crockett explained historically how redevelopment monies have been used, the majority towards the bayfront. Councilmember McCann suggested that the historical perspective be updated and reintroduced to the RAC, CYRC, and public groups. He then reiterated that successful redevelopment would provide funding to fill potholes, build sidewalks and streets where there are none, and attract restaurants. City Manager Garcia said he believed there were ways to improve the Urban Core Specific Plan. While he was not yet with the City during the process, he understood that there were some things that were not addressed or delayed, but he felt there was nothing that could not be fixed. He also explained that the Council would still have the final authority on all decisions for a project. The key would be to have the teclmical work in terms of soliciting developers, initial plans, dealing with architects and engineers, conceptual development, and the nuts and bolts of developing redevelopment projects be vested with the CVRC. The final authority on the approval of developers, development agreements, financing plans, and redevelopment projects would still be vested with the Council, particularly with regard to money, financing and land use changes. He also commented that the appeal process was designed to allow people who were not satisfied with a decision made by the CYRC (developer or community group) to appeal that decision to the Council, similar to the process utilized with the Planning Commission. Councilmember Ramirez asked why autonomy, as mentioned in the staff report, was important. Mr. Crockett explained that the idea was to work in the public eye, move projects forward, and reach decisions using Council direction as identified in the strategic plan and budget in order to eliminate redundancies in the process. City Manager Garcia further explained that the autonomy meant to refer merely to organizational autonomy, meaning that staff would work for the Executive Director of the CYRC. Page 5 - Council Minutes IA-':J September 4, 2007 DRAFT WORKSHOP (continued) CYRC Chair Lewis requested comments by CVRC members. Director Munoz, a licensed civil engineer, stated that normally a tentative map was 100% prepared by staff following City ordinances, codes and municipal requirements. It then went to the governing authority for final approval, and the conditions of approval were built into the final map. A licensed civil engineer would then be required to sign and stamp the map. He stated that two licensed civil engineers currently serve on the CYRC Board, and both were familiar with the process. Lastly, he stated that he hoped, as a CYRC Director, to use his expertise and knowledge to present projects to the Council for final approval. Director Salas stated that he had applied to be on the CYRC Board due to concerns about what was and was not happening on the west side of Chula Vista. He had observed an influx of "poverty retail," such as check cashing businesses that did not sustain a living wage. Further, he was committed to looking at a project to determine if it would benefit those living in the area today; if not, he would not support the project. He mentioned that trust was paramount, and the Council needed to trust those they appointed. The Council would continue to control the purse strings, set policy and make the final decisions. Councilmember Ramirez stated for the record that while he trusted all of the CYRC members, the community needed to trust the Council; and he believed it was the responsibility of the Council to build the trust with the community so that the City could move forward. He said he believed the trust needed to be built prior to passing on tools to the CYRC. Director Paul stated that the seven CVRC Directors had a combined professional experience of over 200 years, offered gratis to the community as public servants. The Directors took their positions on faith that the City as a whole wanted redevelopment to succeed. He believed that because of Chula Vista's size and location, there was ample opportunity to put money into the City and address community needs. He stated that more should be done to invite both public and private partnerships to invest in infrastructure; and that developers would come when they felt there was a degree of fairness and they could obtain a return on investments. He pointed out that redevelopment was successful in many cities throughout the state and should be given a chance in Chula Vista. Director Reyes stated that he was a Chula Vista resident and business owner investing his personal time in the community, and that he saw the need to streamline the process and make it simple in order to make it successful. He encouraged anyone interested to contact him directly, should they want to get to know him better or if they had any questions. Director Rooney stated that he chose to become involved because of the possibility of making exciting things happen in the City, and that his heart was here, even though he was not a resident. He described his expertise in architecture/planning and expressed his view that the CCDC was not a bad example of redevelopment. He stated that he was committed to listening to the community and would not ignore Council direction or citizen input. He said that tentative maps would be evaluated based on the General Plan and Urban Core Specific Plan and would have to conform to all requirements therein. Having served on the CVRC for the last two years, he said he had experienced the lack of results due to a structure that bogged projects down, and he commended the Council and City Manager for taking action to remedy the situation. Page 6 - Council Minutes September 4, 2007 tA-& DRAFT WORKSHOP (continued) Chair Lewis stated that the CYRC members had tried to work as a tool for the Council to get something done that had not been successfully done before and also to help the Council earn the community trust. If the proposed changes would facilitate and expedite the process, making sure projects went forward with limited obstacles, and provided predictability on the part of the Council, staff and community, they would be welcome changes. Further, he stated that responsibility and accountability could not be delegated, only authority. Successful private- sector companies appoint people to make decisions and then they get out of their way and allow them to do what they do. The results are that everybody wins. He encouraged the Council to vest the CVRC with responsibilities and then let them get the job done. Councilmember Ramirez stated that Chairman Lewis' comments were compelling except he believed that trust was not yet earned, a good framework had not yet been established, the Urban Core Specific Plan was horribly flawed, and fundamental elements were missing in order to be able to go forward. He believed the CYRC members were the experts, but that the Council had to build trust with the community before handing off responsibility. Councilmember Castaneda stated that he was struggling to come up with the right mix to create the right environment for the CYRC so that when the projects came forward, they could be reviewed and the right decisions made for the community. He expressed concerns regarding finances and what property might be purchased during the course of the year, and the types of contracts that could be let. He said he would like to limit contracts on consultants to be land-use only. He then thanked the CYRC members and expressed his trust in them for committing their time to try to help the City. Councilmember McCann spoke regarding the need for everyone to work together to bring good things to the west side, while facing certain facts like the budget shortfall, decaying streets, and boarded-up restaurants and businesses. He stated that he believed that there were more things agreed upon than disagreed upon, and that now was the critical time, since if something is not done, the west side and older areas would become more costly and difficult to revitalize. The only option was for everyone to come together as a community and tackle it now. Further, he stated that a well-run redevelopment program was needed to provide quality projects and attract restaurants, bookstores, and amenities that were wanted. Deputy Mayor Rindone summarized that there was agreement that the Redevelopment Agency had not achieved the expected goals over the years, that changes needed to be made to jumpstart the process, and that the RAC had been an excellent outcome of the process. He further stated that he saw the potential to structure a process that was significantly beneficial to the community. With the redesign of the CYRC, he saw seven outstanding members committed to assisting the City. He did not believe the concern about the tentative map was as critical as eliminating what he viewed as the major distraction that had caused the Redevelopment Agency to be unsuccessful, which was lack of direction on the part of the staff and the Council. He then noted that the new City Manager came from the largest redevelopment agency in California and understood the value of the agency and how to accomplish what needed to be accomplished to be successful. In closing, he stated he was encouraged about a new City Manager who wanted to make a difference; a City staff being reorganized to provide the process; a strong community voice via the RAC; an area of expertise second to none, and similar to a lot of other successful city redevelopment agencies, assembled in this City, unique to this City, and very dedicated to this City; and a commitment from the Council to do whatever was possible to move redevelopment forward. Page 7 - COWlcil Minutes September 4, 2007 IA-7 DRAFT WORKSHOP (continued) Councilmember Ramirez stated he was optimistic but felt that the downside to not spending the time and making the effort to get and build consensus with_ the community upfront would make things counterproductive. Further, he stated that there was a gap in accountability, and to remove the decision making a step further would not be good for the community at this time. Mayor Cox noted a memo from the City Attorney stating that the legislative body could not delegate its essential legislative functions, such as making or changing laws, but could delegate the quasi-legislative, quasi-judicial and administrative functions as long as there were standards in place. She then reviewed the proposed changes to the CYRC roles and responsibilities, stating that she fully supported the City Manager's recommendations, as he was hired based on his experience and expertise. She suggested that the CYRC hold a joint workshop with the RAC to talk about their working relationship. She also encouraged the Council to direct the City Manager to work with the City Attorney to revise the bylaws so that the substance of the decisions could be forwarded to the CVRC, putting the tentative map in a holding pattern only if necessary. City Manager Garcia stated that he would proceed with drafting the bylaws and present them to the CYRC for approval and recommendation to the Council for amendments, deletions and formal action. OTHER BUSINESS 3. CITY MANAGER'S REPORTS City Manager Garcia advised the Council that the City was in the midst of a budget challenge and that he had spoken with the bond insurers and reassured them that the problem would be under control, with a plan in place by the end of the calendar year and the shortfall corrected by the end of the fiscal year. Additionally, he had met with over 600 City employees over the past few weeks and implemented four major initiatives, which were to make the hiring freeze permanent; look at department reorganizations that affect seven departments, including the City Manager's Office; propose an early retirement program being developed by Human Resources; and request all departments to prepare plans to reduce their expenditures by 10%. Work sessions would be held with the Council in October, and approval would be requested the first of November. Additionally, he stated that everyone in the organization was engaged in the discussions, and that he had met with the unions, Department Heads, and managers, who were all working to present solutions. 4. MA YOR'S/CHAIRMAN'S REPORTS Mayor Cox stated that the Department of Mayor and Council would also be looking at a 10% budget reduction, and she anticipated having an item on the agenda in October for the Council's consideration. Chair Lewis stated that he was pleased to have not only a new City Manager but also a Chief Executive Officer, in the truest sense of the word, to assist with redevelopment and that he and the CVRC Board welcomed City Manager Garcia and looked forward to having a close working relationship with him. Page 8 - COWlcil Minutes (if -5' September 4, 2007 DRAFT OTHER BUSINESS (Continued) 5. COUNCIL COMMENTS Councilmember McCann thanked the public and CYRC members, as well as City Manager Garcia, for their participation in the workshop. ADJOURNMENT At 9:57 p.m., Mayor Cox adjourned the City Council to the Regular Meeting of September 11, 2007 at 6:00 p.m. in the Council Chambers, and Chair Lewis adjourned the Chula Vista Redevelopment Corporation to its Regular Meeting of September 27, 2007 at 6:00 p.m. in the Council Chambers, noting that the Regular Meeting of September 13, 2007 had been cancelled. ~~ ~V~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 9 - Council Minutes September 4, 2007 1,4-1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 11, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann and Mayor Cox ABSENT: Councilmembers: Ramirez (excused), Rindone (excused) ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY FIRE CHIEF PERRY, OF EMPLOYEE OF THE MONTH, ALICIA HERNANDEZ, ADMINISTRATIVE SECRETARY Mayor Cox read the proclamation, and Councilmember McCann presented it to Ms. Hernandez. Councilmernber Castaneda congratulated Ms. Hernandez on her exemplary service, and also recognized all the honorees at the Fire Department's recent awards ceremony. . OATHS OF OFFICE Duane Bazzel, Growth Management Oversight Commission Stan Canaris, Growth Management Oversight Commission Bertha Lopez, International Friendship Commission Guy Chambers, Parks and Recreation Commission Israel Garza, Parks and Recreation Commission City Clerk Bigelow administered the oaths of office to Duane Bazzel, Bertha Lopez, Guy Chambers, and Israel Garza; and Councilmember McCann presented them with certificates of appointment. Mr. Canaris was not present at the meeting. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO FIRE CHIEF PERRY AND POLICE CHIEF EMERSON PROCLAIMING SEPTEMBER 11, 2007 AS NATIONAL PATRIOT DAY, A CITYWIDE DAY OF HONOR AND SUPPORT Mayor Cox read the proclamation in recognition of those whose lives were lost and the search and rescue efforts of the September 11,2001 tragedy. Mayor Cox and Councilmembers McCann and Castaneda then presented the proclamation to Fire Chief Perry and Police Chief Emerson. /8-1 SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY BRENDAN REED AND ROMAN PARTIDA-LOPEZ ON THE CITY'S NATURES CAPE PROGRAM WHICH PROMOTES NATURE-FRIENDLY LANDSCAPING AND GARDENING IN THE COMMUNITY Environmental Resource Manager Reed presented the new community-based program that promotes nature-friendly landscaping and gardening. · PRESENTATION BY LYNN FRANCE, ENVIRONMENTAL SERVICES MANAGER, OF THE BEAUTIFY CHULA VISTA PROGRAM Environmental Services Manager France made a presentation about the program. Morgan Justice-Black, representing I Love a Clean San Diego, explained the process for online registration. The event will be held on October 6,2007, from 8:00 a.m. to noon, at Harborside Park, 670 Oxford Street. CONSENT CALENDAR (Items 1 through 5) 1. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Rudy Ramirez, requesting an excused absence from the City Council Meeting of September 11, 2007. Staff recommendation: Council excuse the absence. B. Letter of resignation from Nancy Batterman, member of the Housing Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. C. Letter of resignation from Guy Chambers, member of the Board of Ethics, effective September 20,2007. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. ORDINANCE NO. 3081, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3 P-9, APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN STANDARDS (SECOND READING) Adoption of the ordinance modifies the zone designation and adopts a Precise Plan Development Standard, making the current land use conform with the industrial land use designation and policies of the General Plan. This ordinance was introduced at the Council meeting of August 14,2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes September 11, 2007 10-2 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2007-228, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF- CHULA VISTA AND NBS GOVERNMENT FINANCE GROUP, DBA NBS, FOR SPECIAL TAX CONSULTANT SERVICES FOR THE FORMATION OF AN INFRASTRUCTURE FINANCING COMMUNITY FACILITIES DISTRICT WITHIN OTAY RANCH VILLAGE TWO PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Adoption of the resolution approves an amendment to an agreement with NBS, the City's special tax district administrators, to include the formation of an infrastructure community facility district within Otay Ranch Village Two, pursuant to the Mello-Roos Community Facilities Act of 1982. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2007-229, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 05-16, OTAY RANCH VILLAGE 6 MARQUIS UNIT 1, PLANNING AREA MU-2, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution approves the Planning Area MU-2 final map within Otay Ranch Village 6 by Otay Ranch Fourteen, LLC, a Delaware limited liability company. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2007-230, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RBF CONSULTING FOR THE PROVISION OF CIVIL ENGINEERING AND SPECIAL INSPECTION SERVICES FOR THE EASTLAKE P ARKW A Y SEWER CONNECTION PROJECT (KY-709) AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY Approximately 350 lineal feet of 12" sewer pipe needs to be installed by means of tunneling under several large-diameter water aqueducts and other utilities. Due to the complexity of this construction method and the sensitivity of the adjacent utilities, it is necessary that the City hire a highly qualified consultant to provide design plans, construction specifications, cost estimates (PS&E) and special inspection services required to facilitate the proper installation of the sewer pipeline. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 3-0. Page 3 - Council Agenda September 11, 2007 //3-3 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Parks Pemberton spoke about the groups that seemed to be jockeying for a position regarding the proposed Gaylord project on the bayfront and stated that perhaps it might be time to move on. He further stated that the City needed to stand up for its blue-collared workforce. PUBLIC HEARINGS 6. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) 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 completed the preliminary design and cost estimates for the project. The Council previously adopted resolutions that accepted the petition, approved the proposed boundary map and preliminary assessment engineer's report, set a public hearing, and ordered the initiation of ballot proceedings. Adoption of the resolution declares the results of the assessment ballot tabulation, makes findings, and orders the construction of improvements. (Engineering and 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. At 6:40 p.m., Mayor Cox announced that the item would be trailed until the City Clerk completed the ballot tabulation. At 7:00 p.m., consideration ofItem 6 resumed. Engineering and General Services Director Griffin reported that the City received 37 ballots for the 61 parcels, 31 votes in favor and 6 votes opposed. The 31 votes in favor represented only 40 percent of the weighted votes; therefore, the election failed, and the assessment district could not be formed. He recommended that the Council take no further action on the item but direct staff to schedule the certification of the results of this election at a future meeting and explore whether or not a second election would be warranted. The Council concurred with the recommendation. 7. CONSIDERATION OF WANING MINOR IRREGULARITY ON THE BID RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR- 288)" PROJECT PER CITY CHARTER SECTION 1009 Page 4 - Council Minutes 1,8-'1 September I I, 2007 PUBLIC HEARINGS (Continued) On July 25, 2007, the General Services Director received five sealed bids for the Eucalyptus Park security lighting project (PR-288) in Eucalyptus Park at Fourth Avenue and C Street. (Engineering and 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 were no members of the public who wished to speak. ACTION: Councilmember Castaneda moved to continue the hearing to the meeting of September 18, 2007. Councilmember McCann seconded the motion, and it carried 3-0. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Garcia announced that Deputy Mayor Rindone was absent from the meeting on personal business, and Councilmember Ramirez was absent due to City business in Indiana. 9. MAYOR'S REPORTS Mayor Cox announced that the Citizens' Leadership Academy received 60+ applications for 30 spots and would start a week from Wednesday. She stated that a second academy was proposed to be offered in the spring. 10. COUNCIL COMMENTS Councilmember McCann congratulated the Fire Department on its recent awards ceremony, and then congratulated all the award recipients. At 6:42 p.m., Mayor Cox recessed the meeting. It reconvened at 7:00 p.m., with all members present. Item 6, which had been previously trailed, was actually heard at this time. At 7:03 p.m., Mayor Cox recessed the Council to Closed Session. CLOSED SESSION 11. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three cases Two cases were discussed, and no reportable action was taken. Page 5 - Council Agenda September 11, 2007 I r> ,.-- ,I,v - :::J ADJOURNMENT At 7:35 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of September 18,2007, at 6:00 p.m. in the Council Chambers. ~ ~~ Lorraine Bennett, CMC, Dep;CitY Clerk' Page 6 - Council Minutes /8-6 September 11, 2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 18, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula 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 (arrived at 6:04 p.m.), McCann, Ramirez, and Mayor Cox ABSENT: Councilmembers: Rindone ALSO PRESENT: City Manager Garcia, City Attorney Ann Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO STEVE FULLER COMMENDING FULLER'S PLUMBING FOR THEIR 50TH ANNIVERSARY OF BUSINESS IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Mr. Fuller. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BERTO TEJEDA, JOE VALDEZ AND LARRY DENSON, COMMENDING THE CHULA VISTA GREEN SOX BASEBALL TEAM RECOGNIZING THEIR RECENT TRIPLE CROWN WORLD SERIES TOURNAMENT IN COLORADO Mayor Cox read the proclamation, and Councilmember McCann presented it to Mr. Tejeda and the Green Sox team members. CONSENT CALENDAR (Items 1 through 9) Mayor Cox announced Items 2 and 8B would be removed from the agenda at the request of staff. Councilmember Castaneda requested that Consent Calendar Item 1 be removed for discussion. 1. This item was removed from the Consent Calendar for discussion. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 DIG-OUTS & CHIP SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INC. IN THE AMOUNT OF $3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT I ~ -/ DRAFT CONSENT CALENDAR (continued) On September 12, 2007, tbe General Services Director received sealed bids for tbe 2006/2007 pavement rehabilitation program dig-outs and chip seal project (STL-340A). The work consists oftbe removal and replacement of damaged asphalt concrete pavement "dig-outs" and, as an alternative bid item, chip seal pavement coatings on various pavement locations in tbe City. Project work also includes striping, traffic control, and otber miscellaneous work, all labor, material, equipment, and transportation necessary for tbe project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2007-232, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. FOR THE SALT CREEK COMMUNITY PARK CAPITAL IMPROVEMENT PROJECT, PR251, INCREASING THE GUARANTEED MAXIMUM PRICE (GMP), APPROVING CHANGE ORDER NO. 1 AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) The Council previously approved a design build agreement with Rudolph and Sletten, Inc. for tbe Salt Creek Community Park capital improvement project. Adoption of tbe resolution amends tbe guaranteed maximum price for additional services as recommended by staff and also amends tbe completion date. (Engineering and General Services Director) Staff recommendation: Council adopt tbe resolution. 4. RESOLUTION NO. 2007-233, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $59,379 IN UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING - BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTNITIES GRANT PROGRAM (4/5THS VOTE REQUIRED) The California Department of Conservation, Division of Recycling (DOR) distributed $10.5 million for fiscal year 2007/2008 to eligible cities and counties specifically for beverage container recycling and litter clean-up activities. Each city was eligible to receive a minimum of $5,000 or an amount calculated by tbe DOR, on a per capita basis, whichever is greater. Adoption of tbe resolution accepts $59,379 for Chu1a Vista. (Engineering and General Services DirectorIPub1ic Works Operations Director) Staff recommendation: Council adopt tbe resolution. 5. RESOLUTION NO. 2007-234, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO ANACOMP, INC. FOR RECORD DIGITIZATION SERVICES AND AUTHORIZING THE MAYOR TOEXECUTE THE AGREEMENT Page 2 - Council Minutes September 18, 2007 IC-2- DRAFT CONSENT CALENDAR (continued) Adoption of the resolution approves the requested digitization services contract, which will assist the Planning and Building Department, and any other City department needing the services, to archive permanent City records in digital format that is compatible with the City Clerk's records retention standards. Staff conducted a competitive bid process, and the contract ensures that the City will receive the services at very competitive rates. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-235, 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 DISTRICT 13-M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR THIS DISTRICT (4/5THS VOTE REQUIRED) On July 24,2007, the City Council established the maximum special tax rates that may be levied for Fiscal Year 2007/2008 for 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, -9-M, II-M, 12-1, 12-M, 13-1 and 13-M. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-236, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP FOR SYCAMORE ESTATES, TENTATNE PARCEL MAP WAIVER NO. 07-06, ACCEPTING THE EASEMENTS GRANTED ON SAID PARCEL MAP, AND APPROVING THE VACATION OF A PORTION OF SYCAMORE DRIVE LYING WITHIN LOT "N" OF WOODLAWN PARK ACCORDING TO MAP THEREOF NO. 1271, PARCEL 3 AND 4 OF PARCEL MAP 16006, AND LOT 4 OF SYCAMORE ESTATES MAP NO. 15566; AND THE ABANDONMENT OF A PORTION OF A TREE PLANTING AND MAINTENANCE EASEMENT OVER PARCELS 3 AND 4 OF PARCEL MAP 16006, AND AUTHORIZING THE MAYOR TO APPROVE THE PARCEL MAP On April 19, 2005, by Resolution No. 2005-128, the City approved Tentative Map No. 04-09 for Sycamore Estates. On May 22, 2007, by Resolution No 2007-125, the City approved the Sycamore Estates final map, Chula Vista Tract No. 04-09. Adoption of the resolution approves the Sycamore Estates Parcel Map, Tentative Parcel Map 07-06. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 8. A. RESOLUTION NO. 2007-237, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARK AGREEMENT FOR CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO AND PORTIONS OF VILLAGE FOUR, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Page 3 - Council Minutes September 18, 2007 1~-3 DRAFT CONSENT CALENDAR (continued) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO AND PORTIONS OF VILLAGE FOUR NORTH UNIT ONE, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS Adoption of the resolutions approves the final map for Chula Vista Tract No. 06-05, Otay Ranch Village Two and Portions of Village Four North, Unit One. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution continued in Item 8A and remove the resolution in Item 8B from the agenda. 9. RESOLUTION NO. 2007-238, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE TWO, NEIGHBORHOOD R-14, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Adoption of the resolution approves the Neighborhood R-14 final map within Otay Ranch Village Two submitted by the developer, Otay Ranch Eighteen, LLC, a Delaware Limited Liability Company. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staff's recommendations and offered Consent Calendar Items 2 through 7, 8A, and 9, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. RESOLUTION NO. 2007-231, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 9 OF COUNCIL POLICY 478-01 REGARDING THE TRAFFIC SIGNAL PARTICIPATION FEE TO INCLUDE THE INSTALLATION OF AMERICANS WITH DISABILITIES ACT COMPLIANT PEDESTRIAN RAMPS IN THE LIST OF USES OF FUNDS IN THE TRAFFIC SIGNAL FUND AS REQUIRED BY RECENT MODIFICATIONS TO FEDERAL LAW City Council previously set a policy regulating the collection of a traffic signal impact fee from developers to offset the impact of their projects on the City's traffic signal system. As a result of recent modifications to the Americans with Disabilities Act (ADA), the City is now required to construct additional pedestrian facilities in conjunction with certain traffic signal modification projects. Adoption of the resolution allows the City to use the traffic signal participation fee program funds in order to comply with related ADA requirements in accordance with recent modifications to the federal law. (Engineering and General Services Director) Page 4 - Council Minutes September 18, 2007 /C-ij - I DRAFT CONSENT CALENDAR (continued) Councilmember Castaneda asked if traffic signal participation fee funding could be used to delineate turn lanes at intersections in western Chula Vista to improve traffic capacity and move traffic more efficiently, and, if so, whether a policy change to effect this was needed. Engineering and General Services Director Griffin responded that traffic signal fees were used primarily for traffic signals themselves; however, other fees, such as gas tax, TransNet or transportation development impact funds, could be looked at. He said he would report back to the Council in the near future with his report to amend the fee to cover the increased costs of the ADA amendment. ACTION: Councilmember Castaneda offered Resolution No. 2007-231, heading read, text waived; and moved to direct staff to investigate further modifications to improve traffic flow. Councilmember McCann seconded the motion, and it carried 4-0. PUBLIC COMMENTS Sandra McHale Renk, Chula Vista resident, spoke in opposition to the proposed Riverwalk residential development on the KOA site and the tainted development process that offered no place for community input. She further stated that the structure of the RAC (Redevelopment Advisory Committee) and CYRC (Chula Vista Redevelopment Corporation) brought only the interests of the developer to the process, not those of the community. She asked that the General Plan, which calls for open space and a community park, be honored. Gail Cavanah, Chula Vista resident, spoke in opposition to the proposed Riverwalk development, and asked the Council not to change the General Plan and to keep the open space and designated parkland on the west side. Mayor Cox stated that the Riverwalk project had not yet come before the Council and was still being considered by the RAC and CVRC. However, it was Council's intent to keep an open public process throughout. PUBLIC HEARINGS 10. CONSIDERATION OF WAIVING MINOR IRREGULARITY ON THE BID RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR- 288)" PROJECT PER CITY CHARTER SECTION 1009 On July 25, 2007 at 2:00 p.m., the General Services Director received five sealed bids for the "Eucalyptus Park Security Lighting (PR-288)" project. The project will be located at Eucalyptus Park at Fourth Avenue and C Street. The public hearing was continued from the meeting of September 11, 2007. (Engineering and General Services Director) Mayor Cox announced that the public hearing had been cancelled and Item 10 would be removed from the agenda. There was no discussion, and no action was taken on this item. Items 12, 13 and 14 were taken out of order and actually heard at this time. Page 5 - COWlcil Minutes September 18, 2007 /C-5 DRAFT ACTION ITEMS 11. CHARGERS STADIUM SITE ANALYSIS REPORT Stadium consultant Cooper Robertson and Partners completed a site feasibility report on behalf of the City of Chula Vista. The analysis included the evaluation of potential stadium sites relative to operational issues, physical constraints, and policy issues. The report presented the results of their findings. Councilmember McCann spoke regarding the presentation that would be provided by the consultant, Randy Morton and his colleagues from Cooper Robertson, and thanked the Chargers for paying for the study at no cost to the citizens of Chula Vista. Councilmember McCann concluded by saying that the City had an unprecedented opportunity to elevate its image; bring in new revenues for roads, parks, fire and police; jumpstart efforts to bring a four-year university to the City; and fast-track road improvements. Planning and Building Director Sandoval provided an overview of Council actions taken since May 2006, when the Council voted unanimously to enter into discussions with the San Diego Chargers regarding the potential building of a stadium in Chula Vista;. In December 2006, a subcommittee of the Mayor and Councilmember McCann was created to interact with the Chargers; and in January 2007, the Council entered into a contract with the architectural firm of Cooper Robertson and Partners to perform a site analysis that was fully funded by the San Diego Chargers. Randy Morton of Cooper, Robertson & Partners introduced his colleagues who assisted with the preparation of the survey, and provided an overview of the report and several conceptual illustrations. Councilmember McCann introduced Mr. Fabiani, Special Counsel for the San Diego Chargers, who stated that the site survey was, without qualification, the best money his organization had spent; and he commended the consultant and City staff for their hard work and expertise. He stated that his organization realized the heavy burden they carried to find a way to finance the stadium, and that they were looking for willing partners to privately finance it, which had never been done before, but which they thought was possible. Mr. Fabiani also stated that they knew they had to convince the citizens of Chula Vista that they could handle the ramifications that would come with a stadium, such as traffic and environmental impacts on the neighborhoods. He noted that they would continue to host community meetings to gather public input. Mr. Fabiani closed by saying that once a site was agreed upon, his firm would pay for a study to evaluate the financial feasibility and benefits to the City by putting together an economic impact study of taxes and jobs. He hoped to bring the study back to the City in time for an advisory vote in 2008. He committed to working hand in hand with the public and the City, and stated that the proposal by his organization would not disturb any plans for the bayfront or university campus projects. Norbert Stein, Chula Vista resident, spoke in support of the Chargers coming to Chula Vista. Page 6 - Council Minutes September 18,2007 11'1 I t L_ -"1....,.-;t DRAFT ACTION ITEMS (continued) Patricia Lopez, Chula Vista resident, expressed the need for the City to take care of its residents first, before investing funds in a stadium. Tom Clavell, Chula Vista resident whose property is near one of the proposed sites, spoke in support of the proposed stadium project and asked that his elected representatives give full consideration to the proposal. Cindy Gomper Graves, accompanied by Patricia Trauth and representing the South County Economic Development Council, thanked the Council for taking a leadership role on the issue. She stated that the Board of Directors had voted to support the Chargers' relocation to the South Bay, had established a Charger Stadium Task Force to assist the City as it explores the stadium possibility, and encouraged continued efforts to bring the stadium to Chula Vista. Parks Pemberton, Chula Vista resident, spoke in opposition to the proposed stadium, citing increased traffic and residents who would be forced out of the west side of the City. Ed Lopez, Chula Vista resident and co-chairman of the South County Economic Development Council, supported the possible location of a stadium in Chula Vista and asked the Council to continue forward with an open process. Scott Alevy, representing the San Diego Regional Chamber of Commerce, stated that while his organization had not taken an official position on a stadium site, it did have an official position that the Chargers were a regional asset and belonged in San Diego. He thanked the Council and staff and encouraged them to continue to move forward to work through any real or perceived problems. Patricia Aguilar, Chula Vista resident representing Crossroads II, stated the organization, representing 600 Chula Vista citizens, supported staff's recommendation that the Council accept the report and provide further direction as needed. Further, she stated that it was essential for citizens to be able to view and understand the financing proposal and that the matter be put to a binding vote, should it get that far, so that the people can make the final decision. Charles Moore, Chula Vista resident and president of the Chula Vista Chamber of Commerce, spoke in support of the Chargers coming to Chula Vista and offered any assistance his organization could provide to keep the Chargers in the region. Todd Glanz, Chula Vista resident, expressed concerns regarding the impacts a stadium would have on the residents, including crowded streets, traffic and noise. He urged the Council to focus on what was best for the residents, and said he was led to believe that if the topic went to a vote of the people, it would be binding rather than advisory. Mitch Thompson, Chula Vista resident and former chair of the General Plan Update Committee, thanked Councilmember McCann for pursuing the possibility of a Charger stadium in Chula Vista. He stated that while his initial reaction was negative, he now wanted to look at everything and become fully informed prior to making a decision. Mr. Thompson stated that his main concern was traffic impacts and how they would be addressed. He encouraged the Council to make the process transparent throughout and to have a citizens advisory committee create wording that is fair for a ballot measure. Page 7 - Council Minutes September 18, 2007 .I /'1 - -7' f '- DRAFT ACTION ITEMS (continued) Dan Kray, Chula Vista resident, spoke in support of the proposed stadium and asked that if a stadium were built, it be on the bayfront to bring somethiI].g new and new revenues to western Chula Vista. Willard H. Howard, Chula Vista resident, expressed frustration that every time someone wanted to build something that would improve the west side, it was met with opposition. He encouraged everyone to maintain a positive attitude and open mind so that the promised undergrounded utilities, sidewalks, curbs and gutters could finally be provided. Ted Kennedy, Chula Vista resident, said he did not understand why the City thought it would be treated any differently than San Diego by the Chargers, and he encouraged the Council to view the financial information prior to making a final decision. Jim Peterson, Chula Vista resident, stated the stadium issue should be put to a binding vote if the Council wanted to gain credibility with the residents. In closing, Planning and Building Director Sandoval stated that the site survey was the first step in a lengthy process. He noted that there were few cities in the region that had the amount of land needed to accommodate the infrastructure needs of this type of development. He then addressed several of the expressed concerns by stating that should a conceptual project come forward, staff would do a thorough analysis of the financial issues, environmental impacts, including traffic issues, and an analysis of the possible effects of such a project on the other proposed priority projects for the bayfront and eastern university sites. Mayor Cox thanked staff for their involvement in the study and indicated that the next step would be for the Chargers to come to a conclusion over the next 30 to 45 days on the sites to move forward on. Councihnember Ramirez thanked the Charger organization and Councihnember McCann for their work on this item. He stated that he wanted to fully consider the implications of such a development and would respond accordingly once the implications were better understood. Councilmember Castaneda stated that findings in the report indicated that the project was technically possible and could bring funding for the things needed in the City, such as sidewalks, undergrounding and street paving; but cautioned that the Council needed to ensure that whatever happened would reap benefits for the people of Chula Vista. Mayor Cox recognized Steve Cushman from the San Diego Unified Port District, who was present in the audience. Councilmember McCann thanked everyone for their participation in the discussion and stated that the next steps would be to put together a detailed financing plan; perform an economic benefits study that would show how many jobs would be created and what the City and region would gain from such a project; and conduct public meetings to continue listening to the community. Page 8 - Council Mioutes September 18, 2007 /1\: _ ~ '- (../ DRAFT ACTION ITEMS (continued) ACTION: Councilmember McCarm moved to accept the report, refer the item back to the Charger subcommittee to take the necessary next steps, and accept the Chargers' offer to pay for the encompassing studies and staff time. Councilmember Castaneda seconded the motion, and it carried 4-0. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS A. Ratification of appointment of Eric Sutton to the Growth Management Oversight Commission. ACTION: Mayor Cox moved to ratify the appointment of Mr. Sutton. Councilmember McCarm seconded the motion, and it carried 4-0. B. Ratification of appointment of the following students to the Youth Action Council: Vandy Cam - Otay Ranch High School Flavia Casas, Valeria Cuevas and Samuel Culver - Eastlake High School yazmin De Saracho, Mariana De Saracho (Ex-Officio), and Chelsea Rodriguez - Hilltop High School Cassie Evans, J olm Tessitore and Elizabeth Vargas - Bonita High School Kate Googins - Our Lady of Peace Erika Gracia - Chula Vista High School Matt Hoffman - High Tech High ACTION: Mayor Cox moved to ratifY the appointments of the students. Councilmember McCann seconded the motion, and it carried 4-0. 14. COUNCIL COMMENTS Councilmember Castaneda thanked Councilmember McCann for his leadership and work,. He also thanked Environmental Services Project Manager France for the extremely successful fundraiser held for the Boys & Girls Club last weekend at Otay Center. Additionally, he spoke regarding a letter he received from the Environmental Health Coalition regarding its membership on the RAC and the request to transfer its position to the Southwest Chula Vista Civic Association. Mayor Cox stated that the matter would be considered by the legislative subcommittee and brought back to the Council in October. Councilmember McCarm thanked Councilmember Castaneda for his comments regarding the Boys & Girls Club fundraiser. He too recognized Ms. France and her subcommittee, who helped raise thousands of dollars for the club; and he thanked the Mayor and Councilmember Castaneda for being celebrity dealers and Charles Moore for his participation, as well. He then spoke of the grand opening of the Trader Joe's store and shopping center last Sunday, and he thanked Plarming and Building Director Sandoval and his staff, as well as his Council colleagues, for helping to make the new shopping center a reality. Page 9 - Council Minutes September 18, 2007 / C -<J <-" . DRAFT OTHER BUSINESS (Continued) Councilmember Ramirez referred to the Council workshop held September 4 regarding CYRC responsibilities, stating that he hoped to engage the public.in further discussions to address the concems that were raised. He then reported on several conferences he had attended, one of which was the League of California Cities conference in Sacramento, where he attended eight sessions. He also reported that he attended a conference in Indianapolis with several staff and community members to look at ways to revitalize neighborhoods, and he would be making a presentation at the Mayor's breakfast meeting. Lastly, he reported that he was invited by the Mayor of Tijuana to participate in their Independence Day celebration held this past Sunday. Mayor Cox announced that the First Citizens' Leadership Academy, comprised of 30 participants, would begin this Wednesday evening. She encouraged those City residents over the age of 18 to apply for a second academy, which will be held next spring. Mayor Cox declared a short recess at 6:40 p.m. She reconvened the meeting at 6:45 p.m., with all members present except Deputy Mayor Rindone Item II was actually heard at this time. CLOSED SESSION Mayor Cox announced that Closed Session had been cancelled. The following items were not discussed, and no action was taken. 15. A. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three cases. B. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) I. Vicki J. Holmes. et al. v. Kenneth Fowler. et al. San Diego Superior Court Case No. GIS 18444 2. Citv of Chula Vista v. Kimco Realty Com. et al. San Diego Superior Court Case No. 37-2007 -00066754-CU- BC-CTL ADJOURNMENT At 8:40 p.m. Mayor Cox adjourned the meeting to the Regular Meeting of September 25, 2007, at 6:00 p.m. in the Council Chambers. a~~~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 10 - Council Minutes September 18, 2007 ;C-IO DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 25, 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, 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 . OATHS OF OFFICE Eric Sutton - Growth Management Oversight Commission City Clerk Bigelow administered the oath to Mr. Sutton, and Deputy Mayor Rindone presented him with a certificate of appointment. Vandy Cam, Flavia Casas, Valeria Cuevas, Samuel Culver, Cassie Evans, Kate Googins, Erika Gracia, Matt Hoffman, Chelsea Rodriguez, Yazmin De Saracho, Marina De Saracho, John Tessitore and Elizabeth Vargas - Youth Action Council City Clerk Bigelow administered the oaths to the students, and Deputy Mayor Rindone presented them with certificates of appointment. Cassie Evans and Elizabeth Vargas were not present at the meeting. CONSENT CALENDAR (Items I through 8) Deputy Mayor Rindone stated he would abstain from voting on Item I, and Councilmembers McCann and Ramirez stated they would abstain from voting on Item 8. 1. WRITTEN COMMUNICATIONS A. Memorandum from Deputy Mayor Rindone, requesting excused absences from the City Council Meetings of September 11 and 18,2007. Staff recommendation: Council excuse the absences. I j)-I DRAFT CONSENT CALENDAR (continued) 2. A. RESOLUTION NO. 2007-239, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF CITY-OWNED PARCELS AND EASEMENTS AND THE RELINQUISHMENT OF ACCESS RIGHTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FINAL ALIGNMENT OF STATE ROUTE 125 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSFERS B. RESOLUTION NO. 2007-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TRANSFER OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) OWNED PARCELS TO THE CITY FOR THE FINAL ALIGNMENT OF STATE ROUTE 125 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSFERS The construction of State Route 125 is nearing completion. Because of the design-build nature, minor alterations in alignment and/or design of the toll road have been made. These alterations require that some adjustments in the right-of-way configuration be made prior to opening. It is necessary for the City to grant to the Department of Transportation (Caltrans) portions of certain City-owned parcels in fee and several easements. The City will need to relinquish access rights to Caltrans in several areas. Conversely, Caltrans will need to grant to the City two parcels of excess land outside the final right-of-way. (Engineering and General Services Director) Staff recommendation: Council adopt the resolutions. 3. REPORT REGARDING THE ANNUAL RATE ADJUSTMENT OF SOLID WASTE SERVICE RATES PER THE TERMS AND CONDITIONS OF THE AMENDED AND RESTATED RECYCLING AND SOLID WASTE FRANCHISE AGREEMENT The Council previously approved the continuation of the solid waste general service rates adjustment formula, and requested that staff return with a report when the evaluation of the rate adjustment was complete for Fiscal Year 2007/2008. Rate adjustments are effective July 1 for large quantity generators (commercial and industrial service customers) and September I for small quantity generators (cart service customers), annually. (Engineering and General Services Director/Public Works Operations Director) Staff recommendation: Council accept the report. 4. RESOLUTION NO. 2007-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH OBTAINING LOANS THROUGH THE CALIFORNIA ENERGY COMMISSION AND THE SDG&E ON-BILL FINANCING PROGRAM, NOT TO EXCEED A TOTAL OF TWO MILLION DOLLARS (4/5THS VOTE REQUIRED) Page 2 - Council Minutes /;""") '7 ;.....r-~ September 25,2007 DRAFT CONSENT CALENDAR (continued) Adoption of the resolution authorizes staff to enter into a combination of agreements for loans with the California Energy Commission and "On Bill Financing" with SDG&E. The agreements would bridge the financial gap between energy conservation project capital costs and the available rebates for energy conservation equipment. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2007-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $412,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE DUl ENFORCEMENT AND AWARENESS PROGRAM, ADDING ONE PEACE OFFICER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUlRED) The Police Department received additional funding from the Office of Traffic Safety to enhance its existing DUl program, which focuses on traffic enforcement strategies to reduce persons killed and injured in alcohol-involved collisions. This funding would create a dedicated officer position in the Traffic Unit to oversee the DUl enforcement and awareness program. (police Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-243, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $42,660 FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE REQUIRED) The Police Department and South Bay Community Services have been working in partnership for the past 10 years providing domestic violence services to the community. Adoption of the resolution accepts a grant amendment from the Governor's Office of Emergency Services to extend the Domestic Violence Response Team funding from June 30,20067 to December 31,2007, and approves a contractual agreement with South Bay Community Services to provide domestic violence case services. (Police Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST FROM THE BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE ON SATURDAY SEPTEMBER 29, 2007 AND WAIVING ASSOCIATED FEES FOR POLICE SERVICES Page 3 - Council Minutes September 25,2007 IZJ-3 DRAFT CONSENT CALENDAR (continued) The Bonita Business and Professional Association will conduct its annual Bonitafest event on September 29, 2007, and is seeking to waive fees for police services. (Police Chief) . Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2007-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 DIG- OUTS & CHIP SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INC. IN THE AMOUNT OF $3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On September 12,2007, the General Services Director received sealed bids for the Fiscal Year 2006/2007 pavement rehabilitation program dig-outs and chip seal project (STL- 340A). The work consists of the removal and replacement of damaged asphalt concrete pavement "dig-outs" and, as an alternative bid item, chip seal pavement coatings, on various pavement locations in the City. Project work also includes striping, traffic control, and other miscellaneous work, all labor, material, equipment, and transportation necessary for the project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember McCann moved to approve staffs recommendations and adopt the Consent Calendar, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0, except for Item 1, which carried 4-0-1, with Deputy Mayor Rindone abstaining; and Item 8, which carried 3-0-2, with Councilmembers McCann and Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 9. CONSIDERATION OF AMENDMENT TO THE FISCAL YEAR 2007/2008 ANNUAL ACTION PLAN TO REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The 2007/2008 Annual Action Plan for the Community Development Block Grant, Home Investment Partnership Program and the Emergency Shelter Grant Programs must be amended in order to reallocate $35,000 of unencumbered funds. This process requires a 30-day review period as well as a public hearing. (Acting Community Development Director) Page 4 - Council Minutes , l. .......}", ! l_ _,:'1_"----1" September 25, 2007 DRAFT PUBLIC HEARlNG (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. Housing Manager Mills and Community Development Specialist Davis presented the proposed amended Annual Action Plan. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following resolution, heading read, text waived: RESOLUTION NO. 2007-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008 ANNUAL ACTION PLAN TO REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE SAN DIEGO REGIONAL REVOLVING LOAN FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS; AND ESTABLISHING THE SAN DIEGO REVOLVING LOAN PROJECT AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY (4/5THS VOTE REQUIRED) Councilmember McCann seconded the motion, and it carried 5-0. ACTION ITEMS 10. CONSIDERATION OF CAMPAIGN CONTRIBUTION ORDINANCE REPORT On August 14,2007, the Council directed the City Attorney to return to the Council with a report outlining the ambiguities in the existing campaign contribution ordinance and recommend changes to clarify the existing ordinance. (City Attorney) Deputy City Attorney Dawson presented the report on the ordinance. Deputy Mayor Rindone moved to direct staff to explore consistency with state law. Mayor Cox seconded the motion. Deputy Mayor Rindone then moved to modify his motion to direct the City Attorney to look at the statute of limitations for consistency with state law and the Municipal Code, and to bring the item back to the Council. Mayor Cox seconded the motion. Deputy Mayor Rindone withdrew his motion, pending the remainder of the presentation by Deputy City Attorney Dawson and to hear public comments. Deputy City Attorney Dawson then resumed the presentation. Mr. Pavka submitted a speaker card but did not speak. Page 5 - Council Minutes September 25, 2007 /])-5 DRAFT ACTION ITEMS (Continued) John Moot suggested that the Council walk through the ordinance submitted by the Campaign Contribution Ad Hoc Committee, compare it with the currently proposed ordinance, and then make a decision. At 9:01 p.m., Mayor Cox recessed the meeting. At 9:14 p.m., she reconvened the meeting, with all members present. Councilmember McCann moved to 1) clarify the intent by using "single elective office" rather than "single election contest"; 2) use the terms "knowingly" and "willfully"; 3) eliminate Item (1) from Section 2.52.040 regarding the suspension of contribution limits; and 4) change Section 2.52.090 regarding returning prohibited contributions from three business days to ten calendar days. Councilmember Ramirez seconded the motion. Mayor Cox expressed concern about eliminating the suspension of limits and ability to level the playing field, and asked Councilmember McCann to consider bifurcating the motion to set aside Item (1), the suspension of contribution limits, for further discussion. Councilmember McCann moved to amend the motion to eliminate Item (1). Councilmember Ramirez, who seconded the motion, stated that he would not agree to amend the motion, and he then called for the question. Councilmember McCann withdrew his original motion and offered an alternative motion. Councilmember McCann moved to accept the' clarifications of the campaign contribution ordinance as presented by the City Attorney, with the following policy direction: 1) use the term "single election contest" rather than "single elective office"; 2) look at the standard used by state law with reference to the use of the terms "knowingly" and "willfully"; and 3) change Section 2.52.090 regarding the return of prohibited contributions from three business days to ten calendar days. Councilmember Ramirez withdrew his call for the question. Mayor Cox clarified that the motion made by Councilmember McCann was still on the floor. ACTION: Deputy Mayor Rindone offered the following substitute motion: 1) use "single elective office" rather than "single election contest" in the sections identified by the City Attorney; 2) provide 10 calendar days for the return of prohibited contributions; and 3) direct the City Attorney to research the terms "knowingly" and "willfully" as used in state law. Mayor Cox seconded the motion. Councilmember McCann called for the question on the substitute motion. A motion to vote on the substitute motion carried 5-0. The substitute motion carried 5-0. ACTION: Councilmember McCann moved to eliminate Item (1) of Section 2.52.040 regarding the suspension of contribution limits, Councilmember Ramirez seconded the motion, and it carried 3-2, with Mayor Cox and Deputy Mayor Rindone voting no. Mayor Cox moved to amend the 90-to-180-day statute oflimitations to make it consistent with the Political Reform Act, and to create a provision to allow the City Clerk to ask for clarification from the enforcement authority when she is in doubt about a provision of the code. Deputy Mayor Rindone seconded the motion. There was no vote taken. Page 6 - Council Minutes September 25, 2007 1])-0 DRAFT ACTION ITEMS (Continued) ACTION: Mayor Cox moved to amend the 90-to-180-day statute of limitations to make it consistent with state law. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Mayor Cox moved to consider combining the sections regarding loans and contributions to oneself and set $10,000 as the trigger for notice requirements for both. Councilmember Castaneda seconded the motion. There was no vote taken. ACTION: ACTION: ACTION: ACTION Mayor Cox moved to amend the motion to change the amount from $10,000 to $5,000, and direct the City Attorney to draft precise language to reflect that a loan and a contribution are treated the same with regard to noticing. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Deputy Mayor Rindone moved to limit the repayment of personal loans to $5,000, thereby removing sub-section (C) of section 2.52.050, Loans/Rules and Suspension. Councilmember Castaneda seconded the motion, and it carried 5-0. Deputy Mayor Rindone moved to direct the City Attorney to review the proposed ordinance with the re-constituted subcommittee consisting of Mr. German, Mr. Peraza, Mr. Riess, and, if willing, Mr. Watry. Mayor Cox seconded the motion, and it carried 5-0. Mayor Cox moved to change the word "apparent" to "alleged" as it pertains to referrals by the City Clerk and include a modified grandfather clause for current candidates. Deputy Mayor Rindone seconded the motion, and it carried 5-0. OTHER BUSINESS II. CITY MANAGER'S REPORTS City Manager Garcia reported that staff would be contacting outside agencies that receive funding from the City for various programs and events to let them know that recommendations to cut funding for future events would be presented to the Council. 12. MAYOR'S REPORTS A. Recommendation from the Legislative Subcommittee regarding appointment process for members of the Board of Ethics. Mayor Cox commented on the issues relating to the current appointment process for the Board of Ethics. ACTION: Mayor Cox moved to establish a process whereby potential Board of Ethics members would be interviewed by a panel of at least two City Managers from cities in San Diego County, other than Chula Vista, and the panel would make its recommendations to the Council. Deputy Mayor Rindone seconded the motion, and it carried 3-2, with Councilmembers McCann and Castaneda voting no. September 25, 2007 Page 7 - Council Minutes j 7\ -7'- t j."";- DRAFT OTHER BUSINESS (Continued) B. Ratification of the appointment ofNeisha Glen to the Cultural Arts Commission. Mayor Cox moved to ratifY the appointment of Neisha Glen to the Cultural Arts Commission. Councilmember McCann seconded the motion, and it carried 5-0. ACTION: C. Ratification of the appointment of Bianca Brodbeck to the Youth Action Council. ACTION: Mayor Cox moved to ratifY the appointment of Bianca Brodbeck to the Youth Action Council. Councilmember McCann seconded the motion, and it carried 5-0. 13. COUNCIL COMMENTS There were none. CLOSED SESSION Mayor Cox announced that Closed Session had been cancelled. The following item was not discussed, and no action was taken. 14. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Attorney ADJOURNMENT At II :40 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 2, 2007 at 4:00 p.m. in the Council Chambers. ,/' Lorraine Bennett, CMC, Deputy City Clerk Page 8 - Council Minutes / 7', r-J IV-O , September 25,2007 DRAFT MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA October 2, 2007 4:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 6:28 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councihnembers: Castaneda, McCann, Ramirez, Rindone, and Chair/Mayor Cox ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Garcia, General Counsel/City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Item 1) City Attorney/General Counsel Moore asked that the following item be removed from the agenda. It was not discussed, and no action was taken. 1. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ESTABLISHING A POOL OF INVESTMENT BANKING AND UNDERWRITING FIRMS FOR THE CHULA VISTA BAYFRONT DEVELOPMENT AND REDEVELOPMENT AGENCY PROJECT AREAS Over the next several years, the City anticipates developing a world-class waterfront using sound planning and economics, and recommends establishing a pool of investment banking and underwriting firms to help finance these new development and redevelopment projects. (Finance Director) ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. /E-/ DRAFT PUBLIC HEARINGS 2. CONSIDERATION OF SALE OF SPACE 118 AT ORANGE TREE MOBILEHOME PARK The Redevelopment Agency assisted residents with the purchase of the Orange Tree Mobilehome Park in 1987. Currently, five spaces remain in Agency ownership. It was the Agency's intent to sell the spaces to current or incoming tenants when in a position to purchase. The Agency has received an offer of $43,000 to purchase Space 118. (Acting Community Development 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. Senior Community Development Specialist KUIZ provided the staff report. Chair Cox opened the public hearing. There being no members of the public who wished to speak, she then closed the public hearing. Agency Member Castaneda asked staff to make it a priority to sell the remaining mobilehome spaces, as it was never the intent of the Agency to be mobilehome park landlord. ACTION: Agency Member Castaneda offered Resolution No. 2007-1983, heading read, text waived: RESOLUTION NO. 2007-1983, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE "REAL ESTATE PURCHASE CONTRACT" AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE SAID CONTRACT AND RELATED DOCUMENTS FOR SPACE 118 AT ORANGE TREE MOBILEHOME PARK Vice Chairman Rindone seconded the motion, and it carried 5-0. ADJOURNMENT At 6:36 p.m., Chair/Mayor Cox adjourned the City Council to a Regular Meeting on October 9, 2007 at 6:00 p.m. in the Council Chambers, stated that the Adjourned Regular Meeting of October 4, 2007 had been cancelled, and adjourned the Redevelopment Agency to its Regular Meeting of October 16, 2007, at 6:00 p.m. in the Council Chambers. cR~~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 2 - Council/RDA Minutes 'r-2" I r-- ~, /t--- October 2, 2007 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 2, 2007 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 4:32 p.m.), McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Counci1members: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Neisha Glenn - Cultural Arts Commission Bianca Brodbeck, Cassie Evans, Elizabeth Vargas - Youth Action Council City Clerk Bigelow administered oaths of office to Neisha Glenn, Bianca Brodbeck and Elizabeth Vargas, and Deputy Mayor Rindone presented each with a certificate of appointment. Cassie Evans was not present. . INTRODUCTION BY PLANNING AND BUILDING DIRECTOR SANDOVAL, OF EMPLOYEE OF THE MONTH, JOHN STEEN II, BUILDING INSPECTOR III Planning and Building Director Sandoval introduced the employee of the month, Jo1m Steen II, Building Inspector II. Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Mr. Steen. . PRESENTATION BY ASSISTANT CITY MANAGERlLffiRARY DIRECTOR PALMER OF CHULA VISTA PUBLIC LIBRARY'S SUMMER READING PROGRAM HONOREES: SHAWN JAMES AND LORYN CLEMENT FOR THE CIVIC CENTER BRANCH; MARTIN PELAYO AND MARKAJIA SIMMONS FOR THE SOUTH BRANCH; AND BRYCE ADAMS AND ANIKA HARRELL FOR THE EASTLAKE BRANCH Assistant City Manager/Library Director Palmer introduced the honorees, as well as the children's and teen librarians from the different library branches, and presented each honoree with a certificate of recognition. /F-/ SPECIAL ORDERS OF THE DAY (continued) · PRESENTATION BY MAYOR COX OF A PROCLAMATION TO GRETCHEN N. EVANS, PROCLAIMING OCTOBER 2, 2007 AS GRETCHEN N. EVANS DAY IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember McCann presented it to Ms. Evans. · PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TODD VOORHEES, CHAIRMAN OF THE CULTURAL ARTS COMMISSION, PROCLAIMING THE MONTH OF OCTOBER, 2007 AS NATIONAL ARTS AND HUMANITIES MONTH AND OCTOBER 5, 2007 AS CALIFORNIA ARTS DAY IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember McCann presented it to Mr. Voorhees, Chair of the Cultural Arts Commission. · PRESENTATION BY MAYOR COX OF A PROCLAMATION TO JON BEYRER, OF THE FINANCIAL PLANNING ASSOCIATION PROCLAIMING OCTOBER 1-7, 2007 AS FINANCIAL PLANNING WEEK IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Ms. Ruch of the Financial Planning Association. · PRESENTATION BY CYNTHIA BURKE, PH.D. FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) ON THE RESULTS OF THE 2007 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY Ms. Burke presented the results of the 2007 survey and advised that copies could be obtained through the office of the Police Chief. Councilmember Castaneda requested that future surveys be provided to people who have not traditionally been involved. Additionally, he suggested that the Public Safety Committee look at ways to access those who have not traditionally responded and methodology to increase their participation. Deputy Mayor Rindone introduced MTS Chair Harry Mathis and Chief Executive Officer Paul Jablonski, who were present in the audience. He then spoke regarding the reduction in the number of stolen vehicles from trolley stations since security cameras were installed. Councilmember Ramirez congratulated the Police Department for the positive public perception regarding its services and also commended the department for the decrease in intersection accidents. Police Chief Emerson stated that there had been 100 fewer injury collisions in the first eight months of this year. Page 2 - Council Minutes IF-2 October 2, 2007 CONSENT CALENDAR (Items I through 2) Regarding Item I, City Attorney Moore stated for the record that Deputy Mayor Rindone was a non-salaried board member of the Chamber of Commerce; an IRS 501-( c )-6 organization, and Councilmember Ramirez was a member of the Chamber of Commerce who owns a non-tourist- related business. Her office analyzed those facts and determined that both Councilmembers fell within the non-interest exception of Govemment Code Section 1091.5A, and thus no conflict of interests were involved with respect to them voting on the item. Deputy Mayor Rindone stated he would abstain from voting on Item 2, as his residence is within 500 feet of the subj ect location. Mayor Cox asked that the Consent Calendar items be voted upon individually. 1. RESOLUTION NO. 2007-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SIX-MONTH CONTRACT IN THE AMOUNT OF $96,507 BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT According to Council Policy No. 230-01, each year the Council considers a budget and related contract with the Chula Vista Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau promotion services, and visitor and transit information services at the Chula Vista Visitor Information Center and Chamber of Commerce main office. Due to budget constraints, adoption of the resolution approves a six-month fee for a service contract with the Chamber of Commerce. Staff will recommend an additional six-month contract to account for services rendered during the remainder of the 2008 fiscal year after the Council's mid-year budget deliberations. (Economic Development Officer) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Resolution No. 2007-247, heading read, text waived. Councilmember McCann seconded the motion, and it carried 5-0. 2. RESOLUTION NO. 2007-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO REIMBURSE CERTAIN EXPENDITURES RELATING TO THE PHASE 3 CIVIC CENTER IMPROVEMENTS FROM THE PROCEEDS OF THE SALE OF TAX-EXEMPT OBLIGATIONS It is the City's intention to receive reimbursement for amounts advanced for the Phase 3 Civic Center improvement project from proceeds of the sale of tax-exempt obligations. (Finance Director) Staffrecommendation: Council adopt the resolution. ACTION: Councilmember McCann moved to approve staff's recommendations and offered Resolution No. 2007-248, heading read, text waived. Mayor Cox seconded the motion, and it carried 4-0-1 with Deputy Mayor Rindone abstaining. Page 3 - Council Minutes IF-3 October 2, 2007 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Patricia Lopez, Chula Vista resident, remarked that it was interesting that John Steen received the employee of the month award and, at the same time, he and his fellow employees are facing pay cuts. She then encouraged the Council to continue discussions on the mobilehome park ordinance and assist in finding investors for park residents. She also asked that the devaluation portion be removed from the proposed ordinance. City Manager Garcia responded that although the City was considering many cuts in operations to balance the budget, pay reductions at this time for current employees were not under consideration. Mayor Cox referred Ms. Lopez to Mandy Mills in the Housing Department for additional information regarding the mobilehome ordinance. John Moot, Chula Vista resident, spoke regarding a Superior Court ruling received yesterday pertaining to the building heights initiative, wherein the judge ruled that Mr. Jentz had violated California elections law. Additionally, at a press conference yesterday, two former members of the City Council and two former Planning Commissioners announced that they would be submitting an ordinance for consideration designed to protect the integrity of the election process in Chula Vista. The ordinance provides that any person being paid to gather signatures in the City must comply with California Election Code Section 9209, obtain a business license, and show evidence at the time they obtain the license that they are in fact either a voter in Chula Vista or qualified to be a voter in Chula Vista. Mr. Moot then provided copies of the draft ordinance to which he had referred. Deputy Mayor Rindone stated that he had been approached on more than one occasion to sign the referenced petition. He asked if there were any requirements that the circulator had to inform the signer what the petition was about, and if so, how they were enforced. Mr. Moot responded that one of the basic rules, prior to gathering signatures, is that a notice must be published in a newspaper of general circulation in the jurisdiction so that people would know what it was about, and that the noticing was how most people learned about initiatives. The law specifically provides that a misrepresentation made in an effort to get someone to sign a petition would be grounds for invalidating the petition; and if anyone was asked to sign a petition where a misrepresentation had been made, it should be reported. ACTION ITEMS 3. CONSIDERATION OF REPORT ON CHULA VISTA TRANSIT (CVT) FUNDING AND OPERATIONS At the Council meeting of April 4, 2006, Transit staff presented the fourth annual report on the City's transit system, Chula Vista Transit (CVT). The current report provides an update on CVT's funding and operations. (Public Works Operations Director) Page 4 - Council Minutes /F-Lf October 2, 2007 -r- ACTION ITEMS (Continued) Public Works Operations Director Byers introduced Transit Manager Trujillo, who presented the staff report. He spoke regarding the Metropolitan Transit System (MTS) budget shortfall, $320,000 as a preliminary estimate for Chula Vista's share; past reductions achieved through reductions in service; and the need to now look at administrative reductions, as well as continue discussions on the possibility oftransitioning the services to MTS. Deputy Mayor Rindone stated that the purpose of a transition in services from Chula Vista Transit to MTS would be to provide efficiencies in both systems, but it would require extensive discussion. Mr. Jablonski, Chief Executive Officer for MTS, expressed appreciation for the partnership between Chula Vista Transit staff and MTS. He spoke regarding the rehabilitation of the blue line, the urban partnership program with SANDAG, obtaining federal funding for SWOOP, and an express service from eastern Chula Vista to the University Town Center and Sorrento Valley area. He then addressed the budget, noting that MTS did not fare well in the state budget, services were in jeopardy, and a fare increase of $.50 would be proposed. Councilmember Ramirez expressed dissatisfaction with the City's transit system, citing bus stop maintenance issues, appearance, and locations; he asked that creative solutions or strategies be considered. Councilmember Castaneda expressed concerns about impacts to residents related to the possible transition from Chula Vista Transit to MTS, and he asked that more work and specificity be provided to identify impacts so as not to erode Chula Vista's investment in the transit system over the years. City Manager Garcia stated that discussions were still in the preliminary stage, and guidelines would be established for MTS taking over the responsibilities of Chula Vista Transit. Further, he stated that he would brief the Council in more detail as soon as more definitive decisions were made. Transit Manager Trujillo responded to the concerns expressed by Councilmember Ramirez, stating that an ongoing bus stop maintenance program was in place, and special requests for maintenance services could be reported to Public Works at 697-3000. MTS Chairman Mathis stated that Chula Vista and MTS had an established history of cooperation, which was greatly appreciated, and he then explained how to read the figures in the report that indicated an increase, not a decrease, in service. Deputy Mayor Rindone commented that transit funding was difficult to address statewide, and he explained how the Governor used city funds to balance the state budget, even though those funds were voter-approved to be used specifically for transit. Local agencies were left to try to balance the shortfall. City Manager Garcia added that Chula Vista had some of the most productive routes in the entire MTS system, noting that the Visitor Center provides over $10,000 in MTS revenue per day. ACTION: Deputy Mayor Rindone moved to accept the report. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 5 - Council Minutes /F-5 October 2, 2007 OTHER BUSINESS 4. CITY MANAGER'S REPORTS City Manager Garcia stated he would attend the ICMA conference in Pittsburgh over the weekend and return on Tuesday afternoon, October 9th; Assistant City Manager Tulloch would be Acting City Manager in his absence. 5. MAYOR'S REPORTS Mayor Cox reminded everyone of the upcoming Beautify Chula Vista event on Saturday at Harborside Park. She stated that people could register online to get a shirt and gloves. Mayor Cox then spoke about the recent court ruling regarding the height limitation initiative. The issue was whether the proponents properly followed the California Elections Code in noticing the initiative. The judge ruled that the City was required to follow state law and wrote, "Because the requirement to give notice of intent prior to circulating the petition serves the important purpose of educating the public about the petition campaign before it begins, courts require strict compliance with Section 9205." He further wrote, "Because real parties in interest did not satisfY California Elections Code 9205, the initiative petition is void. It is appropriate to issue the writ so the City can avoid the unnecessary expense of placing the measure on the ballot." Mayor Cox concluded by stating that it would have cost the City more in time and money for protracted litigation, which ultimately might have precluded the proponents from submitting their revised initiative in time for the June 2008 ballot, and that with this decision, the court confirmed that the City had done the right thing by the law. · Ratification of the appointment of Johnny Flores as an ex -officio member of the Youth Action Council. ACTION: Councilmember Castaneda moved to appoint Johnny Flores as an ex-officio member of the Youth Action Council. Councilmember McCann seconded the motion, and it carried 5-0. 6. COUNCIL COMMENTS Councilmember Ramirez reported on a meeting of the South County Economic Development Commission last Friday. A panel of economic development personnel from various cities was asked what they were going to do during the economic downturn. The representative from the City of San Diego said San Diego was going to focus on the long-term. Councilmember Ramirez believed the question was important for Chula Vista to consider, and his answer would be to think in terms of planning efforts like the Urban Core Specific Plan, the southwest area and repair work needed. Councilmember McCann thanked everyone who worked at and attended Bonitafest, and stated he would participate in the Beautify Chula Vista event. Councilmember Rindone joined in congratulating those who participated in Bonitafest, and stated that the BeautifY Chula Vista event this Saturday will begin at Harborside Park at 8:00 a.m. He also mentioned the Fire Station 4 open house from 10:00 a.m. to 2:00 p.m. Mayor Cox recessed the meeting at 6:09 p.m. She reconvened the meeting at 6:46 p.m., with all members present. Page 6 - Council Minutes IF-6 October 2, 2007 CLOSED SESSION Mayor Cox recessed the meeting to Closed Session at 6:47 p.m. 7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Attorney No reportable action was taken. ADJOURNMENT At 9:30 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 9, 2007 at 6:00 p.m. in the Council Chambers. The Adjourned Regular Meeting of October 4, 2007 was cancelled. a~~Y~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 7 - Council Minutes IF-7 October 2, 2007