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HomeMy WebLinkAboutcc min 2003/10/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 14, 2003 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE: MARK WEATHERFORD - BOARD OF ETHICS City Clerk Bigelow administered the oath to Mark Weatherford, and Deputy Mayor Rindone presented him with a certificate of appointment. · PRESENTATION BY MAYOR PADILLA OF CERTIFICATES OF APPRECIATION TO REPRESENTATIVES OF THE FOLLOWING COMPANIES FOR THEIR CONTINUED SUPPORT OF ARTS AND CULTURE IN THE CITY OF CHULA VISTA: Community Health Group Downtown Business Association EastLake Companies McMillin Companies National Arts Program and Foundation Otay Ranch PacifiCare Port of San Diego Sempra Energy The Star-News Wells Fargo Mayor Padilla recognized the abovementioned companies for their continued support of the arts and culture in the City. Deputy Mayor Rindone then presented certificates of appreciation to those company representatives present at the meeting, namely: Eastlake Companies, Wells Fargo, Downtown Business Association, Otay Ranch, and The Star-News. · RECOGNITION BY POLICE CHIEF RICK EMERSON OF RECENTLY PROMOTED OFFICERS - AGENT DON REDMOND AND POLICE OFFICER KRISTY VOSHELL Police Chief Emerson recognized recently promoted Agent Don Redmond and recently hired Officer Kristy Voshell. He then presented them each with their badges, and City Clerk Bigelow administered the oath of office to Officer Voshell. CONSENT CALENDAR (Items 1 through 8) With Reference to Item No. 6, Councilmember Salas congratulated City staff on the success of the Household Hazardous Waste Reduction Program and the award to the City of a $300,000 grant to further the program. Councilmember Salas also noted that of the over 100 agencies that applied for the grant, the City scored the highest. 1. APPROVAL OF MINUTES of the Special and Regular Meetings of September 30, 2003. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2003-434, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG $5,000 FROM THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO START THE GANG RESISTANCE EDUCATION AND TRAINING (GREAT) PROGRAM, AND AMENDING THE FISCAL YEAR 2003/2004 POLICE DEPARTMENT BUDGET BY APPROPRIATING $5,000 iN SUPPLIES AND SERVICES BASED ON UNANTICIPATED REVENUES The department was recently awarded $5,000 from the Bureau of Alcohol, Tobacco and Firearms to start the Gang Resistance Education and Training Program. (Police Chief) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2003-435, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE ACTIONS OF THE DIRECTOR OF ENGINEERiNG AND APPROVING CHANGE ORDER NOS. 7 AND 10 FOR THE "G STREET TRUNK SEWER IMPROVEMENTS FROM BROADWAY TO WEST OF BAY BOULEVARD (SW-228)" PROJECT, AND AUTHORIZiNG THE DIRECTOR OF ENGiNEERiNG TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY A contract was previously awarded to TC Construction Company, Inc., for the installation of a 27-inch gravity sewer line within G Street, between Broadway and west of Bay Boulevard (Project no. SW-228). Proposed Change Order No. 7 is for additional labor, equipment, and materials to locate all existing sewer laterals in order to reconnect active sewer laterals to the new sewer main. The actual scope of sewer lateral work was significantly different from the work anticipated due to differing subsurface conditions. In order to avoid costly delays to the project, and because the total cost for the sewer lateral work could not be determined until completion of the sewer main work, the Director of Engineering authorized the contractor to proceed with the work. Change Order No. 10, a deduction to the base contract amount, is for the quantity adjustments to several base bid items. Adoption of the resolution approves the change orders and authorizes the Director of Engineering to execute both contract change orders. (Director of Engineering) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes 10/14/03 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2003-436, RESOLUTIOBI OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGI~NCY-STATE MASTER AGREEMENT NO. 000203 AND PROGRAM SUPPLEMENT AGREEMENT NO. 0953, BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA, AND AUTHORIZING THE DIRECTOR OF ENGINEERING AND DEPUTY DIRECTOR OF ENGINEERING TO SIGN THE AGREEMENT, THE PROGRAM SUPPLEMENT, AND ALL FUTURE PROGRAM SUPPLEMEI~TS TO SAID AGREEMENT The Castle Park Middle School project was subtnitted for statewide competition for Safe Routes to School funding in July 2002, and was chosen by CalTrans for funding in November 2002. Recently, CalTrans submitted the Administering Agency-State Master Agreement No. 000203 and Program Supplement Agreement No. 0953 for signature by the City's authorized designee. Said agreement must be processed in order for the agreement to be fully executed by CalTrans. (Director of Engineering) Staffrecommendation: Council adopt the resolution. 5. RESOLUTION NO. 2003-437, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ~ PPROVING THE AMENDED ACQUISITION/FINANCING AGREEMENT '~qITH NNP-TRIMARK SAN MIGUEL RANCH, LLC, PERTAINING TO IMPROVEMENT AREA A IN COMMLrNITY FACILITIES DISTRICT NO. 2001-1 (SAN Mil ~LrEL RANCH) On July 23, 2002, Council approved the Acquisition/Financing Agreement for Community Facilities District No. 2001-1 (San i diguel Ranch). This agreement set forth the conditions and procedures for acquiring the eligible public improvements within San Miguel Ranch, east of SR-125. The propmed amended agreement will allow the developer to be reimbursed for roadway imprm ements prior to the installation of traffic signals. (Director o f Engineering) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2003-438, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING ItOUSEHOLD HAZARDOUS WASTE GRANT HD12-03-0041 FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTERING THE GRANT AND APPROPRIATING $300,000 IN UNANTICIPATED REVENUES TO THE WASTE MANAGEMENT RECYCLING FUlqD FOR FISCAL YEAR 2003/2004 TO IMPLEMENT THE GRANT The City has been the lead agency in developing and implementing a household hazardous waste program for Chula Vista, Coronado, Imperial Beach, and National City. By assisting residents with the proper recycling or disposal of household hazardous waste, the City can prevent improper disposal that could harm the local watershed and cost far more to collect and remediate. Removing household hazardous waste fi.om homes can also help to prevent fires and reduce the incidence of child poisonings. The grant will provide funds for a more comprehensive, countywide public education campaign, funding for the regional, permaneBt household hazardous waste drop-off facility, collection of computer and television monitors, and some equipment for the Coronado household hazardous waste facility. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 10/14/03 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2003-439, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZiNG ENERGY CONSULTING SERVICES AND APPROPRIATiNG $75,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE ENVIRONMENTAL SERVICES RESOURCE MANAGEMENT SUPPLY AND SERVICES BUDGET FOR PEER REVIEW OF THE MUNICIPAL ENERGY UTILITY STUDY AND RELATED ENERGY ISSUES BEFORE THE CALIFORNIA PUBLIC UTILITIES COMMISSION The energy consulting services requested provides the City with technical assistance required to conduct a peer review of the Municipal Energy Utility Study, and support the City's participation in related issues before the California Public Utilities Commission. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2003-440, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATiNG $182,500 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE ENVIRONMENTAL SERVICES RESOURCE MANAGEMENT SUPPLY AND SERVICES BUDGET FOR THE PURPOSE OF FUNDiNG ELECTRICITY & GAS CONSULTANTS The funding provides the City with the technical assistance to support the City's ongoing SDG&E franchise negotiations, as well as analyze and participate in related issues before the California Public Utilities Commission. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Norma Cazares commended the Council for its position in opposition to Proposition 54 on the recent ballot. She also thanked the Council for its support regarding the joint planning effort for the Bayfront and Mid-bayfront projects and for approving the Rancho Vista affordable housing project. She expressed the need to continue efforts to provide affordable housing in the City, as well as to establish a policy for allotting the housing units to prevent mismanagement. She also spoke in support of the proposed 41-unit senior housing project on Broadway. ACTION ITEMS 9. CONSIDERATION OF IMPLEMENTATION OF A CITY COUNCIL POLICY FOR THE DEVELOPMENT OF AFFORDABLE, FOR-SALE HOUSiNG FOR LOW- iNCOME BUYERS, iNCLUDiNG: ESTABLISHMENT OF DEVELOPMENT OPTIONS, PROGRAM REQUIREMENTS, AND A PRIORITIZATION SYSTEM FOR THE SELECTION OF BUYERS (Continued from the meeting of October 7, 2003) Page 4 - Council Minutes 10/14/03 ACTION ITEMS (Continued) Recently, the City Council directed staff to provide information on how affordable, for sale housing is developed and the factors that a~e considered to ensure the for-sale units are appropriately restricted as affordable. In {esponse, staff assembled an Affordable Housing Working Group made up of builder~, lenders, real estate professionals, the City's Housing Advisory Commission, and othdr industry stakeholders. The purpose of this group is to evaluate and provide input on a variety of existing and proposed housing policies, programs, and processes to assist staff and the City Council in effectively meeting the affordable housing needs of our residents and community. Adoption of the resolution accomplishes the group's first polidy issue by establishing implementation guidelines for the development of affordable, for-sale housing. (Director of Community Development) Senior Community Development Specialist Do presented the affordable for-sale policy and reported on results of the August 13 and August 27 meetings of the Affordable Housing Working Group. The group discussed three options: 1) market rate price using silent second loan and equity share, 2) recapture restriction, and 3) resale restriction. The group recommended Options 1 and 2, and the approval of underwriting criteria and the implementation of a prioritization system. Deputy Mayor Rindone stated that Option 3 had major flaws and should be eliminated. He asked for staff's input regarding the possibility of approving a dual option, expressing his concem that a dual option, rather than a single option, might create a new set of problems. Ms. Do responded that Option 1 is the preferred option, as it provides more flexibility and creates fewer issues for staff to administer, but having multiple options is recommended because it allows for potential changes in the real estate market that may significantly affect the program and buyers. Councilmember Salas asked whether a buyer would be restricted from refinancing to obtain a lower interest rate. Ms. Do replied that there would belno problem with a straight rate and term refinance, but the City would want to avoid cash out or debt consolidation. Councilmember Davis stated that she would prefer combining Options 1 and 2, explaining that although the silent second is a good idea, she believed that the percentage of equity for the homeowner should be based upon the number of years that they have lived on the property in order to encourage a build-up of equity. She felt that the example showing 81 percent equity for the first five years ofhomeownership was too high. Regarding the prioritization system, she felt that applicants should all be treated equally; that a subsidized renter should not be considered over a renter paying market rate, since renters already in an affordable unit are receiving the benefit of a lower rent and it is, therefore, easier for them to save for a down payment and closing costs. Councilmember McCann pointed out that affordability of homeownership is out of reach for many citizens, which confirms the need for a balanced affordable program in the City. He spoke in support of a balanced option that would afford homeowners a stake in the community. He asked staff to explain what would happen in Options 1 and 2 should a homeowner wish to Page 5 ~ Council Minutes 10/14/03 ACTION ITEMS (Continued) refinance. Ms. Do responded that a straight rate and term, which is just a refinance to lower their payment as a result of a lower interest rate, would be allowable. If the request was to refinance to take cash out or for debt consolidation, the City would request full payment based upon the length of time spent as the homeowner for that property, or whatever the difference was between the market rate price and the affordable price through the silent second loan, plus the City's interest. Councilmember McCann spoke in support of both Options 1 and 2 and suggested including a hybrid sliding scale that would provide homeowners with the incentive to gain equity based upon the number of years they have lived on the property. Regarding the prioritizing system, Councilmember McCann suggested that police officers and teachers be considered for placement on the priority list. Councilmember Davis asked how the City would find out whether or not a property was being rented. Ms. Do replied that it would be done through annual monitoring by way of a letter to confirm occupancy. Mayor Padilla congratulated the staffand working group on a professional report. He asked that there be further examination about the level of equity share permitted on resale, and the ability to provide an incentive for a homeowner to stay in a residence for a longer period of time. He believed that it was also important to articulate a policy. Councilmember Davis requested that a letter received from Highland Partnership Incorporated, dated October 14, 2003, be included in the record. ACTION: Councilmember Davis offered Resolution No. 2003-441, heading read, text waived: RESOLUTION NO. 2003-441, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PREPARE A CITY COUNCIL POLICY FOR THE DEVELOPMENT OF AFFORDABLE FOR- SALE HOUSING FOR LOW-INCOME BUYERS, INCLUDING ESTABLISHMENT OF DEVELOPMENT OPTIONS, ESTABLISHMENT OF PROGRAM REQUIREMENTS, AND ESTABLISHMENT OF A PRIORITIZATION SYSTEM FOR THE SELECTION OF BUYERS The motion carded 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS · Ratification of reappointment of William Veal to the Civil Service Commission. ACTION: Mayor Padilla moved to ratify the reappointment of William Veal to the Civil Service Commission. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Page 6 - Council Minutes 10/14/03 MAYOR'S REPORTS (Continued) Mayor Padilla congratulated Councilmember Davis on the successful Christmas in October event. Mayor Padilla spoke of his recent official visit to Mexico, where he met with the Mayor of Tijuana and addressed the Tijuana Rotary Club. He stated that the experience was very rewarding, and there was great interest by the Rotary Club in forming a work program to discuss issues of mutual concern. He added that he has formally invited the Tijuana Mayor and his delegation to visit Chula Vista in the near future. 12. COUNCIL COMMENTS · Councilmember Salas: Consideration bf the City of Chula Vista joining the Japan Society of San Diego and Tijuana. Councilmember Salas informed the Council that the City is now an official member of the Japan Society of San Diego and Tijuana. She believed that tile City's participation in the organization would be of great benefit to the community in terms of economic development. She suggested that the City work with the Japanese Society to host a Japanese business roundtable, headed by the Mayor, in order to gain a better understanding of the business leaders, to build positive relationships, and to draw business and good job opportunitiesi to the City. Councilmember Salas stated that she attended a meeting of the Chula Vista Commtmity Collaborative, whose members questioned the City's policy regarding sidewalk improvements. She suggested that a staff representative fi.om the City's Engineering Department be present at a future meeting of the organization to give a presentation on sidewalk improvements. Deputy Mayor Rindone spoke regarding the proposed JapaneSe business roundtable, stating that there are currently three Chula Vista high schools that offer Japanese language courses, and he requested Council's consideration for a representative from each high school to participate in future roundtable meetings. Deputy Mayor Rindone commended Councilmenber Davis, on her leadership for the recent Christmas in October event. Councilmember McCann also acknowledged Councilmember iDavis on the Christmas in October event and agreed with the suggestion by Councilmember Salas for a future presentation by the City's Engineering staff to the Chula Vista Community iCollaborative regarding sidewalk improvements. Councilmember Davis thanked the Mayor and Councilmembers, County Supervisor Cox, and staff for participating in the Christmas in October event. She stated that it was a great success that resulted in the completion of five homes. Page 7 - CouncilMinutes 10/14/03 CLOSED SESSION Closed Session was cancelled and the following items were not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTiNG LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. No. A-02-12-028) · City of Chula Vista v. C & S Doctor, Inc. (SDSC No. GIC 787174) · C & S Doctor, Inc. v. City of Chula Vista (SDSC No. GIC 803780) · Grippi v. City of Chula Vista (SDSC No. GIC 801393) 14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance 15. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: The Chula Vista Municipal Golf Course on Bonita Road and adjacent acreage owned by the City Agency Negotiator: Sid Mort'is Negotiating Parties: City of Chula Vista (Sid Moms), American Golf Corporation (Brian Jackson) Under Negotiation: Price, terms, and disposition of lease 16. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · City of Chula Vista v. Otay Land Company, LLC, a Delaware Limited Liability Company, et al. (GIC796139-1) Page 8 - Council Minutes 10/14/03 CLOSED SESSION (Continued) 17. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One case ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 21, 2003, at 6:00 p.m. in the Council Chambers. Susan Bigelow, CMC, City Clerk Page 9 - Council Minutes 10/14/03