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HomeMy WebLinkAboutcc min 2005/05/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 10, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:56 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (excused) 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 · INVITATION BY RODERICK REINHART, CULTURAL ARTS AND FUND DEVELOPMENT MANAGER TO THE TASTE OF THE ARTS FESTIVAL ON MAY 15,2005 Cultural Arts and Fund Development Manager Reinhart extended an invitation to all present to attend the Taste of the Arts Festival on May 15,2005 from 10:00 a.m. to 5:00 p.m. at Bayside Park. · INTRODUCTION BY JOHN COGGINS, PURCHASING AGENT, OF THE EMPLOYEE OF THE MONTH, LUPE LUCERO Purchasing Agent Coggins introduced Ms. Lucero. Mayor Padilla read the proclamation, and Councilmember McCann presented it to Ms. Lucero. · PRESENTATION BY FINANCE DIRECTOR MARIA KACHADOORIAN OF THE ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT A WARD TO PURCHASING AGENT JOHN COGGINS AND THE PURCHASING DIVISION STAFF Finance Director Kachadoorian presented the National Purchasing Institute's Achievement of Excellence in Procurement A ward to Purchasing Agent Coggins and the Purchasing Division staff. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BRAD REMP, ASSISTANT DIRECTOR OF PLANNING AND BUILDINGIBUILDING OFFICIAL, PROCLAIMING THE WEEK OF MAY 8 THROUGH MAY 14,2005, AS BUILDING SAFETY WEEK Mayor Padilla read the proclamation, and Councilmember McCann presented it to Mr. Remp. Page 1 - Council Minutes May 10, 2005 .- _..~~"-~-_...--,..._~-~-,- SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EXALTED RULER, JOSE CIBRIAN AND YOUTH ACTIVITIES CHAIRMAN, GARRY HUMMEL, OF ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY I THROUGH MAY 7, 2005 AS YOUTH WEEK Mayor Padilla read the proclamation, and Councilmember McCann presented it to Exaulted Ruler Jose Cibrian and Youth Activities Chairman Garry Hummel, who accepted it on behalf of Elks Lodge No. 2011. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO POLICE CHIEF EMERSON PROCLAIMING WEDNESDAY, MAY 11, 2005 AS PEACE OFFICERS MEMORIAL DAY Police Chief Emerson stated that 77 officers who lost their lives in the line of duty would be recognized at a memorial service tomorrow in Balboa Park at 12:00 p.m., with Mayor Padilla as the keynote speaker. He invited all to attend. Mayor Padilla read the proclamation, and Councilmember McCann presented it to Chief Emerson. · Mayor Padilla recognized his daughter Ashleigh, her friends from Parkview Elementary, as well as his father, Don Wroe, who were present in the audience. CONSENT CALENDAR (Items I through 14) 1. WRITTEN COMMUNICATIONS . Request from Councilmember Davis for an excused absence from the May 10, 2005 City Council Meeting. Staff recommendation: Council excuse the absence. 2. APPROVAL OF MINUTES of the Regular Meetings of AprilS, April 12, and April 19, April 26, 2005, and the Adjourned Regular Meetings of April 12, 2005 and April 19, 2005. Staff recommendation: Council approve the minutes. 3. ORDINANCE NO. 3002, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECREASING THE SPEED LIMIT ON MOSS STREET BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY FROM 35 MILES PER HOUR TO 30 MILES PER HOUR (SECOND READING) Page 2 - Council Minutes May 10, 2005 CONSENT CALENDAR (Continued) Based on the provisions of Division II-Chapter 7-Article 1 (Sections 22348 thru 22366) and Division 17-Chapter 3-Article I (Sections 40800 thru 40808) of the California Vehicle Code (CVC), and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones", the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Moss Street between Industrial Boulevard and Broadway be reduced from 35 mph to 30 mph. This speed limit will be amended in Schedule X of the register maintained in the Office of the City Engineer. This ordinance was introduced at the meeting of April 26, 2005. (City Engineer) Staff recommendation: Council adopt the ordinance. 4 A. ORDINANCE NO. 3003, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO REPEAL SECTION 17.30 RELATING TO INTERIM COASTAL SAGE SCRUB HABITAT LOSS PERMIT PROCESS, AND IN ITS PLACE ADD THE OTA Y RANCH GRAZING FOR IMPLEMENTATION OF THE MSCP SUB-AREA PLAN (SECOND READING) B. ORDINANCE NO. 3004, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO ADD SECTION 17.35 RELATING TO HABITAT LOSS AND INCIDENTAL TAKE FOR IMPLEMENTATION OF THE MSCP SUB-AREA PLAN (SECOND READING) C. ORDINANCE NO. 3005, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE 15, CHAPTER 15.04 OF THE CITY OF CHULA VISTA MUNICIPAL CODE RELATING TO EXCAVATION, GRADING AND FILLS AS IT RELATES TO IMPLEMENTATION OF THE MSCP SUB-AREA PLAN (SECOND READING) The Multiple Species Conservation Program (MSCP) Sub-area Plan was prepared by the City of Chula Vista in coordination with the federal and state regulatory agencies in order to implement the MSCP Sub-regional Plan within the City of Chula Vista. The Council adopted the MSCP Sub-area Plan on May 13, 2003. At that time, three MSCP implementing ordinances were introduced to be considered for adoption upon issuance of the Take Permit by the wildlife agencies. On January 13, 2005, the wildlife agencies issued a Take Permit and signed the implementing agreement granting the City Take authorization. Adoption of the MSCP implementing ordinances ensures successful implementation of the MSCP Sub-area Plan, which provides protection for sensitive biological resources currently supported within the City. (Director of Planning and Building) Staff recommendation: Council adopt the ordinances. Page 3 - Council Minutes May 10, 2005 .. '_""'_'__"'_~'~__~~___""~~~_~'.~._.._ "" ·____.~_~~.___M__~~_~~.___~~· ~..~_."'_.__~_"_ CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2005-139, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED REVENUE IN THE AMOUNT OF $3,500 FOR PARTICIPATION IN THE SCORECARDS FOR RESULTS, AN INSTITUTE OF MUSEUM AND LIBRARY SERVICES GRANT PROJECT (4/5THS VOTE REQUIRED) The Chula Vista Public Library was invited to participate in the Scorecards for Results grant project. The one-time revenue will be used to cover expenses associated with the project, which include the production of a workbook, an independent survey of library services, and staff training. (Assistant City Manager Palmer) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-140, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FISCAL YEAR 2005/2006 PERFORMING AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT AWARD, TOTALING $35,730 (4/5THS VOTE REQUIRED) In 1997, the Council approved a sublease with the House of Blues Concerts, Inc. (formerly Universal Concerts) that established a process whereby ticket sales proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City of Chula Vista. This year, the Office of Cultural Arts received $36,116.00 from the House of Blues for its 2004 Concert Series. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-141, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $193,770 FROM THE AVAILABLE BALANCE OF THE TECHNOLOGY REPLACEMENT FUND FOR THE REPLACEMENT OF THE CITY'S DATA GENERAL MINICOMPUTERS, AND AUTHORIZING THE PURCHASING AGENT TO ACQUIRE THE EQUIPMENT THROUGH WESTERN STATES CONTRACTING ALLIANCE (WSCA) AND CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) COOPERATIVE PURCHASING AGREEMENTS (4/5THS VOTE REQUIRED) The City operates two Data General Unix minicomputers to run the City's financial applications, including payroll, general ledger, purchasing, fixed assets, as well as other applications. Since these computers can no longer support the new versions of these programs and Data General is no longer supporting the operating system, the minicomputers need to be replaced. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes May 10, 2005 '------------ CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2005-142, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF WAY WITHIN THE CUL-DE-SAC OF HAROLD PLACE LOCATED IN THE EASTLAKE BUSINESS CENTER Eastlake Business Center II has requested to vacate a portion of public right-of-way within the cul-de-sac of properties located at 820, 821 and 841 Harold Place in Eastlake Business Center. In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said summary vacation provided certain conditions are met. (City Engineer) Staffrecommendation: Council adopt the resolution. 9 A. RESOLUTION NO. 2005-143, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF PUBLIC STREET EASEMENTS FOR AUTO PARK DRIVE AND EASEMENT FOR PARKING AND EMERGENCY ACCESS WITHIN THE AUTO DEALERSHIPS LOCATED EAST OF 1-805 AND SOUTH OF MAIN STREET B. RESOLUTION NO. 2005-144, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR SETTING A PUBLIC HEARING FOR JUNE 7, 2005 TO CONSIDER VACATING STREET LIGHT AND PEDESTRIAN EASEMENTS AND A PUBLIC DRAINAGE EASEMENT LOCATED ADJACENT TO AUTO PARK DRIVE, EAST OF 1-805, SOUTH OF MAIN STREET DGF Family Limited Partnership, owner of the property located at 520 Auto Park Drive (Fuller Ford), has requested the vacation of public street easements for Auto Park Drive and the associated street light and pedestrian easements, public drainage easement and easement for parking and emergency access in the auto dealerships located south of Main Street on either side of Brandywine Avenue. In accordance with Section 7050 of the California Govemment Code and Chapter 4, Section 8333 and 8334 of the California Streets and Highways Code, the street easements for Auto Park Drive and the easement for parking and emergency access may be performed summarily through adoption of a resolution ordering said vacation. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, the Council must adopt a Resolution of Intention setting a public hearing in order to consider the vacation request for the street light and pedestrian easements and the public drainage easement associated with Auto Park Drive. (City Engineer) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2005-145, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT TO PACIFIC BELL TELEPHONE COMPANY AS NECESSARY FOR THE COMPLETION OF STATE ROUTE 125 Adoption of the resolution authorizes granting an easement for communications facilities over a portion of city-owned land to Pacific Bell Telephone Company (SBC) as required for the Construction of State Route 125. (City Engineer) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes May 10, 2005 CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2005-146, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2004/2005 SEWER REHABILITATION PROGRAM - PHASE XIV (SW- 231); AUTHORIZING THE TRANSFER OF AVAILABLE SEWER FACILITY REPLACEMENT FUNDS INTO THE PROJECT FROM THE 2003/2004 SEWER REHABILITATION PROGRAM, PHASE XIII (SW-230) PROJECT; AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT (4/5THS VOTE REQUIRED) On March 30, 2005, the Director of General Services received three sealed bids for the Fiscal Year 2003/2004 Sewer Rehabilitation Program-Phase XIII (SW-230) and Fiscal Year 2004/2005 Sewer Rehabilitation Program-Phase XIV (SW-231). The project includes replacing existing broken sewer mains and laterals, repairing cracked sewer lines, and replacing asphalt concrete pavement in various locations throughout the City. (Director of General Services) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2005-147, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING UNANTICIPATED REIMBURSEMENT FUNDS FROM THE COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IN THE AMOUNT OF $50,000 TO THE FISCAL YEAR 2004/2005 SUPPLIES AND SERVICES BUDGET OF THE POLICE DEPARTMENT (4/5THS VOTE REQUIRED) The Police Department has realized unanticipated reimbursement revenue from the Commission on Peace Officer Standards and Training (POST) and requests to appropriate these unanticipated funds to the training budget of the Police Department. (Chief of Police) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2005-148, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DUDEK & ASSOCIATES, INC. (CONSULTANT), AND THE EASTLAKE COMPANY, LLC (APPLICANT), RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EASTLAKE III SENIOR HOUSING PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The EastLake Company, LLC (Applicant) has filed an application for the EastLake III senior housing project. The Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). The item before the Council is a request for approval of the proposed contract with Dudek & Associates, Inc., for an amount not to exceed $148,306, to provide consultant services for the preparation of the EIR for the proposed project. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes May 10, 2005 L __ __ n_ .____~_ CONSENT CALENDAR (Continued) 14 A. RESOLUTION NO. 2005-149, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A THREE-YEAR CONTRACT TO NBS GOVERNMENT FINANCE GROUP, DBA NBS, FOR PERFORMANCE OF SPECIAL DISTRICT APPORTIONMENT, DELINQUENCY MONITORING, ADMINISTRATION, AND OTHER SERVICES FOR ASSESSMENT DISTRICTS, COMMUNITY FACILITIES (MELLO-ROOS) DISTRICTS, AND OPEN SPACE DISTRICTS; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2005-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE AGREEMENT FOR ASSESSMENT DISTRICT AND COMMUNITY FACILITIES DISTRICT JUDICIAL FORECLOSURE SERVICES TO STRADLING YOCCA CARLSON & RAUTH, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION NO. 2005-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY OR HER DESIGNEE TO INITIATE FORECLOSURE PROCEEDINGS Adoption of the resolutions approves agreements with NBS Government Finance Group, dba NBS, and Stradling Yocca Carlson & Rauth; and authorizes the City Attorney to proceed with judicial foreclosure. The services these consultants provide ensure that the City's fiduciary responsibility to the bondholders is fulfilled. (City Engineer, Director of Finance) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0 with Deputy Mayor Davis absent. ORAL COMMUNICATIONS Christine Rodriguez Moore of Parkview Elementary introduced several students who spoke of their efforts to raise $9,000 for a trip to the Capitol in Sacramento. They stated that they are $1,000 short and requested Council assistance. Mayor Padilla asked staff to bring back a recommendation regarding the request in accordance with City policy. PUBLIC HEARINGS 15. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 7 - Council Minutes May 10, 2005 _ ___o.'"",u__._,_",__,~__<, ..____.__,~_~ ~·__~"·_____'_r~~T__'._·_·_.,__..__ , PUBLIC HEARINGS (Continued) Adoption of the resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a timelier basis. This is the identical process approved by the Council since August 1998. (Director of Finance). Staff recommendation: Council conduct the public hearing and adopt the following resolution: Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Finance Director Kachadoorian reported on the number and valuation of delinquent accounts. There being no members ofthe public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-152, heading read, text waived: RESOLUTION NO. 2005-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 4-0 with Deputy Mayor Davis absent. 16. CONSIDERATION OF AN INCREASE TO THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE (Continued from April 26, 2005) The City of San Diego, as part of the Metropolitan Wastewater District ("Metro"), provides sewage treatment services to fourteen participating agencies that do not own and operate a sewage treatment facility. The City of Chula Vista, along with the other participating agencies, sends sewage generated to San Diego's Wastewater Treatment Plants for treatment. In 1985, Chula Vista established the sewerage capacity charge to fund the planning, design and construction of wastewater collection or treatment facilities needed to facilitate the development of the City. It was also intended to fund either the construction of treatment facilities or the purchase of additional treatment capacity rights in the Metro sewer system. Since then, the City has made several adjustments to the sewerage capacity charge; however, another increase is needed to ensure that there is adequate revenue necessary to fund the acquisition of additional sewage treatment capacity rights. It is recommended that the current sewer capacity charge be increased from $3,000 to $3,478 to ensure that there is adequate capacity in the system. (City Engineer) . Page 8 - Council Minutes May 10, 2005 L -_.__.--..-------._..~- PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. City Engineer AI-Agha provided an overview of the staff report and responded to questions of the Council. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered the following ordinance for fIrst reading and Urgency Ordinance 3006-A for adoption, headings read, texts waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE (FIRST READING) ORDINANCE NO. 3006-A, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE (4/5THS VOTE REQUIRED) 17. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF FISCAL YEAR 2004/2005 STATE CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department has been awarded $307,014 through the Supplemental Law Enforcement Services Fund (SLESF). These State funds were allocated to the Police Department for purposes stipulated by the Citizens' Option for Public Safety (COPS) Program. Acceptance and appropriation of these funds requires a public hearing per stipulations of the State COPS Program. (Chief of Police) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Administrative Services Manager Chew provided a brief overview of the staff report. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. Page 9 - Council Minutes May 10, 2005 __" ~___'u.__,.._. ._." .._,..__._.__<__,,___.",_.._",_~_."~.._,,_._,,__.,__,,"~_~,~._._.~_._.~._. u. PUBLIC HEARINGS (Continued) ACTION: Councilmember McCann offered Resolution No. 2005-153, heading read, text waived: RESOLUTION NO. 2005-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $307,014 FROM THE STATE CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND APPROPRIATING FUNDS BASED ON UNANTICIPATED REVENUE TO THE FISCAL YEAR 2004/2005 PERSONNEL BUDGET OF THE POLICE DEPARTMENT (4/5THS VOTE REQUIRED) 18. CONSIDERATION OF AN ORDINANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988. Since its inception, the program has been updated several times to reflect new land use approvals, proposed changes to the General Plan, and updated project cost estimates. The last TDIF update was approved on August 13, 2002. Adoption of the resolution approves the 2005 TDIF update recommending an increase from the current fee of $8,825 to $10,050 per Equivalent Dwelling Unit (EDU). (City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. City Engineer AI-Agha provided an overview of the staff report and responded to questions of the Council. David Krogh expessed his views on the proposed transportation development impact fees and offered suggestions that a) the fees be refunded to current property owners via a "toll reduction" per state law; b) the fiscal impact be considered and documented in the public record, specifically including the immediate general fund impact and impacts on current property owners for which the Interim SR 125 fee was paid; c) the Council consider a possible adverse fiscal impact on the general fund due to failure to comply with state law regarding a refund of unused impact fees to property owners. He asked that not just the $1.8 million, but rather the entire $15 million, be considered for funding of the toll reduction concept. Additionally, he asked the Council not to take action on Item D below at this time. Councilmember McCann requested that the documents provided by staff to the Council be made available for public review at City Hall and all Libraries. Page 10 - Council Minutes May 10, 2005 PUBLIC HEARINGS (Continued) There being no further members of the audience wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered the following ordinance for first reading and Resolution Nos. 2005-154, 2005-155 and 2005-156 for adoption, headings read, texts waived: A. RESOLUTION NO. 2005-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY STAFF RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, CHAPTER 3.54 OF THE MUNICIPAL CODE (FIRST READING) C. RESOLUTION NO. 2005-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $7 MILLION LOAN REPAYMENT, PLUS INTEREST, FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE INTERIM SR-125 DEVELOPMENT IMPACT FEE FUND D. RESOLUTION NO. 2005-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING THE FUND BALANCE OF THE INTERIM SR-125 DEVELOPMENT IMPACT FEE FUND TO THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND, AND FORGIVING THE $3.3 MILLION, PLUS INTEREST, LOAN BETWEEN THESE FUNDS The motion carried 4-0 with Deputy Mayor Davis absent. City Manager Rowlands recognized soon-to-retire Assistant City Manager Krempl, who was present in the audience, and commended him for his past work on the Transportation Development Impact Fee Fund. ACTION ITEMS 19. CONSIDERATION OF THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2005/2006, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); HOME INVESTMENT PARTNERSHIP (HOME); AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI); AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS Page 11 - Council Minutes May 10, 2005 .,~____.__...,._"~.,_,~..__...~.,.."~~._ n'" ,.,._"~<__~~<.<..__,...__ .. .._ __ '~"~~._.'.'_" ACTION ITEMS (Continued) The City is eligible to receive $2,299,525 in Community Development Block Grant (CDBG), $1,027,072 in Home Investment Partnership (HOME), $34,958 in American Dream Downpayment (ADDI), and $87,011 in Emergency Shelter Grant (ESG) entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2005/2006 upon submittal and approval of the Annual Action Plan. (Director of Community Development) Assistant Community Development Director Smith provided the staff report and responded to questions of the Council. Councilmember Rindone noted that he would request additional funding during the budget process for Tab 13, the Day ofthe Child Program. Deborah Munoz, representing the Child Care Commission, thanked the Council for committing to further consider additional funding for the Day of the Child Program. Councilmember McCann recognized Child & Youth Policy Advocate Marcelino in the audience and thanked all the groups that applied for funding. Mayor Padilla spoke regarding attempts to save future CDBG funding and recommended that concerned groups contact their local representatives. ACTION: Councilmember Rindone offered Resolution No. 2005-157,heading read, text waived: RESOLUTION NO. 2005-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FY 2005/2006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); HOME INVESTMENT PARTNERSHIP (HOME); AMERICAN DREAM DOWNPA YMENT INITIATIVE (ADDI); AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FY 2005/2006 PROPOSED BUDGET The motion carried 4-0 with Councilmember Davis absent. ITEMS PULLED FROM THE CONSENT CALENDAR There were none. Page 12 - Council Minutes May 10, 2005 OTHER BUSINESS 20. CITY MANAGER'S REPORTS City Manager Rowlands announced that budget hearings were scheduled at 4:00 p.m. on June 2, June 8 and June 9, 2005, with budget adoption scheduled for the regular meeting of June 21, 2005. 21. MAYOR'S REPORTS There were none. 22. COUNCIL COMMENTS Councilmember Castaneda requested a report on the bicycle helmet enforcement policy and ways to make it a higher priority. CLOSED SESSION 23. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo · Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers This item was not discussed. 24. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case No reportable action was taken on this item. ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of May 17, 2005, at 6:00 p.m. in the Council Chambers. ~ð.-I... ~ 8"~ Susan Bigelow, MMC, City Clerk Page 13 - Council Minutes May 10, 2005 _ .. . .,_",.,_.,....,__,~_, __~..~·'~_'·.~='_·o·._~__.~~_~~~_~~~~~,._._~._~_""