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HomeMy WebLinkAboutcc min 2005/07/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 26, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:12 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda, Davis, McCann, Rindone, 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 . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE OFFICERS Police Chief Emerson introduced the recently hired police officers. City Clerk Bigelow administered the Oath of Office to Officer Oswaldo Rivera. CONSENT CALENDAR (Items 1 through 8) With reference to Item 7, Councilmember Rindone recommended that there be a minimum of two members of the Commission on Aging who are representative of the disabled community. 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of June 28,2005. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS . Letter ftom Mayra Reyes, a student at EastLake High School, requesting financial support to attend the Junior Statesmen Summer School at Stanford University. Staff recommendation: One hundred dollars be granted from the Council Contingency Fund to the Junior Statesmen Foundation towards Ms. Reyes's expenses, in exchange for which she will make a presentation to a City youth group. Page 1 - Council Minutes July 26, 2005 CONSENT CALENDAR (Continued) 3. ORDINANCE NO. 3015, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 3.18.010 TO ESTABLISH A NEW AMOUNT FOR THE SEWERAGE FACILITIES REPLACEMENT COMPONENT OF THE SEWER SERVICE CHARGE AND ALLOWING THE CITY COUNCIL TO ESTABLISH SUCH AMOUNTS IN THE FUTURE BY COUNCIL RESOLUTION (SECOND READING) The sewer service charge is paid by all users who are connected to the City's wastewater collection system. Revenues derived from this fee are used to fund the cost of wastewater treatment, system maintenance and operation. Based on the findings of a study, it was determined that over the long term, the existing sewer rates would not generate the revenues needed to meet the obligations of the sewer fund, therefore the rates need to be adjusted. This ordinance was introduced at the Regular Meeting of July 19,2005. (City Engineer) Staffrecommendation: Council adopt the ordinance. 4 A. RESOLUTION NO. 2005-265, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 12-M (VILLAGE 7) B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 12-M (VILLAGE 7 (FIRST READING) Proceedings were previously initiated for the formation of Community Facilities District (CFD) 12-M. On July 19,2005, a Special Tax Election for CFD 12-M was conducted. Adoption of the ordinance authorizes the levy of Special Taxes within CFD 12-M. This district will fund the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Village 7. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 5. RESOLUTION NO. 2005-266, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO TRUGREEN LANDCARE IN THE AMOUNT OF $164,926 FOR ANNUAL LANDSCAPE MAINTENANCE OF AUXILIARY OPEN SPACE AREAS, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE ADDITIONAL, ONE-YEAR OPTION PERIODS Bids to provide landscape maintenance services for the City's open space districts, community facility districts, Telegraph Canyon Road, and medians and parkways were opened on April 14, 2005. Auxiliary areas were omitted due to their relatively small size or recent inclusion in the City's landscape maintenance program. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes July 26, 2005 , L CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2005-267, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $227,493 FOR NINE REPLACEMENT POLICE SEDANS TO VILLA FORD, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE BID A3044-00-A AND Q2865/00 The Fiscal Year 2005/2006 equipment replacement budget provides for the replacement of nine police sedans. Chula Vista Municipal Code Section 22.56.140 and Council Resolution 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.37.010, 2.37.020,2.37.30 AND 2.37.040 OF THE MUNICIPAL CODE, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON AGING (FIRST READING). The role of the Commission on Aging in the community has been evolving to include representation of not only older adults, but adults with disabilities, as well. Adoption of the ordinance amends the municipal code to redefine the functions of the Commission. (Director of Recreation) Council place the ordinance on first reading. 8. RESOLUTION NO. 2005-268, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING THE FOURTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES, RELATED TO MITIGATION MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE COORDINATION AND OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL DOCUMENTS Adoption of the resolution approves the fourth amendment to an existing contract with Marion B. Borg in an amount not to exceed $86,000. This consultant has performed as an extension of City staff in the capacity of an environmental project manager, and has performed well. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ACTION: With reference to Item 7, Councilmember Rindone moved to introduce the ordinance as amended to include a provision that a minimum of two members of the Commission on Aging shall be representative of the disabled community. Mayor Padilla seconded the motion, and it carried 5-0. ACTION: Mayor Padilla moved to approve staff's recommendations and offered the balance of the Consent Calendar, headings read, texts waived. The motion carried 5-0. Page 3 - Council Minutes July 26. 2005 ORAL COMMUNICATIONS Lupita Jiminez congratulated the recently hired police officers and commented that women should also be considered for police officer positions. PUBLIC HEARINGS 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION 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 is received on a more timely basis. (Director of Finance) 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. Assistant Director of Finance Davis recommended that the 86 delinquent sewer accounts, valued at $41,900, be placed on the next regular property tax bill for collection. Councilmember McCann requested staff to provide a brief report on the lien process in order to assess how efficiently the program is working. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-269, heading read, text waived: RESOLUTION NO. 2005-269, 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 5-0. 10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 4 - Council Minutes July 26, 2005 ~ PUBLIC HEARINGS (Continued) Adoption of the resolution enhances the collection process for solid waste service charges by reducing the amount of uncollectible losses and ensuring that payment is received on a timelier basis. (Director of Finance) 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. Assistant Director of Finance Davis recommended that the 146 delinquent solid waste accounts ,valued at $18,369, be placed on the next regular property tax bill for collection. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-270, heading read, text waived: RESOLUTION NO. 2005-270, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 5-0. 11. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING ORDINANCE 2898, RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMP ACT FEE PROGRAM FOR OT A Y RANCH VILLAGE 11 Adoption of the ordinance and resolution would update the Pedestrian Bridge Development Impact Fee program for Otay Ranch Village 11 to account for construction cost increases of the pedestrian facilities. The fee, payable at issuance of a building permit, will increase from $827 to $1,728 per equivalent dwelling unit. This will be the first adjustment ofthe fee since its inception on February 18,2003. (City Engineer) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNING & FINANCING GROUP RECOMMENDING THE UPDATE OF THE EXISTING PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR OT A Y RANCH VILLAGE 11 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2898 RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR OT A Y RANCH VILLAGE 11 ACTION: It was the consensus of the Council to remove Item 11 ITom the agenda at the request of staff. The public hearing was not opened, and no action was taken. Page 5 - Council Minutes July 26, 2005 PUBLIC HEARINGS (Continued) 12. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S ACTION REGARDING THE TERM LIMIT FOR THE UNIVERSITY OF PHOENIX, AND APPROVAL OF A CONDITIONAL USE PERMIT FOR AN EIGHT-YEAR TERM Adoption of the resolution allows the University of Phoenix to operate at 2060 Otay Lakes Road for an eight-year term instead of the five-year term approved by the Planning Commission. (Director of Planning and Building) 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. Senior Planning Technician Young presented the proposed school location and conditional use permit (CUP). Councilmember Castaneda asked why the Planning Commission restricted the CUP to five years. Planning and Building Director Sandoval replied that he believed the commission had adhered to the standard requirement of a five-year CUP expiration. He also commented that he believed the site had no potential to cause problems. Joe Carroll, representing the University of Phoenix, explained that the Planning Commission had not focused on the lease term, which has been extended for more than seven years. He added that the City has the opportunity at any time to review the tenant's compliance with the CUP's conditions of approval. With no other members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-271, heading read, text waived: RESOLUTION NO. 2005-271, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT PCC-05-043, TO ALLOW AN ADULT EDUCATIONAL FACILITY FOR A PERIOD OF EIGHT YEARS, LOCATED IN AN EXISTING BUILDING AT 2060 OTAY LAKES ROAD IN THE EASTLAKE PROFESSIONAL PLAZA, EASTLAKE COMMERCIAL DISTRICT, PROFESSIONAL AND ADMINISTRATIVE ZONE The motion carried 5-0. 13. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW BONITA COUNTRY DAY SCHOOL TO CONTINUE TO OPERATE A PRIVATE, NON- PROFIT ELEMENTARY SCHOOL Adoption of the resolution allows the existing school to continue to operate at 625 Otay Lakes Road for an additional five years. (Director of Planning and Building) Page 6 - Council Minutes July 26, 2005 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. Senior Planning Technician Young presented the proposed CUP for Bonita Country Day School. Deputy Mayor Davis stated that she was contacted last year by some parents who had removed their children from the school as a result of health concerns about the ventilation in the classroom. She asked how the City addressed such health concerns. Planning and Building Director Sandoval replied that the County Health Department would be the agency to address such safety issues. Mr. Paul Catanzaro, Headmaster of Bonita Country Day School, clarified that following the San Diego fires a couple of years ago, the school provided the City with two environmental reports verifying that the air in all rooms was cleaner inside than outside. Councilmember Castaneda asked if the City has a policy that addresses the appropriateness of waiving fees for various non-profit entities. Director Sandoval replied that the Municipal Code provides that a certain dollar amount may be waived by the City Manager; and higher amounts would be brought forward for Council approval. Councilmember Castaneda asked why the application fees should be waived. Director Sandoval responded that the rationale by staff to waive the fees was based on I) the fact that the school has a copy of its non-profit status; 2) the school's tuition fee covers its cost to educate the students but includes no profit, and 3) the Council approved the original CUP. Councilmember Castaneda asked whether Bonita Country Day School offered scholarships to disadvantaged students. Mr. Catanzaro replied that the school offers discounts for second and third children in a family. Mayor Padilla expressed the need to refine the City's policy regarding the waiver of fees for non- profit organizations. He added that he would like to see updated documentation about the school's status as a non-profit and believed that if fees were to be waived, the school should give something back to the community in return. He stated that he would support the CUP but could not support the waiver of fees. ACTION: Councilmember Castaneda offered Resolution No. 2005-272, as amended to remove the waiver of application fees for the project, heading read, text waived: RESOLUTION NO. 2005-272, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT, PCC-05-021, TO ALLOW BONITA COUNTRY DAY SCHOOL TO CONTINUE TO OPERATE A PRIVATE NON-PROFIT ELEMENTARY SCHOOL FOR AN INTERIM PERIOD OF FIVE YEARS AT 625 OTAY LAKES ROAD IN THE BONITA LONG CANYON PLANNED COMMUNITY PUBLIC QUASI ZONE The motion carried 5-0. Page 7 - Council Minutes July 26, 2005 OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MAYOR'S REPORTS A. Ratification of reappointments to the following boards, committees and commissions: . Board of Library Trustees: Virginia Martinez . Charter Review Commission: Armida Martin Del Campo, Cheryl Cox . Child Care Commission: Debora Munoz . Civil Service Commission: Salvador Saucedo . Cultural Arts Commission: Frances Cornell . Growth Management Oversight Commission: Steve Palma . Housing Advisory Commission: Steven Zasueta . Human Relations Commission: Anne Cordon . Mobilehome Rent Review Commission: Edmond LaPierre (Ex-officio), Thomas Teagle . Nature Center Board of Trustees: Herbert Young, Margery Stinson . Parks & Recreation Commission: Chris Searles . Resource Conservation Commission: Tracy-Lynn Means . Safety Commission: Mark Perrett, Angel Rosario . Veterans Advisory Commission: Bobby Price, Stephen Milliken ACTION: Mayor Padilla moved to ratify the reappointment of the abovementioned Commissioners. Councilmember Rindone seconded the motion, and it carried 5-0. B. Council appointment to the Chula Vista Veterans Home Support Foundation ACTION: Mayor Padilla moved to appoint Deputy Mayor Davis and Councilmember McCann to the Chula Vista Veterans Home Support Foundation. Councilmember Castaneda seconded the motion, and it carried 5-0. C. Council appointment to the City/Schools Task Force Mayor Padilla requested the City Attorney to review how the City/Schools Task Force was formed and determine whether members could rotate for quarterly meetings. Further, he asked that that this item be brought back for discussion at a future date. No action was taken. D. Council appointment to the Police Activities League ACTION: Mayor Padilla moved to appoint Councilmember Castaneda to the Police Activities League. Councilmember McCann seconded the motion, and it carried 5-0. Page 8 - Council Minutes July 26, 2005 MAYOR'S REPORTS (Continued) Mayor Padilla announced that the Council and Agency meetings would adjourn in memory of Mark Allen, Lead Custodian for the City. Mayor Padilla talked about Mark's good work ethic, positive attitude, and the love and respect he attained from the Council and all levels of staff. 16. COUNCIL COMMENTS Councilmember Rindone congratulated Detective Mark Jones, who was selected as the City's Police Office of the Year. He requested that Police Chief Emerson formerly recognize Detective Jones at a future Council meeting. Councilmember McCann acknowledged the recent 50th anniversary celebration of Parkway Gym. Councilmember Castaneda congratulated Mayor Padilla on his recent appointment to the California Coastal Commission. ADJOURNMENT Mayor Padilla adjourned the meeting in memory of Mark Allen to an Adjourned Regular Meeting on August 2, 2005. at 4:00 p.m., in Conference Rooms 2 and 3 in the Public Services Building. The Regular Meeting of August 2, 2005 was cancelled. ~ d.J.....\~g-~ Susan Bigelow, MMC, City Clerk Page 9 - Council Minutes July 26,2005