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HomeMy WebLinkAboutcc min 2005/09/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 13, 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, 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 . INTRODUCTION BY FIRE CHIEF PERRY OF THE EMPLOYEE OF THE MONTH, JOHN P. HESS, FIREFIGHTER Deputy Fire Chief Peter introduced the employee of the month, John Hess. Mayor Padilla read the proclamation, and Councilmember McCann presented it to Firefighter Hess. . INTRODUCTION BY PAULA BROWN PEELING, ASSISTANT LIBRARY DIRECTOR, OF THE TOP READERS FROM THE SUMMER READING PROGRAM Assistant Library Director Paula Brown Peeling introduced the top six readers in the Library's student summer reading program. Ms. Brown Peeling then presented each student with a certificate for outstanding achievement. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAN BEINTEMA, NATURE CENTER DIRECTOR, PROCLAIMING SEPTEMBER 19 THROUGH SEPTEMBER 25, 2005 AS NATIONAL POLLUTION PREVENTION WEEK Mayor Padilla read the proclamation, and Councilmember McCann presented it to Nature Center Director Dan Beintema and his staff. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CARLOS BEJAR, DISASTER PREPAREDNESS MANAGER, PROCLAIMING SEPTEMBER 2005 AS NATIONAL PREPAREDNESS MONTH Mayor Padilla read the proclamation, and Councilmember McCann presented it to Disaster Preparedness Manager Bejar. Mr. Bejar also introduced Sydney Porch, Assistant Principal with the Sweetwater Union High School District, and James Quinn, a CERT volunteer. SPECIAL ORDERS OF THE DAY (Continued) Mayor Padilla introduced and welcomed Gordon Siu, a senior student at Bonita Vista High School, who is currently serving as an Intern in the Office of the Mayor and Council. Mayor Padilla then spoke of Mr. Siu's numerous outstanding academic achievements. CONSENT CALENDAR (Items 1 through 19) Regarding Item 6, Councilmember McCann stated that he would abstain from voting on the item, since he owns property within 500 feet of the event location. Councilmember Rindone requested that Item 18 be pulled ITom the Consent Calendar for discussion. Steve Molski spoke to Items 9, 10, and II regarding salary benefit enhancements for Police, Fire, Mayor and Council, and City staff, stating that City employees are calling the shots and leaving seniors and low-income residents with no benefits. He asked the Council to postpone the proposed staff benefit enhancements indefinitely. He also asked the Council to keep inflation down and apply funding to repair streets in the City. Mayor Padilla clarified that there are no salary raises proposed for the Mayor and City Council, as those salaries are set forth by the State of California as dictated in the City Charter. City Manager Rowlands further clarified that the City is growing rapidly and that the City pays the best salaries to obtain the best employees overall. With reference to Items 9, 10, and 11, Councilmember Rindone noted that funding for each employee bargaining unit reflects a 20 percent rate of growth and an appropriation of $2.23 million, of which $2.06 million will be offset by property tax revenue, which is applicable to all three items in the aggregate. Steve Miller, past president of the Chula Vista Fire Union Local 2180, stated that, unlike our counterparts to the west, he has never seen the Council, City Manager, or unions in the City place themselves first before the constituents. With respect to Items 9, 10, and II, Mayor Padilla stated that the City invests in its employees on every level. Councilmember Castaneda added that the labor organizations that represent the City employees are extremely professional and that the City would not consider benefit packages it could not afford. He added that, despite the proposed compensation packages, the City is still paving more streets, improving sewer and storm drain systems, and restoring neighborhoods. The City will never find itself in a situation where safety personnel leave the City to seek employment elsewhere because the City does not pay a standard that is commensurate with what the jobs entail. Councilmember McCann expressed the need to ensure that the City has professional and first-class Fire and Police Departments. He stated that the Council is willing to invest in quality employees in order to best serve the citizens. Additionally, the City will continue to be fiscally responsible and provide citizens with the quality they deserve. Page 2 - Council Minutes CONSENT CALENDAR (Continued) With reference to Item 17, Catherine Romero expressed disappointment that the residents and parents of Castle Park Elementary School were not included in the decision-making process to prioritize sidewalk construction in the school zone. She suggested that the proposed sidewalk improvements on Tobias Drive be replaced with sidewalk improvements on Oxford Street from Alpine to Elm A venue. She reported that many more residents use this block to travel to the school, including a physically challenged student who lives on the block and who must navigate his way on the street. General Services Director Griffin responded that the grant for the project was specifically to construct sidewalks where sidewalks currently do not exist. 1. WRITTEN COMMUNICATIONS A. Memorandum from JoAnn Jonas, Staff Liaison to the Youth Advisory Commission, regarding the resignations of Yazmin DeSaracho and Patricia DeSaracho, members of the Youth Advisory Commission. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with the Maddy Act. B. Letter of resignation ITom Eloy Ledesma, member of the Youth Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. ORDINANCE NO. 3017, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2898, RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR OTAY RANCH VILLAGE II (SECOND READING) The original Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village II was created to finance half of the construction cost of two pedestrian over-crossings for Otay Ranch Village 11, the Hunte Parkway over-crossing and the Eastlake Parkway over-crossing. The remaining cost of the pedestrian over-crossings will be funded by the adjacent projects as a condition of development. Adoption of the ordinance approves an update to the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village II to account for construction cost increases. This ordinance was introduced on August 23, 2005. (City Engineer) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3018, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 13.3 ACRES AT THE NORTHWEST CORNER OF MILLER DRIVE TERMINUS AND EASTLAKE PARKWAY (SECOND READING) Page 3 - Council Minutes http://www.chulavistaca.gov September 13,2005 CONSENT CALENDAR (Continued) The applicant, Sudberry Properties, Inc., has submitted applications to amend the City's General Plan and EastLake Planned Community Regulatory documents to change the land use designation of approximately 13.3 acres at northwest corner of EastLake Parkway and Miller Drive from Research and Limited Manufacturing to Retail Commercial. This ordinance was introduced on August 23, 2005. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3019, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA) PLAN RE-ZONING A PORTION OF NEIGHBORHOOD R-2 FROM SF-4 TO RM-l ON THE LAND USE DISTRICTS MAP, AND MODIFYING THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR ENTRY FEATURE SETBACKS IN THE RM-l ZONE (SECOND READING) Otay Project, LP (Otay Ranch Company) has applied to amend the Village Seven Sectional Planning Area Plan Land Use Districts Map, re-zone a portion of Neighborhood R-2 from SF-4 to RM-l, and modify the Planned Community District Regulations for entry feature setbacks in the RM-l zone. This ordinance was introduced on August 23, 2005. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION NO. 2005-296, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ALTERNATIVE VERSION OF THE CITY LOGO; AMENDING COUNCIL POLICY NO. 100-01; AND ADOPTING THE HANDBOOK ENTITLED '"USING THE LOGO PROPERLY" TO SUPPLEMENT COUNCIL POLICY 100-01 REGARDING USE OF THE CITY LOGO AND SEAL Adoption of the resolution provides an alternative option for use of the adopted City of Chula Vista logo. (Director of Communications) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-297, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE ON SATURDAY, SEPTEMBER 24, 2005, AND WAIVING ASSOCIATED FEES FOR POLICE SERVICE AND TRANSIT BUS SERVICE The Bonitafest Committee and its sponsoring organization, the Bonita Business and Professional Association (BBPA), is requesting permission to conduct the 33rd Annual Bonitafest on Saturday, September 24, 2005. (Chief of Police) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes http://www.chulavistaca.gov September 13, 2005 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2005-298, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING ICMA VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN AS ALLOWED BY PRIVATE LETTER RULINGS ISSUED BY THE INTERNAL REVENUE SERVICE The continuing increase in long-term care and prescription drug expenses means that retirees are increasingly responsible for growing medical costs. The City offers a retiree health benefit savings plan to all benefited employees through ICMA's VantageCare Retirement Health Savings (RHS) Plan. RHS is a health benefit savings vehicle that allows employees to pre-fund their medical needs during retirement or upon separation from City service. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2005-299, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF RECREATION TO EXECUTE PERMITS TO AGENCIES PROVIDING SERVICES AND UTILIZING OFFICE SP ACE AT NORMAN PARK CENTER The City has issued and renewed multi-year permits to several social service agencies, allowing them to utilize office space in the upstairs area at Norman Park Center. These agencies provide valuable community services, which target the senior population. (Director of Recreation) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2005-300, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SALARY AND BENEFIT ENHANCEMENTS WITH THE CHULA VISTA POLICE OFFICERS ASSOCIATION AND APPROPRIATING FUNDS THEREFOR The Memorandum of Understanding (MOU) between the City and the Chula Vista Police Officer's Association (POA) expired June 30, 2005. During the past several months, negotiating teams representing the POA and the City have worked collaboratively toward developing a mutually beneficial MOU covering fiscal years 2006 through 2010. The parties have reached agreement on a salary and benefit package for this timeframe while continuing to meet and confer on a number of issues concerning the MOU's language. The final MOU between the City and the POA will be brought to Council for adoption later in the year, once final agreement is reached. The proposed resolution approves the salary and benefit enhancements that have been agreed upon by the City and POA. The proposed salary and benefit enhancements were ratified by a majority of the POA membership at a general membership meeting on July 5, 2005. If adopted, the proposed salary and benefit enhancements will significantly improve the City's competitive position in the local labor market, resulting in more effective employee recruitment and retention. (Director of Budget and Analysis, Director of Human Resources) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes http://www.chulavistaca.gov September 13,2005 CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2005-301, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SALARY AND BENEFIT ENHANCEMENTS FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2180 AND APPROPRIATING FUNDS THEREFOR The Memorandum of Understanding (MOU) between the City and the International Association of Firefighters Local 2180 (IAFF) expired June 30, 2005. During the past several months, negotiating teams representing the IAFF and the City have worked collaboratively toward developing a mutually beneficial MOU covering fiscal years 2006 through 2010. The proposed resolution approves the salary and benefit enhancements that have been agreed upon by the City and the IAFF. The proposed enhancements were ratified by a majority of the IAFF membership at a general membership meeting on July 20, 2005. If adopted, the proposed salary and benefit enhancements will significantly improve the City's competitive position in the local labor market, resulting in more effective employee recruitment and retention. (Director of Budget and Analysis, Director of Human Resources) Staffrecommendation: Council adopt the resolution. II A. RESOLUTION NO. 2005-302, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SALARY AND BENEFIT ENHANCEMENTS FOR THE CHULA VISTA EMPLOYEES ASSOCIATION, THE WESTERN COUNCIL OF ENGINEERS, AND ALL NON-REPRESENTED EMPLOYEES AND APPROPRIATING FUNDS THEREFOR B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD AN ANIMAL CONTROL MANAGER (FIRST READING) During the past several months, representatives for the City have met independently with representatives for CVEA and WCE towards developing mutually beneficial MOUs covering Fiscal Years 2006 through 2010. The City has reached agreement with each of the bargaining units on salary and benefit packages covering this timeframe. The City continues to meet and confer with the groups on a number of MOU-related issues. The final Memoranda of Understanding with CVEA and WCE will be brought to Council for adoption later this year, once final agreement has been reached. The proposed resolution provides wage and benefit enhancements for the following miscellaneous groups: CVEA, WCE, Confidential Employees, Mayor and Council, Executive Managers, Senior Managers, Middle Managers, and unclassified hourly employees. The proposed salary and benefit enhancements were ratified by a majority of CVEA members on July 20, 2005, and by a majority of WCE members on July 12, 2005. (Director of Budget and Analysis, Director of Human Resources) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. Page 6 - Council Minutes http://www.chulavistaca.gov September 13, 2005 ~_._._--_.- CONSENT CALENDAR (Continued) 12 A. RESOLUTION NO. 2005-303, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH, SUB-AREA III, NEIGHBORHOOD lOB FINAL MAP; ACCEPTING ON BEHALF OF THE CITY THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS B. RESOLUTION NO. 2005-304, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN ROLLING HILLS RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN ROLLING HILLS RANCH SUB-AREA III, NEIGHBORHOOD lOB, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On October 6, 1992, the Council approved a tentative subdivision map for Salt Creek Ranch, Chula Vista Tract No. 92-02. On May 13, 2003, the Council approved an amending tentative subdivision map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Sub-area III, Chula Vista Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original tentative subdivision map were redesigned. Adoption of the proposed resolutions approves the Neighborhood lOB Final Map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements, license & maintenance agreement for privately maintained public property. (City Engineer) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION NO. 2005-305, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE LOT "E" OF CHULA VISTA TRACT NO. 00-02, EASTLAKE BUSINESS CENTER II, PHASE 2, MAP NO. 14395 The proposed site plan for the Home Improvement Design Center within the EastLake Business Center, located at 881 Showroom Place, requires the modification of the property boundary with the adjacent open space lot at the northeast corner of Fenton Street and Otay Lakes Road. The open space lot is owned by The Eastlake Company and will be maintained by the Eastlake Business Center Owner's Association, both of whom agreed to the modification. The City has an irrevocable offer for fee title in the open space lot. Adoption of the resolution rejects the City's interest in the lot so that a new irrevocable offer of fee interest can be given to the City along the new parcel configuration. (City Engineer, Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 7 - Council Minutes http://www.chulavistaca.gov September 13, 2005 CONSENT CALENDAR (Continued) 14 A. RESOLUTION NO. 2005-306, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTAY RANCH VILLAGE SEVEN), DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT 12-1 (MCMILLIN- OT A Y RANCH - VILLAGE SEVEN) (FIRST READING) On July 12, 2005, the Council approved the resolution of intention to establish Community Facilities District No. 12-1 (CFD 12-1). On August 23, 2005, the Council adopted resolutions to form and establish CFD 12-1 and to declare the necessity to incur bonded indebtedness. On August 30, 2005, a special election of eligible property owners was held at the City Clerk's office for the purpose of voting on the formation ofCFD 12- 1. (City Engineer) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 15. RESOLUTION NO. 2005-307, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP OF CHULA VISTA TRACT NO. 05-09, OTA Y RANCH VILLAGE SEVEN; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS SHOWN THEREON; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2004-332 . I On October 12, 2004, the Council approved a tentative subdivision map for Otay Ranch Village Seven, Chula Vista Tract No. 05-09. Adoption of the resolution approves the Otay Ranch Village Seven "A" Map, its associated subdivision improvement agreement, and its associated supplemental subdivision improvement agreement. (City Engineer) Staff recommendation: Council adopt the resolution. . 16. RESOLUTION NO. 2005-308, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE "DIXON DRNE BETWEEN NAPLES STREET AND OXFORD STREET IN THE CITY OF CHULA VISTA, CALIFORNIA" CAPITAL IMPROVEMENT PROJECT AND APPROVING A BUDGET TRANSFER FROM THE EXISTING SOUTHWESTERN CHULA VISTA STREET IMPROVEMENTS PROJECT (STL-306) NECESSARY TO COMPLETE THE PROJECT, ACCEPTING BIDS AND A WARDING A CONTRACT FOR THE "DIXON DRIVE BETWEEN NAPLES STREET AND OXFORD STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-302)" PROJECT Page 8 . Council Minutes http://www.chulavistaca.gov September 13, 2005 L CONSENT CALENDAR (Continued) On August 31, 2005, the Director of General Services received sealed bids for this project. The work to be done consists of sidewalk improvements and related street work along Dixon Drive, trom Naples Street to Oxford Street. The work also includes all labor, material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 17. RESOLUTION NO. 2005-309, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING TDAlTRANSNET BICYCLE- PEDESTRIAN FUNDS IN THE AMOUNT OF $88,300 TO THE "CASTLE PARK ELEMENTARY SIDEWALK IMPROVEMENTS, SOUTH SIDE OF NAPLES STREET FROM ALPINE AVENUE TO 200 FEET EAST OF TOBIAS DRIVE, EAST SIDE OF TOBIAS DRIVE FROM NORTH OF ORLANDO COURT TO GENTRY WAY IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-287)" PROJECT AS NECESSARY TO COMPLETE THE PROJECT On June 24, 2005, the SANDAG Board of Directors approved the bicycle-pedestrian working group's recommendations regarding the funding of projects in fiscal year 2006, and, of those projects, this project was approved for $88,300. (Director of General Services) Staff recommendation: Council adopt the resolution. 19. RESOLUTION NO. 2005-311, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR MAINTENANCE OF THE BAYSHORE BIKEWAY ALONG THE WEST SIDE OF INTERSTATE 5, FROM E STREET TO THE CITY'S NORTHERLY BOUNDARY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY In 1978, the City entered into a cooperative agreement with CalTrans, the County of San Diego, and the cities of San Diego, National City, Imperial Beach, and Coronado for commuter bikeway construction. The proposed agreement further clarifies the City's maintenance responsibilities under the 1978 cooperative agreement. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items I through 17 and Item 19, headings read, texts waived. The motion carried 4-0, except for Item 6, which carried 3-0-1, with Councilmember McCann abstaining since he owns property within 500 feet of the event's location. Page 9 - Council Minutes http://www.chuJavistaca.gov September 13,2005 ORAL COMMUNICATIONS Denise Touchette expressed frustration that she has been unable to obtain copies of police reports. She also talked about corruption and about terrorists entering the country who want to destroy our freedom. Gene Rice stated that he recently received a letter from the City requesting payment for sewer services for the past few years. He said he was not notified of changes to the previously combined water/sewer billing process and did not receive notices of payments due. He asked the Council to address the issue. Barbara Rice stated that she recently received a letter from the City, dated August 30, 2005, requesting payment of $1,582.20 for sewer charges. The letter also stated that her account with Otay Water District had not included sewer service since April 1992, when her account with Otay Water was activated. She added that sewer charges were paid through her property tax bill through 2000. Ms. Rice stated that she had been unaware of changes in the billing system, and she felt the charges were unfair and would pose a financial hardship. She suggested that she should only be held responsible for sewer service charges after August 30, 2005, the date of the City's letter, and she requested a waiver of back charges. Lamar Johnson stated that his sewer bills have been paid through his property taxes for the past 20 years. After the incorporation of the Otay Water District, he was informed that his sewer bill would be placed on his water bill. He subsequently received a bill on 7/9/02 for $22.37. He stated that he also received a letter from the City requesting back payment for sewer services in the amount of$I,759.51. He requested that the issue be addressed. Marie Jessen stated that she also received a letter from the City requesting payment of over $1,000 for sewer charges, an amount she cannot afford to pay. She stated that had she received regular monthly billings, she would have paid them. City Manager Rowlands asked the above residents to meet with staff present at the meeting to address their concerns. The following members of the public spoke in opposition to the participation of the Mayor and Police Department in the pride parade: Allyson Smith, Stephanie Hopping. Bill Daniel, Phil Magnan, James Hartline, and Thomas McManus. Peter Watry talked about a constituent who, at a past Council meeting, asked the City to remove overgrown weeds from a City storm drain passing through his yard. Mr. Watry reported that he had met with the resident; and he commended staff for obtaining the required approvals from various agencies and clearing the area, thus resolving the problem. At 7:56 p.m., Mayor Padilla recessed the meeting and convened the joint City Council/Redevelopment Agency meeting. He reconvened the Council meeting at 7:59 p.m., with Councilmembers Castaneda, McCann, and Rindone also present. Item No. 24 was taken out of order and discussed at this time, prior to the public hearings. Page 10 - Council Minutes http://www.chulavistaca.gov September J 3.2005 ~ PUBLIC HEARINGS 20. CONSIDERATION OF APPLICANT'S APPEAL OF CERTAIN CONDITIONS OF APPROVAL MADE BY THE CITY'S DESIGN REVIEW COMMITTEE FOR A PLANNED SIGN PROGRAM FOR THE EASTLAKE DESIGN DISTRICT (APPLICANT: INTERNATIONAL REAL ESTATE - Continued ITom August 23, 2005) The applicant is reconsidering the content of the appeal and has requested a continuance to September 27, 2005. Staff informed those who spoke regarding this item at the August 23'd meeting of the item's continuance. (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. There were no members of the public who wished to speak to the item. ACTION: Mayor Padilla moved to continue the item to a future date. Councilmember McCann seconded the motion, and it carried 3-0. 21. CONSIDERATION OF THE VACATION OF A PEDESTRIAN ACCESS EASEMENT CONNECTING EAST RIENSTRA STREET AND THE APOLLO II CONDOMINIUM COMPLEX The City is considering vacating a pedestrian access easement connecting East Rienstra Street and the Apollo II condominium complex located west of Melrose Avenue and north of East Orange Avenue. The Paul Miller Company, representative of the Apollo II Homeowners Association and owner of the property located at 274 East Rienstra Street, has requested the vacation of the above-mentioned easement. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, the Council adopted Resolution of Intention No. 2005-276 setting a public hearing for September 13, 2005, to consider the vacation of the easement. In order to vacate, the Council must adopt a resolution ordering the vacation of the easement. (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. Civil Engineer Evetovich presented the staff report. Police Community Relations Specialist Preuss discussed concerns regarding criminal activity in the area. Councilmember Castaneda requested that staff consider placing language on public notices that could be better understood by all members of the public but still meet legal requirements. Sherry Smiley, a homeowner who lives near the subject easement, stated that the City would be impacting the lives of many families and local schools in the area by vacating the pedestrian easement. She explained that the area is a low-income neighborhood, and most students use the path to walk to school. She asked that the easement not be vacated and suggested the placement of garbage cans on Reinstra Street and lighting in the area. Page 11 - Council Minutes http://www .chulavistaca.gov September 13, 2005 PUBLIC HEARINGS (Continued) There being no further members of the public who wished to speak, Mayor Padilla closed the public hearing. Councilmember McCann questioned the crime statistics for the area. Mr. Preuss responded that there have been cases of vehicle burglary and petty theft. Councilmember McCann asked what alternatives could be considered for the area. Mr. Preuss suggested replacing shrubs with low ground cover, placing a pole light at the bottom of the stairway, and removing the chain link fencing. ACTION: Mayor Padilla then offered Council Resolution No. 2005-312, heading read, text waived: RESOLUTION NO. 2005-312, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF A PEDESTRIAN ACCESS EASEMENT CONNECTING EAST RIENSTRA STREET AND THE APOLLO II CONDOMINIUM COMPLEX The motion carried 3-0. 22. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) Residential properties along Tobias Drive, between Naples Street and Oxford Street, are currently without curbs, gutters, or sidewalks. Thirty of the thirty-nine property owners have signed a petition requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. Council previously adopted resolutions accepting the petition, approving the boundary map and Preliminary Engineer's report, ordering the initiation of ballot proceedings, and setting the public hearing. (Director of General Services) 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. With no members of the public wishing to speak, he then closed the hearing and asked the City Clerk to tabulate the ballots. City Clerk Bigelow reported that 26 votes favored and 3 votes opposed the formation of the assessment district. ACTION: Councilmember McCann offered Council Resolution No. 2005-313, heading read, text waived: RESOLUTION NO. 2005-313, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR ASSESSMENT DISTRICT NO. 2005-1 (TOBIAS DRIVE), MAKING FINDINGS PURSUANT THE IMPROVEMENT ACT OF 1913 AND ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS The motion carried 3-0 Page 12 - Council Minutes http://www.chulavistaca.gov September 13,2005 ACTION ITEMS 23. CONSIDERATION OF CHANGES TO COUNCIL POLICY 453-02 RELATED TO THE DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW- INCOME BUYERS Adoption ofthe resolution authorizes changes to Policy 453-02. This policy was adopted on December 9, 2003, and contains development guidelines, program requirements, and buyer selection criteria. The proposed changes to the policy include revision of the selection criteria to add a preference for residents of Chula Vista and other minor alterations. (Director of Community Development) Senior Community Development Specialist Do presented the proposed modifications regarding for-sale housing. ACTION: Councilmember McCann offered Resolution No. 2005-314, heading read, text waived: RESOLUTION NO. 2005-314, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CHANGES TO CITY POLICY 453-02, RELATED TO THE DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-INCOME BUYERS The motion carried 3-0. 24. CONSIDERATION OF AN AMENDMENT TO THE EXISTING LOAN AGREEMENT AND RELATED RESTRICTIVE COVENANTS AND AFFORDABLE HOUSING AGREEMENT FOR FINANCIAL ASSISTANCE TO SENIORS ON BROADWAY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, FOR THE DEVELOPMENT AND OPERATION OF SENIORS ON BROADWAY Adoption of the resolution approves an additional $2,467,345 from available HOME Investment Partnership Program funds for the construction of the "Seniors on Broadway" development. The amount is in addition to the $1,043,850, which was approved by Council on February 22, 2005, bringing the total City contribution to $3,511,195. This project is consistent with the City's Housing Element of the General Plan and the regulations of the HOME Investment Partnership Program. (Director of Community Development) Item 24 was considered out of order and actually taken prior to the public hearings. Assistant Director of Community Development Smith introduced the departments' new Housing Manager, Amanda Mills. Page 13 - Council Minutes http://www.chu]avistaca.gov September ]3,2005 ACTION ITEMS (Continued) ACTION: Councilmember Rindone offered Resolution No. 2005-315, heading read, text waived: RESOLUTION NO. 2005-315, RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING THE FOLLOWING ACTIONS FOR SENIORS ON BROADWAY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, FOR THE DEVELOPMENT AND OPERATION OF SENIORS ON BROADWAY: A) APPROPRIATION OF AN ADDITIONAL $2,467,345 FROM THE AVAILABLE BALANCE IN THE CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS FOR FINANCIAL ASSISTANCE B) A FIRST AMENDMENT TO THE LOAN AGREEMENT AND RELATED RESTRICTIVE COVENANTSIHOME PROGRAM PARTICIPATION AGREEMENT C) A FIRST AMENDMENT TO THE LEASEHOLD DEED OF TRUST WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING D) A FIRST AMENDMENT TO THE PROMISSORY NOTE The motion carried 4-0 ITEMS PULLED FROM THE CONSENT CALENDAR Item 18 was actually taken out of order and addressed following Item 24, which was heard prior to the public hearings. 18. RESOLUTION NO. 2005-310, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS WITH BOYLE ENGINEERING CORPORATION, LINTVEDT MCCOLL & ASSOCIATES, AND HUNSAKER & ASSOCIATES SAN DIEGO, INC. FOR PROFESSIONAL LAND SURVEYING CONSULTING SERVICES FOR LAND SURVEYING REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS DURING THE DESIGN AND CONSTRUCTION PHASES Due to the current pace of numerous CIP projects, development in the eastern territories and the proposed, large infrastructure financing program in western Chula Vista (Montgomery), the City has identified the need to enlist qualified consultants to assist City land surveying staff. (Director of General Services) Page 14 - Council Minutes http://www.chulavistaca.gov September 13, 2005 ITEMS PULLED FROM THE CONSENT CALENDAR (Continued) Councilmember Rindone stated that long-term projects could be accomplished more effectively and efficiently in-house. To that end, Councilmember Rindone requested a workshop with staff to reassess the potential need for in-house land surveying staff. ACTION: Councilmember Rindone then offered Resolution No. 2005-310, heading read, text waived. The motion carried 4-0. At 8:07 p.m., Mayor Padilla announced that Item 29 would be moved to the agenda of the joint Council/Redevelopment Agency meeting. He then recessed the Council meeting and convened the joint meeting. At 8:37 p.m., the Mayor reconvened the City Council, with Councilmembers Castaneda and McCann also present. OTHER BUSINESS 25. CITY MANAGER'S REPORTS City Manager Rowlands requested that the September 27, 2005 meeting be cancelled. It was the consensus of the Council to cancel the meeting City Manager Rowlands introduced Jim Thomson, recently hired Assistant City Manager. 26. MAYOR'S REPORTS A. Appointment of voting delegate for the National League of Cities' Annual Business Meeting to be held on Saturday, December 10,2005. This item was continued to a future date, and no action was taken. B. Ratification of reappointment of Steve Epsten to the Mobilehome Rent Review Commission. ACTION: Mayor Padilla moved to reappoint Steve Epsten to the Mobilehome Rent Review Commission. Councilmember Castaneda seconded the motion, and it carried 3-0. c. Ratification of appointments to the following boards, committees and commissions: . Board of Appeals and Advisors: Angela Brill and Jan Buddingh, Jr. . Charter Review Commission: Norma Toothman . Commission on Aging: Ann Perry . Cultural Arts Commission: Tiffany Vinson, Ron Bolles. and Richard Werlin . Design Review Committee: Yolanda Calvo and David Bringas . Growth Management Oversight Commission: Matthew Waters and Joe Little . Housing Advisory Commission: Armida Martin Del Campo . International Friendship Commission: Aya Ibarra and Rita Legaspi . Resource Conservation Commission: Georgie Stillman, and Eric Mosolgo Page 15 - Council Minutes http://www.chulavistaca.gov September 13,2005 OTHER BUSINESS (Continued) ACTION: Mayor Padilla moved to appoint the abovementioned commissioners. Councilmember Castaneda seconded the motion. and it carried 3-0. 27. COUNCIL COMMENTS Councilmember McCann spoke about his recent presentation of a workshop on secondary dwelling units, and he thanked staff and members of the public who attended. He stated that he looks forward to improvements in the ordinance that address parking and the public notification process. Councilmember McCann requested that Disaster Preparedness Manager Carlos Bejar come back to Council with a report on the City's preparedness for a major disaster. To that end, Mayor Padilla expressed the need to move forward with the City's Emergency Operation System protocols. CLOSED SESSION 28. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. City ofChula Vista v. Evanston Ins. (SDSC # GlC 818513) No reportable action was taken on this item. B. City of Chula Vista v. San Miguel Development Co. (SDSC # GlC 835467) No reportable action was taken on this item. C. The Environmental Trust, Inc. (USBC # 05-02321-LAII) This item was not discussed, and no action was taken. 29. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Executive Director This item was removed ITom the City Council agenda and placed for discussion on the joint Council/Redevelopment Agency agenda. ADJOURNMENT At 9:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of September 20, 2005, at 6:00 p.m. in the Council Chambers. ~ --:.,~~\ u.. - ~I AJ Susan Bigelow, MMC, C Clerk , Page 16 - Council Minutes http://www.chulavistaca.gov September 13, 2005 ~