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HomeMy WebLinkAboutcc min 2007/07/10 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 10, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY HUMAN RESOURCES DIRECTOR RASKIN OF EMPLOYEE OF THE MONTH, ANNA KEMERY, CONFIDENTIAL ADMINISTRATIVE SECRET AR Y Human Resources Director Raskin introduced the employee of the month, Anna Kemery. Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Anna. . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO SHANNON BULLOCK AND BERNICE MORA, RECREATION SUPERVISORS, PROCLAIMING JULY 12,2007 AS "GO PLAY GET FIT YOUTH DAY" Mayor Cox read the proclamation, and Councilmember McCann presented it to Shannon Bullock and Bernice Mora. Ms. Bullock and Ms. Mora then thanked the Mayor and Council for the recognition. . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO DR. CHRIS SEARLES, PARKS AND RECREATION COMMISSION CHAIR; TANYA ROVIRA- OSTERWALDER, HEAC PROJECT COORDINATOR; AND DANA RICHARDSON, SOUTH BAY PARTNERSHIP CHAIR, PROCLAIMING THE MONTH OF JULY AS "NATIONAL PARKS AND RECREATION MONTH" Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Dr. Chris Searles, Tanya Rovira-Osterwalder and Dana Richardson. SPECIAL ORDERS OF THE DAY (continued) . PRESENTATION ON THE BAY SHORE BIKEWAY BY COUNTY SUPERVISOR GREG COX AND SAN DIEGO ASSOCIATION OF GOVERNMENTS' SENIOR REGIONAL PLANNER, STEPHEN VANCE County Supervisor Cox provided an overview of the history of the Bayshore Bikeway. He then introduced Stephen Vance, who presented the Bayshore Bikeway Plan. Mayor Cox recognized Coronado Councilmember Philip Momoe, who was also present at the meeting. It was the consensus of the Council to accept a request by Councilmember Ramirez to be temporarily excused as a member of the Bayshore Bikeway Policy Group as it relates to the section referred to in the presentation, due to property he owns near the section. The Council also concurred that Deputy Mayor Rindone would fill the interim position. · PRESENTATION BY PLANNING AND BUILDING DIRECTOR SANDOVAL TO THE CITY COUNCIL OF AWARDS RECEIVED BY THE CITY OF CHULA VISTA FROM THE SAN DIEGO CHAPTER OF AMERICAN PLANNING ASSOCIATION Planning and Building Director Sandoval spoke about the two major awards received by the City from the American Planning Association in the areas of plan implementation and public outreach. He expressed his appreciation to the Council for its support and then presented the awards to the Council. At this time, Mayor Cox read a statement she had given to the Port Commissioners of the San Diego Unified Port District at its recent meeting regarding the status of the Bayfront development as a result of the recent events regarding Gaylord Enterprises. She stated that should circumstances change, the potential was there to resume discussions on issues with Gaylord. CONSENT CALENDAR (Items I through 8) Councilmember Ramirez requested that Item 5 be removed from the Consent Calendar for discussion; and Deputy Mayor Rindone requested that Item 8 also be removed for discussion. 1. APPROVAL OF MINUTES of May 1,2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from John Nezozzi, member of the International Friendship Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. Page 2 - Council Minutes htto:/ /www.chulavistaca.gov July] 0, 2007 CONSENT CALENDAR (continued) B. Letter of resignation from Jerome Sandoval, member of the Child Care Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE NO. 3077, ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-07-017 AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING ONE PARCEL CONSISTING OF 1.46 ACRES LOCATED AT 1501 BROADWAY FROM CT-P (COMMERCIAL THOROUGHFARE WITH PRECISE PLAN) TO R-3 (APARTMENT RESIDENTIAL), AND APPROVING INCENTIVES AND CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW FOR THE REDUCTION IN CERTAIN DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF AN AFFORDABLE FOR-RENT PROJECT BY WAKELAND HOUSING DEVELOPMENT (SECOND READING) The proposed ordinance adopts the mitigated negative declaration and approves the zone change, density bonus incentives and concessions for the project. First reading of the ordinance was held on June 14,2007. (Acting Community Development Director) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3078, 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 THE POSITIONS OF CALIFORNIA BORDER ALLIANCE GROUP (CBAG) ANALYST, CBAG PROGRAM MANAGER, CITY ENGINEER, GRANTS DEVELOPMENT MANAGER, ECONOMIC DEVELOPMENT OFFICER, GOVERNMENT RELATIONS LIAISON, HOUSING MANAGER, PLANNING MANAGER, REDEVELOPMENT MANAGER AND TRANSIT MANAGER AND TO ELIMINATE THE POSITIONS OF COMMUNICATIONS MANAGER AND INTER- GOVERNMENTAL AFFAIRS COORDINATOR (SECOND READING - 4/5THS VOTE REQUIRED) Adoption of the ordinance amends Municipal Code Section 2.05.010 relating to the establishment of unclassified positions to reflect the addition of eight existing position titles that were inadvertently excluded from this section, the addition of two new position titles recommended as part of the proposed budget, and the deletion of two unclassified position titles. First reading of the ordinance was held on June 19, 2007. (Budget and Analysis Director/Human Resources Director) Staff recommendation: Council adopt the ordinance. 5. This item was removed from the Consent Calendar for discussion at the request of Councilmember Ramirez. 6. RESOLUTION NO. 2007-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAINTAINING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES Page 3 - Council Minutes htto://www.chulavistaca.!lOV July 10, 2007 CONSENT CALENDAR (continued) Per California Government Code, the City Treasurer may annually present the City's investment policy to the Council to reaffirm or make any changes to the existing policy. The policy provides guidelines for the investment of idle funds and affords the City various investment opportunities, as long as an investment is deemed prudent under the prudent person rule and is allowable under California Government Code Section 53600 et seq. The policy's guidelines emphasize the importance of safety and liquidity first. (Finance Director) Staffrecornmendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $553,600 FOR TWO COMBINATION SEWER CLEANING TRUCKS TO DION INTERNATIONAL TRUCKS, LLC, DBA DION INTERNATIONAL TRUCKS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID 6971-05-Z AND PURCHASE ORDER 807191-0 The Fiscal Year 2007/2008 sewer fund provides for the replacement of two combination sewer-cleaning trucks. Municipal Code Section 22.56.140 and Council Resolution No. 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. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 8. This item was removed from the Consent Calendar for discussion at the request of Deputy Mayor Rindone. ACTION: Mayor Cox moved to approve staffs recommendations and adopt Consent Calendar Items I through 4, 6 and 7, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. RESOLUTION NO. 2007-163, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A PERMANENT ALL-WAY STOP CONTROL AT THE INTERSECTION OF LANE AVENUE AND MACKENZIE CREEK ROAD During calendar year 2006, staff did extensive work in the Rolling Hills Ranch area related to a neighborhood traffic calming pilot project and truck route issues. Residents in the neighborhoods adjacent to Lane Avenue shared concerns regarding speeding vehicles and pedestrian safety along Lane A venue, particularly at its intersection with Mackenzie Creek Road. In an effort to address resident concerns, the Council directed staff to install an all-way stop as a "trial traffic control device." After monitoring its operation, staff recommends that a permanent all-way stop be installed. (City Engineer) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes httn:/ /www.chulavistaca.gov July J 0,2007 --~ CONSENT CALENDAR (continued) Councilmember Ramirez asked if the residents in the affected neighborhood were aware of the past safety and traffic issues raised, and whether they had distinguished between the truck route and pedestrian safety issues. Deputy Director of Engineering Browder replied that it was the community's desire to have a four-way stop that addressed the truck route issues and neighborhood traffic calming desires. Councilmember Ramirez stated that the initial stop sign analysis, based on a point system, had failed, and he questioned whether a subsequent analysis had been performed. Staff replied that although the point system analysis had failed, staff was directed to install an all-way stop as a trial traffic control device because of the community's concerns over pedestrian safety in the area. Councilmember Ramirez suggested that staff analyze the effectiveness of the point system, using this example as a reference. ACTION: Councilmember Ramirez moved to adopt Resolution No. 2007-163, heading read, text waived. Deputy Mayor Rindone seconded the motion, and it carried (5-0). 8. RESOLUTION NO. 2007-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING TWO TREE TRIMMING CONTRACTS TOTALING $107,115 TO PROVIDE TREE TRIMMING SERVICES, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL, ONE (1) YEAR OPTION PERIODS Bids to provide multi-year tree trimming services were opened May 10,2007. Fourteen requests for bid packets were mailed, two of which were sent to local contractors. Staff also received a request to send a bid packet to one additional contractor. The bid was advertised in The Star-News. Representatives from eight companies attended a mandatory pre-bid conference held on April 26, 2007. Five contractors submitted bids; none of them were from Chula Vista. Staff recommends that two bidders, Great Scott Tree Service and Aztec Landscaping, be awarded the contracts. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. Deputy Mayor Rindone confirmed the award amounts of$73,163.64, as stated in the staff report ACTION: Deputy Mayor Rindone moved to approve staffs recommendation and adopt Resolution No. 2007-166, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. PUBLIC COMMENTS Petra Barajas stated that Councilmembers should not recuse themselves from voting on items on the agenda, and that the matters needed to be discussed on the dais. She also stated that the City Attorney should be an elected position, and the City should not be expending funds on lawsuits. Mayor Cox clarified that when a Councilmember recuses himself or herself, it is because of a potential conflict, whereby they are not permitted to participate on the item by law. Page 5 - Council Minutes http://wwV\.'.chulavistaca.llov July 10, 2007 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 AUTHORIZING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION In order to adequately protect the City's interest in delinquent sewer service charges and ensure that the collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends placing liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the resolution enhances the collection process by ensuring that the correct property owners are charged and that payments are received on a timely basis. This process has been approved by the Council since August 1998. (Finance Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Finance Director Kachadoorian recommended that the outstanding 175 delinquent accounts, valued at $81,600, be submitted to the County for collection. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-167, heading read, text waived: RESOLUTION NO. 2007-167, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Deputy Mayor Rindone seconded the motion, and it 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 AUTHORIZING PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff recommends approval to place liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of the resolution enhances the amount of uncollectible losses and ensures that payment will be received on a timelier basis. The Council has approved this process on a regular basis since 200 I. (Finance Director) Page 6 - Council Minutes httn:/ /www.chulavistaca.flov July 10, 2007 , - 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. Finance Director Kachadoorian recommended that the outstanding 166 delinquent accounts, valued at $17,700, be submitted to the County for collection. Mayor Cox opened the public hearing. With no members of the public wishing to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-168, heading read, text waived: RESOLUTION NO. 2007-168, 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 Deputy Mayor Rindone seconded the motion, and it carried 5-0. 11. CONSIDERATION OF WAIVING MINOR IRREGULARITIES ON THE BID RECEIVED FOR THE DRAINAGE IMPROVEMENT PROJECT ON EMERSON STREET (CIP NO. DR-133) PER CITY CHARTER SECTION 1009 On June 13, 2007, the Director of General Services received nine sealed bids for the Emerson Street drainage improvement project (CIP No. DR-133)," which provides for the construction of a drainage facility from Elm Avenue, north of Emerson Street, to Naples Street, between Fifth Avenue and Weisser Way. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. (General Services Director) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt Resolution Nos. 2007-169 and 2007-170, headings read, texts waived: A. RESOLUTION NO. 2007-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITIES, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "DRAINAGE IMPROVEMENTS, EMERSON STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. DR-133)" PROJECT TO BURTECH PIPELINE, INC. IN THE AMOUNT OF $1,911,070 Page 7 - Council Minutes httn://www.chulavistaca.QOV July 10,2007 PUBLIC HEARINGS (Continued) B. RESOLUTION NO. 2007-170, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CAPn AL IMPROVEMENT PROJECT DR-]20 "DRAINAGE IMPROVEMENTS, WEST AND EAST OF SECOND A VENUE, NORTH OF "W STREET," AND CAPITAL IMPROVEMENT PROJECT DR-]60 "F STREET DRAINAGE FACILITIES," TO THE "DRAINAGE IMPROVEMENTS, EMERSON STREET DR-B3 IN THE AMOUNT OF $163,526 TO COMPLETE THE PROJECT AND AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE PROJECT Counci]member Castaneda seconded the motion, and it carried 5-0. 12. CONSIDERATION OF AMENDMENT TO THE MASTER FEE SCHEDULE TO ADmST EXISTING FEES FOR ANIMAL SHELTER SERVICES TO INCLUDE MICROCHIPPING AS PART OF THE ANIMAL ADOPTION FEES Adoption of the resolutions adjusts fees at the Chula Vista Anima] Care Faci]ity to include mandatory microchipping as part of the animal adoption fee and appropriates funds for the microchipping program. The new fee would be effective immediately upon approval by the City Council. (General Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Counci]member Castaneda asked the percentage of people who opt to pay the fee for microchipping services. Animal Control Manager Davidson-York replied that approximately 30 percent request the microchipping service. Counci]member Castaneda asked staff to look at providing debit and credit card options as a method of payment for pet adoptions and associated fees. Counci]member McCann asked how many animals were adopted from the shelter annually. Dr. Davidson-York replied that approximately 3,000 pets were adopted annually. Counci]member McCann requested that the projected revenue estimates resulting from the proposed microchipping services be indicated in future staff reports. He then asked the rationale for the proposed mandatory microchipping services. Deputy Director of General Services Quilantan replied that the intent was to rapidly re-unite animals with their owners and avoid impound fees. Counci]member Ramirez announced that he was working on establishing an animal care commission to address issues such as fund-raising, adoptions, and volunteer services. ACTION: Counci]member McCann moved to adopt Resolution Nos. 2007-] 7] and 2007- ] 72, headings read, texts waived: Page 8 - Council Minutes htto:/lwww.chulavistaca.ilOV July 10, 2007 _ _ -....J PUBLIC HEARINGS (Continued) A. RESOLUTION NO. 2007-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST EXISTING FEES FOR ANIMAL SHELTER SERVICES TO INCLUDE MICROCHIPPING AS PART OF THE ANIMAL ADOPTION FEES B. RESOLUTION NO. 2007-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008 SUPPLIES AND SERVICES BUDGET OF THE ANIMAL CARE FACILITY AND APPROPRIATING FUNDS FOR THE MICROCHIPPING PROGRAM Councilmember Ramirez seconded the motion, and it carried 5-0. 13. CONSIDERATION OF TESTIMONY FOR FISCAL YEAR 2007/2008 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS I THROUGH II, 14, IS, 17, 18,20,23,24,26,31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO I, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS On June 19, 2007, the Council set the public hearings for the levy of assessments for the City's open space districts and Town Centre maintenance district. The City administers and maintains 36 open space districts and associated zones that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development, and the levy of annual assessments allows the City to collect funds to provide for these ongoing services. (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 Cox opened the public hearing. With no members of the public wishing to speak, she closed the public hearing. Councilmember Castaneda stated that he would abstain from voting on Item l3B due to the proximity of his residence to the Town Centre area. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-173, heading read, text waived: A. RESOLUTION NO. 2007-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS I THROUGH 11, 14, IS, 17, 18,20,23,24,26,31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. I (ELMD #1), AND BAY BOULEVARD Councilmember Ramirez seconded the motion, and it carried 5-0. Page 9 - Council Minutes hrto ://www.chuJavistaca.QOV July 10,2007 PUBLIC HEARINGS (continued) ACTION: Councilmember McCann moved to adopt Resolution No. 2007-174, heading read, text waived: B. RESOLUTION NO. 2007-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRICT (4/5THS VOTE REQUIRED) Deputy Mayor Rindone seconded the motion, and it carried 4-0-1, with Councilmember Castaneda abstaining. 14. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP, PCS-06-08, TO SUBDIVIDE .26 ACRES INTO SEVEN CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 148 FOURTH A VENUE The applicant, Michael Palumbo, proposes to convert an existing seven-unit apartment into seven condominium units. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Assistant Planner Young presented the proposed tentative subdivision map for the condominium conversion. Mayor Cox opened the public hearing. Francisco Lim, a property owner who resides west of the proposed project, asked staff if there were any provisions to require a property management company, so he would have a point of contact regarding common areas and property maintenance. Planning and Building Director Sandoval responded that the formation of a homeowners association would be required. With no further members of the public wishing to speak, Mayor Cox closed the public hearing. Councilmember Ramirez expressed concern about potential parking problems and the impacts on local residents. He was hopeful that staff would monitor any parking issues. Mayor Cox asked if the City could require that garages be used for vehicle parking. Development Planning Manager Hernandez replied that the covenants, conditions and restrictions (CC&R's) typically require that garages be used exclusively for the storage of vehicles, a provision that would be enforced by the homeowners association, not the City. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-175, heading read, text waived: Page 10 - Council Minutes htqJ://www.chulavistaca.QQV July 10, 2007 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2007-175, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE .26 ACRES AT 148 FOURTH AVENUE FOR A ONE- LOT CONDOMINIUM CONTAINING 7 RESIDENTIAL UNITS - MICHAEL PALUMBO Deputy Mayor Rindone seconded the motion, and it carried 5-0. 15. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP, KNOWN AS NAPA PLACE, CHULA VISTA TRACT 06-03, TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE SINGLE-FAMILY RESIDENTIAL LOTS AND ONE COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST PARKING The applicant, Napa Place L.P., proposes to demolish the existing single-family house and detached garage/shed to subdivide 1.7 acres into nine single-family residential lots. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Assistant Planner Young presented the Napa Place tentative subdivision map. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Deputy Mayor Rindone asked why staff had limited the second access entrance. Development Planning Manager Hernandez replied that because of the size of the subdivision, the applicant concurred with residents on Corte Helena that the second access should remain closed. Deputy Mayor Rindone expressed concern about blocking the second access entrance. He stated that he would support the project but could not support the closure of the access entrance. He asked staff to amend the proposal by creating an easement on lot 6 to prevent construction on the lot, in case it is decided at a later date that access was needed. Mayor Cox expressed concern about an amendment that would go against what the citizens had already agreed upon. Councilmember Castaneda suggested that the proposed area be developed for use by emergency vehicles only. Councilmember McCann stated he believed the proposed project provided adequate access. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-176, heading read, text waived: Page II - Council Minutes httn ://www.chulavistaca.!wv July] 0, 2007 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2007-]76, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE MAP KNOWN AS NAP A PLACE, CHULA VISTA TRACT 06-13, TO SUBDIVIDE 1.7 ACRES AT 445 FIRST AVENUE INTO NINE (9) SINGLE-F AMIL Y RESIDENTIAL LOTS AND ONE (I) COMMON LOT CONTAINING THE PRIVATE ACCESS ROAD AND GUEST PARKING - NAPA PLACE, LP. Counci]member Castaneda seconded the motion, and it carried 4-1, with Deputy Mayor Rindone voting no. Mayor Cox asked that a condition be added whereby the applicant would not provide a permanent structure at the end of Corte He]ena. Staff and the applicant concurred with the request. At 8:]9 pm, Mayor Cox announced a recess. The meeting reconvened at 8:25 p.m. with all members present. ]6. CONSIDERATION OF THE ESTABLISHMENT OF AN ABANDONED RESIDENTIAL PROPERTY REGISTRAT]ON PROGRAM AND FEE IN THE MASTER FEE SCHEDULE TO COVER THE COST OF ADMINISTERING SUCH A PROGRAM Adoption of an abandoned residential property registration program is a means of ensuring that residential neighborhoods are spared the negative impacts associated with abandoned residential properties. The proposed ordinance requires lenders who own or are responsible for abandoned homes in Chula Vista to pay a fee to register those homes with the City's Code Enforcement Section and to retain the services of a local property management company. Registration would facilitate periodic monitoring by Code Enforcement staff and provide a mechanism for staff and neighbors to alert the local property management company of the need to take action to maintain the property. A fee of $70 per property would be charged as a means of recovering the cost of administering the program. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she continued the hearing to the meeting of July 17, 2007, at the request of the City Attorney. Page 12 - Council Minutes httn:/ /www.chulavjstaca.!lOV July 10, 2007 _ _ __m'~""""" PUBLIC HEARINGS (Continued) 17. CONSIDERATION OF AMENDMENT TO MASTER FEE SCHEDULE CHAPTER VI (A) REGARDING ALARMS The Police Department operates the alarm program, which entails permlttmg both residences and businesses when they install a burglar alarm system and responding to alarm activations. Alarm calls for service are categorized as a Priority II response (urgent); and 99% of all alarm calls for service are false alarms. They are a considerable utilization of patrol response services. The department collects both permit fees and false alarm penalty fees to help offset the cost of administering the program. Adoption of the resolution amends the master fee schedule to increase the police alarm program permit fees and alarm penalties. (Police Chief) 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. Police Chief Emerson presented the proposed master fee schedule revisions. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she closed the public hearing. Councilmember Ramirez asked staff to look for a more creative approach to the fee structure in order to achieve full cost recovery. Councilmember McCann spoke of the need for community outreach and education on the consequences and penalties associated with false alarms. He also expressed concern about the proposed level of alarm fee increases, stating he would like to see fees remain low in Chula Vista. Councilmember Castaneda suggested that the Public Safety Committee revIew what other agencies are doing regarding compliance and permitting. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-177, heading read, text waived: RESOLUTION NO. 2007-177, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER VI (A) ALARMS OF THE CITY OF CHULA VISTA MASTER FEE SCHEDULE Councilmember Ramirez seconded the motion, and it carried 4-1, with Councilmember McCann voting no. Page 13 - Council Minutes httn ://"11'''11'''11' .chulavi staca. 2:0V July 10,2007 ACTION ITEMS 18. CONSIDERATION OF AUTHORIZING SUBMITTAL OF A SUSTAINABLE COMMUNITIES GRANT APPLICATION; ACCEPTING THE GRANT, IF AWARDED; AND COMMITTING MATCHING FUNDS TO CONDUCT COMMUNITY-BASED LAND USE PLANNING IN SOUTHWEST CHULA VISTA The grant funding would be used to help implement the General Plan update and the Redevelopment Agency's five-year implementation plan for the southwest area of the City. The proposed project would flesh out the general planning directives in advance of specific planning. Available grant funding would support initial efforts to bring together residents, businesses, property owners, and other key stakeholders from southwestern Chula Vista to establish the community's priorities. (Acting Community Development Director/Planning and Building Director) Development Planning Improvement Manager Lytle presented the grant application. ACTION: Mayor Cox moved to adopt Resolution No. 2007-178, heading read, text waived: RESOLUTION NO. 2007-178, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND, IF AWARDED, ACCEPTANCE OF A SUSTAINABLE COMMUNITIES GRANT FOR FUNDS TO CONDUCT COMMUNITY-BASED LAND USE PLANNING IN SOUTHWEST CHULA VISTA, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS THEREFOR Deputy Mayor Rindone seconded the motion, and it carried 5-0. OTHER BUSINESS 19. CITY MANAGER'S REPORTS There were none. 20. MAYOR'S REPORTS Mayor Cox announced that Items 20A, B and C would be acted upon by one motion. A. Consideration of ratification of the appointment of Marissa Flores to the Human Relations Commission. B. Consideration of ratification of the appointment of Rufino "Pie" Roque to the International Friendship Commission. C. Consideration of ratification of reappointments to the following boards and commissions: Page 14 - Council Minutes httn:/lwww.chulavistaca.20Y July 10, 2007 -- ~ OTHER BUSINESS (Continued) . Board of Ethics: Todd Glanz, Dr. Chris Searles, Felicia Starr . Board of Library Trustees: Georgie Stillman . Child Care Commission: Tracey Abston . Civil Service Commission: James Floros . Commission on Aging: Sonny Chandler . Cultural Arts Commission: Todd Voorhees . Housing Advisory Commission: Dina Chavez . International Friendship Commission: Rebecca Leister . Planning Commission: Joanne Clayton, William Tripp . Resource Conservation Commission: Brett Davis . Veterans Advisory Commission: Terry Jensen . Youth Advisory Commission: Elizabeth Vargas ACTION: Mayor Cox moved to ratify the appointments and re-appointments of all commissioners as stated. Councilmember Castaneda seconded the motion, and it carried 5-0. D. Presentation of Independent Financial Review with addendum responding to Council comments by Walter Kieser, Economic & Planning Systems. Mr. Kieser presented a summary of actions and priorities from the Independent Financial Review. Councilmember Ramirez discussed his reactions to Mr. Kieser's recommended priorities and requested that "or potential for greater revenue or offset" be added to the sentence in item 17 of the staff report. He also asked the Council to consider in the future the importance of retail development in the redeveloped urban core. Deputy Mayor Rindone asked Mr. Kieser the purpose of a recommendation to include outside assistance on an audit committee. Mr. Kieser responded that such a committee would bring a fresh look at issues and give the Council additional perspectives on risks and issues. Councilmember Castaneda suggested that Mr. Kieser participate in the August 11, 2007 City Council retreat to assist the Council in dealing with the matters presented. No action was taken on this item. E. Consideration of appointment of a voting delegate and alternate for 2007 League of California Cities' annual conference to be held Wednesday, September 5 through Saturday, September 8, 2007 in Sacramento. It was the consensus of the Council to select Mayor Cox as voting delegate. ACTION: Councilmember McCann moved to nominate Deputy Mayor Rindone as the alternate voting delegate. Councilmember Ramirez seconded the motion, and it carried 5-0. Page 15 - Council Minutes http://ww\,,, . c.hulavistaca. !lOY July 10, 2007 OTHER BUSINESS (Continued) F. Consideration of process for interviews of applicants for the Chula Vista Redevelopment Corporation, to be conducted Wednesday, July II, 2007, in the Executive Conference Room. Mayor Cox discussed the proposed schedule for the interviews, noting that a subsequent meeting was scheduled for July 12,2007 at 6:00 p.m., should it be necessary. Additionally, Mayor Cox announced that a meeting was scheduled for July 23, 2007, to interview three applicants who were unavailable for the prior meetings but who would be interviewed in the event that the Council had not filled the vacancies. Deputy Mayor Rindone and Councilmember McCann spoke in support of limiting membership to seven. 21. COUNCIL COMMENTS Councilmember McCann congratulated and thanked the Chamber of Commerce for hosting the recent Celebrate Chula Vista event. Councilmember Castaneda stated that he attended services for Sgt. Michael Martinez, a Chula Vista native, who lost his life in the Iraq war. He extended his condolences on behalf of the Council to the Martinez family. Councilmember Castaneda then spoke about recent events and stated that he was here to do the job he had been elected to do and would continue to do so. He stated that the Council must work hard to look at options and opportunities for the future of the bayfront and not settle. He commented on his diligent efforts to remove the powerplant from the bayfront on schedule and to return the land to the public. Further, stated that he would continue his work on energy policy, address childhood obesity, and work hard to ensure viable growth for residents in southwest Chula Vista. Councilmember Ramirez stated that he also attended the memorial service for Sgt. Martinez and expressed his condolences to the Martinez family. He then expressed the need for the City to continue to explore any options and opporturiities with Gaylord, and to push hard to bring both sides together. CLOSED SESSION Mayor Cox recessed the meeting to Closed Session at 10:33 p.m. 22 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) I. Deanna Morv. et aI. v. Chula Vista Police Deoartment, et aI., United States District Court, Case No. 06-CV-1460 JAH-BLM No reportable action was taken on this item. Page 16 . Council Minutes http://www .chula vi staca. !lQV July 10, 2007 . u--..J CLOSED SESSION (Continued) 2. Deanna Morv. et al. v. Chula Vista Police Department. et al.. United States District Court, Case No. 07-CV-0462-TW-JMA No reportable action was taken on this item. 3. Josefina Ouinones v. City of Chula Vista, San Diego Superior Court Case No. GIS27267 ACTION: It was the consensus of the Council to approve a settlement. 23. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three cases No reportable action was taken on this item. ADJOURNMENT At 11: 13 p.m., Mayor Cox adjourned the meeting in memory of Sgt. Martinez to an adjourned regular meeting on Wednesday, July 11,2007, at 6:00 p.m. in the Council Chambers, to conduct interviews of applicants for positions on the Chula Vista Redevelopment Corporation board; and thence to the Regular Meeting of July 17,2007, at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 17 - Council Minutes httn://~..wv.' .chulavi staC3. QOV July 10. 2007