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HomeMy WebLinkAboutcc min 2000/11/14 (2) M1NUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 14, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, Senior Assistant City Attorney Moore, Deputy City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATH OF OFFICE: LARRY PERONDI - PARKS AND RECREATION COMMISSION Deputy City Clerk Bennett administered the Oath of Office to Mr. Perondi, and Deputy Mayor Moot presented him with a Certificate of Appointment. · PRESENTATION BY ROD DAVIS, EXECUTIVE DIRECTOR OF THE CHULA VISTA CHAMBER OF COMMERCE, UPON HIS RELOCATION TO THE EAST COAST Mayor Horton thanked Mr. Davis for being a strong advocate for the City and for his participation in strengthening the goals of the community. Mr. Davis thanked Council for the proclamation and key to the City. He also thanked Community Development Director Salomone, Deputy City Manager Krempl, City Manager Rowlands, and City Attorney Kaheny for their support during his service with the Chamber of Commerce. He asked Council to look at two issues of concern. The first was that elected officials in the South Bay get involved with the Port Commissioners to discuss funding for the South Bay community with events such as Harbor Days and Arturo Bardos, since the Port has adopted a philosophy of reducing the amount of funding to the South Bay. His second request was that Council continue to be vigilant on the issue of Proposition 13 and local government control. · PRESENTATION BY SANDAG REGARDING AIRPORT ECONOMIC ANALYSIS Mike Hicks, SANDAG Project Manager for Airport Economic Analysis and Port of San Diego, gave a presentation on the Economic Analysis of Air Transportation in the San Diego region, discussing the "opportunity cost" to San Diego's region and residents if the demand for future transportation services is not met. He illustrated the relationship between cargo and passenger activity and interviews with 18 high-tech San Diego-region businesses, all of which utilize air transportation extensively. Mr. Hicks concluded that the San Diego region's economy is becoming more dependent on its visitor and high-tech industries, and the industries depend heavily on efficient air transportation. SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION OF A PROCLAMATION TO THE 2000 VETERAN OF THE YEAR - JAMES "BOB" LIND Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Mr. Lind. · PRESENTATION OF A PROCLAMATION TO JOHN WILLETT FOR HIS OUTSTANDING EFFORTS IN COORDINATION OF THE OTAY RIVER VALLEY CLEAN-UP PROJECT; AND RECOGNITION OF CERTAIN INDIVIDUALS FOR THEIR CONTRIBUTIONS TO THE CLEAN-UP PROJECT: Pete Flores (Donovan Prison), Charles Moore (Pacific Waste Services), Steve Miesen (Otay Land Fill), Bud Chase (Allied Waste Industries), Frank Herrera-A (Chula Vista Planning Department), Bill Ullrich (Chula Vista Public Works Department), Byron Wishnek (San Diego Open Space Management), Sgt. Bill Frew (San Diego Police Department Street Team), Sgt. Roxana Kennedy (Chula Vista Police Department), Kevin O'Neill (O'Neill Construction), Gary McCall (Hanson Aggregate), Kyla Winters (The Alfa Project), Wayne Dicky (Otay Valley Regional Park Committee), Michael Meatham (Chula Vista Special Projects Manager) Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Mr. Willett. Mr. Willett thanked all those who contributed their valuable time to the project. He also thanked Council for recognizing the efforts of all the individuals who participated in the clean-up project. CONSENT CALENDAR (Items 1 through 18) 1. APPROVAL OF M1NUTES OF OCTOBER 24 AND NOVEMBER 7, 2000 Staff recommendation: Council approve the minutes. 2. WRITTEN COM1VIUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on November 7, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3. RESOLUTION NO. 2000-407, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN INJURY ILLNESS PREVENTION PROGRAM FOR THE CITY OF CHULA VISTA The City is required to maintain a written Injury Illness Prevention Program (IIPP) under the California Code of Regulations, Title 8, Chapter 4, Subchapter 7, Section 3203. The IIPP outlines the employee safety programs that the City has in place to help prevent occupational injuries and illnesses. The adoption and support of the plan presented satisfies this requirement. (Director of Human Resources) Staff recommendation: Council adopt the resolution Page 2 - Council Minutes 11/14/2000 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2000-408, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONTINUATION, ON A FULL-TIME, PERMANENT BASIS OF THE POSITION OF RISK MANAGEMENT SPECIALIST/SAFETY AFTER DECEMBER 31, 2000 AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET, THEREFOR (4/STHS VOTE REQUIRED) In March of 1999, based on a recommendation made in a staffing study conducted by the City's Special Projects Manager, Council authorized the addition of a Risk Management Specialist position in the Safety Program for an 18-month period, and an evaluation of the position at the expiration of that period. The evaluation has been completed, and the on-going need for the position has been established. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-409, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CURRENT FISCAL YEAR BUDGET BY RECLASSIFYING ONE BUILDING PROJECT SUPERVISOR IN PUBLIC WORKS/ENGINEERING TO SENIOR BUILDING PROJECT SUPERVISOR; ONE PROGRAMMER/ANALYST POSITION IN MANAGEMENT AND INFORMATION SERVICES TO LEAD PROGRAMMER/ANALYST; AND THREE SENIOR MANAGEMENT ANALYST POSITIONS IN ADMINISTRATION TO PRINCIPAL MANAGEMENT ANALYST The addition of duties and changes in level or authority and/or responsibility to these positions necessitates reclassification to the next level in the class series. These changes are requested to continue to effectively meet the service demands on the City. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2000-410, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ESTABLISHMENT OF A TECHNOLOGY REPLACEMENT INTERNAL SERVICE FUND AND APPROPRIATING $585,000 FROM UNANTICIPATED STATE SUBVENTION REVENUE IN THE GENERAL FUND AS A TRANSFER TO THE NEW FUND TO ESTABLISH AN ADEQUATE RESERVE During the Fiscal Year 2000/2001 budget process, staff proposed creafmg a Technology Replacement Fund for the purpose of accumulating funds each year to replace various computer equipment, including microcomputers, printers, and the City's UNIX minicomputer. Staff, having defined the initial replacemere schedule and identified a source of funds for an adequate reserve, is now seeking approval to establish the fund. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. Page 3 Council Minutes 11/14/2000 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2000-411, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL On October 3, 1995, Council approved the closure of Center Street between Third Avenue and Church Avenue on Thursday afternoons for the Downtown Farmers' Market. The Market area was expanded on June 24, 1997 to include a portion of Church Avenue in order to accommodate an increased number of farmers and add a section for craft booths. The Farmers' Market has grown in popularity and again needs to expand. In accordance with the adopted conditions of approval, Council must extend the street closure before December 31, 2000. (Director of Community Development) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2000-412, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AYRES LAND COMPANY AS MANAGER OF ACI SUNBOW, LLC TO CONSTRUCT THE PORTIONS OF EAST PALOMAR STREET IDENTIFIED AND 1NCLUDED IN SUNBOW II, PHASES IB, 1C AND 2A, AS WELL AS THE POGGI CANYON DETENTION BASIN INCLUDED 1N THE PHASE 1A CONTRACT, AND RECEIVE CREDIT AGAINST TRANSPORTATION DEVELOPMENT IMPACT FEES The City has received letters dated March 3, 2000 and October 9, 2000 from Ayers Land Company requesting authorization and Transportation Development Impact Fee credit for construction of roadway facilities along East Paiomar Street from Medical Center Drive to the easterly boundary of Sunbow II, Phases 1B, 1C and 2A, and for improvements related to Olympic Parkway construction between Oleander Avenue and Brandywine Avenue, including drainage basin improvements in Poggi Canyon and mitigation (general biological, wetlands, CSS) for Phase 1A and 1B roads. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2000-413, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The City of San Diego has approved a Joint Use Agreement with the City of Chula Vista for the Otay 2nd Pipeline to be relocated within Olympic Parkway, Paseo Ranchero and the City of San Diego water easement adjacent to Telegraph Canyon Road, which is also within publicly maintained open space. The agreement outlines each party's responsibilities and obligations for that portion of Olympic Parkway, Paseo Ranthero and the easement area that is being used jointly for public right-of-way, open space maintenance, the conveyance of water, sewer and storm drainage. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 4 - Council Minutes 11/14/2000 CONSENT CALENDAR (Continued) 10 A. RESOLUTION NO. 2000-414, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "A" FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS B. RESOLUTION NO. 2000-415, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP TO $200,000 FOR GENERAL REQUIREMENTS ASSOCIATED WITH THE CORPORATION YARD PROJECT On September 26, 2000, Council passed Resolutions 2000-333 and 2000-334 approving the rejection, re-bid and award associated with the first set of bids for the Corporation Yard project. On October 10, 2000, Council passed Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids. On October 17, 2000, Council passed Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids. On October 24, 2000, the City Council passed Resolution 2000-386 approving the award associated with the fourth set of bids. Approval of tonight's resolution will accept the lowest responsive bids and award all the contracts as designated for award on Exhibit "A" covering the remaining trade work associated with the construction of the Corporation Yard project. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 11. RESOLUTION NO. 2000-416, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE OLYMPIC PARKWAY STREET IMPROVEMENTS, OLEANDER AVENUE TO BRANDYWINE AVENUE (STM-344) At 2:00 p.m. on November 1, 2000 in Conference Room 3, the Director of Public Works received sealed bids for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue in the City of Chula Vista, CA (STM-344)" Project. The general scope of the project involves the construction of curb, gutter and sidewalk, the reconstruction of the existing pavement and other work necessary to complete the project from Oleander Avenue to Brandywine Avenue to meet the Olympic Parkway construction to the east. (Director ofPublic Works) Staff recommendation: Council adopt the resolution. 12 A. RESOLUTION NO. 2000-417, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A TEN- FOOT PEDESTRIAN ACCESS EASEMENT WITHIN A PORTION OF LOT "A" OF MAP 13845, ASSESSORS PARCEL NO. 643-350-10 B. RESOLUTIONNO. 2000-418, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A TEN-FOOT PEDESTRIAN ACCESS EASEMENT WITHIN A PORTION OF LOT "A" OF MAP 13845, ASSESSORS PARCEL NO. 643-350-10 Page 5 -Council Minutes 11/14/2000 CONSENT CALENDAR (Continued) A request has been received to vacate and relocate a ten-foot pedestrian access easement within the property owned by The Otay Ranch Company. In accordance with Chapter 4, Section 8333 of the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of resolutions ordering said summary vacation and relocation of such easements. (Directorof Public Works) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION NO. 2000-419, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MERKEL AND ASSOCIATES, INC. FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR TELEGRAPH CANYON CREEK IMPROVEMENTS OFF-SITE MITIGATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Army Corps of Engineers issued a nationwide permit for the Telegraph Canyon Creek improvements project. In accordance with this permit, a Mitigation Plan was prepared for the off-site mitigation requirement. The services of a qualified biological monitor are necessary for the implementation of this plan as well as other conditions of the permit. This report requests that the City Council approve the proposed contract with Merkel and Associates, Inc. for $39,513.00 to provide consulting services as the Environmental Monitor Specialist (biologist) to implement all of the conditions of the Telegraph Canyon Creek environmental permits. (Director of Planning and Building, Director of Public Works) Staff recommendation: Council adopt the resolution. 14 A. RESOLUTION NO. 2000-420, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORMAL BIDDING PROCESS AS IMPRACTICAL, AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND PACIFIC BAY PROPERTIES, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR ROLLING HILLS RANCH (ALSO KNOWN AS SALT CREEK RANCH), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2000-421, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL, AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND MCMILLIN OTAY RANCH LLC, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN (INCLUDING VILLAGES ONE AND FIVE), AND AUTHORIZING THE MAYOR TO EXECUTE SAD AGREEMENT Page 6 Council Minutes 11/14/2000 CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2000-422, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND OTAY PROJECT L.P., APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN (INCLUDING VILLAGES ONE, FIVE, AND ONE WEST), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In compliance with state law, Mitigation Monitoring and Reporting Programs were adopted by Council for the Rolling Hills Ranch (AKA, Salt Creek Ranch) Sectional Planning Area Plan and Otay Ranch, Sectional Planning Area One Plan (SPA One). SPA One includes Villages One, Five, and One West. State law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This report requests that the City Council approve the proposed contracts with Merkel & Associates for a total of $44,372 annually to provide consulting services as the Environmental Monitor Specialist (biologist) for Rolling Hills Ranch (AKA, Salt Creek Ranch) and Otay Ranch, SPA One and to waive the formal bidding process. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. 15 A. RESOLUTION NO. 2000-423, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICABLE, APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA CONSULTING FOR LAND USE CONSULTING SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING AN ADDITIONAL $226,025 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND B. RESOLUTION NO. 2000424, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICABLE, APPROVING TIlE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES RELATED TO THE CITY OF CHULA VISTA MULITPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING AN ADDITIONAL $145,000 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND Page 7 - Council Minutes 11/14/2000 CONSENT CALENDAR (Continued) I April 1999, MNA Consulting was retained by the City to draft a revised MSCP Subarea Plan (Plan), assist in the drafting of the Implementing Agreement, and assist in processing the Plan and Implementing Agreement through the public heating and wildlife agencies' approval processes. In October 2000, Council adopted the Draft MSCP Subarea Plan. There are a variety of tasks necessary to ensure smooth and timely implementation of the Plan, and the City wishes to acquire incidental take authority for Qulno checkerspot butterfly, a species not covered under the MSCP. City staff has determined that the scope of work for completion of the City's MSCP Subarea Plan has expanded, and additional tasks have been identified related to Plan implementation and legal review. Staff recommends that the existing agreements with MNA Consulting and Remy, Thomas and Moose, LLP (Remy Thomas) be amended to include the expanded scope of work. The resulting fiscal impact of approving the MNA Consulting and Remy Thomas contracts would be an amendment to the Fiscal Year 2000/2001 budget to appropriate $226,025 and $145,000, respectively, from the available fund balance of the General Fund to the Department of Planning and Building. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. 16. RESOLUTION NO. 2000-425, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER TO SUBMIT A GRANT PROPOSAL TO THE CALIFORNIA COASTAL COMMISSION WHALE TAIL COMPETITIVE GRANTS PROGRAM; AND AUTHORIZING THE NATURE CENTER DIRECTOR TO ENTER INTO A CONTRACT WITH THE CALIFORNIA COASTAL COMMISSION IF A GRANT IS AWARDED The Chula Vista Nature Center has been invited to submit proposals to receive grant funds from the California Coastal Commission pursuant to the Commission's 2000/2001 Whale Tall Grants Program funded through the sale of the Whale Tall Coastal Protection License Plates. A resolution of the City Council authorizing the Nature Center's grant proposal submittal and designating the agency's representative is a required element of the submittal. (Nature Center Director) Staff recommendation: Council adopt the resolution. 17. RESOLUTION NO. 2000-426, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING LOWEST BID DUE TO DISPARITIES IN BID PROPOSAL, AWARDING CONTRACT FOR THE CORRUGATED METAL PIPE (CMP) REHABILITATION AT AUTUMN HILLS UNIT 1 (DR-152) PROJECT TO FORD CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $278,000, APPROPRIATING $40,000 FROM THE AVAILABLE FUND BALANCE IN THE SEWER FACILITIES REPLACEMENT FUND AS A LOAN TO CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT DR-152, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT Page 8 - Council Minutes 11/14/2000 CONSENT CALENDAR (Continued) At 2:00 p.m. on Friday, November 3, 2000, the Director of Public Works received sealed bids for the corrugated metal pipe (CMP) rehabilitation at Autumn Hills Unit 1 (DR-152). This project provides for the rehabilitation of two existing 42-inch corrugated metal pipes. The 42-inch CMP lines are located within and adjacent to the Autumn Hills Unit 1 condominium property. The Autumn Hills Unit 1 condominium property is situated, in general, between Malta Avenue and Maple Drive. The pipe lining method to be employed by the successful low bidder for the project is Cured-ln-Place pipe liner. The ork also includes all labor, material, equipment, transportation, protection and restoration, and traffic control necessary for the completion of the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CHULA VISTA POLICE OFFICERS' ASSOCIATION EXTENDING THE MOU FOR TWO YEARS AND PROVIDING ADDITIONAL COMPENSATION AND BENEFITS AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET, AND APPROPRIATING $282,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND The Police Officers' Association and City negotiators have met to discuss various amendments to the Police Officers Association MOU, including extending the MOU (currently scheduled to expire on June 30, 2003) through June 30, 2005. (City Manager) Staff recommendation: Council adopt the resolution. With reference to Item #7, a recommendation was made that staff explore other alternatives for the location of the Farmers' Market and to consider the Parkway location as one suggestion. Item No. 18 was removed from the Consent Calendar and tabled. ACTION: Mayor Horton moved to approve the Consent Calendar with Item #7 amended to direct staff to explore alternatives to the current Farmers' Market location and with Item #18 tabled, headings read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS Jim Johnson, 424 Stoneridge Court, Bonita, spoke against election campaign signs posted in open space areas. He requested that the City look at implementing sign restrictions and communicate the restrictions to candidates and their supporters, and suggested the levy of fmes if necessary. Mayor Horton replied that the City does have an existing sign policy in place and the difficulty of dally tracking of illegal postings. Page 9 -Council Minutes 11/14/2000 ACTION ITEMS 19. CONSIDERATION OF ADOPTION OF A RESOLUTION WAIVING GRADIN6 DEVIATION POLICY NO. 460-02, AND AUTHORIZING THE INITIATION OF PROCEEDINGS FOR THE TRANSFER OF CITY OPEN SPACE PROPERTY TO CERTAIN RESIDENTS WITHIN THE BONITA RIDGE ESTATES OPEN SPACE DISTRICT NO. 4 The resident at 426 Camino Elevado, Mr. Juan Quintero, brought to the City's attention that there exists a discrepancy in the legal lot boundary between his property and the adjacent City-owned open space lot. After examination, staff detenulned that there are likely several properties in the subdivision with rear yards encroaching into the adjacent open space lot as result of a failure to process boundary adjustment documents by the developer back in 1974. Mr. Quintero wishes to process a boundary adjustment document that will correct the boundary discrepancy. Staff is recommending waiving Council Policy 460-02, Grading Deviation Policy, for Mr. Quintero and the other residents with similar boundary problems within the Bonita Ridge Estates Open Space District No. 4 for a period of two years and allowing the residents to process boundary adjustment plats in order to eliminate the discrepancy. (Director of Public Works) Public Works Director Lippitt proposed to waive the Grading Deviation Policy for two years to allow those property owners affected by the boundary discrepancies the choice to make boundary adjustments and not encroach into the open space. He added that any changes to the lot lines would require Council approval since the open space is City-owned property. City Engineer Swanson stated that the developers had been forced to adjust the lot lines prior to the sale of homes, but that never occurred. When the map was approved, the proposed map showed that the lots were bigger than the subdivision maps filed. Councilmember Salas asked whether property owners would be affected by their ability to add onto the floor area ratio. City Engineer Swanson replied that, in most cases, the City would be adding area to the legal lots. Jim Johnson, 424 Stoneridge, stated that the condition needs to be rectified, and he hoped the property owners would not have to withstand substantial costs. He asked staff how many lots were involved and whether the present legal lot sizes were 10,000 square feet. City Engineer Swanson replied that there were 13 lots affected in the immediate vicinity. Mr. Johnson stated that he was in support of staffs recommendation. Lloyd Harrison, 414 Camino Elevado, stated that his fence was built along the grading line. He recommended that a single activity be implemented rather than obtaining individtml surveys and that the adjustments be to where the lot line is graded. Roy Hammond of Bonita Ridge hoped that the situation would be rectified simply and was in support of not giving property away. Page 10 - Council Minutes 11/14/2000 ACTION ITEMS (Continued) City Engineer Swanson stated that notices were only being sent to owners of those properties that had been identified. He also encouraged residents to contact staff if they felt their property was affected. Mayor Horton suggested that notices be mailed out in addition to the 13 properties identified, prior to the two-year time limit. Councilmember Davis encouraged staff to take responsibility by contacting all owners, including out-of-town owners. ACTION: Councilmember Davis offered Resolution No. 2000-427, heading read, text waived: RESOLUTION NO. 2000-427, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING GRADING DEVIATION POLICY NO. 460-02, AND AUTHORIZING THE INITIATION OF PROCEEDINGS FOR THE TRANSFER OF CITY OPEN SPACE PROPERTY TO CERTAIN RESIDENTS WITHIN THE BONITA RIDGE ESTATES OPEN SPACE DISTRICT NO. 4 The motion carried 5-0. 20. CONSIDERATION OF ADOPTION OF THE CARBON DIOXIDE REDUCTION PLAN The CO2 Reduction Plan was developed as a tool to reduce the effects of carbon dioxide on the environment. The plan consists of 20 action measures of which 11 have been successfully implemented since 1997. The remaining measures have been reviewed by staff for future implementation. (Director of planning and Building) Special Operations Manager Meacham mentioned some of the program's achievements, which included the retrofitting of major City facilities, thereby reducing energy costs; retro~tting portions of traffic signal lights; and the bus fleet conversion. He stated that staff would return on a regular basis to keep Council and the public updated. Deputy Mayor Moot stated that the Greenstar Energy Program had taken the longest to move forward. He added that a consultant was hired a year ago and he would like to see what has resulted tiom funds spent for the consultant. Assistant Planning Director Sandoval responded that staff went through a year-and-a-half exercise to acquire consultants. He stated that the City is working with SDG&E and other organizations to create a program that the City will be able to implement. Councilmember Davis acknowledged former Co2 Task Force Chair Susan Hemey, crediting her for her hard work on the program. Councilmember Salas requested that the synchrohization of traffic signals be checked in certain areas to enable smooth traffic flow and eliminate unnecessary emissions. Page 11 - Council Minutes 11/14/2000 ACTION ITEMS (Continued) ACTION: Deputy Mayor Moot offered Resolution No. 2000-428, heading read, text waived: RESOLUTION NO. 2000-428 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CARBON DIOXIDE REDUCTION PLAN (CO2 REDUCTION PLAN) AND DIRECTING STAFF TO CONTINUE TO IMPLEMENT RECOMMENDED MEASURES WITHIN THE PLAN. The motion carried 5-0. OTHER BUSINESS 21. CITY MANAGER'S REPORTS There were none. 22. MAYOR'S REPORTS There were none. 23. COUNCIL COMMENTS There were none. CLOSED SESSION 24. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case ACTION: Insm~ctions were given to Counsel. ADJOURNMENT At 8:30 p.m., Mayor Hotton adjourned the meeting to the Regular Meeting of December 5, 2000, at 4:00 p.m. in the Council Chambers. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 12 - Cotmcil Minutes 11/14/2000