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HomeMy WebLinkAboutcc min 2004/02/03 MINUTES OF A REGUlAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 3, 2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:10 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY OATH OF OFFICE: Angel Rosario - Safety Commission City Clerk Bigelow administered the oath to Mr. Rosario, and Deputy Mayor Salas presented him with a certificate of appointment. Min-Jeong Go - Youth Commission Ms. Go was not present at the meeting. INTRODUCTION BY ASSISTANT CITY MANAGER PALMER OF THE EMPLOYEE OF THE MONfH, RUTH VASQUEZ, CIRCULATION ASSISTANT, CMC CENTER BRANCH LIBRARY Assistant City Manager Palmer introduced employee of the month Ruth Vasquez. Mayor Padilla then read the proclamation, and Deputy Mayor Salas presented it to Ms. Vasquez. PRESENTATION BY MAYOR PADILLA TO FINANCE DIRECTOR, MARIA KACHADOORlAN, OF A CERTIFICATE OF AWARD FROM THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS FOR OUTSTANDING FINANCIAL REPORTING - 2001-2002 AND A CERTIFICATE OF ACHIEVEMENT FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA FOR EXCELLENCE IN FINANCIAL REPORTING Mayor Padilla announced the receipt of awards to the City's Finance Department in recognition of its excellence in financial reporting. Deputy Mayor Salas presented the awards to Finance Director Kachadoorian, who accepted them on behalf of the Finance staff. CONSENT CALENDAR (Items 1 through 6) Councilmembers Rindone and McCann stated that they would abstain from voting on Item 2A, since they each own property within 500 feet of the development area. Deputy Mayor Salas stated that she would abstain from voting on Item 2B due to the proximity of her residence to the project. Mayor Padilla noted that Item 3 would be removed from the Consent Calendar for discussion at the request of members of the public. Councilmember Rindone indicated that he would vote no on Item 4, consistent with his vote on January 27, 2004, stating that while he supported the intent, he believed that the requirement for unanimous consent would become cumbersome at a later time. 1. 2.A. 4. APPROVAL OF MINUTES of January 14,2004. Staff recommendation: Council approve the minutes. ORDINANCE NO. 2949, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C) (SECOND READING AND ADOPTION) B. ORDINANCE NO. 2950, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE BA YFRONTrrOWN CENTRE I REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C) (SECOND READING AND ADOPTION) California Senate Bill 1045 allows the Council to extend by one year the duration of the effectiveness and time limit to collect tax increment revenue in the Merged Chula Vista and Bayfrontrrown Centre I Redevelopment Plans. Adoption of the ordinances amends the plans accordingly. These ordinances were introduced on January 27, 2004. (Director of Community Development) Staff recommendation: Council adopt the ordinances. ORDINANCE NO. 2952, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING CERTAIN PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913, THE SPECIAL ASSESSMENT, INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 AND THE ELECTIONS CODE (SECOND READING AND ADOPTION) Page 2 - Council Minutes 02/03/04 CONSENT CALENDAR (Continued) Over the past ten years, the City has formed or begun formation proceedings on five assessment districts under the 1911 Block Act. It is anticipated that several new assessment districts will be formed within the next two years under the western Chula Vista infrastructure financing program. It is desirable to clarify various issues regarding district formation and the City's participation prior to commencement of the formation of these districts. This ordinance was introduced on January 27, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION NO. 2004-033, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF DAVIDSON STREET FROM THIRD A VENUE WEST TO THE ALLEY BEHIND THE THIRD AVENUE STOREFRONTS ON FEBRUARY 18 FROM 4:00 P.M. - 8:00 P.M., FOR THE RECOGNITION OF PARTICIPANTS IN THE STOREFRONT RENOVATION PROGRAM On November 4, 2000, the Council approved the storefront renovation program to encourage private sector investment in building facades in a target area of the Town Centre I Redevelopment Project Area. The program provides rebates, design and technical assistance to eligible projects. The closure is requested to allow the Downtown Business Association and the City to host a reception and recognition ceremony for all storefront renovation program participants. (Director of Community Development) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO STRATUS, A DIVISION OF THE JCM GROUP, TO DEVELOP A HIGHER EDUCATION RECRUITMENT STRATEGY, AND APPROPRIATING $270,050 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY In November 2003, the Council/Staff University Working Group finalized the process of interviewing qualified candidates to assist with the strategic planning process, including the development of the City's mission statement, preparing a conceptual master plan, identifying model institutions that are compatible with the City's established values, and facilitating potential partnerships. As a result of this process, the Council/Staff University Working Group has selected a team of consultants lead by STRATUS. (Director of Community Development) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items 1, 2, and 4 through 6, headings read, texts waived. The motion carried 5-0 with the following exceptions: No. 2A carried 3-0-2, with Councilmembers Rindone and McCann abstaining due to the proximity of their properties to the project; No. 2B carried 4-0-1, with Deputy Mayor Salas abstaining due to the proximity of her residence to the project; and No.4 carried 4-1, with Councilmember Rindone voting no, consistent with his vote in opposition at the meeting of January 27, 2004. Page 3 - Council Minutes 02/03/04 ORAL COMMUNICATIONS Steve Molski requested clarification on Item No.3 with regard to street sweeping if on-street parking were permitted. Mayor Padilla responded that the item would be discussed later in the meeting. Mr. Molski expressed concern about the City's hiring of private corporations to approve City projects, stating that the City Manager, City staff, developers and the public have worked successfully and cooperatively on City projects in the past. He believed that the City could lose control if private corporations assumed the role of approving projects, and he opposed destroying a process that has worked well. PUBLIC HEARING 7. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGUlAR TAX BILL Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. Adoption of this resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received. (Director of Finance) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Finance Director Kachadoorian reported that 121 of the 227 delinquent accounts identified and valuated at $59,000 have now been cleared, and she requested that the remaining 106 delinquent accounts be forwarded to the County for placement on the next regular tax bill. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2004-035, heading read, text waived: RESOLUTION NO. 2004-035, 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 The motion carried 5-0. Page 4 - Council Minutes 02/03/04 BOARD AND COMMISSION RECOMMENDATIONS 8. CONSIDERATION OF A REPORT FROM THE CAMPAIGN CONTRIBUTION ORDINANCE COMMITTEE (Continued from January 6, 2004) In response to a Council referral, the Campaign Contribution Ordinance Committee (CCO) was formed to review Municipal Code Section 2.52 and recommend a revised ordinance that clarifies the City's campaign Ímance rules and is consistent with state and federal law. The committee consists of Councilmember Davis, John Moot, Esq., Cheryl Cox, representing the Charter Review Commission, and Armida Martin del Campo and Ricardo Gibert, representing the Ethics Commission. The CCO supports the adoption of the revised campaign contribution ordinance. Former Councilmember Moot, a member of the Campaign Contribution Ordinance Committee, stated that the proposed ordinance retains the ll-month limitation on campaigning. It also provides that the Council will set up a panel of special prosecutors, one of whom will be assigned on a random basis to determine whether there is probable merit or cause to a complaint, establish an immediate response so as not to further tarnish the candidate against whom the allegation is made, and, if probable cause is determined, compile the evidence and prosecute, if appropriate. The proposed ordinance does not contain a self-funding mechanism, but the committee strongly recommends that the Council routinely budget $75,000 to $100,000 each election cycle to cover the cost for special prosecutors in the event that violations occur. He then discussed the contribution limit, statistical information on the cost of elections in past years, and increased costs for running a contested race since the time the $250 limit was originally set. He also pointed out that an independent expenditure is a lawfully constitutional way to get around a contribution limit. The proposed ordinance tries to create a balanced playing field by requiring that an independent expenditure be disclosed before the election to allow opponents to raise an amount equal to the independent expenditure without having to abide by the cap. In addition, the ordinance addresses the issue of candidates loaning themselves money. which can be another way to circumvent the contribution limit. Although there is no foolproof campaign finance ordinance, the City can ÍIX the problems that exist. Ultimately, the ordinance must be fair and balanced; and the people who participate in the process, and those with a vested interest in the decision-making, must perceive it as being fair and balanced. He urged the Council to take action on the proposed recommendations. Councilmember McCann stated that the proposed ordinance is important in order to level the playing field and ensure that people are given an equal opportunity to compete. He expressed concern independent expenditures and asked about reporting requirements. Deputy City Attorney Hull explained that independent expenditure committees are either individuals or a group of people who expend funds in support of, or in opposition to, a candidate or measure. Once a committee has expended or raised $1,000, it is required to file statements in the jurisdiction in which it has expended or raised funds. The filing schedule is the same during the election cycle as for a candidate, and what the committee is required to disclose is controlled at the state level. Mr. Moot commented that, historically, there have been independent expenditure committees that have not declared or registered in Chula Vista. The proposed ordinance requires that disclosure be filed with the City Clerk before the election and, coupled with an enforcement mechanism, there is a local way of ensuring compliance. Councilmember McCann requested confirmation that the proposed ordinance is in line with the current millionaire provision. He also commented that it may be difficult to track expenditures in a multi-candidate race. Page 5 - Council Minutes 02/03/04 BOARD AND COMMISSION RECOMMENDATIONS (Continued) Deputy Mayor Salas stated that the enforcement mechanism was the most important part of the proposed ordinance and expressed concerns regarding independent expenditures. She believed that the $10,000 loan limit would level the playing field and that the $250 contribution limit should be retained since there are more people outside of Chula Vista who have the ability to contribute $500 than there are residing in the City. Councilmember Rindone asked if the committee had addressed the issue of candidates contributing money to themselves but failing to notify other candidates. Mr. Moot replied that there are two sides to the issue. One is a blatant violation of taking a contribution and not reporting it, which needs to be vigorously prosecuted. In cases where a candidate does not realize that he or she has accepted a contribution that is over the limit, the ordinance addresses the issue in a twofold manner: 1) if the check has not been cashed, it must be returned to the contributor within three business days; and 2) if the check has been cashed, the funds must be returned immediately and disclosed as a campaign contribution. A candidate who loans himself money and fails to notify other candidates would be in violation and warrant prosecution. Deputy City Attorney Hull clarified that the ordinance requires a $4,000 loan to be reported on the next regular filing. If the amount is $5,000 or more, then there is a requirement to notify opponents within 21 days or within 24 hours if it is within 21 days of the election. Failure to do so would result in prosecution under the general enforcement provisions. Mayor Padilla spoke regarding loans, by either the candidate or a commercial lending institution, noting that candidates should be aware that contributions to pay back a loan are subject to contribution limits. He also asked that the ordinance provision be clarified with regard to the suspension of contribution limits and that the provision regarding contributions by minors be changed to reflect that their contributions would not be attributed to their parents. Mayor Padilla confirmed the proposed selection process for special prosecutors and agreed that a budget line item should be designated for each election. Councilmember Rindone asked if there were limits on raising funds to retire campaign debts. Deputy City Attorney Hull responded that a candidate may raise funds to retire his or her debt, but only subject to the contribution limit. Jerold Scott asked for copies of current minutes of the Charter Review Commission and Campaign Contribution Ordinance Committee. He stated that the existing ordinance was revised in February 2003 and is clear in its purpose and intent to regulate campaign contributions. He believed that raising the campaign contribution limit from $250 to $500 would make incumbents unbeatable, since they already enjoy an advantage with their familiarity and accessibility to business and special interest groups in the City. He spoke regarding the proposal to do away with established practices of forwarding complaints first to the District Attorney, and if necessary, to the Attorney General. Additionally, he believed that permitting a candidate to accept contributions in excess of the pre-specified limits to offset a wealthy candidate's personal contribution appeared to favor incumbents. To that end, Mr. Scott stated that he could not buy in to the level playing field concept and believed that it was more plausible to view this as yet another safeguard for protecting incumbents. Page 6 - Council Minutes 02/03/04 BOARD AND COMMISSION RECOMMENDATIONS (Continued) Former Councilmember Scott AIvey thanked the Council for addressing the issues and urged the Council to move forward with the ordinance to allow Chula Vista to control its own destiny in future elections. Regarding the contribution limits, he encouraged the Council to consider a graduated increase over a period of election cycles. Rudy Ramirez asked the Council to retain the existing contribution limits, since he believed that raising the contribution limit would be contrary to the purpose and intent of the ordinance to limit undue influence. With reference to the appointment of special prosecutors, he felt that there needs to be no real or perceived connection between the body of City government and the selection of outside Counsel. He asked that the Council consider the voice of the average citizen and whether or not Council's actions would strengthen or dilute that voice. ACTION: Mayor Padilla moved to accept the report as presented and to direct staff and the committee to (1) return with language clarifying the suspension of limits provision; (2) eliminate the minor contribution provision; 3) prepare language providing for a budget allocation within the ordinance; and (4) explore including provisions that provide for the greatest level of independence for the enforcement authority. Councilmember Rindone seconded the motion, and it carried 5-0. Mayor Padilla requested that the item be brought back to the Council for consideration on February 17, 2004. ITEMS PULLED FROM THE CONSENT CALENDAR 3. ORDINANCE NO. 2951, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE, REGULATING ACCESSORY SECOND DWELLING UNITS, TO INCREASE THE MAXIMUM SIZE LIMIT, MODIFY THE ON-SITE PARKING REQUIREMENTS FOR PROPERTIES WITH NON-CONFORMING USES (SECOND READING AND ADOPTION Adoption of the proposed ordinance amends the regulations for accessory second dwelling units to allow larger units without impacting surrounding neighborhoods and to clarify the requirements for properties with non-conforming uses that seek to add a second unit. The ordinance was introduced on January 27, 2004. (Director of Planning and Building) Councilmember Rindone noted that the staff report cited the square footage as 650 to 1,000; however, the Council unanimously agreed at the previous meeting to set the square footage at 850 square feet. ACTION: Councilmember Rindone moved to amend paragraph Al on page 3-2 of the staff report to reflect the direction of the Council to limit the units to 850 square feet. Mayor Padilla seconded the motion, and it carried 5-0. Page 7 - Council Minutes 02/03/04 ITEMS PULLED FROM THE CONSENT CALENDAR (Continued) Peter Watry encouraged the Council to support the recommendation of the Planning Commission to limit the maximum floor area to 650 square feet. He stated that 850 square feet created a home, which would be very attractive to developers but detrimental to western Chula Vista. Councilmember Rindone requested confirmation that the ordinance would allow one additional unit only, regardless of the lot size. Principal Planner Schmitz responded affirmatively, adding however, that some of the lots are large enough to be subdivided to create additional units. Councilmember Davis stated that the off-street parking and two car garage requirements are good safeguards toward limiting the number of secondary dwelling units. Councilmember Rindone asked staff to report within one year on the number of units that have been affected by accessory second dwelling units. Deputy Mayor Salas requested that staff provide information to the Council on the number of lots that would qualify for accessory second dwelling units. ACTION: Councilmember Davis offered Ordinance No. 2951 for adoption, as amended to reflect a maximum gross floor area of 850 square feet, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 9. CITY MANAGER'S REPORTS There were none. 10. MAYOR'S REPORTS There were none. 11. COUNCIL COMMENTS Councilmember Rindone requested that the meeting be dedicated to Bob Tagye, a long-time Chula Vista resident who is very ill. He stated that Mr. Tagye served with the American Legion Post 253, was involved in Little League and Pony League, and served on the staff at Chula Vista High School for 21 years. He extended his thoughts and prayers to the Tagye family. CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Grippi v. City of Chula Vista (SDSC No. GlC 801393) This item was not discussed, and no action was taken. Page 8 - Council Minutes 02/03/04 CLOSED SESSION (Continued) B. City of Chula Vista v. SANDPIPA No reportable action was taken on this item. C. City of Chula Vista v. Barnhart (SDSC No. GIS 003859) No reportable action was taken on this item. ADJOURNMENT At 7:30 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on February 3, 2004 at 6:30 p.m. in the John Lippitt Public Works Center at 1800 Maxwell Road, and thence to the Regular Meeting of February 10, 2003, at 6:00 p.m. in the Council Chambers. ~ ~. Susan Bigelow, CMC, City Clerk Page 9 - Council Minutes 02/03/04