HomeMy WebLinkAboutcc min 2005/01/11
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
January I 1,2005 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone, and
Mayor Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY BUCK MARTIN, DIRECTOR OF RECREATION, OF THE
EMPLOYEE OF THE MONTH, ROSEMARY BRODBECK, RECREATION
SUPERVISOR II
Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Rosemary
Brodbeck. Recreation Director Martin expressed pleasure in having Rosemary on his team.
· RECOGNITION BY POLICE CHIEF EMERSON OF RECENTLY PROMOTED
LIEUTENANTS, SCOTT ARSENAULT AND LON TURNER, AND RECENTLY
PROMOTED SERGEANTS CARLOS VALDIVIA AND ERIC THUNBERG
Police Chief Emerson introduced recently promoted Lieutenants Arsenault and Turner and
recently promoted Sergeants Valdivia and Thunberg. He then presented each with their new
badge. Mayor Padilla thanked the officers for their years of service and dedication.
· PRESENTATION BY MAYOR PADILLA TO FINANCE DIRECTOR, MARIA
KACHADOORIAN, OF A CERTIFICATE OF AWARD FROM THE CALIFORNIA
SOCIETY OF MUNICIPAL FINANCE OFFICERS FOR OUTSTANDING
FINANCIAL REPORTING FOR 2002-2003 AND A CERTIFICATE OF
ACHIEVEMENT FROM THE GOVERNMENT FINANCE OFFICERS
ASSOCIATION OF THE UNITED STATES AND CANADA FOR EXCELLENCE IN
GOVERNMENT ACCOUNTING AND FINANCIAL REPORTING
Finance Director Kachadoorian explained the significance of the awards, and Deputy Mayor
Davis presented her with the awards for outstanding financial reporting.
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SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION BY JOHN ISON, ENGINEER/POLLUTION PREVENTION
SPECIALIST OF THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL, TO
JACK DICKENS, FLEET MANAGER, OF THE "MODEL POLLUTION
PREVENTION SHOP" AWARD ON BEHALF OF THE CHULA VISTA TRANSIT
REPAIR SHOP AND THE CITY'S PUBLIC WORKS GARAGE
Tyrone Stnith, representing the Department of Toxic Substances Control, recognized Fleet
Manager Dickens and Chris Ferson from the City's Transit repair shop for completing the
"Model Pollution Prevention Shop" program and commended them for exceeding state standards
with regard to toxic substance control. He stated that the two City facilities are the first shops in
the region to receive the Model Shop award, and there are only 34 such shops throughout
California.
CONSENT CALENDAR
(Items 1 through 10)
Councilmembers Rindone and Castaneda requested that Items 9 and 10 be pulled from the
Consent Calendar for discussion. Councilmember Castaneda also stated that he would abstain
from voting on Item 1 since he was not yet a member of the Council on the dates referenced.
1. APPROVAL OF MINUTES of November 2, November 9, November 16, November 17,
and November 23,2004.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
. Letter of resignation from Mark Croshier, member of the Charter Review
Comtnission.
, Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2005-001, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING RESOLUTION 2004-349, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE STATE URBAN PARKS AND
HEALTHY COMMUNITIES PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, FOR UNIVERSALLY ACCESSIBLE PLAYGROUND
EQUIPMENT AT MONTEV ALLE COMMUNITY PARK
On November 2, 2004, the Council adopted Resolution 2004-349, authorizing the City to
apply for grant funding for Montevalle Park playground equipment under the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002.
Certain language elements required by the State of California granting agency were
inadvertently omitted from the body of the resolution. These elements have now been
included. (Director of Recreation, Director of General Services)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes January 11,2005
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CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2005-002, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING RESOLUTION 2004-348, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE YOUTH SOCCER AND
RECREATION DEVELOPMENT PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, TO PROVIDE NEW SOFTBALL FACILITIES AND
RENOVATE EXISTING SOCCER FACILITIES AT OTA Y PARK
On November 2, 2004, the Council adopted Resolution 2004-348, authorizing the City to
apply for grant funding for Otay Park improvements under the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Certain
language elements required by the State of California granting agency were inadvertently
omitted from the body of the resolution. These elements have now been included.
(Director of Recreation, Director of General Services)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2005-003, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED
GRANT REVENUE IN THE AMOUNT OF $10,000 FOR THE SMALL BUSINESS IN
A BOX GRANT
The Chula Vista Public Library recently received a one-time Library Services and
Technology Act grant from the California State Library in the amount of $10,000 for
Fiscal Year 2005. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2005-004, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED GRANT
REVENUE IN THE AMOUNT OF $10,903 FOR EXPENDITURES ASSOCIATED
WITH THE LITERACY PROGRAM
The Chula Vista Literacy Team has received a total of $10,903 in unanticipated grant
revenues, which will be used to support the Literacy program. A one-time grant in the
amount of $5,800 was received from the California State Library for the Library's Reach
Out and Read program. The California Department of Education awarded an additional,
unanticipated $1,000 for the Workforce Investment Act (WIA) 231 Grant and the
California State Library has augmented the Matching Funds Grant in the amount of
$4,103. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2005-005, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN ADDENDUM TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA
VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT
REGARDING JOINT OPERATION OF THE DASH (DYNAMIC AFTER SCHOOL
HOURS) AND STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT AND
TUTORING FOR CHILDREN) AFTER-SCHOOL PROGRAMS; AND
APPROPRIATING FUNDS THEREFOR
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CONSENT CALENDAR (Continued)
The current memorandurn of understanding (MOU) between the City and the Chula Vista
Elementary School District, in effect until June 30th, 2005, authorizes the operation of
two after-school programs at elementary school sites. The STRETCH Program, with its
emphasis on literacy and arts enrichment, is currently offered at seven district schools,
and the DASH program, with structured sports and recreation activities, is offered at 24
district schools. Adoption of the resolution approves an addendum to the MOU between
the City and the Chula Vista Elementary School District for Fiscal Year 2004/2005.
(Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2005-006, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) TO CLAIM AND APPROPRIATE CITY OF CHULA
VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT
(TDA) ARTICLE 4.0 FUNDS IN THE AMOUNT OF $18,000 FOR THE
. ACQUISITION OF A MID-SIZE, CNG SHUTTLE BUS FOR THE NATURE CENTER
Adoption of the resolution authorizes SANDAG to claim and appropriate $18,000 in
prior-year TDA Article 4.0 funds. The $18,000 is in addition to the $165,000 previously
appropriated for the purchase of a 30-foot CNG bus to operate as the Nature Center
Shuttle. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve Consent Calendar Items 1 through 8, headings
read, texts waived. The motion carried 5-0, except for Item 1, which carried 4-0-1
with Councilmember Castaneda abstaining, since he was not yet a member of the
Council on the dates referenced.
ORAL COMMUNICATIONS
Steve Bilson, representing Rewater Systems, requested that the Council direct staff to complete
the State Water Resources Control Board, State Revolving Fund loan application to demonstrate
that Rewater's system is a cost-effective, environmentally-friendly method to supply water to
new development throughout the state. Mayor Padilla asked staff to prepare an information item
for Council on the issue.
Sheri Smith expressed concern about drug and alcohol abuse among homeless persons in
Friendship Park. She spoke in support of a Chula Vista Police Officer's desire to designate
Friendship and Memorial Parks as alcohol-free zones. Mayor Padilla asked staff to provide a
follow-up report to Council on the matter.
Kevin O'Neill commended Plans Examiner Carolyn Dakan for epitomizing professionalism and
public service, adding that he would submit a commendation in letter form to the City Manager.
Page 4 - Council Minutes January II, 2005
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ACTION ITEMS
11. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO CHAPTER 9.20 OF
THE MUNICIPAL CODE RELATING TO PROPERTY DEFACEMENT, AN
AMENDMENT TO THE MASTER FEE SCHEDULE TO ESTABLISH A GRAFFITI
REMOVAL FEE, AND AMENDMENTS TO THE FISCAL YEAR 2004/2005
BUDGET FOR ADDITIONAL GRAFFITI ABATEMENT STAFF AND RELATED
EQUIPMENT COSTS
Adoption of the ordinance and resolutions provides additional abatement and
enforcement tools to protect public and private property from acts of vandalism and
defacement, especially graffiti. The new program makes it unlawful for any person to
permit his/her property to remain defaced with graffiti that is visible to the public for
more than 48 hours. It also gives City crews the authority to remove graffiti on
privately-owned property and creates a new, non-mandatory graffiti removal fee.
(Director of Public Works Operations)
Director of Public Works Byers explained the proposed graffiti eradication process. He then
read the following proposed amendment into the record, recommending that the Council adopt
the amendment along with the proposed ordinance: The City Manager or his/her designee may
give utilities or responsible parties with an active program for the removal of graffiti, and who
own or maintain multiple unattended structures throughout the City, up to five additional days to
remove graffiti from those structures.
Councilmember Castaneda stated that first priority should be given to apprehending perpetrators
of graffiti crimes. He also believed that the proposed 48-hour requirement to remove graffiti
could be onerous for many citizens, particularly for seniors and low-income residents. In
addition, he expressed concern about potential selective enforcement and the City's resultant
exposure to liability. He suggested that the item be continued for further examination.
Deputy Mayor Davis expressed concern about the 48-hour removal requirement and asked if it
would be the responsibility of the property owner or tenant to remove graffiti. She also
recommended tougher penalties for graffiti perpetrators and fewer penalties for victims, and she
asked about the possibility of bringing back the sound-activated spray can program. She then
suggested that the item be brought back at a later date and that staff meet with members of the
business community to obtain input regarding property defacement issues and graffiti removal
requirements.
Councilmember McCann expressed the need for further input on the proposed ordinance and
suggested that staff work collaboratively with citizens and the business community on ways to
address graffiti-related issues. He also commented on the need for stronger enforcement and
punishment of the perpetrators, and he requested information on who is responsible for graffiti
eradication along Interstates 805 and 5, since the tagging that exists along the freeways reflects
poorly on the City.
Councilmember Rindone expressed concern about the proposed 48-hour graffiti removal
requirement and discussed the need for a consistent and set standard for graffiti removal from
residential properties.
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ACTION ITEMS (Continued)
Carl Hodges stated that he has expended hundreds of dollars eradicating graffiti along his fence,
and he expressed the need for the City to address graffiti issues as soon as possible. He
suggested that in lieu of the proposed graffiti eradication fees for residents, the abatement
program be funded with taxpayer dollars.
ACTION: Councilmember Rindone moved to refer Item 11 back to staff and to direct staff
to return to the Council within 45 days with proposed amendments based on
Council comments at this meeting. Councilmember McCann seconded the .
motion, and it carried 5-0.
City Manager Rowlands asked the Council to consider adopting Resolution 2005-009 at this
meeting, since immediate staffing is needed for the recently purchased graffiti abatement vehicle
and to maintain current graffiti abatement in the City.
ACTION: Councilmember Rindone moved to refer Items llA and llB back to staff and
'reconsider Item llC, Resolution No. 2005-009. Councilmember McCann
seconded the motion, and it carried 5-0.
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.20,
RELATING TO PROPERTY DEFACEMENT, INCLUDING GRAFFITI
REMOVAL REQUIREMENTS, PENAL TIES AND RIGHTS OF THE CITY TO
ENTER AND REMOVE GRAFFITI (FIRST READING)
I B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
I AMENDING THE MASTER FEE SCHEDULE AND ESTABLISHING A NEW
GRAFFITI REMOVAL FEE
ACTION: Councilmember Rindone moved to adopt Resolution No. 2005-009, heading read,
text waived:
C. RESOLUTION NO. 2005-009, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING $44,534
. FROM THE AVAILABLE BALANCE OF THE GENERAL FUND,
APPROPRIATING $26,500 FROM THE AVAILABLE BALANCE OF
THE CORPORATION YARD DEVELOPMENT IMPACT FEE (DIF)
FUND, AND APPROVING ADDITIONAL STAFF FOR PUBLIC
WORKS OPERATIONS TO IMPLEMENT A NEW GRAFFITI
ABATEMENT PROGRAM
Councilmember McCann seconded the motion, and it carried 5-0.
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Page 6 - Council Minutes January 11,2005
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ITEMS PULLED FROM THE CONSENT CALENDAR
9. RESOLUTION NO. 2005-007, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY
(PROJECT NO. JY -065K)
On September 29, 2004, the Director of General Services received sealed bids for this
project, which was included in the budget. The project is to remove and replace curbs,
gutters, sidewalks, and driveways displaced by differential settling, tree roots, etc. on
various City streets. (Director of General Services)
Staff recommendation: Council adopt the resolution.
Councilmember Rindone requested that the full bid amount of $101,025 be authorized for
sidewalk replacements at various City locations.
Councilmember Castaneda recommended that staff continue to identify problem areas in the
City, expand the current sidewalk replacement list, and incorporate the expanded list into the
next budget process.
Councilmember McCann requested a status report on capital improvement projects in the west
side of the City.
ACTION: Councilmember McCann offered Resolution No. 2005-007, heading read, text
waived, as amended to include the full bid amount of $101,025. The motion
carried 5-0.
10. RESOLUTION NO. 2005-008, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) WITH SAN DIEGO DIALOGUE, A UCSD EXTENDED STUDIES AND
PUBLIC PROGRAM, AND APPROVING THE APPROPRIATION OF $50,000 FROM
THE AVAILABLE BALANCE OF THE GENERAL FUND TO COORDINATE
CRITICAL NEW RESEARCH ON SPECIFIC CROSSBORDER OPPORTUNITIES
FOR ECONOMIC GROWTH
Since its inception, San Diego Dialogue has been conducting research on long-term
issues that the bi-national region faces in order to encourage the development and
implementation of viable solutions to improve quality of life. San Diego Dialogue's goal
through partnerships with strategic regional partners is to strengthen the economic and
technological capacity of the crossborder region in high value-added, globally
competitive industries. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 7 - Council Minutes January II, 2005
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ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
Kenn Morris, representing San Diego Dialogue and speaking on behalf of Dr. Mary Walshok,
provided an overview of the program and crossborder initiatives to foster the growth of
technology companies that link Baja California and San Diego County businesses. He stated that
the proposed Memorandum of Understanding between the City and the Regents of the University
of California would 1) assist in building momentum at the University of San Diego Extension for
the creation of a science and technology education and training facility within the South County
region; and 2) make up a critical part of the support needed by San Diego Dialogue to research
current trends and collect data to catalyze investments in the region. He added that San Diego
Dialogue is undertaking these efforts with other partners and would be focusing primarily on
crossborder-related topics and what the University of San Diego has to offer to the region in the
areas of research and development expertise.
Councilmember Rindone asked what financia( contributions other members were making. Mr.
Morris responded that Wells Fargo Bank and the State of Baja are each contributing $50,000.
Councilmember Castaneda requested confirmation that $150,000 was the projected budget for
the proposed program. Mr. Morris stated that $150,000 would be for the kick-off of the
initiative, which is proposed to be a two-year program. Councilmember Castaneda expressed the
need to ensure a good collaborative process between the City, San Diego Dialogue, and the
South County Economic Development Committee.
ACTION: Councilmember Rindone then offered Resolution No. 2005-008, heading read,
text waived. The motion carried 5-0.
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
City Manager Rowlands recommended that the meeting of January 18, 2005, be cancelled due to
a lack of agenda items
ACTION: Deputy Mayor Davis moved to cancel the meeting of January 18,2005. Mayor
Padilla seconded the motion, and it carried 5-0.
13. MAYOR'S REPORTS
Mayor Padilla wished the community a happy New Year. He spoke briefly about the many
upcoming projects, opportunities, and challenges facing the City. He thanked Deputy Mayor
Davis and Councilmember McCann for assisting him with engagements in his absence. He also
reported that he would attend the United States Conference of Mayors in Washington D.C. next
week and would report on the conference upon his return.
Page 8 - Council Minutes January 11,2005
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14. COUNCIL COMMENTS
Deputy Mayor Davis:
A. Ratification of appointment of J.C. Clayton to the Mobilehome Rent Review
Commission.
ACTION: Deputy Mayor Davis moved to ratify the appointment of J.C. Clayton to the
Mobilehome Rent Review Commission. Councilmember Rindone seconded the
motion, and it carried 5-0.
B. Discussion regarding the possible naming of the Community Room after the two
Chula Vista police officers who died in the line of duty.
Deputy Mayor Davis requested that staff and the Police Officers Association come back to the
Council with suggestions on ways to honor the two ChuIa Vista police officers killed in the line
of duty.
C. Discussion regarding policies for the memorial wall at the police facility.
Deputy Mayor Davis requested that staff and the Police Officers Association come back to the
Council with suggestions on a direction to be taken regarding the memorial wall at the police
facility. City Manager Rowlands responded that the Police Officers Association, in conjunction
with other County agencies, is working on a preliminary schematic to honor fallen officers
countywide, and a report would be forthcoming to the Council.
Councilmember McCann stated that he attended the grand opening of Fire Station 6, and he
thanked Deputy Mayor Davis for being the keynote speaker for the event. He also wished
everyone a happy New Year.
Councilmember Castaneda requested to convene a meeting with Planning Department staff and
stakeholders in the Otay River Valley Park regarding adjacency rules for the park and to consider
the adoption of an ordinance.
Councilmember Rindone asked staff to provide the Council with a status report on code
enforcement issues since the increase in code enforcement staffing.
ADJOURNMENT
At 8:44 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of January 25, 2005,
at 6:00 p.m. in the Council Chambers. (The Regular Meeting of January 18, 2005 was
cancelled).
~~~~~
Susan Bigelow, MMC, City Clerk
Page 9 - Council Minutes January 11,2005
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