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HomeMy WebLinkAboutcc min 2006/02/21 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 21,2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:13 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chu1a Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone 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 . DID YOU KNOW...IT'S ABOUT OUR NEIGHBORHOODS? Presented by Leah Browder, Deputy Director of Engineering Deputy Director of Engineering Leah Browder discussed the City's infrastructure management program and neighborhood traffic and pedestrian safety program. Mayor Padilla announced that Closed Session Items 12 and 13, as well as Item 10, Mayor's Reports, would be taken out of order and discussed prior to the Consent Calendar. He recessed the meeting to Closed Session at 6:27 p.m. CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . Two Cases No reportable action was taken on this item. 13. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . Two Cases No reportable action was taken on this item. The Mayor reconvened the meeting at 7:00 p.m., with all members present. 10. MAYOR'S REPORTS . CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING PLACEMENT ON THE JUNE 6, 2006 BALLOT OF THE CITIZENS' CHARTER PROPOSAL AS SUBMITTED Mayor Padilla explained that since the meeting of February 14, 2006, the City Attorney had issued an opinion that the City Clerk could continue accepting signatures for the petition to amend the charter. He stated that, since there was confusion around the number of signatures required to qualify, and given the City Attorney's opinion, he believed it was appropriate that the City Council recognize that, had there not been the confusion, it is likely that the measure would have qualified on its own merits. Mayor Padilla believed that the proposal should be placed on the ballot, as submitted, to provide the people of Chula Vista the opportunity to debate and vote on the issue. Greg Moser, representing Chula Vistans for Private Property Protection, stated that the Council would be doing the right thing by placing the proposed initiative on the ballot, and he added that an analysis of the initiative was submitted to the Council. Mayor Padilla acknowledged the correspondence received trom Mr. Moser. Councilmember Rindone requested confirmation from Mr. Moser that, in Mr. Moser's analysis submitted to the Council, he believes the initiative is legally sound. Mr. Moser responded affirmatively. Y uri Calderon, representing Chula Vistans for Private Property Protection, thanked the City Attorney and City Clerk for reviewing and making the determination to accept the additional signatures, and the Council for considering placing the initiative on the ballot. He stated that he also submitted a letter to the Council and agreed with the analysis by the law firm. Mayor Padilla acknowledged receipt of the letter. Councilmember Rindone asked Mr. Calderon if it was his belief that the initiative did what it was reported to do and was legally sound. Mr. Calderon replied affirmatively. Jackie Lancaster urged the Council to make the right choice and allow the voters to exercise their democratic rights. Steve Haskins, Chairperson for Chula Vistans for Private Property Protection, stated that all Chula Vistans should be proud of the City Council if they move forward with what was promised. He added that the organization is ready, willing and able to discuss any issues regarding the initiative. Councilmember Rindone requested confirmation from Mr. Haskins that the initiative is what the Chula Vistans for Private Property Protection want, and that it is legally sound. Mr. Haskins responded affirmatively. Earl Jentz spoke in support of the proposed initiative, stating that it is not as restrictive as what is currently in place, and allows the people of the City to decide by vote. He believed that the proposed iniative would reduce eminent domain abuse by developers; give owners more incentive to upgrade their properties with less fear; and provide incentives for Community Development to work directly with the owners. Theresa Acerro thanked the Council for doing what the people have asked them to do. Page 2 - Council Minutes http://www.chulavistaca.gov February 21,2006 MA YOR'S REPORTS (Continued) ACTION: Mayor Padilla moved to adopt Resolution No. 2006-059, heading read, text waived: RESOLUTION NO. 2006-059, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED CHARTER AMENDMENT ON THE BALLOT TO BE CONSIDERED BY THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 6 Councilmember Castaneda thanked the Council for its quick action to place the item on the agenda. He stated that the matter goes beyond the issue of eminent domain and speaks to the core of our democracy and the ability of the people to decide their destiny. He felt that it bodes well of the Council to recognize the miscommunication between staff and the organizers of the initiative drive, and that the Council owned up to that responsibility. He stated that the Council would send a loud and clear message to the citizens that this Council listens to its people and values the right of the people to make decisions for themselves. Deputy Mayor McCann stated that the issue comes down to doing the right thing and being open and honest with the citizens of Chula Vista. He expressed the need to maintain public trust, to ensure transparency in local govemment, and to place the initiative on the ballot and allow the people to decide. Councilmember Rindone stated that there are concerns with the petition as written. He explained that the Redevelopment Agency is not ruled by the Charter, and placing the provisions in the Charter has no impact on the Redevelopment Agency. As a result, the initiative really does not do what the people think it will doing and provide that protection that they want. He stated that Councilmembers recently issued memos relating to the right of the citizens to initiate a petition and place it on the ballot. Included in his memorandum was the statement that he believed it was the responsibility of the proponents of the initiative and their legal counsel to verify that the initiative was reflective of their concerns, was legal, and would address the issue of eminent domain for the residents. ACTION: The motion carried 5-0. CONSENT CALENDAR (Items I through 3) Councilmember Castaneda requested that Item 2 be pulled ITom the Consent Calendar for discussion. Councilmember Rindone requested that Items 2 and 3 be pulled ITom the Consent Calendar for discussion. I. APPROVAL OF MINUTES of the Special Meeting and the Regular Meeting of December 20,2005. Staff recommendation: Council approve the minutes. ACTION: Deputy Mayor McCann moved to approve staff's recommendation and offered Item I, heading read, text waived. The motion carried 5-0. Page 3 - Council Minutes http://www .chulavistaca.gov February 21, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR 2. RESOLUTION NO. 2006-053, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY'S PURCHASING AGENT TO ADD $65,000 TO AN EXISTING PURCHASE ORDER WITH ESGIL CORPORATION FOR BUILDING PLAN REVIEW SERVICES The City has a multi-year contract with Esgil Corporation to provide professional plan review services. Although the Planning and Building Department budgets $190,000 for these services each fiscal year, an initial purchase order of $125,000 is established and then amended on an as-needed basis. Staff estimates the need for the $65,000 balance through the end of the fiscal year. (Planning and Building Director) Staff recommendation: Council adopt the resolution. Councilmember Castaneda questioned how Esgil Corporation monitors its services for the City, developers, and contractors, and how the City pays Esgil in terms of their plan check services. He expressed concern that there exists a thought in the industry that companies such as Esgil Corporation may be running up their bills with repetitive minor corrections to plans, and he suggested that the City look at quality control of these services. Assistant Director of Planning and Building/Building Official Remp responded that Esgil Corporation does not charge for additional plan checks; and he added that, in his 15 years of experience in the industry, he cannot recall a single incident where Esgil has charged for re-submittal of plan checks. Planning and Building Director Sandoval added that in terms of quality control, the City has established a high set of performance standards for City staff and Esgil Corporation in terms ofturnaround time and quality review. Councilmember Rindone asked the hourly rate charged by Esgil Corporation. Mr. Remp responded that most of the plans submitted are based on a percentage of the total fee that the City would normally charge. Councilmember Rindone asked if it was staffs belief that the City has sufficient requests for plan review services that would require the need for a full-time staff position. Mr. Remp replied that there are two types of services that Esgil Corporation has provided in the past, namely accommodating staff vacancies with routine services, and inrrequent projects that require a high level of expertise. He explained that the quick turnaround by Esgil Corporation for such services avoids the necessity to retain a full-time employee for an extended period of time. Planning and Building Director Sandoval added that he believes that the department is fully staffed, and that this service offers additional assistance to handle overflow, extended staff vacancies and vacations, and provides expertise on specific projects. ACTION: Councilmember Rindone moved to approve staffs recommendation and offered Resolution No. 2006-053, heading read, text waived. The motion carried 5-0. 3. RESOLUTION NO. 2006-054, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE PURCHASE AGREEMENT WITH SOFTWARE HOUSE INTERNATIONAL IN THE AMOUNT OF $174,691.71 FOR VARIOUS MICROSOFT LICENSES REQUIRED FOR CITYWIDE NETWORK AND INDIVIDUAL COMPUTER WORKSTATION APPLICATIONS; AND AUTHORIZING AN OPEN-ENDED ARRANGEMENT WITH SOFTWARE HOUSE INTERNATIONAL FOR THE PURCHASE OF ADDITIONAL MICROSOFT PRODUCTS AS NEEDED Page 4 - Council Minutes http://www.chulavistaca.gov February 21, 2006 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Adoption of the resolution approves a cooperative purchase agreement with Software House International in order to purchase various Microsoft licenses that are needed for network and individual workstation applications; and allows the purchase of additional Microsoft products through January 2008. (Management and Information Services Director) Staff recommendation: Council adopt the resolution. Councilmember Rindone expressed concern about the open-ended agreement for software products and asked what safeguards the City has in place. Purchasing Agent Coggins responded that January 31, 2008 is the end date for the agreement, and price controls are in place. ACTION: Councilmember Rindone moved to approve staffs recommendation and offered Resolution No. 2006-054, heading read, text waived. The motion carried 5-0. Deputy Mayor McCann asked Director of Information and Management Services Vignapiano to explain the penalties associated with unlicensed software. Director Vignapiano responded that there are severe penalties associated with using unlicensed software, and the City could be audited by different organizations. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 4. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS The Police department has recently received notice of an Edward Byrne Memorial Justice Assistance Grant award in the amount of $57,305 from the Bureau of Justice Assistance. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Justice Assistance Grant. (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. Mayor Padilla opened the public hearing. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered Resolution No. 2006-055, heading read, text waived. Page 5 - Council Minutes http://www.chulavistaca.gov February 21, 2006 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2006-055, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $57,305 FROM THE 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2006 POLICE GRANT FUND BUDGET The motion carried 5-0. 5. CONSIDERATION OF THE CHULA VISTA 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM; THE HOME INVESTMENT PARTNERSHIP PROGRAM; THE EMERGENCY SHELTER GRANT PROGRAM (ESG); AND THE AMERICAN DREAM DOWNPA YMENT PROGRAM Each year, the City undertakes a process to solicit and approve programs and projects for these grant funds. The staff report addressed the review of the 2006/2007 entitlement amounts, as well as the requests for funding received ITom various City departments and local organizations. The purpose of the public hearing was to offer the residents, non- profit organizations and other interested parties an opportunity to provide input on the 2006-2007 proposals, as well as the funding recommendations. (Assistant City Manager/Community Development 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 Padilla opened the public hearing. Deputy Mayor McCann announced that he is a member of the boards of the Chula Vista Veterans Home Support Foundation and the Boys and Girls Club, both of which are unpaid positions. Mayor Padilla announced that he technically holds an unpaid seat on the Veterans Home Support Foundation. Housing Manager Mills presented the 2006-2007 program. The following persons spoke in support of their programs: Gunnar Schalin Tom Kirwan Bob White Debora Munoz Michelle Castagnola Katheryn Lembo/ Tina Williams Dr. Linda Bass Antonio de los Santos Chad Blum Page 6 - Council Minutes Southwestern College, Contracting Opportunities Center Chula Vista Yacht Club Chula Vista Veterans Home Support Foundation Chula Vista Child Care Commission City of Chula Vista Recreation Department South Bay Community Services & YMCA YMCA Kinship Support Services Program Family Health Centers of San Diego San Diego Labor Council http://www.chulavistaca.gov February 21. 2006 .< j PUBLIC HEARINGS (Continued) Jackie Lancaster spoke about the 211 contact number for health, human, and disaster services in San Diego County, and she requested that the number be posted on the City's website, along with a link to the services offered. There being no further members of the public who wished to speak, Mayor Padilla closed the public hearing. Deputy Mayor McCann asked why an allocation of $5,000 to the Regional Shelter Voucher Program was recommended, when it was his belief that only programs requesting $10,000 or more were considered for funding. Ms. Mills responded that the motel voucher program is an annual countywide program, with half its funding provided by local jurisdictions and the other half by San Diego County Health and Human Services. Funding allocations are based upon the need in each jurisdiction. Deputy Mayor McCann asked if there was any duplication of services provided by the voucher program. Ms. Mills replied that South Bay Community Services administers the motel vouchers for the South Bay. Councilmember Chavez stated that the Safe and Accessible Sidewalks Program provides skills, helps the community and also saves funding for the City. She asked if there were a way for staff to work collaboratively with the program. Director of General Services Griffin responded that if someone besides the City were to construct sidewalks, the City would be required to inspect the construction and review sidewalk plans. Ms. Mills added that the City would have to adhere to labor requirements with a prevailing wage project, and insurance requirements would have to meet those of the City. Mr. Blum, representing the San Diego Labor Council, explained that the Labor Council is familiar with the rules and regulations of HUD, and the organization works closely with the City with respect to final inspections of sidewalks. Mayor Padilla stated that the program provides local apprenticeship and job opportunities, and he asked staff to re-examine the program and come back to the Council with an analysis. Councilmember Chavez concurred, stating that the program would also be giving back to the community. Councilmember Castaneda spoke about the proposed, nearly 50 percent reduction in the code enforcement program fund allocation, and asked the direct impacts this would have on the City's ability to provide code enforcement, as well as the strategies that are in place to make up for the shortfall. City Manager Rowlands responded that the General Fund will absorb the shortfall, and no programs would be affected. City Manager Rowlands recommended that $100,000 be removed from the annual sidewalk program and allocated to the Safe and Accessible Sidewalks Program to implement a pilot project. ACTION: Deputy Mayor McCann moved to approve staff's funding recommendations and direct staff to consider augmenting certain requests for Council review when the item comes back for final adoption. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 7 - Council Minutes http://www.chulavistaca.gov February 21,2006 ACTION ITEMS 6. CONSIDERATION OF ADOPTION OF THE 2006 LEGISLATIVE PROGRAM (Continued from February 7, 2006) The Legislative Program represents the Council's position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista is able to take !\ proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities. (Legislative Committee, Intergovernmental Affairs Coordinator) Councilmember Rindone requested that the Council be kept apprised of developments at the state level regarding eminent domain. Deputy Mayor McCann requested that the Council also be kept apprised of updates regarding Jessica's Law. ACTION: Deputy Mayor McCann offered Resolution No. 2006-056, heading read, text waived: RESOLUTION NO. 2006-056, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2006 LEGISLATIVE PROGRAM The motion carried 5-0. 7. CONSIDERATION OF A PILOT PROJECT FOR SPANISH INTERPRETER SERVICES FOR CITY COUNCIL, REDEVELOPMENT AGENCY, AND CHULA VISTA REDEVELOPMENT CORPORATION MEETINGS AND WORKSHOPS City Council members have expressed a desire to have Spanish interpreter services available at Council and Redevelopment Agency meetings and workshops. Adoption of the resolution approves a pilot project for those services. (Assistant City Manager Thomson, Communications Director) Assistant City Manager Thompson explained the proposed pilot program for Spanish interpreter services. Deputy Mayor McCann asked the availability of interpreter services at City events, such as the State of the City address. Assistant City Manager Thompson responded that staff would request guidance from the Council with regard to the meetings at which interpreter services would be provided. Councilmember Chavez suggested that the Council introduce interpreter services at Council workshops and build from that point. Councilmember Rindone concurred, adding that the Mayor's office could monitor additional meetings and determine the need for services. Page 8 - Council Minutes http://www.chu1avistaca.gov February 21, 2006 ACTION ITEMS (Continued) ACTION: Councilmember Chavez offered adopt Resolution No. 2006-057, heading read, text waived: RESOLUTION NO. 2006-057, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PILOT PROJECT FOR SPANISH INTERPRETER SERVICES AT CITY COUNCIL, REDEVELOPMENT AGENCY AND CHULA VISTA REDEVELOPMENT CORPORATION MEETINGS AND WORKSHOPS AND APPROPRIATING FUNDS THEREFOR The motion carried 5-0. 8. CONSIDERATION OF AN APPROPRIATION OF $125,000 FOR PARTICIPATION AT THE CALIFORNIA PUBLIC UTILITIES COMMISSION REGARDING ENERGY ISSUES Adoption of the resolution funds the costs of continuing the City's energy work before the California Public Utilities Commission through March 7, 2006 on the Renewable Portfolio Standards and other issues affecting Community Choice Aggregation and local ratepayers. (Conservation and Environmental Services Director) Councilmember Castaneda asked the status of efforts with respect to community choice aggregation. Director of Conservation and Environmental Services Meacham replied that staff would come back to the Council at a future meeting with a full report. ACTION: Councilmember Castaneda offered Resolution No. 2006-058, heading read, text waived: RESOLUTION NO. 2006-058, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $125,000 FOR PARTICIPATION AT THE CALIFORNIA PUBLIC UTILITIES COMMISSION ON ENERGY ISSUES, FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT The motion carried 5-0. OTHER BUSINESS 9. CITY MANAGER REPORTS City Manager Rowlands suggested that the meeting of February 28, 2006 be cancelled due to the few items scheduled for consideration. ACTION: It was the consensus of Council to cancel the meeting. Page 9 - Council Minutes bttp://www.cbulavistaca.gov February 2], 2006 OTHER BUSINESS (Continued) II. COUNCIL COMMENTS Councilmember Rindone thanked City Manager Rowlands and Assistant City Manager Smith for their prompt response to a staff referral about the status of the Urban Core Specific Plan. He reported that the final meeting of the advisory committee is anticipated for the end of March, and the formal hearing process on the Urban Core Specific Plan is set for July 2006. Councilmember Rindone stated that the installation of security cameras at trolley stations scheduled for 2005 was delayed because bids received for the project far exceeded the budget allocation. He reported that subsequent bids will be for wireless technology, and the project completion date is targeted for September 2006. Deputy Mayor McCarm congratulated the proponents of Jessica's Law, who turned in over 700,000 signatures to place the proposition on the June ballot. He thanked the Council for its support of the proposition. Deputy Mayor McCarm asked the status of his recent request for staff to look into drafting a local ordinance barming sexual predators from living within a certain radius of schools, parks, libraries and other places near where children live or congregate. City Attorney Moore replied that the City Attorney's Office has received a letter from the Fair Political Practices Commission determining that all Councilmembers have a conflict of interest with regard to discussing and voting on such an ordinance; therefore, staff will bring the item forward in March, and Councilmembers will draw straws to determine who will make decisions. Councilmember Chavez spoke regarding the recent accident involving a pedestrian near Harborside Elementary School and the concerns expressed by parents and the community about speeding vehicles in the area. She reported that City staff has since installed pedestrian crossing signs, with which both parents and teachers are happy. Councilmember Chavez asked that directional signs be installed behind Fire Station No. I to help residents find their desired destinations within the Civic Center. Councilmember Chavez asked staff the status of a referral made by Mayor Padilla regarding the formation of Neighborhood Communications Committees and requested that the subject be brought forward to the Council in a timely marmer. Councilmember Rindone invited the community to participate in the first Chula Vista Redevelopment Corporation meeting on February 23, 2006, at 6:00 p.m. in the Council Chambers. CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Duran v. City ofChula Vista (SDSC GIC847070) . Sanchez v. City ofChula Vista (USDC 04 0084 DMS (AJB) · Sidock v. City ofChula Vista (SDSC GIS15970) . Ray v. City ofChula Vista (USDC 03 CVI884 DMS) No reportable action was taken on this item. Page] 0 . Council Minutes http://www .chu]avistaca.gov February 2].2006 ADJOURNMENT At 10:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on February 28, 2006 at 6:00 p.m. in the Council Chambers. ~~~~J .. Susan Bigelow, MMC, City 'Clerk ~ Page 11 - Council Minutes http://www .chulavistaca.gov February 21,2006