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HomeMy WebLinkAboutcc min 2006/04/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 25, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 11 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: ABSENT: Councilmembers: Castaneda, Chavez, McCann, and Rindone Councilmembers: Mayor Padilla ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: William E. Hieronimus, Board of Appeals and Advisors City Clerk Bigelow administered the oath to Mr. Hieronimus, and Councilmember Rindone presented him with a certificate of appointment. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JIM THOMAS, SENIOR VOLUNTEER PATROL, PROCLAIMING APRIL 25, 2006 AS SENIOR VOLUNTEER PATROL APPRECIATION DAY IN THE CITY OF CHULA VISTA Deputy Mayor McCann read the proclamation, and Councilmember Rindone presented it to Mr. Thomas. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DIANE GAS WIRTH, AREA SALES MANAGER FOR SECURE HORIZONS OF P ACIFICARE, PROCLAIMING APRIL 22, 2006 AS "UNITED WE PAINT DAY" Deputy Mayor McCann read the proclamation, and Councilmember Rindone presented it to Ms. Gaswirth. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MARY MOWRY, MEMBER OF THE BOARD OF DIRECTORS, PARKINSON'S DISEASE ASSOCIATION OF SAN DIEGO, PROCLAIMING APRIL 2006 AS "NATIONAL PARKINSON'S DISEASE AWARENESS MONTH" Deputy Mayor McCann read the proclamation, and Councilmember Rindone presented it to Ms. Mowry. SPECIAL ORDERS OF THE DAY (continued) . DID YOU KNOW...ABOUT THE CITIZENS' POLICE ACADEMY? Presented by Captain Gary Wedge Police Chief Emerson introduced Captain Wedge, who provided a brief presentation on the Citizens' Police Academy. CONSENT CALENDAR (Items I through 4) Councilmember Rindone stated that he would abstain from voting on the April 4, 2006 minutes, since he was not present at the meeting; and on Item 2A, his request for an excused absence. Deputy Mayor McCann stated that he would abstain from voting on Item 2B, his request for an excused absence. I. APPROVAL OF MINUTES of March 28, March 30, and April 4, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE A. Request from Councilmember Rindone for an excused absence from the Council Meeting of April 4, 2006. Staff recommendation: Council excuse the absence. B. Request from Councilmember McCann for an excused absence from the Bi- National City Council Meeting held March 30, 2006. Staff recommendation: Council excuse the absence. C. Letter of resignation from Dan Horn, member of the Planning Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. RESOLUTION NO. 2006-120, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CITY DEPARTMENTS, WORKING WITH THE PURCHASING DIVISION, TO ACQUIRE UNIFORMS, INCLUDING RENTAL, LAUNDERING, PICK-UP, AND DELIVERY FROM PRUDENTIAL OVERALL SUPPLY ON AN AS-NEEDED BASIS, PER TERMS AND CONDITIONS OF COUNTY OF SAN DIEGO RFB 885 WITH PRUDENTIAL OVERALL SUPPLY FOR THE DURATION OF RFB 885, SUBJECT TO AVAILABILITY OF FUNDS Page 2 - Council Minutes http://www .chulavistaca.gov April 25, 2006 CONSENT CALENDAR (continued) Between ISO and 200 City employees from various bargaining groups are provided uniforms. Chula Vista has an opportunity to participate in a cooperative program with the County of San Diego for a uniform service contract with Prudential Overall Supply at favorable terms and pricing. (Finance Director) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION NO. 2006-121, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH YACOEL PROPERTIES AND AUTHORIZING THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF A PORTION OF THE AUTO PARK SEWER (A COMPONENT OF THE SALT CREEK TRUNK SEWER) B. RESOLUTION NO. 2006-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF A PORTION OF THE FUNDS IN THE AMOUNT OF $83,202.80, PREVIOUSLY ALLOCATED FOR THE CONSTRUCTION OF THE AUTO PARK SEWER TO THE DEPOSIT ACCOUNT FOR "THE CROSSINGS" PROJECT (DE2002) Yacoel Properties recently completed the installation of 540 lineal feet of eight-inch PVC (of a portion of the Auto Park sewer) as part of The Crossings development. The Auto Park trunk sewer line was originally planned and budgeted for as part of the Salt Creek trunk sewer project (SW219). However, since this portion of the trunk line traversed The Crossings project and would have required trenching through their new facilities, the City and the developer reached an initial understanding that the developer would construct said portion of the trunk sewer and be reimbursed from the City's original project funds (upon authorization by the Council). The project has been completed, and the developer is now seeking reimbursement for costs associated with the project. (Acting Engineering Director) Staff recommendation: Council adopt the resolutions. ACTION: Councilmember McCann moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, except on the April 4, 2006 minutes and Item 2A, which carried 3-0-1 with Councilmember Rindone abstaining; and Item 2B, which carried 3-0-1 with Deputy Mayor McCann abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 3 - Council Minutes http://www .chulavistaca.gov April 25, 2006 PUBLIC COMMENTS Richard Shannon requested additional beat patrol officers in eastern Chula Vista, citing increased population to justify the building and staffing of a police substation. Councilmember Chavez suggested that Mr. Shannon consider attending the Citizens Police Academy and also the Public Safety Committee meeting tomorrow. Steven Pavka, who recently addressed the Council regarding his neighbors' car being towed from in front of their home, reported that Police Lieutenant Coulson visited his neighbors and assured them that there would be no repercussions, showing great patience and skill. Mr. Pavka then thanked the Council, City staff and the Police Department for their excellent handling of the matter. Dan Sherman, representing Sunbow tenants, read the following questions and comment into the record: "Question I - Was it not a conflict of interest for Steve Castaneda to purchase a unit while employed as a City Councilmember? Question 2 - Is it not also a conflict of interest for the City Council to perhaps now renege on its agreement to provide relocation assistance to current residents in order to protect Mr. Castaneda's original decision, which was based on the appearance of a conflict of interest? In my opinion, Mr. Castaneda should relinquish his property right at Sunbow Villas so that the tenants will not be penalized for his conduct and he will be cleared of the appearance of a conflict of interest." He further stated that he hoped any appearance of a conflict of interest was just that, an appearance, and that Sunbow residents would have an agreement through the City for such things as relocation assistance, a $3,000 discount if they are purchasing a unit, and the right to purchase a unit. Eleanor Zertuche stated that she had been a resident at Sunbow Villas but was forced to leave. She asked why Councilmember Castaneda was still living in the complex and given concessions when many others had been forced to move out. Deputy Mayor McCann noted that he had a request to speak from Councilmember Chavez and first recognized City Attorney Moore. City Attorney Moore advised that the Council make no comments on the Sunbow matter since it was not noticed on the agenda for discussion and since there are a number of issues yet to be resolved. She clarified that there were a number of issues raised the last time this item was discussed, legal issues, including an allegation of a potential violation of 1090. Because of that, the matter has been referred to the Attorney General's Office, and she advised the Council not to discuss the item until a reply has been received. Councilmember Chavez expressed frustration in that she would like to ask the speakers questions in order to fully understand the whole situation and their plight. City Attorney Moore reiterated that she had advised the Council not to discuss the matter. Councilmember Chavez replied that her only question was why the tenants were asked to move. She also expressed concern that issues come before the Council, cannot be discussed on the dais and then end up becoming a huge ordeal. She also commented that Councilmembers had not been informed that Councilmember Castaneda lived in the complex until it was too late. She then asked Ms. Zertuche why she had been forced to move. Page 4 - Council Minutes http://www.chulavistaca.gov April 25, 2006 PUBLIC COMMENTS (continued) Deputy Mayor McCann and Councilmembers Castaneda and Rindone left the dais at this point in the meeting. Ms. Zertuche responded that many residents were forced to move so that the units could be remodeled and turned into condominiums. Residents were given a certain deadline; she had been granted only a two-week extension. Councilmember Chavez expressed frustration in not being able to help the residents. She asked if there were a timeline to receive a response from the Attorney General and also asked for a report so everyone would know the facts. City Manager Rowlands stated that he and City Attorney Moore had met with the owners of the project based on Council direction. He then asked City Attorney Moore to elaborate. City Attorney Moore stated that the last time the item was on the agenda, she had advised the Council not to provide any comment due to an issue raised regarding 1090. In order to err on the safe side, she believed it was prudent to pull the item and send it to the Attorney General's office for a ruling on the 1090 issue that was raised by the tenants. Her office is in the process now of finalizing that letter, and another letter has already been sent to the Fair Political Practices Commission. She advised that the item not be discussed until comments or answers have been received from these agencies, especially tonight, since it was not agendized. Councilmember Chavez asked how long it would take to receive a response from the agencies. City Attorney Moore responded that there is no statutory time in which to respond but that she would ask for a response as soon as possible. Deputy Mayor McCann and Councilmembers Castaneda and Rindone returned to the dais at this time. Rosa Estrada, Sunbow tenant, asked the Council for assistance in ensuring that the owner does everything he has promised, including moving assistance and 60-day notice, since she is being forced to move with her small children. She also stated that the tenants should not have to suffer because a Councilmember lives there. Roxanne Auer, representing Sunbow tenants, clarified that Ms. Zertuche had lived in Phase 2, along with Councilmember Castaneda. Phases I and 2 had 89 tenants when the project was purchased; 18 were transferred to Phases 3 and 4; and 71 moved out altogether. Tenants were given 60-day notices to move or face eviction. As of January, Councilmember Castaneda is the only one still living in Phase 2. She then asked where Councilmember Castaneda actually lives, since she had records showing a J Street address, and the Registrar of Voters has him listed on Center Street. She asked the City Attorney what remedies were actually being reviewed. Page 5 - Council Minutes http://www .chuJavistaca.gov April 25, 2006 PUBLIC HEARINGS 5. CONSIDERATION OF ESTABLISHMENT OF THE BAYFRONT UTILITY UNDERGROUND DISTRlCT TO UNDERGROUND OVERHEAD 138 KV ELECTRlCAL TRANSMISSION LINES (TIE LINE 13815) AND SUPPORTING STRUCTURES ALONG THE CHULA VISTA BA YFRONT On March 21, 2006, the Council approved Resolution No. 2006-087 and ordered a public hearing be held to determine whether the public health, safety and general welfare require the formation of a utility undergrounding district to underground the 138 kV electrical transmission lines and supporting structures. SDG&E allocation funds would be used to cover the cost of the proj ect. The terms for the performance of this work were outlined in the Memorandum of Understanding between the City and SDG&E dated October 12, 2004. (Acting Engineering 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. Deputy Mayor McCann opened the public hearing and recognized Acting Director of Engineering Browder, who stated she and staff were present to answer questions. There being no members of the public wishing to speak, Deputy Mayor McCann closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2006-123, heading read, text waived: RESOLUTION NO. 2006-123, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE BA YFRONT UTILITY UNDERGROUND DISTRlCT TO UNDERGROUND OVERHEAD 138 KV ELECTRlCAL TRANSMISSION LINES (TIE LINE 13815) ALONG THE CHULA VISTA BAYFRONT AND SUPPORTING STRUCTURES BETWEEN TOWER 189507 AND TOWER 188701, INCLUDING TOWER 188701 The motion carried 4-0. ACTION ITEMS 6. CONSIDERATION OF A RESOLUTION AUTHORIZING THE RE-OPENING OF OLD FIRE STATION 3 TO PROVIDE ADDITIONAL FIRE AND EMERGENCY MEDICAL SERVICES TO THE COMMUNITY The Fire Department has recommended the re-opening of old Fire Station 3, located at 266 East Oneida Street, as interim Fire Station 9. This station would be staffed on a 24- hour basis by moving the engine company from current Fire Station 3. The current Fire Station 3 would be staffed with the Light and Air Rescue Truck that would be fully staffed and put into service. The opening of interim Fire Station 9 would enable the Fire Department to maximize the usage of available resources and enhance services to the community. (Fire Chief) Page 6 - Council Minutes http://www.chulavistaca.gov April 25, 2006 ACTION ITEMS (continued) Fire Chief Perry provided an overview of the staff report. He then introduced Captain Harry Muns and Captain Robert Hill, who described the Fire Department rescue program,recently renamed US&R 53 (Urban Search & Rescue) in order to align with state guidelines. Councilmember Castaneda asked that the neighbors around Station 3 be notified that the station will reopen. ACTION: Councilmember Rindone offered Resolution Nos. 2006-124 and 2006-125, headings read, texts waived: A. RESOLUTION NO. 2006-124, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FIRE DEPARTMENT TO RE-OPEN OLD FIRE STATION 3, LOCATED AT 266 EAST ONEIDA STREET, AS INTERIM FIRE STATION 9 TO PROVIDE ADDITIONAL FIRE AND EMERGENCY MEDICAL SERVICES TO THE COMMUNITY, AND AMENDING THE FISCAL YEAR 2006 FIRE DEPARTMENT BUDGET, APPROPRIATING $55,056.55 FOR THE PURCHASE OF EQUIPMENT AND MATERIALS REQUIRED TO COMMENCE STATION OPERATIONS (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2006-125, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, PSI64, ENTITLED "INTERIM FIRE STATION #9 IMPROVEMENTS," AMENDING THE FISCAL YEAR 2006 CAPITAL IMPROVEMENT BUDGET, APPROPRIATING $27,851 FOR IMPROVEMENTS REQUIRED FOR RE-OPENING THE STATION The motion carried 4-0. 7. CONSIDERATION OF LEGISLATIVE POSITIONS ON 2005/2006 BILLS INVOLVING SCHOOL PEDESTRIAN-BICYCLIST SAFETY PROGRAMS Staff requested Council consideration of legislative positions on 2005/2006 bills involving pedestrian and bicyclist safety programs in and around school zones. Assembly Bills 1324 (Vargas) and 2465 (De La Torre) would offer local goverrunents new types of traffic-calming programs for school zones. (Assistant City Manager/Corrununity Development Director) Principal Corrununity Development Specialist Lee presented the staff report. ACTION: Councilmember Chavez offered Resolution No. 2006-126, heading read, text waived: Page 7 - Council Minutes http://www.chulavistaca.gov April 25, 2006 ACTION ITEMS (continued) RESOLUTION NO. 2006-126, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING LEGISLATIVE POSITIONS ON 2005/2006 LEGISLATION INVOLVING SCHOOL PEDESTRIAN-BICYCLIST SAFETY PROGRAMS: AB 1324 (V ARGAS) AND AB 2465 (DE LA TORRE) The motion carried 4-0. OTHER BUSINESS 8. CITY MANAGER'S REPORTS There were none. 9. MAYOR'S REPORTS There were none. 10. COUNCIL COMMENTS Councilmember Rindone reported that he had met with Terry Amsler of the Institute for Local Government, who was working on a grassroots campaign for community dialogue, a critical issue as we start to examine ways to gain community input, particularly with the Chula Vista Redevelopment Corporation. Councilmember Rindone congratulated the many volunteers of the Chula Vista Mounted Police on their awards reception Friday evening. He also commented that he had attended most meetings of the Northwest Civic Association, a good group, and expressed appreciation to staff for attending and noting comments and concerns of community members. He then congratulated the recent retirees from the Fire Department. Councilmember Rindone reported that E Street, between Third A venue and Loves BBQ Restaurant, has excessive damage and potholes, especially in one of the center lanes, and he asked staff to review the situation. He also asked when repairs were last done, who did it, and if anyone had legal responsibility, since it is a gateway to the City. Councilmember Chavez thanked Community Development for assistance in getting the community and City involved in dialoguing. She also reported concern about making a turn from Minot onto E Street because parked cars on both sides of E Street block visibility. She then announced that a workshop would be held Thursday for the mobilehome park community and invited all to attend. On a personal note, she extended congratulations on a 70th wedding anniversary to family friends. Page 8 - Council Minutes http://www.chulavistaca.gov April 25, 2006 COUNCIL COMMENTS (continued) Councilmember Castaneda made a referral to the safety committee to look at bicycling and skateboarding around schools and also in neighborhoods. He noted that helmets are being worn in eastern Chula Vista, but not in western Chula Vista. There is a need get aggressive about enforcing helmet laws throughout the City, not just around schools, and to inform kids of those laws. Deputy Mayor McCann commented that perhaps the City could work with community service groups to provide helmets. Councilmember Rindone stated that this Sunday, the Downtown Business Association will host the annual Cinco de Mayo Festival from 10:00 a.m. to 5:00 p.m. on Third Avenue, and he encouraged families and community members to attend. Additionally, he stated that he had attended services for Mable Norton, who was the registrar at the Chula Visa Adult School for 25 years, and he asked that the meeting be adjourned in her memory. CLOSED SESSION I I. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case No reportable action was taken on this item. CLOSED SESSION (continued) 12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: David D. Rowlands, Jr., Marcia Raskin Employee organization: International Association of Fire Fighters No reportable action was taken on this item. ADJOURNMENT At 9: I 5 p.m., Deputy Mayor McCann adjourned the meeting in memory of Mrs. Mabel Norton to the Regular Meeting on May 2, 2006 at 4:00 p.m. in the Council Chambers. ~~~ Susan Bigelow, MMC, City Clerk Page 9 - Council Minutes http://www.chulavistaca.gov April 25, 2006