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HomeMy WebLinkAboutcc min 2007/05/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 22, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett WELCOME AND INTRODUCTIONS BY DEPUTY MAYOR JERRY R. RINDONE Deputy Mayor Rindone welcomed and recognized Council colleagues and dignitaries present at the meeting. PLEDGE OF ALLEGIANCE TO THE FLAG LED BY JOHN WILLETT Mr. Willett led the Pledge of Allegiance. INVOCATION BY THE REVEREND DR. RICHARD FREEMAN Dr. Freeman led the invocation. INTRODUCTION OF MAYOR CHERYL COX BY ELIZABETH COX Elizabeth Cox introduced her mother, Mayor Cox. STATE OF THE CITY ADDRESS BY MAYOR CHERYL COX Mayor Cox presented the State of the City Address. At 6:38 p.m., Mayor Cox announced a recess for the reception. The meeting reconvened at 7:30 p.m. with all Councilmembers present. SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO PUBLIC WORKS OPERATIONS DIRECTOR BYERS, PROCLAIMING THE WEEK OF MAY 20 THROUGH MAY 26, 2007 AS NATIONAL PUBLIC WORKS WEEK Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Public Works Operations Director Byers. CONSENT CALENDAR (Items I through II) Councilmember Ramirez asked that Item I be removed from the Consent Calendar for discussion. Councilmember Castaneda asked that Item 2 be removed for discussion. Councilmember Ramirez stated he would abstain from voting on Item 3. Deputy Mayor Rindone asked that Item lObe removed for discussion. Councilmember Castaneda stated he would abstain from voting on Item 10 due to the proximity of property he owns to the Police Department. I. This item was removed from the Consent Calendar for discussion. 2. This item was removed from the Consent Calendar for discussion. 3. RESOLUTION NO. 2007-116, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING JUNE 15, 2007 AS THE DATE BY WHICH PROPERTY OWNERS WITHIN UNDERGROUND DISTRICT NO. 133 ALONG FOURTH AVENUE FROM L STREET TO ORANGE AVENUE SHALL BE READY TO RECEIVE UNDERGROUND UTILITY SERVICE, SETTING DECEMBER 31, 2008 AS THE APPROXIMATE DATE BY WHICH POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD FACILITIES ARE REMOVED WITHIN THE DISTRICT, AUTHORIZING THE INCREASE OF UTILITY ALLOCATION FUNDS TO APPROXIMATELY $2,967,000, AND AUTHORIZING PRIVATE UTILITY CONNECTIONS TO BE CONSTRUCTED AS PART OF THE DISTRICT In January 2002, the Council held a public hearing and established Utility Underground District No. 133 along Fourth Avenue, from L Street to Orange Avenue. Adoption of the resolution sets June 15, 2007 as the date by which property owners shall be ready to receive underground utility service; sets December 31, 2008 as the approximate date by which poles and other associated overhead structures shall be removed within the district; increases the authorization of utility allocation funds; and authorizes the private utility connections to be constructed as part of the district. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2007-117, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $138,776 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES AND THE CITY OF SAN DIEGO TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT The Fire Department has received reimbursements in the amount of $138,776 from the State Office of Emergency Services and the City of San Diego for staff time related to strike teams that were sent as part of the mutual aid agreements to assist in statewide firefighting efforts during the 2006 fire season and the rescue team that was deployed for Hurricane Ernesto. Adoption of the resolution appropriates these funds to offset overtime and facility support costs. (Fire Chief) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes htto:/ /www. chuJavistaca. ~ov May 22, 2007 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2007-118, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2007 EMERGENCY MANAGEMENT PERFORMANCE GRANTS FUNDS IN THE AMOUNT OF $30,729 AND DIRECTING STAFF TO INCLUDE SAID FUNDS AND CORRESPONDING MATCHING FUNDS IN THE AMOUNT OF $30,729 TO THE FEDERAL GRANTS FUND EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM IN THE FISCAL YEAR 2007/2008 BUDGET The County of San Diego Office of Emergency Services, which administers the Emergency Management Performance Grants Program, has notified the Fire Department of its Fiscal Year 2007 award in the amount of $30,729. Adoption of the resolution accepts these funds for use in continuing the development of the City's pre-incident planning project. (Fire Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-119, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2006 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS IN THE AMOUNT OF $104,600 AND APPROPRIATING SAID FUNDS The County of San Diego Office of Emergency Services, which administers the State Homeland Security Grant Program, has notified the Fire Department of its Fiscal Year 2006 award in the amount of $104,600. Adoption of the resolution accepts and appropriates the funds for use in the Fire and Police Departments to purchase communication and computer equipment and to fund homeland security-related training and planning activities. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-120, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $2,086 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Animal Care Facility has received donations in the amount of $2,086 from various donors from March through April 2007. Adoption of the resolution accepts and appropriates the donations to purchase supplies as needed to provide veterinary care. (General Services Director) Staffrecommendation: Council adopt the resolution. 8. RESOLUTION NO. 2007-121, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $54,777 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM Page 3 - Council Agenda htto://www.chulavistaca.!lOV May 22, 2007 CONSENT CALENDAR (Continued) The County of San Diego Office of Emergency Services, which administers the Law Enforcement Terrorism Prevention Program for local agencies, has notified the Police Department of its Fiscal Year 2006 award in the amount of $54,777. Adoption of the resolution accepts and appropriates the funds to be used on portable radios and homeland security training. (Police Chief) Staffreconunendation: Council adopt the resolution. 9. RESOLUTION NO. 2007-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $I94,Il4 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM The City of San Diego Office of Homeland Security, which administers the Urban Area Security Initiative Grant Program, has notified the Police Department of its Fiscal Year 2006 award in the amount of $194,Il4. Adoption of the resolution accepts and appropriates the funds to purchase chemical-resistant personal protective equipment and provide homeland security training to police officers. (Police Chief) Staff reconunendation: Council adopt the resolution. 10. This item was removed from the Consent Calendar for discussion. II. RESOLUTION NO. 2007-125, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-09, SYCAMORE ESTATES, ACCEPTING THE VARIOUS STREETS AND EASEMENTS GRANTED ON SAID MAP, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS On April 19, 2005, the Council approved tentative map 04-09 for Sycamore Estates. Adoption of the resolution approves the final map for Sycamore Estates, located north of Main Street, between Hilltop Drive and I-80S. (Acting Assistant City Manager/City Engineer) Staffreconunendation: Council adopt the resolution. ACTION: Councilmember McCann moved to approve staffs reconunendations and offered Items 3 through 9 and 11. Deputy Mayor Rindone seconded the motion, and it carried 5-0, except on Item 3, which carried 4-0-1 with Councilmember Ramirez abstaining. Page 4 - Council Minutes htto://www.chulavistaca.2:0V May 22, 2007 ITEMS REMOVED FROM THE CONSENT CALENDAR 1. ORDINANCE NO. 3073, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.66.040 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW THE PERMITTING OF ALCOHOL DURING FACILITY RENTALS AT SALT CREEK, MONTEV ALLE AND VETERANS RECREATION CENTERS AND AMENDING SECTION 2.66.015 (A) TO REDEFINE THE TERM ALCOHOLIC BEVERAGE TO INCLUDE BEER, WINE AND CHAMPAGNE ONLY (SECOND READING) Adoption of the ordinance revises the Municipal Code sections that relate to alcohol at recreation centers in order to add the three centers to the current list of authorized facilities and to limit alcohol to beer, wine and champagne. New permitting standards and fees are also proposed. First reading of the ordinance was held on May 15, 2007. (Recreation Director) Staff recommendation: Council adopt the ordinance. Councilmember Ramirez stated that the Parks and Recreation Commission had voted unanimously to oppose the item, citing concerns about police calls for service to those recreation centers that serve alcohol. Recreation Director Martin responded that, as requested by the Commission, staff would present a report to the Commission at the conclusion of one year addressing any issues. ACTION: Deputy Mayor Rindone moved to adopt Ordinance No. 3073, heading read, text waived. Councilmember McCann seconded the motion, and it carried 5-0. 2. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A TWO-HOUR PARKING LIMIT ALONG THE 500 BLOCK OF VANCE STREET AND UPDATING SCHEDULES VI AND XVI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS TIME-LIMITED PARKING ZONE (FIRST READING) Staff received a petition signed by the residents of the 500 block of Vance Street stating that there is insufficient on-street parking and requesting that time-limited parking be implemented. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council place the ordinance on first reading. Councilmember Castaneda asked when the two-hour parking would be enforced. Acting Assistant City Manager/City Engineer Tulloch replied that the restricted parking would be enforced 24 hours per day and would apply to the residents on the affected street. He further explained that a parking permit issued by the City would be required for residents to park on the street. ACTION: Councilmember Castaneda moved to approve staffs recommendation and offered the ordinance for first reading, heading read, text waived. Councilmember McCann seconded the motion, and it carried 5-0. Page 5 - Council Agenda htto: /www.chulavistaca.gov May 22, 2007 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 10. A. RESOLUTION NO. 2007-123, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PREPARATION OF AN ENGINEER'S REPORT TO INITIATE THE PROPOSITION 218 BALLOT PROCESS TO CONSIDER INCREASING ASSESSMENTS FOR OPEN SPACE DISTRICTS 3, 7, 9, OPEN SPACE DISTRICT 20 ZONES 2, 4,7, OPEN SPACE DISTRICT 23, AND EASTLAKE MAINTENANCE DISTRICT I, ZONES A AND D B. RESOLUTION NO. 2007-124, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NBS GOVERNMENT FINANCE GROUP, DBA NBS, FOR PROPOSITION 218 BALLOT SERVICES FOR CERTAIN OPEN SPACE DISTRICTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City administers and maintains 36 open space districts and associated zones. The Council previously approved the development of an effort regarding potential open space district levy increases to maintain levels of service. Adoption of the resolutions authorizes the preparation of an engineer's report, directs staff to begin the public process to propose an increase in the district assessments, and approves an agreement with NBS for 1972 Act assessment increase services. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. Deputy Mayor Rindone asked staff to resume the practice of bifurcating items when a Councilmember has a conflict of interest on a portion of an item. He then requested that the ballot information to the affected property owners include information about the benefits of the proposed adjustments and the potential risks of not maintaining the open space districts if the ballot is defeated. He asked that the Council be provided with a sample ballot. Councilmember Castaneda asked that his original request to be recused from discussing and voting on this item be removed, since it was determined by the City Attorney that no conflict existed regarding the location of his property in proximity to the Police Department. Councilmember Ramirez asked staff to consider modifying the noticing to ensure that the affected residents were adequately informed about potential consequences of decreased levels of service in the open space districts. Deputy Mayor Rindone asked staff to consider conducting at least one community meeting for each open space district impacted by the election in order to allow dialogue prior to the distribution of the ballots. ACTION: Deputy Mayor Rindone offered Resolution Nos. 2007-123 and No. 2007-124, headings read, texts waived, and included in the motion direction to staff to implement Council's suggestions. Councilmember McCann seconded the motion, and it carried 5-0. Page 6 - Council Minutes httu ://www.chulavistaca.l!OV May 22, 2007 PUBLIC COMMENTS Stephen Pavka reported that his elderly neighbors continue to feel harassed by the towing of vehicles from his neighborhood and large towing fees. Peter Watry stated that it was impossible for Community Development Department staff to remain objective about redevelopment in the City, citing the KOA project as an example where staff was unable to present a balanced, objective report, He urged the Council to find a way for staff to do their job while providing a fair hearing to affected residents. PUBLIC HEARINGS 12. CONSIDERATION OF ACCEPTANCE OF STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS The Police Department was awarded $434,864 through the Supplemental Law Enforcement Services Fund. These state funds were allocated to the Police Department for purposes required by the Citizens' Option for Public Safety (COPS) Program, which requires a public hearing to accept the funds. (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. Chief Emerson requested that the funds be included in the fiscal year 2008 budget for the department's over-hire program and in addressing $1.6 million in salary savings. Any additional funds would be used to offset costs associated with mid-year budget revisions to address patrol staffing needs. Mayor Cox opened the public hearing. There being no speakers, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-126, heading read, text waived. RESOLUTION NO. 2007-126, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $434,864 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND DIRECTING STAFF TO INCLUDE $434,864 IN THE FISCAL YEAR 2008 BUDGET OF THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES GRANT FUND Deputy Mayor Rindone seconded the motion, and it carried 5-0. 13. CONSIDERATION OF ACCEPTANCE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS The Police Department received notice of an Edward Byrne Memorial Justice Assistance Grant award in the amount of $90,139 from the Bureau of Justice Assistance. According to grant provisions, acceptance of the funds requires a public hearing. (Police Chief) Page 7 - Council Agenda htto://www.chulavistaca.QOV May 22, 2007 PUBLIC HEARINGS (Continued) 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. Chief Emerson explained that this funding would also be used for the over-hire program, and any remaining funds would be directed toward an additional Traffic Supervisor position. Mayor Cox then opened the public hearing. There being no speakers, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-127, heading read, text waived. RESOLUTION NO. 2007-127, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $90,139 FROM THE 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND DIRECTING STAFF TO INCLUDE SAID FUNDS IN THE FISCAL YEAR 2007/2008 BUDGET OF THE JUSTICE ASSISTANCE GRANT FUND Councilmember Castaneda seconded the motion, and it carried 5-0. ACTION ITEMS 14. CONSIDERATION OF APPROVAL OF THE HISTORIC PRESERVATION WORK PROGRAM The proposed program includes the formation of an interim advisory committee, finalization of a historic preservation ordinance, a proposal for a historic resources survey, and public participation throughout the process. (Planning and Building Director) Associate Planner Lopez presented the comprehensive historic preservation work program. Councilmember Castaneda asked whether staff had looked at grant funding opportunities for the proposed work program. Ms. Lopez responded that staff would be working with the City's Grants Office to seek grant funding. Peter Watry spoke in support of the proposed work program and of the importance of historical preservation in conjunction with redevelopment. Georgie Stillman spoke in support of the proposed work program and expressed the need to preserve and protect worthy historical resources, noting that implementation of the proposed program would also prevent inadvertent destruction of historical buildings. Pamela Bensoussan spoke of the many benefits and rewards that would be achieved from the proposed work program, which she believed would fulfill the goals and objectives of the General Plan and facilitate implementation of the Urban Core Specific Plan. Page 8 - Council Minutes httn ://www.chulavistaca.!lOV May 22, 2007 ACTION ITEMS (Continued) Mayor Cox stated that the Mayor's Office is planning an old-fashioned ice cream social and open house in August at the Dickinson-Boal house, the proceeds of which would be used to support the program's survey work. Councilmember McCann expressed hope that staff would seek grant funding, as well as additional local donors or sponsors, and leverage the City's large pool of volunteers. ACTION: Mayor Cox moved to adopt Resolution No. 2007-128, heading read, text waived. RESOLUTION NO. 2007-128, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE HISTORIC PRESERVATION WORK PROGRAM AND AUTHORIZING STAFF TO COMMENCE WITH THE IMPLEMENTATION OF SAID WORK PROGRAM Councilmember McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 15. CITY MANAGER'S REPORTS Interim City Manager Thomson reported that in accordance with the Municipal Code, no Council meeting was scheduled for May 29, 2007. He also noted a budget workshop scheduled for June 7,2007, at 6:00 p.m., at the John Lippitt Public Works Center. 16. MAYOR'S REPORTS Mayor Cox mentioned three tentative dates in July for interviews for the Planning Commission, Parks and Recreation Commission, and Chula Vista Redevelopment Corporation. 17. COUNCIL COMMENTS Deputy Mayor Rindone congratulated the Police Department on its recent awards and recognition ceremony and also Mayor Cox on the recent graduation of her daughter from Boston University. He then congratulated the Chula Vista Veterans Commission and McMillin Corporation on the dedication of Wolfe Canyon Park and for remembering veterans who have given the ultimate sacrifice for our freedoms. Lastly, he congratulated the Cultural Arts Commission on the successful Taste of the Arts event. Councilmember McCann reported that he attended the Police Department awards and recognition ceremony. He also attended the Wolfe Canyon Park dedication, and he thanked McMillin Company and the Veterans Advisory Commission. He congratulated the Cultural Arts Commission on the success of the Taste of the Arts event, stating that the new location worked well. He suggested that next year, the booths be placed next to Third A venue to tie in with the Third A venue restaurants. Councilmember Ramirez shared Councilmember McCann's sentiments regarding the Police Department's awards and recognition ceremony and the Taste of the Arts event. He then thanked Mayor Cox for her comments in the State of the City Address, particularly her approach to addressing redevelopment in the southwest area of the City. Page 9 - Council Agenda http://www.chulavistaca.2.0v May 22, 2007 ADJOURNMENT At 8:56 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of June 5, 2007 at 4:00 p.m. in the Council Chambers. --- Lorraine Bennett, CMC, Deputy City Clerk Page 10 - Council Minutes httn://wv./w .chulavistaca. gOY May 22, 2007