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HomeMy WebLinkAboutcc min 2007/09/25 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 25, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 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: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Eric Sutton - Growth Management Oversight Commission City Clerk Bigelow administered the oath to Mr. Sutton, and Deputy Mayor Rindone presented him with a certificate of appointment. Vandy Cam, Flavia Casas, Valeria Cuevas, Samuel Culver, Cassie Evans, Kate Googins, Erika Gracia, Matt Hoffman, Chelsea Rodriguez, Yazmin De Saracho, Marina De Saracho, John Tessitore and Elizabeth Vargas - Youth Action Council City Clerk Bigelow administered the oaths to the students, and Deputy Mayor Rindone presented them with certificates of appointment. Cassie Evans and Elizabeth Vargas were not present at the meeting. CONSENT CALENDAR (Items I through 8) Deputy Mayor Rindone stated he would abstain from voting on Item 1, and Councilmembers McCann and Ramirez stated they would abstain from voting on Item 8. I. WRITTEN COMMUNICATIONS A. Memorandum from Deputy Mayor Rindone, requesting excused absences from the City Council Meetings of September 1 I and 18,2007. Staffrecommendation: Council excuse the absences. CONSENT CALENDAR (continued) 2. A. RESOLUTION NO. 2007-239, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF CITY-OWNED PARCELS AND EASEMENTS AND THE RELINQUISHMENT OF ACCESS RIGHTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FINAL ALIGNMENT OF STATE ROUTE 125 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSFERS B. RESOLUTION NO. 2007-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE TRANSFER OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) OWNED PARCELS TO THE CITY FOR THE FINAL ALIGNMENT OF STATE ROUTE 125 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSFERS The construction of State Route 125 is nearing completion. Because of the design-build nature, minor alterations in alignment and/or design of the toll road have been made. These alterations require that some adjustments in the right-of-way configuration be made prior to opening. It is necessary for the City to grant to the Department of Transportation (Caltrans) portions of certain City-owned parcels in fee and several easements. The City will need to relinquish access rights to Caltrans in several areas. Conversely, Caltrans will need to grant to the City two parcels of excess land outside the final right-of-way. (Engineering and General Services Director) Staff recommendation: Council adopt the resolutions. 3. REPORT REGARDING THE ANNUAL RATE ADJUSTMENT OF SOLID WASTE SERVICE RATES PER THE TERMS AND CONDITIONS OF THE AMENDED AND REST A TED RECYCLING AND SOLID WASTE FRANCHISE AGREEMENT The Council previously approved the continuation of the solid waste general service rates adjustment formula, and requested that staff return with a report when the evaluation of the rate adjustment was complete for Fiscal Year 2007/2008. Rate adjustments are effective July I for large quantity generators (commercial and industrial service customers) and September I for small quantity generators (cart service customers), annually. (Engineering and General Services DirectorIPublic Works Operations Director) Staff recommendation: Council accept the report. 4. RESOLUTION NO. 2007-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH OBTAINING LOANS THROUGH THE CALIFORNIA ENERGY COMMISSION AND THE SDG&E ON-BILL FINANCING PROGRAM, NOT TO EXCEED A TOTAL OF TWO MILLION DOLLARS (4/5THS VOTE REQUIRED) Page 2 - Council Minutes September 25, 2007 CONSENT CALENDAR (continued) Adoption of the resolution authorizes staff to enter into a combination of agreements for loans with the California Energy Commission and "On Bill Financing" with SDG&E. The agreements would bridge the financial gap between energy conservation project capital costs and the available rebates for energy conservation equipment. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2007-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $412,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE DUI ENFORCEMENT AND AWARENESS PROGRAM, ADDING ONE PEACE OFFICER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Police Department received additional funding from the Office of Traffic Safety to enhance its existing DUI program, which focuses on traffic enforcement strategies to reduce persons killed and injured in alcohol-involved collisions. This funding would create a dedicated officer position in the Traffic Unit to oversee the DUI enforcement and awareness program. (Police Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-243, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $42,660 FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE REQUIRED) The Police Department and South Bay Community Services have been working in partnership for the past 10 years providing domestic violence services to the community. Adoption of the resolution accepts a grant amendment from the Governor's Office of Emergency Services to extend the Domestic Violence Response Team funding from June 30,20067 to December 31, 2007, and approves a contractual agreement with South Bay Community Services to provide domestic violence case services. (Police Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST FROM THE BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE ON SATURDAY SEPTEMBER 29, 2007 AND WAIVING ASSOCIATED FEES FOR POLICE SERVICES Page 3 - Council Minutes September 25,2007 CONSENT CALENDAR (continued) The Bonita Business and Professional Association will conduct its annual Bonitafest event on September 29, 2007, and is seeking to waive fees for police services. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2007-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 DIG- OUTS & CHIP SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INC. IN THE AMOUNT OF $3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On September 12, 2007, the General Services Director received sealed bids for the Fiscal Year 2006/2007 pavement rehabilitation program dig-outs and chip seal project (STL- 340A). The work consists of the removal and replacement of damaged asphalt concrete pavement "dig-outs" and, as an alternative bid item, chip seal pavement coatings, on various pavement locations in the City. Project work also includes striping, traffic control, and other miscellaneous work, all labor, material, equipment, and transportation necessary for the project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember McCann moved to approve staffs recommendations and adopt the Consent Calendar, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0, except for Item I, which carried 4-0-1, with Deputy Mayor Rindone abstaining; and Item 8, which carried 3-0-2, with Councilmembers McCann and Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 9. CONSIDERATION OF AMENDMENT TO THE FISCAL YEAR 2007/2008 ANNUAL ACTION PLAN TO REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The 2007/2008 Annual Action Plan for the Community Development Block Grant, Home Investment Partnership Program and the Emergency Shelter Grant Programs must be amended in order to reallocate $35,000 of unencumbered funds. This process requires a 30-day review period as well as a public hearing. (Acting Community Development Director) Page 4 - Council Minutes September 25,2007 .~ PUBLIC HEARING (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. Housing Manager Mills and Community Development Specialist Davis presented the proposed amended Annual Action Plan. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she closed the public hearing. ACTION: Councilmemher Castaneda moved to adopt the following resolution, heading read, text waived: RESOLUTION NO. 2007-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008 ANNUAL ACTION PLAN TO REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE SAN DIEGO REGIONAL REVOLVING LOAN FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS; AND ESTABLISHING THE SAN DIEGO REVOLVING LOAN PROJECT AND AUTHORIZING INTERPROJECT TRANSFERS AS NECESSARY (4/5THS VOTE REQUIRED) Councilmember McCann seconded the motion, and it carried 5-0. ACTION ITEMS 10. CONSIDERATION OF CAMPAIGN CONTRIBUTION ORDINANCE REPORT On August 14, 2007, the Council directed the City Attorney to return to the Council with a report outlining the ambiguities in the existing campaign contribution ordinance and recommend changes to clarify the existing ordinance. (City Attorney) Deputy City Attorney Dawson presented the report on the ordinance. Deputy Mayor Rindone moved to direct staff to explore consistency with state law. Mayor Cox seconded the motion. Deputy Mayor Rindone then moved to modify his motion to direct the City Attorney to look at the statute of limitations for consistency with state law and the Municipal Code, and to bring the item back to the Council. Mayor Cox seconded the motion. Deputy Mayor Rindone withdrew his motion, pending the remainder of the presentation by Deputy City Attorney Dawson and to hear public comments. Deputy City Attorney Dawson then resumed the presentation. Mr. Pavka submitted a speaker card but did not speak. Page 5 - Council Minutes September 25, 2007 ACTION ITEMS (Continued) John Moot suggested that the Council walk through the ordinance submitted by the Campaign Contribution Ad Hoc Committee, compare it with the currently proposed ordinance, and then make a decision. At 9:01 p.m., Mayor Cox recessed the meeting. At 9:14 p.m., she reconvened the meeting, with all members present. Councilmember McCann moved to I) clarify the intent by using "single elective office" rather than "single election contest"; 2) use the terms "knowingly" and "willfully"; 3) eliminate Item (I) from Section 2.52.040 regarding the suspension of contribution limits; and 4) change Section 2.52.090 regarding returning prohibited contributions from three business days to ten calendar days. Councilmember Ramirez seconded the motion. Mayor Cox expressed concern about eliminating the suspension of limits and ability to level the playing field, and asked Councilmember McCann to consider bifurcating the motion to set aside Item (I), the suspension of contribution limits, for further discussion. Councilmember McCann moved to amend the motion to eliminate Item (I). Councilmember Ramirez, who seconded the motion, stated that he would not agree to amend the motion, and he then called for the question. Councilmember McCann withdrew his original motion and offered an alternative motion. Councilmember McCann moved to accept the clarifications of the campaign contribution ordinance as presented by the City Attorney, with the following policy direction: I) use the term "single election contest" rather than "single elective office"; 2) look at the standard used by state law with reference to the use of the terms "knowingly" and "willfully"; and 3) change Section 2.52.090 regarding the return of prohibited contributions from three business days to ten calendar days. Councilmember Ramirez withdrew his call for the question. Mayor Cox clarified that the motion made by Councilmember McCann was still on the floor. ACTION: Deputy Mayor Rindone offered the following substitute motion: 1) use "single elective office" rather than "single election contest" in the sections identified by the City Attorney; 2) provide 10 calendar days for the return of prohibited contributions; and 3) direct the City Attorney to research the terms "knowingly" and "willfully" as used in state law. Mayor Cox seconded the motion. Councilmember McCann called for the question on the substitute motion. A motion to vote on the substitute motion carried 5-0. The substitute motion carried 5-0. ACTION: Councilmember McCann moved to eliminate Item (I) of Section 2.52.040 regarding the suspension of contribution limits. Councilmember Ramirez seconded the motion, and it carried 3-2, with Mayor Cox and Deputy Mayor Rindone voting no. Mayor Cox moved to amend the 90-to-180-day statute of limitations to make it consistent with the Political Reform Act, and to create a provision to allow the City Clerk to ask for clarification from the enforcement authority when she is in doubt about a provision of the code. Deputy Mayor Rindone seconded the motion. There was no vote taken. Page 6 - Council Minutes September 25, 2007 ACTION ITEMS (Continued) ACTION: Mayor Cox moved to amend the 90-to-180-day statute of limitations to make it consistent with state law. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Mayor Cox moved to consider combining the sections regarding loans and oneself and set $ 10,000 as the trigger for notice requirements for both. Castaneda seconded the motion. There was no vote taken. ACTION: ACTION: ACTION: ACTION contributions to Councilmember Mayor Cox moved to amend the motion to change the amount from $10,000 to $5,000, and direct the City Attorney to draft precise language to reflect that a loan and a contribution are treated the same with regard to noticing. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Deputy Mayor Rindone moved to limit the repayment of personal loans to $5,000, thereby removing sub-section (C) of section 2.52.050, Loans/Rules and Suspension. Councilmember Castaneda seconded the motion, and it carried 5-0. Deputy Mayor Rindone moved to direct the City Attorney to review the proposed ordinance with the re-constituted subcommittee consisting of Mr. German, Mr. Peraza, Mr. Riess, and, if willing, Mr. Watry. Mayor Cox seconded the motion, and it carried 5-0. Mayor Cox moved to change the word "apparent" to "alleged" as it pertains to referrals by the City Clerk and include a modified grandfather clause for current candidates. Deputy Mayor Rindone seconded the motion, and it carried 5-0. OTHER BUSINESS I I. CITY MANAGER'S REPORTS City Manager Garcia reported that staff would be contacting outside agencies that receive funding from the City for various programs and events to let them know that recommendations to cut funding for future events would be presented to the Council. 12. MA YOR'S REPORTS A. Recommendation from the Legislative Subcommittee regarding appointment process for members of the Board of Ethics. Mayor Cox commented on the issues relating to the current appointment process for the Board of Ethics. ACTION: Mayor Cox moved to establish a process whereby potential Board of Ethics members would be interviewed by a panel of at least two City Managers from cities in San Diego County, other than Chula Vista, and the panel would make its recommendations to the Council. Deputy Mayor Rindone seconded the motion, and it carried 3-2, with Councilmembers McCann and Castaneda voting no. Page 7 - Council Minutes September 25, 2007 OTHER BUSINESS (Continued) B. Ratification of the appointment ofNeisha Glen to the Cultural Arts Commission. ACTION: Mayor Cox moved to ratify the appointment of Neisha Glen to the Cultural Arts Commission. Councilmember McCann seconded the motion, and it carried 5-0. C. Ratification of the appointment of Bianca Brodbeck to the Youth Action Council. ACTION: Mayor Cox moved to ratify the appointment of Bianca Brodbeck to the Youth Action Council. Councilmember McCann seconded the motion, and it carried 5-0. 13. COUNCIL COMMENTS There were none. CLOSED SESSION Mayor Cox announced that Closed Session had been cancelled. The following item was not discussed, and no action was taken. 14. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Attorney ADJOURNMENT At II :40 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 2, 2007 at 4:00 p.m. in the Council Chambers. r Lorraine Bennett, CMC, Deputy City Clerk Page 8 - Council Minutes September 25, 2007 J