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HomeMy WebLinkAboutcc min 2007/10/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 2, 2007 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 4:32 p.m.), McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Neisha Glenn - Cultural Arts Commission Bianca Brodbeck, Cassie Evans, Elizabeth Vargas - Youth Action Council City Clerk Bigelow administered oaths of office to Neisha Glenn, Bianca Brodbeck and Elizabeth Vargas, and Deputy Mayor Rindone presented each with a certificate of appointment. Cassie Evans was not present. . INTRODUCTION BY PLANNING AND BUILDING DIRECTOR SANDOVAL, OF EMPLOYEE OF THE MONTH, JOHN STEEN II, BUILDING INSPECTOR III Planning and Building Director Sandoval introduced the employee of the month, John Steen II, Building Inspector II. Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Mr. Steen. . PRESENTATION BY ASSISTANT CITY MANAGER/LIBRARY DIRECTOR PALMER OF CHULA VISTA PUBLIC LIBRARY'S SUMMER READING PROGRAM HONOREES: SHAWN JAMES AND LORYN CLEMENT FOR THE CIVIC CENTER BRANCH; MARTIN PELAYO AND MARKAJIA SIMMONS FOR THE SOUTH BRANCH; AND BRYCE ADAMS AND ANIKA HARRELL FOR THE EASTLAKE BRANCH Assistant City Manager/Library Director Palmer introduced the honorees, as well as the children's and teen librarians from the different library branches, and presented each honoree with a certificate of recognition. SPECIAL ORDERS OF THE DAY (continued) . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO GRETCHEN N. EVANS, PROCLAIMING OCTOBER 2, 2007 AS GRETCHEN N. EVANS DAY IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember McCann presented it to Ms. Evans. · PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TODD VOORHEES, CHAIRMAN OF THE CULTURAL ARTS COMMISSION, PROCLAIMING THE MONTH OF OCTOBER, 2007 AS NATIONAL ARTS AND HUMANITIES MONTH AND OCTOBER 5, 2007 AS CALIFORNIA ARTS DAY IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember McCann presented it to Mr. Voorhees, Chair of the Cultural Arts Commission. · PRESENTATION BY MAYOR COX OF A PROCLAMATION TO JON BEYRER, OF THE FINANCIAL PLANNING ASSOCIATION PROCLAIMING OCTOBER 1-7, 2007 AS FINANCIAL PLANNING WEEK IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Ms. Ruch of the Financial Planning Association. · PRESENTATION BY CYNTHIA BURKE, PH.D. FROM THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) ON THE RESULTS OF THE 2007 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY Ms. Burke presented the results of the 2007 survey and advised that copies could be obtained through the office of the Police Chief. Councilmember Castaneda requested that future surveys be provided to people who have not traditionally been involved. Additionally, he suggested that the Public Safety Committee look at ways to access those who have not traditionally responded and methodology to increase their participation. Deputy Mayor Rindone introduced MTS Chair Harry Mathis and Chief Executive Officer Paul Jablonski, who were present in the audience. He then spoke regarding the reduction in the number of stolen vehicles from trolley stations since security cameras were installed. Councilmember Ramirez congratulated the Police Department for the positive public perception regarding its services and also commended the department for the decrease in intersection accidents. Police Chief Emerson stated that there had been 100 fewer injury collisions in the first eight months of this year. . Page 2 - Council Minutes October 2, 2007 i J CONSENT CALENDAR (Items I through 2) Regarding Item I, City Attorney Moore stated for the record that Deputy Mayor Rindone was a non-salaried board member of the Chamber of Commerce, an IRS 501-(c)-6 organization, and Councilmember Ramirez was a member of the Chamber of Commerce who owns a non-tourist- related business. Her office analyzed those facts and determined that both Councilmembers fell within the non-interest exception of Government Code Section 1091.5A, and thus no conflict of interests were involved with respect to them voting on the item. Deputy Mayor Rindone stated he would abstain from voting on Item 2, as his residence is within 500 feet of the subject location. Mayor Cox asked that the Consent Calendar items be voted upon individually. 1. RESOLUTION NO. 2007-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SIX-MONTH CONTRACT IN THE AMOUNT OF $96,507 BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT According to Council Policy No. 230-01, each year the Council considers a budget and related contract with the Chula Vista Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau promotion services, and visitor and transit information services at the Chula Vista Visitor Information Center and Chamber of Commerce main office. Due to budget constraints, adoption of the resolution approves a six-month fee for a service contract with the Chamber of Commerce. Staff will recommend an additional six-month contract to account for services rendered during the remainder of the 2008 fiscal year after the Council's mid-year budget deliberations. (Economic Development Officer) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and offered Resolution No. 2007-247, heading read, text waived. Councilmember McCann seconded the motion, and it carried 5-0. 2. RESOLUTION NO. 2007-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO REIMBURSE CERTAIN EXPENDITURES RELATING TO THE PHASE 3 CIVIC CENTER IMPROVEMENTS FROM THE PROCEEDS OF THE SALE OF TAX-EXEMPT OBLIGATIONS It is the City's intention to receive reimbursement for amounts advanced for the Phase 3 Civic Center improvement project from proceeds of the sale of tax-exempt obligations. (Finance Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember McCann moved to approve staffs recommendations and offered Resolution No. 2007-248, heading read, text waived. Mayor Cox seconded the motion, and it carried 4-0-1 with Deputy Mayor Rindone abstaining. Page 3 - Council Minutes October 2, 2007 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Patricia Lopez, Chula Vista resident, remarked that it was interesting that John Steen received the employee of the month award and, at the same time, he and his fellow employees are facing pay cuts. She then encouraged the Council to continue discussions on the mobilehome park ordinance and assist in finding investors for park residents. She also asked that the devaluation portion be removed from the proposed ordinance. City Manager Garcia responded that although the City was considering many cuts in operations to balance the budget, pay reductions at this time for current employees were not under consideration. Mayor Cox referred Ms. Lopez to Mandy Mills in the Housing Department for additional information regarding the mobilehome ordinance. John Moot, Chula Vista resident, spoke regarding a Superior Court ruling received yesterday pertaining to the building heights initiative, wherein the judge ruled that Mr. Jentz had violated California elections law. Additionally, at a press conference yesterday, two former members of the City Council and two former Planning Commissioners announced that they would be submitting an ordinance for consideration designed to protect the integrity of the election process in Chula Vista. The ordinance provides that any person being paid to gather signatures in the City must comply with California Election Code Section 9209, obtain a business license, and show evidence at the time they obtain the license that they are in fact either a voter in Chula Vista or qualified to be a voter in Chula Vista. Mr. Moot then provided copies of the draft ordinance to which he had referred. Deputy Mayor Rindone stated that he had been approached on more than one occasion to sign the referenced petition. He asked if there were any requirements that the circulator had to inform the signer what the petition was about, and if so, how they were enforced. Mr. Moot responded that one of the basic rules, prior to gathering signatures, is that a notice must be published in a newspaper of general circulation in the jurisdiction so that people would know what it was about, and that the noticing was how most people learned about initiatives. The law specifically provides that a misrepresentation made in an effort to get someone to sign a petition would be grounds for invalidating the petition; and if anyone was asked to sign a petition where a misrepresentation had been made, it should be reported. ACTION ITEMS 3. CONSIDERATION OF REPORT ON CHULA VISTA TRANSIT (CVT) FUNDING AND OPERATIONS At the Council meeting of April 4, 2006, Transit staff presented the fourth annual report on the City's transit system, Chula Vista Transit (CVT). The current report provides an update on CVT's funding and operations. (Public Works Operations Director) Page 4 - Council Minutes October 2, 2007 -' ACTION ITEMS (Continued) Public Works Operations Director Byers introduced Transit Manager Trujillo, who presented the staff report. He spoke regarding the Metropolitan Transit System (MTS) budget shortfall, $320,000 as a preliminary estimate for Chula Vista's share; past reductions achieved through reductions in service; and the need to now look at administrative reductions, as well as continue discussions on the possibility oftransitioning the services to MTS. Deputy Mayor Rindone stated that the purpose of a transition in services from Chula Vista Transit to MTS would be to provide efficiencies in both systems, but it would require extensive discussion. Mr. Jablonski, Chief Executive Officer for MTS, expressed appreciation for the partnership between Chula Vista Transit staff and MTS. He spoke regarding the rehabilitation of the blue line, the urban partnership program with SANDAG, obtaining federal funding for SWOOP, and an express service from eastern Chula Vista to the University Town Center and Sorrento Valley area. He then addressed the budget, noting that MTS did not fare well in the state budget, services were in jeopardy, and a fare increase of$.50 would be proposed. Councilmember Ramirez expressed dissatisfaction with the City's transit system, citing bus stop maintenance issues, appearance, and locations; he asked that creative solutions or strategies be considered. Councilmember Castaneda expressed concerns about impacts to residents related to the possible transition from Chula Vista Transit to MTS, and he asked that more work and specificity be provided to identify impacts so as not to erode Chula Vista's investment in the transit system over the years. City Manager Garcia stated that discussions were still in the preliminary stage, and guidelines would be established for MTS taking over the responsibilities of Chula Vista Transit. Further, he stated that he would brief the Council in more detail as soon as more definitive decisions were made. Transit Manager Trujillo responded to the concerns expressed by Councilmember Ramirez, stating that an ongoing bus stop maintenance program was in place, and special requests for maintenance services could be reported to Public Works at 697-3000. MTS Chairman Mathis stated that Chula Vista and MTS had an established history of cooperation, which was greatly appreciated, and he then explained how to read the figures in the report that indicated an increase, not a decrease, in service. Deputy Mayor Rindone commented that transit funding was difficult to address statewide, and he explained how the Governor used city funds to balance the state budget, even though those funds were voter-approved to be used specifically for transit. Local agencies were left to try to balance the shortfall. City Manager Garcia added that Chula Vista had some of the most productive routes in the entire MTS system, noting that the Visitor Center provides over $10,000 in MTS revenue per day. ACTION: Deputy Mayor Rindone moved to accept the report. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 5 - Council Minutes October 2, 2007 OTHER BUSINESS 4. CITY MANAGER'S REPORTS City Manager Garcia stated he would attend the ICMA conference in Pittsburgh over the weekend and return on Tuesday afternoon, October 9th; Assistant City Manager Tulloch would be Acting City Manager in his absence. 5. MAYOR'S REPORTS Mayor Cox reminded everyone of the upcoming Beautify Chula Vista event on Saturday at Harborside Park. She stated that people could register online to get a shirt and gloves. Mayor Cox then spoke about the recent court ruling regarding the height limitation initiative. The issue was whether the proponents properly followed the California Elections Code in noticing the initiative. The judge ruled that the City was required to follow state law and wrote, "Because the requirement to give notice of intent prior to circulating the petition serves the important purpose of educating the public about the petition campaign before it begins, courts require strict compliance with Section 9205." He further wrote, "Because real parties in interest did not satisfY California Elections Code 9205, the initiative petition is void. It is appropriate to issue the writ so the City can avoid the unnecessary expense of placing the measure on the ballot." Mayor Cox concluded by stating that it would have cost the City more in time and money for protracted litigation, which ultimately might have precluded the proponents from submitting their revised initiative in time for the June 2008 ballot, and that with this decision, the court confirmed that the City had done the right thing by the law. . Ratification of the appointment of Johnny Flores as an ex-officio member of the Youth Action Council. ACTION: Councilmember Castaneda moved to appoint Johnny Flores as an ex-officio member of the Youth Action Council. Councilmember McCann seconded the motion, and it carried 5-0. 6. COUNCIL COMMENTS Councilmember Ramirez reported on a meeting of the South County Economic Development Commission last Friday. A panel of economic development personnel from various cities was asked what they were going to do during the economic downturn. The representative from the City of San Diego said San Diego was going to focus on the long-term. Councilmember Ramirez believed the question was important for Chula Vista to consider, and his answer would be to think in terms of planning efforts like the Urban Core Specific Plan, the southwest area and repair work needed. Councilmember McCann thanked everyone who worked at and attended Bonitafest, and stated he would participate in the Beautify Chula Vista event. Councilmember Rindone joined in congratulating those who participated in Bonitafest, and stated that the Beautify Chula Vista event this Saturday will begin at Harborside Park at 8:00 a.m. He also mentioned the Fire Station 4 open house from 10:00 a.m. to 2:00 p.m. Mayor Cox recessed the meeting at 6:09 p.m. She reconvened the meeting at 6:46 p.m., with all members present. Page 6 - Council Minutes October 2, 2007 H~ CLOSED SESSION Mayor Cox recessed the meeting to Closed Session at 6:47 p.m. 7. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Attorney No reportable action was taken. ADJOURNMENT At 9:30 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 9, 2007 at 6:00 p.m. in the Council Chambers. The Adjourned Regular Meeting of October 4, 2007 was cancelled. o?fuLr~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 7 - Council Minutes October 2, 2007