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HomeMy WebLinkAboutcc min 2008/05/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 6, 2008 4:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone (arrived at 4:29 p.m.), and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY FINANCE DIRECTOR MARIA KACHADOORIAN OF EMPLOYEE OF THE MONTH, ROSY BARAJAS, ACCOUNTING TECHNICIAN Finance Director Kachadoorian introduced employee of the month, Rosy Barajas. Mayor Cox then read the proclamation and Councilmember McCann presented it to Rosy. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO BRAD REMP, ASSISTANT DIRECTOR OF PLANNING & BUILDING/BUILDING OFFICIAL AND BEN WEST, CHAIRMAN OF THE BOARD OF APPEALS & ADVISORS, PROCLAIMING MAY 5 THROUGH MAY] ],2008 AS BUILDING SAFETY WEEK Mayor Cox read the proclamation and Councilmember Castaneda presented it to Brad Remp and Ben West. Mayor Cox also recognized City building officials present at the meeting. . PRESENTATION BY MAYOR COX OF PROCLAMATIONS PROCLAIMING WEDNESDAY, MAY 7, 2008 AS PEACE OFFICERS MEMORIAL DAY TO THE FAMILIES OF FALLEN BORDER PATROL AGENTS ERIC CABRAL AND JAROD DITTMAN Police Chief Emerson spoke about the 80 law enforcement officials who gave their lives in the line of duty in San Diego County, and announced that a memorial in their honor was scheduled for May 7, 2008, at Balboa Park. Mayor Cox then read the proclamations and Councilmembers Ramirez and McCann presented them to Chief Emerson. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO MARTIN BARROS, CHAIRMAN FOR CHULA VISTA ELKS YOUTH ACTIVITIES; ROY JENNESS, EXALTED RULER; AND MIKE CORTEZ, SCHOLARSHIP CHAIRMAN - CHULA VISTA ELKS LODGE 2011, PROCLAIMING MAY] THROUGH MAY 7, 2008 AS YOUTH WEEK Page 1 - Council Minutes May 6. 2008 SPECIAL ORDERS OF THE DAY (Continued) Mayor Cox read the proclamation and Councilmember McCann presented it to Mr. Barros and members of Elks Lodge 2011. In recognition of Youth Week, Mayor Cox called upon Bianca Brodbeck, Chairperson for the City' s Youth Action Council, who gave an overview of recent and future activities by the Youth Action Council. CONSENT CALENDAR (Items I through 9) Councilmember Castaneda stated that he would be abstaining from voting on Item lA, and Items 2A, 2B, and 9 due to the proximity of his residence to the projects. I. WRITTEN COMMUNICATIONS A. Memorandums from Councilmember Steve Castaneda requesting excused absences from the City Council Meetings of April 15 and 22,2008. Staff recommendation: Council excuse the absences. B. Letters ofresignation from: Sonny Chandler, Commission on Aging; Helen Marie Stokes, Commission on Aging; Frances E. Cornell, Cultural Arts Commission; Bertha J. Lopez, International Friendship Commission; Kathleen Marshall, International Friendship Commission, and Chelsea Rodriguez, Youth Action Council. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 2. This item was removed from the Consent Calendar. 3. RESOLUTION NO. 2008-114, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF ASSESSMENT DISTRICT NO. 2001-1 OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND THE MUNICIPAL IMPROVEMENT ACT OF 1913 As part of the City's fiduciary role in administering Assessment Districts and Community Facilities Districts, Finance staff has been working with NBS, the City's special financing district administrator, to address delinquent payments of special assessments. Five parcels within the 2001-1 Reassessment District have been identified as being delinquent and now face judicial foreclosure as required by the Bond Indenture. Letters were sent to the property owners notifying them of the judicial foreclosure and requesting payment of the delinquent assessments in order to avoid such action. To date, no payments have been received. (Finance Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes May 6. 2008 4. RESOLUTION NO. 2008-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE CLICK IT OR TICKET PROGRAM (4/5THS VOTE REQUIRED) The California Office of Traffic Safety awarded $10,000 to the Police Department for the Click It or Ticket program in support of the national program. Adoption of the resolution allows the Police Department to utilize the grant funds for seat belt enforcement on an overtime basis, with the goal of increasing seat belt use statewide. (Police Chief) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2008-116, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $1,000 DONATION FROM WAL-MART STORE NO. 2479 AND APPROPRIATING SAID FUNDS INTO THE FISCAL YEAR 2008 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET (4/5THS VOTE REQUIRED) The Police Department received a $1,000 donation from Wal-Mart store No. 2479. The funds will be used to purchase equipment and supplies for the Police Department. (Police Chief) Staff recommendation: Council adopt the resolution. 6. A. RESOLUTION NO. 2008-117, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $325,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SAFETY FUND AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2008 POLICE DEPARTMENT BUDGET FUND FOR THE PURCHASE OF TRAFFIC SAFETY EQUIPMENT (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2008-118, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 11 POLICE MOTORCYCLES TO HUNTINGTON BEACH HONDA The Police Department receives funds from each traffic related ticket that is written. These funds are deposited into the Traffic Safety Fund. The Police Department is requesting an appropriation of $230,000 from the Traffic Safety Fund for the purchase of motorcycles, and to accept bids and award a contract for the purchase of 11 police motorcycles to Huntington Beach Honda. The department is also requesting an additional appropriation of $95,000 from the Traffic Safety Fund to purchase traffic safety equipment. (Police Chief) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes May 6. 2008 7. RESOLUTION NO. 2008-119, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $335,070 GRANT FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES FOR THE CALGRIP GRANT AND DIRECTING STAFF TO INCLUDE FUNDING IN THE FISCAL YEAR 2009 POLICE DEPARTMENT GRANT BUDGET; APPROVING THE ADDITION OF ONE PEACE OFFICER TO THE AUTHORIZED POSITION COUNT OF THE POLICE DEPARTMENT (4/5THS VOTE REQUIRED) The Chula Vista Police Department recently received notice that the department had been awarded the California Gang Reduction, Intervention and Prevention (CaIGrip) grant from the Governor's Office of Emergency Services. This grant is for a total of $335,070 and will focus on a gang prevention, intervention and suppression project focused on the western portion of the City for a two-year project running from July 1,2008 through June 30,2010. (Police Chief) Staff recommendation: Council adopt the resolution. ~. RESOLUTION NO. 2008-120, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING POSTING OF "NO ALCOHOL" SIGNS AT HARBORSIDE PARK Harborside Park, located at 670 Oxford Street, was opened in May 2006. Since its opening, the rate of violent and disorder calls at the park have increased 252% over the rate in 2006; from 2.1 per acre per year to 7.4 per acre per year. Alcohol use is a factor in 29% of calls for the park, and 31 % of the park's disorder calls. Municipal Code Section 2.66.043 makes it unlawful to consume or possess an alcoholic beverage without a permit within any City park if signs are posted prohibiting such activity. In order to post the signs, the Municipal Code requires a City Council resolution finding that the park, or a portion thereof, is experiencing problems with the public's consumption of alcohol. Adoption of the resolution makes said finding and approves the posting of the signs, which will assist the Police Department with enforcement activities. (Police Chief) Staff recommendation: Council adopt the resolution. 9. This item was removed from the Consent Calendar. Deputy Mayor Rindone arrived at the meeting at 4:29 p.m., and requested for the record, that the items under the consent calendar indicate his registration of a "yes" vote. ACTION: Councilmember McCann moved to approve staff's recommendations and offered the balance of the Consent Calendar (Items I, 3 through 8), headings read, text waived. The motion carried 5-0, except on Item lA, which carried 4-0-1, with Councilmember Castaneda abstaining. Public Comments was taken out of order and heard at this time, prior to Items Removed from the Consent Calendar. The minutes reflect agenda order. Page 4 - Council Minutes May 6, 2008 ITEMS REMOVED FROM THE CONSENT CALENDAR 2. A. RESOLUTION NO. 2008-112, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW-236)" PROJECT TO ZONDIROS CORPORATION IN THE AMOUNT OF $157,110 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT B. RESOLUTION NO. 2008-113, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CAPITAL IMPROVEMENT PROJECT SW-234 "SEWER IMPROVEMENTS ON COLORADO BETWEEN J AND K" TO THE "CENTER STREET SEWER REPLACEMENT IN THE CITY OF CHULA VISTA, (CIP NO. SW- 236)" PROJECT IN THE AMOUNT OF $148,071 TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) On April 2, 2008, the Engineering & General Services Director received sealed bids for this project which provides for the replacement of approximately 600 feet of existing 10- inch vitrified clay pipe with 12-inch poly vinyl chloride pipe within Center Street, adjacent to the Police Department. Adoption of the resolutions awards the bid and authorizes the transfer of funds. (Engineering and General Services Director) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION NO. 2008-121, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION WITH EACH SUB-RECIPIENT OF FUNDS FROM THESE PROGRAMS, AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICATIONS FOR FEDERAL ASSISTANCE WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, APPROVING THE FISCAL YEAR 2007/2008 AMENDED ANNUAL ACTION PLAN AND AUTHORIZING THE NECESSARY APPROPRIATIONS TO FUND THE FISCAL YEAR 2007/2008 AMENDED ANNUAL ACTION PLAN (4/5THS VOTE REQUIRED) As a Housing and Urban Development (HUD) entitlement community, the City receives grant funds under the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnerships Act Program (HOME). The funds are distributed among local non-profits, housing developers and City departments to provide decent housing, economic opportunities and provide a suitable living environment for low and moderate-income persons. On March II, 2008, the City Council held a Public Hearing on the 2008/2009 CDBG, HOME and ESG funding recommendations. Adoption of the resolution approves the final Action Plan, which contains the spending plan, as well as the 2007/2008 amended Action Plan to reallocate unencumbered or unexpended CDBG funds. (Redevelopment and Housing Assistant Director) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes May 6, 2008 ACTION: Deputy Mayor Rindone moved to approve staff s recommendations and offered Items 2 and 9, headings read, text waived. Councilmember McCann seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining, due to the location of his residence. PUBLIC COMMENTS Jo Wavra, Chula Vista resident, representing a used car business located at 3275 Main Street, spoke in opposition to code enforcement citations by the City. Tom Stanley, San Diego resident, spoke with respect to the City's code enforcement actions on the used car lot business located at 3275 Main Street, and suggested that Council provide the necessary directives to staff on resolving the issues. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke about her concern with some of the small businesses on Main Street, stating that continued citations by the City's Code Enforcement Department on these businesses would affect the importance of balanced jobs and housing that such businesses bring to the community. Margaret Tuite, Chula Vista resident, spoke regarding the City's budget deficit and the related jobs and housing imbalance. She spoke of the importance of supporting small businesses in the City, and that Code Enforcement should not be permitted to make policy decisions. She also spoke in support of the removal ofthe Peaker Power Plant. Penny Bollinger, Chula Vista resident, representing the auto dealerships on Main Street, stated that redevelopment in the area was necessary, and suggested implementation by the City, of a redevelopment plan with the dealerships to form a small used auto industry. She stated that these small businesses were revenue generators for the City, and that doing away with the businesses would directly affect the look of the area and the families employed by the businesses. She suggested a meeting between staff and the businesses, to seek financial assistance and incentives to develop an area for the businesses. Councilmember Ramirez requested that staff meet with the speakers to discuss cooperative efforts for a clear understanding of the City's code enforcement practices, and to bring a report back to the Council in order for the Council to develop a code enforcement policy. Councilmember McCann requested that staff work diligently and collaboratively with the small businesses for a continued partnership. City Manager Garcia responded to the comments, expressing the importance of the history of the code violations that had been ongoing for the past 18 years, with minimal attempts by the owners of the businesses to correct the violations and complaints by surrounding businesses. He suggested a meeting with the speakers and staff to provide an opportunity to understand the background of the case. Mayor Cox noted a letter on the dais from Dave Davis, Chula Vista resident, dated May 6, 2008, regarding small businesses to be included for the record. Page 6 w Council Minutes May 6. 2008 Pamela Bensoussan, Chula Vista resident, spoke about the importance of small businesses' contributions to the City's economy, and suggested that the City create outreach programs and assistance with code compliance to the small business community. Larry Breitfelder, Chula Vista resident, spoke with respect to the code enforcement issues with the businesses on Main Street, and suggested that the Council provide direction to staff to meet legal objectives and to serve the public. Victor Aguilar, Chula Vista resident and owner of the auto dealership business located at 3328 Main Street, stated that he purchased the business in 2003 and was not aware of prior non- conforming use violations. He stated that he was recently issued a citation for code violations, and was concerned that the two-week timeline to cure the violations was very short. He asked for assistance to make his business compliant. Mayor Cox referred matter to the City Manager. Mayor Cox announced that Items 2 and 9, Items Removed From The Consent Calendar, would be addressed at this time. Minutes reflect agenda order. PUBLIC HEARINGS 10. CONSIDERATION OF ACCEPTANCE OF THE FISCAL YEAR 2006/2007 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department was awarded $437,890 in grant funds from the Supplemental Law Enforcement Services Fund to be used to offset the Over Hire program in Fiscal Year 2009. (Police Chief) Police Chief Emerson introduced the item. Mayor Cox opened the public hearing. Since there were no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-122, heading read, text waived: RESOLUTION NO. 2008-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $437,890 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) AND DIRECTING STAFF TO INCLUDE $437,890 IN THE FISCAL YEAR 2009 BUDGET OF THE SLESF GRANT FUND Councilmember Castaneda seconded the motion and it carried (5-0). OTHER BUSINESS II. CITY MANAGER'S REPORTS With respect to future Council meetings, City Manager Garcia recommended cancelling the May 20, 2008 meeting due to a light agenda. It was the consensus of the Council not to cancel the meeting at this time, with a request by Councilmember Castaneda for a list of agenda items scheduled for May 20, 2008. Mayor Cox requested that future agenda items be included in the Council's Information Packet. It was the consensus of the Council to schedule July 23, 2008 for commissioner interviews, and to cancel the Council meetings of August 19 and August 26, 2008. Page 7 - Council Minutes May 6. 2008 12. MAYOR'S REPORTS Mayor Cox referred to a recent letter to the Editor of the San Diego Union Tribune from County Supervisor Greg Cox in response to an April 26th letter to the Editor alleging conspiracy by Mayor Cox and County Supervisor Cox to influence the District Attorney to file charges against Councilmember Castaneda. She stated that neither she nor County Supervisor Cox provided a "tip" to the District Attorney, and serving in her position as ChuJa Vista Mayor, had never attempted to influence any criminal investigation or prosecution. 13. COUNCIL COMMENTS Councilmember Ramirez spoke with reference to his public office hours, stating that he was in the Winding Walk neighborhood to address concerns about public safety issues raised over the past several months. To that end, he thanked the City Manager and Police Department for the presence of Officer Schafer at the community meeting, who explained the issues. He also mentioned that he had been informed of a program at the Norman Park Senior Center called "Mining California's Gold," where seniors contribute ideas to help resolve issues in the City, and stated that he would be working closely with the group. With respect to the rotation of the Vice Mayor position, he suggested that the rotation continue, that Councilmember Castaneda be appointed as Vice Mayor, and to discuss the rotation procedure in the next two weeks. Councilmember Castaneda stated that the Lauderbach Literacy Council was in need of volunteer tutors to assist adults in the community with literacy needs, and he encouraged anyone interested in volunteering their services, to contact Jean Reynolds at torta@cox.net. He stated he would be attending the Historic Home Tour on May 10,2008 and volunteering his time at the Grace Farr House, 163 Cypress Street. He recognized the Third Avenue Village Association (T A V A) and Chamber of Commerce for the success of the recent Cinco de Mayo event. He spoke about a proposal by the Fire Department to ban the sale of novelty lighters in retail outlets in the City, stating that the issue underscored potential problems, and asked parents to give thought to the potential hazards. He wished his mother and all mothers a happy Mother's Day. He spoke about recent legal proceedings and charges of peljury against him, which resulted in a not guilty verdict. He expressed thanks to his family and the community who supported him throughout the process. He spoke of the need for democracy and also about his pride to serve as a Councilmember for Chula Vista. Councilmember McCann stated that he recently attended the Sharp Hospital Foundation fundraiser, and spoke of the importance of retaining hospitals in the City. He recognized the Chamber of Commerce and Third Avenue Village Association on the success of the Cinco de Mayo event. He also thanked his wife and his mother, wishing them and all mothers, a happy Mother's Day. Deputy Mayor Rindone stated that he recently attended the Mexican and American Business and Professional Association, and lecture by Dr. Hayes Bautista. He congratulated the American Cancer Society on the recent Relay for Life event at Chula Vista High School, and also congratulated Elizabeth Scott, the event organizer, and all those who participated. He spoke about his attendance at the Chula Vista Yacht Club season opener event and congratulated the organization for achieving an active program. He thanked Third Avenue Village Association and the Chamber of Commerce for the successful Cinco de Mayo event. He encouraged everyone to enjoy honoring mothers on Mother's Day. Page 8 - Council Minutes May 6. 2008 The Council recessed to Closed Session at 5:28 p.m. CLOSED SESSION 14. 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. 15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor No. 6440801000 Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore Under Negotiation: Price and Terms This item was not discussed. 16. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 No reportable action was taken on this item. ADJOURNMENT At 8:00 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of May 13,2008 at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk . r c.----~"-- Page 9 - Council Minutes May 6. 2008