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HomeMy WebLinkAboutcc min 2008/06/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 17,2008 6:00 P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 6:03 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, Interim City Attorney Miesfeld, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO HELYN SLOAN. 2008/2009 PRESIDENT OF ALTRUSA INTERNATIONAL OF CHULA VISTA, COMMENDING THE CLUB ON ITS 50TH ANNIVERSARY Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Ms. Sloan. . PRESENTATION BY SARAH JOHNSON, REDEVELOPMENT AND HOUSING PROJECT COORDINATOR, OF THE SOUTHWEST UNITED IN ACTION PROGRAM Assistant Director of Redevelopment and Housing Crockett announced that the Seniors on Broadway Project, developed by the Metropolitan Area Advisory Committee (MAAC), were recently awarded the San Diego Housing Federation Housing Project of the Year. He then introduced the award recipients Arnulfo Manriquez and Angelica Munoz, who displayed the award to the Council and spoke about the affordable housing project. Staffmember Crockett then introduced Sara Johnson, Redevelopment and Housing Project Coordinator, stating that Sarah would be leaving the City to pursue her graduate studies at Princeton University. Staff member Johnson then gave a presentation on the March 15th Southwest United in Action community outreach program that addressed the vision for southwest Chula Vista, values, and community action plans. She stated that the Phase II community event was scheduled for June 21, 2008, from II :00 a.m. to 2:00 p.m., at the Lorna Verde Recreation Center, 1420 Lorna Lane. Mayor Cox thanked Sara for her work with the Southwest United in Action program, and wished her well on her future endeavors. Staffmember Crockett also thanked Sara for her work on implementing the Southwest Action Plan and presented her with a plaque to recognize her efforts. Page 1 - Council Minutes June 17,2008 , L.-. _J SPECIAL ORDERS OF THE DAY (Continued) · REPORT ON STATE ROUTE 125 BY GREG HULSIZER, CHIEF EXECUTIVE OFFICER OF SOUTH BAY EXPRESSWAY LTD., AND RlCHARD HOPKINS, ENGINEERlNG DIRECTOR Assistant Director of Engineering/City Engineer Hopkins introduced Greg Hulsizer, Chief Executive Officer, South Bay Expressway who gave a brief presentation and update on the toll expressway. Principal Civil Engineer Rivera then gave a report on the implications of the toll road on local street networks. At 6:44 p.m., Mayor Cox announced that Item 15 would be taken out of order with respect to the video presentation by Councilmember Ramirez and was discussed at this time. 15. COUNCIL COMMENTS Councilmember Ramirez: Video Presentation entitled, "Our Global Future, Values For Survival" Alma Aguilar, Professor of Behavioral and Social Sciences at Southwestern College, thanked Councilmember Ramirez for the opportunity to showcase the efforts of some dedicated students in connection with their electronic waste collection project. She then spoke about the project and recognized Theresa Velasquez, founder and President of the Environmental and Technology Club, whose efforts were instrumental in four electronic waste collections, and she also thanked City staff Lynn France and Manuel Madrano, and Jeff Janos, representing Callie Resources Inc. for their participation with the waste collection project. She then introduced Leticia Diaz, the new Student Body President. A video about the recycling program was then presented to the Council. CONSENT CALENDAR (Items 1 through 11) Item 4 was removed from the Consent Calendar for discussion by a member of the public. With respect to Item 11, Mayor Cox noted a typographical error in the Resolution title and request by staff to replace the words "abandoned foreclosed" to "Real Estate Owned". Councilmember Castaneda stated he would be abstaining from voting on Item 7B, due to the proximity of his residence to the districts. Councilmember McCann stated he would be abstaining from voting on Item 7 A, due to the proximity of his residence to the districts. Councilmember Ramirez stated that he would abstaining from voting on Item 4, due to a potential conflict of interest, and he requested that Item 6 be removed from the Consent Calendar for discussion. Deputy Mayor Rindone stated that he would be abstaining from voting on Item 2A I. APPROVAL OF MINUTES of May 6 and May 13,2008. Staff recommendation: Council approve the minutes. Page 2 - Council Minutes June] 7, 2008 CONSENT CALENDAR (Continued) 2. WRITTEN COMMUNICATIONS A. Memorandum from Deputy Mayor Rindone requesting an excused absence from the Joint City Council, Growth Management Oversight Commission, and Planning Commission Meeting of June 5, 2008. Staff recommendation: Council excuse the absence. B. Letter of resignation from Steven Zasueta, member of the Housing Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE NO. 3115, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ELIMINATE THE FOLLOWING TITLES - ASSISTANT DIRECTOR OF ENGINEERING AND GENERAL SERVICES/CITY ENGINEER, (CBAG) METHAMPHETAMINE STRIKE FORCE COORDINATOR, CHIEF LEARNING OFFICER, COMMUNITY RELATIONS MANAGER, CULTURAL ARTS & FUND DEVELOPMENT MANAGER, BUILDING SERVICES MANAGER, DEPUTY DIRECTOR OF ENGINEERING, DEPUTY DIRECTOR OF GENERAL SERVICES, DEPUTY DIRECTOR OF PLANNING, DEPUTY FIRE CHIEF, DEVELOPMENT PLANNING & IMPROVEMENT MANAGER, PLANNING MANAGER, REDEVELOPMENT MANAGER; GRANTS DEVELOPMENT MANAGER, ENERGY SERVICES MANAGER, AND EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC; AND TO ADD THE FOLLOWING TITLES - ASSISTANT FIRE CHIEF. ASSISTANT DIRECTOR OF ENGINEERING, EXECUTIVE ASSISTANT TO THE CITY MANAGER; AND SPECIAL PROJECTS MANAGER (4/5THS VOTE REQUIRED, SECOND READING AND ADOPTION) Adoption of the ordinance amends Chula Vista Municipal Code Section 2.05.010 by eliminating unclassified positions no longer utilized and adding current positions that had not been included. This ordinance was introduced on June 10,2008. (Human Resources Director) Staff recommendation: Council adopt the ordinance. 4. This item was removed from the Consent Calendar. 5. RESOLUTION NO. 2008-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR AUTO PARK NORTH TENTATIVE PARCEL MAP 03-03 (DEDICATED EASEMENT) Adoption of the resolution allows and obligates the Chula Vista Auto Park Association to perpetually maintain the landscape and hardscape within the City right-of-way for the commercial development project known as Auto Park North. (Engineering Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes June 17,2008 CONSENT CALENDAR (Continued) 6. This item was removed from the Consent Calendar. 7. This item was removed from the Consent Calendar. 8. RESOLUTION NO. 2008-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RENEWAL OF AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE JOINT USE OF THE LIBRARY FACILITY AT EASTLAKE HIGH SCHOOL The agreement between the City of Chula Vista and the Sweetwater Union High School District, providing for the joint use of the Eastlake High School Library, expires on June 30, 2008. A new agreement to continue this popular collaborative venture has been negotiated and is scheduled to be approved by the Sweetwater District Board on June 16, 2008. (Library Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2008-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL PROGRAM, AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM: AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU The current Memorandum of Understanding (MOU) between the City and the Chula Vista Elementary School District, in effect until June 30, 2008, authorizes the operation of two after school programs at elementary school sites. The STRETCH Program, with its emphasis on literacy and arts enrichment, is currently offered at seven district schools, and a structured sports and recreation program called DASH, at 26 district schools. Adoption ofthe resolution approves the Fiscal Year 2008/2009 MOU. (Library Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2008-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR CALHOME PROGRAM FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS AND RELATED DOCUMENTS Page 4 - Council Minutes June 17,2008 CONSENT CALENDAR (Continued) Adoption of the resolution authorizes the submittal of an application on behalf of the City by its partner, Community HousingWorks, to the State of California for CalHome funds to increase available funding for the City's Down Payment and Closing Costs Assistance Program. If approved, up to $900,000 in State grant funds will be used by the City to: I) leverage the federal HOME Investment Partnerships Program funds; 2) maximize the number of first-time homebuyers assisted by the City; and 3) infuse additional funding into the City's existing first-time homebuyer programs. (Redevelopment & Housing Assistant Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2008-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND COMMUNITY HOUSINGWORKS TO ADD THE OPERATION OF A PILOT HOMEOWNERSHIP PROGRAM FOR REAL ESTATE OWNED PROPERTIES TO THE SCOPE OF WORK, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT, ESTABLISHING A NEW, NON-CIP PROJECT, AND APPROPRIATING $300,000 OF AVAILABLE HOME INVESTMENT PARTNERSHIP FUNDS TO THAT PROJECT (4/5THS VOTE REQUIRED) In response to the increase in vacant, bank-owned properties, the City is proposing a pilot homeownership program to use targeted homeownership assistance for pre-approved low income buyers to buy vacant real estate owned properties. The City has unallocated HOME Investment Partnership funds available to fund this program. Last year Community HousingWorks was selected to administer the City's Downpayment and Closing Cost Assistance Program, and adoption of the resolution amends the Scope of Work of the original agreement to add this new program. (Redevelopment & Housing Assistant Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to adopt the balance of the Consent Calendar, headings read, texts waived. Mayor Cox seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR At 7:01 p.m., Councilmember Ramirez left the dais. 4. A. RESOLUTION NO. 2008-149, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS AND APPROVING AGREEMENTS WITH DR. BISCHEL, DVM FOR PROVISION OF A VETERINARY PREMISE PERMIT AND VETERINARY SERVICES AND WITH DR. JIANNUZZI, DVM FOR ON-SITE VETERINARY SERVICES AT THE CHULA VISTA ANIMAL CARE FACILITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS Page 5 - Council Minutes June 17, 2008 L ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2008-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY TRANSFERRING $142,800 FROM UNANTICIPATED ANIMAL CARE FACILITY PERSONNEL SALARY SAVINGS TO SERVICES AND SUPPLIES FOR CONTRACTUAL VETERINARIAN SERVICES (4/5THS VOTE REQUIRED) Adoption of the first resolution approves an agreement with Dr. Kendra Jiannuzzi for the provision of on-site veterinary services Monday through Friday, and an agreement with Dr. Ginny Bischel to provide the California Veterinary Premise Permit and facility management in the absence of a permanent Animal Control Manager. The second resolution authorizes the transfer of salary savings from the Animal Control Manager's vacant position to offset veterinarian expenditures in the amount of $142,800 to be incurred December 28, 2007 through June 30, 2008. This item was continued from the meeting of June 10,2008. (Public Works Director) Staff recommendation: Council adopt the resolutions. Laura Backe, National City resident, commented that staff had attempted to address her questions and concerns from the Council Meeting of June 10, 2008, about the Chula Vista Animal Care Facility, stating that she was hopeful of continued open and honest communications between the City, the animal care volunteers, and the animal care facility consultants. She spoke in support ofthe proposed resolution. Deputy Mayor Rindone thanked Ms. Backe for her comments, stating that the Council shared her concerns and would continue to monitor the progress of the Animal Care Facility and its care and treatment of the animals. ACTION: Deputy Mayor Rindone moved to adopt Resolution Nos. 2008-149 and 2008-150, headings read, texts waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Councilmember Ramirez abstaining. Councilmember McCann thanked the volunteers for their work at the animal shelter. Mayor Cox announced that the Animal Care Facility was seeking volunteers to provide foster care for kittens, and anyone interested in the program could contact City staff at 397-6000. Councilmember Ramirez returned to the dais at 7:08 p.m. 6. RESOLUTION NO. 2008-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE PURCHASE AND REPLACEMENT OF THE POOL HEATER AT THE LOMA VERDE RECREATION CENTER TO HORIZON MECHANICAL IN THE AMOUNT OF $77,145, WHICH WILL BE FUNDED THROUGH CAPITAL IMPROVEMENT PROJECT G0202 AND REIMBURSED THROUGH THE CALIFORNIA ENERGY COMMISSION LOAN PROGRAM Page 6 - Council Minutes June] 7, 2008 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) The failure of the pool heaters at Lorna Verde Recreation Center was brought to the attention of Engineering and General Services staff in January 2008. It was determined that a simple replacement of the main boiler would not be a long term solution to the failure. Bids were received on May 15, 2008, and adoption of the resolution awards the bid to Horizon Mechanical. (Engineering Director) Staff recommendation: Council adopt the resolution. Councilmember Ramirez recognized and thanked Mr. David Beckman, a pool and equipment manufacturer, who provided boilers and hardware to the City at cost that had resulted in a 50% savings for the City. He also commended City staff for their work with obtaining tax credits and energy efficiency loans that had resulted in the installation of the recreation center heating equipment with no fiscal impact to the City's General Fund. ACTION: Councilmember Ramirez moved to adopt Resolution No. 2008-152, heading read, text waived. Mayor Cox seconded the motion and it carried 5-0. 7. A. RESOLUTION NO. 2008-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2008/2009 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18,20,23,24,26,31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.1, AND BAY BOULEVARD MAINTENANCE DISTRICT; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENT; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS ACTION: Deputy Mayor Rindone moved to approve staff recommendation and adopt Resolution No. 2008-153, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Council member McCann abstaining. B. RESOLUTION NO. 2008-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2008/2009 SPREAD OF ASSESSMENTS FOR THE TOWN CENTRE MAINTENANCE DISTRICT: DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENT; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENT The City administers and maintains 36 open space districts and associated zones that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 2008/2009 will enable the City to collect sufficient funds to provide these ongoing services. (Engineering Director) Staff recommendation: Council adopt the resolutions and set the public hearing for July 8, 2008 at 6:00 p.m. ACTION: Deputy Mayor Rindone moved to approve staff recommendation and offered Resolution No. 2008-154, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Page 7 - Council Minutes June 17,2008 c_ ---_._".->.^-~'"-j PUBLIC COMMENTS Steve Eastis, representing the Third A venue Village Association (T A V A) invited the community to attend the upcoming "Pet Fest" event on June 21, 2008. He then spoke about the success of the recent biking event, and he thanked the City for its continued work with T A V A. Willard Howard, Chula Vista resident, was concerned about the City's cancellation of the July 4th fireworks display as a result of budget reductions, stating that the event was a patriotic, national American holiday that should be supported by fireworks. PUBLIC HEARINGS 12. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS The Police department has received notice of an Edward Byrne Memorial Justice Assistance Grant award in the amount of $31,860 from the Bureau of Justice Assistance. Acceptance and appropriation of these funds requires a public hearing per the Justice Assistance Grant. (Police Chief) Police Chief Emerson introduced the item, explaining that the funding would be earmarked for portable radios for the department. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt the following Resolution No. 2008-159, heading read, text waived: RESOLUTION NO. 2008-159, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $31,860 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2008/2009 ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE LOCAL LAW ENFORCEMENT BLOCK GRAND FUND (4/5THS VOTE REQUIRED) Councilmember Ramirez seconded the motion and it carried 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS There were none. Page 8 - Council Minutes June 17, 2008 OTHER BUSINESS (Continued) 14. MAYOR'S REPORTS Mayor Cox commented that it was regrettable that the City would be unable to finance the July 4th fireworks display, and she encouraged anyone with concerns about the lack of a fireworks display in Chula Vista, and who may have means to contribute towards a future fireworks display, to contact the Mayor's Office. She announced that the Phase II Southwest United in Action event would be conducted on June 21, 2008, from 11:00 a.m. to 2:00 p.m., at Lorna Verde Recreation Center. She also recognized the recent success of the Boys and Girls Club fundraiser event. 15. COUNCIL COMMENTS (Continued) Councilmember Ramirez commented on the "Snores and Smores" event he attended together with his daughter, thanked the Recreation staff on the success of the event, and encouraged the community to attend such future events. He also recognized and thanked the San Diego Astronomy Association for their participation at event. Councilmember Castaneda spoke about the Council's support last year of Senate Bill 45 I that would have permitted the City to generate electricity through renewable means, particularly wind and solar, on public property. The Bill was however unsuccessful. He stated that Assembly Bill 2466, similar to SB-451, was being brought forward this year, and he requested that the City's Legislative stafflook at the Bill and bring an update back to the Council for its consideration to take a formal position. Deputy Mayor Rindone congratulated the U.S. Olympic Training Center for hosting the men's BMX Olympic trials. He recognized competitor and Olympic qualifier Mike Day, who had trained for 365 consecutive days to compete in the trials, stating that it showed Mike's remarkable dedication, and that he would be rooting for him at the Beijing Olympics. He commented on the success of the recent Boys and Girls Club Fundraiser, and thanked Brett Davis, event coordinator, and Tony Raso, owner of La Bella's Restaurant for dinner donations at the event. He spoke about his recent attendance at the Bio 2008 Conference at the San Diego Convention Center and encouraged the Council to attend the event. The Council convened in Closed Session at 7:31 p.m. CLOSED SESSION 16. A. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Christian Morales v. Citv of Chula Vista. et al. United States District Court, Case No. 07CV0186JM (WMc) No reportable action was taken on this item. Page 9 - Council Minutes June 17,2008 CLOSED SESSION (Continued) B. 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. ADJOURNMENT At 8:25 p.m., Mayor Cox adjourned the meeting in memory of Austin Sawicki who tragically lost his life in a construction accident on the bayfront. The next Regular Meeting was scheduled for July 8, 2008 at 6:00 p.m. in the Council Chambers. The meetings of June 24, July 1 and 3, 2008 were cancelled in accordance with the Chula Vista Municipal Code. ~ Lorraine Bennett, CMC, Deputy City Clerk ~ Page 10 - Councjl Minutes June 17,2008