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HomeMy WebLinkAboutcc min 2011/06/21MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 2l , 2011 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called w order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. (Note: Items appear in the order as presented on the meeting agenda.) ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez and Mayor Cox ABSENT: None. ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Noms, and Sr. Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Ramirez led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • 100 CENTENNIAL SECONDS - www.chulavistal00.com Mayor Cox presented a historic perspective of Third Avenue. She announced the first annual Third Avenue Village Association "Village Hunt" on July 9, 2011, and invited the community to participate in the event. • OATHS OF OFFICE Jeannine Nash, Commission on Aging Denise Yamagata, International Friendship Commission City Clerk Norris administered the Oath of Office to Ms. Nash and Ms. Yamagata, and Deputy Mayor Ramirez presented them with certificates of appointment. CONSENT CALENDAR (Items 1-7) 1. APPROVAL OF MINUTES of March 7, 8, 9, 10, 11, and 15, 2011. Staff recommendation: Council/Agency approve the minutes. Page 1 -Council/RDA Minutes June 21, 2011 CONSENT CALENDAR (Continued) 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Ramirez requesting an excused absence from the June 14, 2011 City Council meeting. Recommendation: Council excuse the absence. 3. RESOLUTION NO. 2011-114, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $17,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO AN ELIGIBLE PROJECT; AND (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT FOR THE MANAGEMENT AND IMPLEMENTATION OF AN ELIGIBLE CDBG-R PROJECT WITH FAMILY HEALTH CENTERS OF SAN DIEGO; AND (3) AUTHORIZING A REALLOCATION OF $17,000 OF CDBG-R FUNDING APPROPRIATED TO THE "FAMILY HEALTH CENTER OF SAN DIEGO CAPITAL IMPROVEMENT PROJECT" (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2011-115, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF REASSESSMENT DISTRICT NO. 2001-2 OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL REASSESSMENTS PURSUANT TO THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS (Director ofFinance/Treasurer) B. RESOLUTION NO. 2011-116, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE- WOODS, VISTAS AND LAND SWAP) OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 (Director of Finance/Treasurer) C. RESOLUTION NO. 2011-117, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 13-I (OTAY RANCH VILLAGE SEVEN) OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 (Director ofFinance/Treasurer) Page 2 - Council/RDA Minutes June 21, 2011 CONSENT CALENDAR (Continued) D. RESOLUTION NO. 2011-118, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) OF THE CITY OF CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 (Director of Finance/Treasurer) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2011-119, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN OFFER FROM THE SAN DIEGO COUNTY WATER AUTHORITY TO PURCHASE EASEMENTS ACROSS CITY OWNED LAND FOR WATER PIPELINE MAINTENANCE PURPOSES (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2011-120, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR CAPITAL IMPROVEMENT PROJECT STL357A "PAVEMENT REHABILITATION PROGRAM PHASE II" TO ATP GENERAL ENGINEERING CONTRACTORS, INCORPORATED IN THE AMOUNT OF $1,934,210.30 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT AND AUTHORIZING INTER-PROJECT TRANSFERS FROM EXISTING CIP PROJECT STM366 "PAVEMENT REHAB" IN THE AMOUNT OF $553,942, FROM EXISTING CIP PROJECT STL346 "PAVEMENT MINOR REHABILITATION" IN THE AMOUNT OF $282,000 AND FROM EXISTING CIP PROJECT STL373 "PAVEMENT REHAB PROP 42 FY 2011/2012" IN THE AMOUNT OF $216,441 TO CIP PROJECT STL357A "PAVEMENT REHABILITATION PROGRAM PHASE II" AS NECESSARY TO COMPLETE THE PROJECT (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2011-121, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT TO RMV, INC. IN THE AMOUNT OF $87,777 FOR THE "OTAY WATER DISTRICT FACILITY RELOCATION, OTAY LAKES ROAD/GOTHAM STREET/SOUTHWESTERN COLLEGE DRIVEWAY" (STM355) IN THE CITY OF CHULA VISTA, CALIFORNIA AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE CONTINGENCY FUNDS (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council/RDA Minutes June 21, 20] 1 CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendaz Items 1-7, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Item 13 was taken out of order and addressed prior to Public Comments. PUBLIC COMMENTS Stewart Payne, Chula Vista resident, announced that aone-dollaz pledge had been made for every registration received for the spring season from his youth sports organization towazds keeping the Norman Park Senior Center open. He then presented a check to the Council. He stated that although he was not affiliated with the Youth Sports Council, he asked to be included in discussions regarding the sports field fees. Mayor Cox referred Mr. Payne's request to the City Manager's Office. Rob Corcilius, Chula Vista resident, suggested Council consideration to get businesses involved with methods to combat graffiti eradication. Willazd Howazd, Chula Vista resident, spoke in opposition to the Council moving the Public Comments section of the agenda to later in the meeting. PUBLIC HEARINGS 8. CONSIDERATION OF INTENTION TO FORM ASSESSMENT DISTRICT 2010-01 (NAPLES STREET) 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. Mayor Cox opened the public hearing. There were no members of the public who wished to speak. Mayor Cox requested that the City Clerk open and tabulate the mailed ballots, and announced a meeting recess at 5:12 p.m. The meeting reconvened at 5:22 p.m. with all members present. City Clerk Norris reported that a total of 13 ballots were received, with 10 in favor, 2 opposed, and 1 insufficient ballot, and therefore the item was passed. Mayor Cox closed the public hearing. ACTION: Mayor Cox moved to adopt the following Resolution No. 2011-122, heading read, text waived: Page 4 -Council/RDA Minutes June 21, 2011 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2011-122, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT N0. 2010-01 (NAPLES STREET), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO (Director of Public Works) Councilmember Castaneda seconded the motion, and it carried 5-0. Item 10 was taken out of order, and addressed prior to Item 9. 6:00 p.m. 9. CONSIDERATION OF ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2011/2012 (Continued from 6/7/11 meeting.) City Manager Sandoval presented an overview of the proposed budget. Finance Director Kachadoorian addressed prior budget issues and answered questions that came up during the June 14, 2011 Council Meeting. Don Abel, representing A Woman's Wellness Center, suggested forming partnerships with non- profit organizations to extend operating hours at the Norman Park Senior Center at no cost to the City. Discussion ensued about extending hours of operation at the Norman Park Senior Center. Mayor Cox suggested that the Council direct the City Manager to work with the Recreation Director to look at the impacts of opening City facilities to private organizations, with a report to the Council in 60 days. ACTION: Deputy Mayor Ramirez moved to set hours of operation at the Norman Park Senior Center from 8:00 a.m. to 8:00 p.m. Monday through Thursday; 8:00 a.m. to 12 noon Fridays; and 8:00 a.m. to 3:00 p.m. every other Saturday, or the equivalent number of hours. Councilmember Castaneda seconded the motion. ACTION: Mayor Cox offered a substitute motion to direct staff to explore opportunities to open recreation facilities to interested and appropriate entities, unsupervised by City staff, extend operating hours of the Norman Pazk Center, and report back to the Council in 60 days with a policy. Councilmember Bensoussan seconded the motion, and it carved 4-1, with Councilmember Castaneda opposed. ACTION: After clarification, Councilmember Castaneda spoke in favor of the substitute motion. The action was reconsidered, and carried 5-0. ACTION: Deputy Mayor Ramirez moved to set hours of operation at the Norman Pazk Senior Center from 8:00 a.m. to 8:00 p.m. Monday through Thursday; 8:00 a.m. to 12 noon Fridays; and 8:00 a.m. to 3:00 p.m. every other Saturday, or, equivalent number of hours. Councilmember Castaneda seconded the motion. Page 5 - CounciURDA Minutes June 2l, 2011 PUBLIC HEARINGS (Continued) ACTION: Councilmember Bensoussan offered a friendly amendment to reflect the option to set the equivalent number of operating hours of 52 to 60 hours. Deputy Mayor Ramirez accepted the amendment. The motion tamed 4-1, with Mayor Cox opposed. LIBRARY Councilmember Bensoussan suggested looking at ways to seek funding to assist the library with increasing its hours of operation, perhaps establishing partnerships with performance groups for use of the library auditorium, and working with Southwestern College. GRAFFITI Mayor Cox asked about the status of the Graffiti Tracker Program. Staff responded that ongoing data collection would result in further prosecution of graffiti perpetrators. STAFFING Deputy Mayor Ramirez suggested that the Director of Economic Development position be changed to Assistant City Manager of Economic Development, and that the position be moved to the Administration Department. Discussion ensued regarding the City's classification plan and salary plan. City Manager Sandoval stated that he would not recommend a title change, but indicated that the position could be moved to the Administration Department and the scope of responsibilities could be broadened. Deputy Mayor Ramirez suggested adding one Marketing and Communications Manager position to the City Manager's Office. He indicated that the duties would include communications for the Police Department. Deputy Mayor Ramirez stated that these proposed staffing changes would eliminate the Economic Development Officer position and transfer the Public Information Officer position from the Police Department to Administration. Captain Wedge stated that the current Public Information Officer position was grant funded, and he described the unique value of the position to a Police Department organization. ACTION: Deputy Mayor Ramirez moved to create one Public Information Officer position that would work fifty percent for the Police Department and fifty percent for the City as a whole, and would be located in the City Manager's office. Councilmember Castaneda seconded the motion. ACTION: Deputy Mayor Ramirez amended the motion to include a referral to staff to analyze the grant issue and to determine whether or not a meet and confer with the employee would be required. Councilmember Castaneda seconded the motion. The motion carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. Page 6 - CounciVRDA Minutes June 21, 2011 PUBLIC HEARINGS (Continued) Deputy Mayor Ramirez commented on the proposed Building Official/Code Enforcement Manager position, and suggested development of a cost recovery program that would pay for the position. Human Resources Director Bacon commented that the employee currently holding the position was working out of class. City Manager Sandoval added that four positions had been eliminated to create the proposed position. Assistant Director of Redevelopment and Housing Crockett stated that the position was revenue offset. ACTION: Mayor Cox moved to support the City Manager's recommendation to remove the Deputy Building Official position and add a Building Official/Code Enforcement Manager. Councilmember Bensoussan seconded the motion and it failed 2-3, with Deputy Mayor Ramirez and Councilmembers Aguilar and Castaneda opposed. ACTION: Deputy Mayor Ramirez moved to postpone reclassification of the Deputy Building Official to Building Official/Code Enforcement Manager position until a funding source is identified through development of a code enforcement program. Councilmember Castaneda seconded the motion. The motion tamed 3-2, with Mayor Cox and Councilmember Bensoussan opposed. Deputy Mayor Ramirez suggested expanding and enhancing the role and title of the Senior Volunteer Patrol to include involvement in Pazk Ranger activities instead of funding new positions in the Park Ranger Program. Mayor Cox suggested supporting staff's recommendation to allocate $150,000 from the park fees for park ranger-type services, and looking at expanding the Volunteers in Policing Program. Councilmember Bensoussan suggested maintaining the intent of the Council actions on June 7, 2011 to allocate $150,000 for the Park Ranger Program, and to look at opportunities to enhance the volunteer program. ACTION: Councilmember Aguilar moved to allocate from the $150,000 Park Ranger Program, $50,000 to cover four months of the Park Ranger Program, $50,000 to the Police Department to set up a Volunteers in Policing program plan, reserve $50,000 in the City's budget, and to come back in four months for an evaluation. Councilmember Castaneda seconded the motion. ACTION: Councilmember Aguilar amended her motion to allocate $50,000 from the $150,000 Park Ranger Program to the Public Works Department for the Park Ranger Program to cover the summer months, allocate $25,000 to the Police Department budget for set up of a Volunteers in Policing program, and allocate the remaining $75,000 in reserves until after assessment of the program in four months. Councilmember Castaneda seconded the motion and it carved 3-2, with Mayor Cox and Councilmember Bensoussan opposed. ACTION: Councilmember Aguilaz moved to approve the resolution adopting the operating and capital improvement budgets with the following modifications: Page 7 - Council/RDA Minutes June 21, 2011 PUBLIC HEARINGS (Continued) Expenditure Increases: A. Budget funds to appropriate line item(s) within the Library Department budget to permit the Civic Center and South Chula Vista libraries to be open an additional 15 hours per week, estimated at $657,000. B. Budget $600,000 to the City Clerk's Elections budget (line item 03200/6501) to enable potential placement of two initiatives on the ballot in the next statewide election. C. Budget $48,000 to the Recreation Department budget for Norman Park Center (budget item 17510) to permit the center to be open an additional 15 hours per week. D. Budget $57,000 for a full time instead of half time Webmaster. E. Budget $57,000 for use of van for graffiti removal (budget item 16725). Revenue Savines: A. Conservative estimate of 2010/2011 yeaz-end savings of $600,000, increasing the economic contingency reserves for 2011/2012 from $2.4 million to $3 million. B. Fiscal impact of unallocated increased Recreation and Pazking fees approved by the Council June 7, 2011, in the amount of $271,000 less $150,000 allocated by the previous Council action for the Pazk Ranger Program and Volunteers in Policing program. C. Reduce the City Attorney's budget by $200,000 for outside counsel. D. Supplies and services: Reduce expenditures by $350,000 in the "Supplies & Servrces" category of the General Fund by approximately 2.7% (specific line item reductions to be determined by City Manager). Deputy Mayor Ramirez suggested allocating $30,000 from the revenue savings in item C to the Boazd of Ethics for outside counsel. It was the consensus of the Council to take sepazate action on the proposed modifications to the operating and capital improvement budgets as recommended by Councilmember Aguilaz, commencing with the proposed savings. Revenue Savines: ACTION: Councilmember Aguilar moved to approve Item A in proposed Revenue Savings (above) in an amount of $600,000. Councilmember Castaneda seconded the motion and it carved 4-1, with Mayor Cox opposed. ACTION: Councilmember Aguilar moved to approve Item B in proposed Revenue Savings (above) as amended in the amount of $121,000. Councilmember Aguilar withdrew the motion. Page 8 - Council/RDA Minutes June 21, 2011 PUBLIC HEARINGS (Continued) ACTION: Councilmember Castaneda moved to add an item to proposed Revenue Savings (above) to exclude pay increases for staffing changes/reclassifications, with the exception of $16,600 for Fire/Training, which was a negotiated settlement. The motion died for lack of a second. ACTION: Councilmember Aguilar offered an amendment to the motion to approve pay increases for Assistant Planner to Associate Planner, and Senior Civil Engineer to Principal Civil Engineer, in accordance with Civil Service regulations. ACTION: Councilmember Castaneda restated the amended motion to add to the proposed Revenue Savings (above) the removal of staff's recommendations for pay increases, excluding the positions of Fire Captain, Associate Planner, and Principal Civil Engineer. Deputy Mayor Ramirez seconded the motion. The motion carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. ACTION: Councilmember Aguilar moved to approve Item B in proposed Revenue Savings (above), as amended by previous Council action from $271,000 to $121,000. Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. ACTION: Councilmember Aguilar moved to approve Item C in proposed Revenue Savings (above), as amended to $170,000, allocating $30,000 for outside legal counsel to the Board of Ethics. Deputy Mayor Ramirez seconded the motion and it carried 4-1 with Mayor Cox opposed. ACTION: Councilmember Aguilar moved to approved Item D in proposed Revenue Savings (above), as amended to increase the amount from $350,000 to $363,000. Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. Increased Exnenditures ACTION: Councilmember Aguilar moved to approve Item A in proposed Expenditure Increases (above) in the amount of $657,000. Deputy Mayor Ramirez seconded the motion and it carried 4-l, with Mayor Cox opposed. ACTION: Councilmember Aguilar moved to approve Item B in proposed Expenditure Increases (above), amended from $600,000 to $440,000. The motion died for lack of a second. ACTION: Councilmember Aguilar moved to approve Item B in proposed Expenditure Increases (above) for the original recommended amount of $600,000. Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. Page 9 -Council/RDA Minutes June 21, 20] 1 PUBLIC HEARINGS (Continued) ACTION: Councilmember Aguilaz moved to approve Item C in proposed Expenditure Increases (above) in the amount of $48,000, with specific hours of operation of the Norman Park Center to be determined subsequently. Councilmember Castaneda seconded the motion and it carried 4-1, with Mayor Cox opposed. ACTION: Councilmember Aguilaz moved to approve funding allocations for Items D (Webmaster) and E (Graffiti removal) in proposed Expenditure Increases (above) in the amount of $57,000 each. Mayor Cox seconded the motion and it carried 5-0. ACTION: Councilmember Aguilaz moved to add an item under proposed Expenditure Increases to allocate $30,000 to the Board of Ethics for outside counsel. Deputy Mayor Ramirez seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. Mayor Cox recessed the meeting at 11:12 p.m. The meeting reconvened at 11:25 p.m., with all members present. Mayor Cox announced that Items 11 through 15 would be taken out of order and addressed prior to continued discussions on Item 9. Finance Director Kachadoorian summarized the modifications to the City Manager's proposed fiscal yeaz 2011/2012 budget, and presented a balanced budget for fiscal year 2011/2012 with $124.6 million in the general fund budget and $289.6 million in the all-funds budget. ACTION: Councilmember Aguilar moved to adopt the following Council Resolution No. 2011-123 and Redevelopment Agency Resolution No. 2011-2046 as amended, heading read, text waived: 9. A. COUNCIL RESOLUTION NO. 2011-123 AND REDEVELOPMENT AGENCY RESOLUTION NO. 2011-2046, RESOLUTIONS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA EXCLUDING CAPITAL IMPROVEMENT PROJECT TF375 (TRAFFIC SIGNAL MODIFICATION AT F STREET AND FOURTH AVENUE), OPEN SPACE DISTRICT 8, AND THE OPERATING BUDGETS FOR THE SOUTHWEST/TOWN CENTER II/ OTAY VALLEY/ ADDED PROJECT AREA AND TOWNE CENTER I AND THE BAYFRONT PROJECT AREAS FOR FISCAL YEAR 2011/2012 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2012 (Director of Finance/Treasurer) Deputy Mayor Ramirez seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011- 124 as amended, heading read, text waived: Page 10 -Council/RDA Minutes June 21, 2011 PUBLIC HEARINGS (Continued) 9. B. RESOLUTION NO. 2011-124, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF THE FOLLOWING POSITION TITLES: DIRECTOR OF ECONOMIC DEVELOPMENT, MARKETING AND COMMUNICATIONS MANAGER, SPECIAL EVENTS COORDINATOR, BUILDING OFFICIAL/CODE ENFORCEMENT MANAGER, AND DIRECTOR OF HUMAN RESOURCES/INFORMATION TECHNOLOGY DEPARTMENTS, AND THE ELIMINATION OF THE FOLLOWING POSITION TITLES: DIRECTOR OF CONSERVATION AND ENVIRONMENTAL SERVICES, ECONOMIC DEVELOPMENT OFFICER, COMMUNICATIONS COORDINATOR, DIRECTOR OF HUMAN RESOURCES, DIRECTOR OF INFORMATION TECHNOLOGY SERVICES, AND DEPUTY BUILDING OFFICIAL (Director of Finance/Treasurer) Deputy Mayor Ramirez seconded the motion and it carried 3-2, with Mayor Cox and Councilmember Bensoussan opposed. ACTION: Deputy Mayor Ramirez moved to place the following Ordinance on first reading, heading read, text waived: C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD MARKETING AND COMMUNICATIONS MANAGER, SPECIAL EVENTS COORDINATOR, BUILDING OFFICIAL/CODE ENFORCEMENT MANAGER, AND DIRECTOR OF ECONOMIC DEVELOPMENT, AND TO DELETE ECONOMIC DEVELOPMENT OFFICER, COMMUNICATIONS COORDINATOR, AND DEPUTY BUILDING OFFICIAL (4/STHS VOTE REQUIRED) (FIRST READING) (Director of Finance/Treasurer) Councilmember Castaneda seconded the motion and it carried 5-0 ACTION ITEMS ]tem 10 was addressed afrer Item 8 and prior to Item 9. 10. CONSIDERATION OF APPROVING A REVISED AND RESTATED AGREEMENT AND ADDITIONAL SIDE LETTER AGREEMENT WITH LAIDLAW MEDICAL TRANSPORTATION INC., DBA AMERICAN MEDICAL RESPONSE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT SERVICE AND AN ADDITIONAL SIDE LETTER AGREEMENT TO RECOVER EXISTING PROGRAM EXPENSES WITH LAIDLAW MEDICAL TRANSPORTATION INC., DBA AMERICAN MEDICAL RESPONSE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT (Fire Chief) Page 11 -Council/RDA Minutes June 21, 2011 ACTION ITEMS (Continued) Deputy Mayor Ramirez suggested that the item be tabled for 90 days, and to have staff return to the Council with further information regarding the apparatus replacement fund. Chief Hanneman stated that the American Medical Response (AMR) contract had expired, and staff was under a 30-day extension until the end of June, 201 I . He then explained the proposed agreement between the City and AMR and related appazatus funding. He stated that some of the existing fire appazatus was beyond its service life and suggested lease options to address the Department's immediate apparatus needs. Councilmember Castaneda suggested Council consideration to solicit a Request for Proposal for City paramedic services. ACTION: Deputy Mayor Ramirez moved to table the item with direction to staff to return with a complete package on current reimbursements, creation of an apparatus replacement fund, and a process for a Request for Proposal (RFP) for the service provider. Councilmember Castaneda seconded the motion, with the understanding that the motion included negotiation of extension of the contract. City Attorney Googins suggested that the representative from AMR provide comments on an agreement extension. Further discussion ensued. Michael Murphy, General Manager, American Medical Response, stated that he could not comment on the proposed extension without proper Counsel. Mayor Cox clazified the motion by Deputy Mayor Ramirez was to continue the item for a period of up to 90 days, with a request that AMR extend its contract with the City, and with an RFP process occurring during the contract extension period. Councilmember Castaneda further clazified that the motion included direction to have staff come back during the extension period with a report on the RFP process. Discussion ensued. ACTION: Councilmember Bensoussan offered a substitute motion to bifurcate the item to re- negotiate the contract for atwo-year period instead of a three-yeaz period and address appazatus fund issues at a later time. ACTION: Mayor Cox offered an amended motion to negotiate the contract for between two and three years. Councilmember Bensoussan seconded the amended motion. Councilmember Castaneda requested Council consideration of specific direction to staff to come back with a report for subsequent action by the Council to move forward with an RFP. He further requested consideration by Deputy Mayor Ramirez to amend his motion to include quarterly reports by staff on the RFP process. Mayor Cox requested, with concurrence by Councilmember Castaneda, that his request for quarterly reports be part of the Public Safety Subcommittee's request. City Attorney Googins requested a recess in order to speak with representatives from AMR. Page 12 - CounciURDA Minutes June 21, 2011 ACTION ITEMS (Continued) Mayor Cox recessed the meeting at 6:15 p.m. The meeting reconvened at 6:40 p.m. with all members present. City Attorney Googins reported that he had spoken with Mr. Murphy, representing AMR, and advised the Council on an amended motion based on that conversation. ACTION: Councilmember Bensoussan moved to amend the motion to extend the EOA portion of the agreement for two years, with a six month mutual extension of the parties mutual agreement, with month to month extensions in the interim to avoid interruption of service, and to allow finalization of any terms and issues as a result of Mr. Murphy's consultation with legal counsel and the City's review of that, so long as those discussions include negotiations towazds the incorporation of a side letter agreement with that agreement, to address the amounts AMR is currently owed as reimbursement for an ALS study that was conducted, with the goal to return with a negotiated agreement by July 12, 2011 for Council approval. Mayor Cox seconded the motion and it carried 5-0. Deputy Mayor Ramirez referred to staff, with Council consensus, to come back with a report with numbers for the Basic Life Support equipment replacement fund and dispatch elements of the side letter, and a report back to the Council on the process for an RFP. BOARD AND COMMISSION REPORTS 11. REPORT FROM THE CHARTER REVIEW COMMISSION REGARDING GENERAL DISTRICT ELECTIONS (AND ALTERNATIVES) FOR CITY COUNCIL SEATS AND REQUEST FOR CITY COUNCIL DIRECTION (Charter Review Commission) City Attorney Googins introduced the item and presented an overview of discussions by the Charter Review Commission regarding the issue of district elections in response to a recent City Council referral. The Charter Review Commission voted unanimously to recommend to the Council that the Charter Review Commission continue its discussions on district elections, hold public meetings in different locations, research election options, allow further understanding of the legal framework and issues associated with establishing districts, and requested direction by the Council to be received by the Commission at a tentatively scheduled meeting of June 27, 2011. Willard Howard, Chula Vista resident, representing Chula Vista Southwestern Civic Association spoke in support of district elections. ACTION: Mayor Cox moved to accept the report and provide the Charter Review Commission and staff with direction for further action to prepaze a white paper to be submitted to the Council the first week in Febrnazy 2012, with data of what other cities do, pros and cons from the Commission's point of view, and public outreach. Councilmember Bensoussan seconded the motion and it carried 3-2, with Deputy Mayor Ramirez and Councilmember Castaneda opposed. Page 13 -Council/RDA Minutes June 21, 2011 BOARD AND COMMISSION REPORTS (Continued) 12. REPORT FROM THE BOARD OF ETHICS REGARDING A PROPOSED POLICY TO IMPLEMENT BOARD OF ETHICS PARTICIPATION IN SELECTION OF THE CAMPAIGN CONTRIBUTION ENFORCEMENT AUTHORITY ATTORNEY AND REQUEST FOR CITY COUNCIL DIRECTION (Board of Ethics) City Attorney Googins presented key points of the proposed policy and the proposed selection procedure for selection of a Campaign Contribution Enforcement Authority Attorney. Jerry Thomas, Chula Vista resident, spoke of the need for an Ethics Board that instills confidence, integrity and transparency, and takes responsibility for its roles. Deputy Mayor Ramirez suggested revisions to Item 2 of the proposed Campaign Contribution Enforcement Authority Selection Process to remove the City Attomey's role in reviewing the qualifications of attorneys who apply to be on the enforcement authority panel. City Attorney Googins described the next steps - to have staff return to the Council with an ordinance amendment to reflect the policy and amendments, a proposal of alternatives for allegations that may be made against the City Attorney; a report about current staffing for the Board of Ethics, and issues related to outside counsel. ACTION: Councilmember Aguilaz moved to accept the report as amended to remove the City Attorney's role in Item 2 (Interview and Selection of Enforcement Authority Panel) of the Campaign Contribution Enforcement Authority Selection Process. Deputy Mayor Ramirez seconded the motion and it carried 5-0. OTHER BUSINESS 13. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS Item 13 was taken out of order and addressed prior to Public Comments. Recommendation to defer implementation of youth sports field rental fee increase until November 1, 2011. City Manager Sandoval stated that since the recent budget discussions about the proposed rental fee increases, staff had met with several community sports groups on the matter. He recommended having staff work with the various sports groups to seek ways to cut costs and equal distribution of the costs, and to make the fees effective as of November 1, 2011. The following members of the public spoke in opposition to any fee increases: Salvador Hernandez, Chula Vista resident, representing Mr. Ernil Lucero, District Commissioner, District 42 Little League Enrique Martinez, Chula Vista resident, representing Chula Vista Rangers Karen Plascencia, Chula Vista resident Stefanie Corona, Chula Vista resident, representing Chula Vista Rangers Arturo Torres, Chula Vista resident, representing Youth Sports Council Clifford Rachlin, Chula Vista resident, representing Youth Sports Salvador Hernandez, representing District 42 Page 14 -Council/RDA Minutes June 21, 201 ] OTHER BUSINESS (Continued) Councilmember Aguilaz spoke in support of the recommendations by City Manager Sandoval. Councilmember Castaneda stated he would not support fee increases and suggested including the community in discussions as part of the process. Mayor Cox clarified that the proposed fee increase was an effort to keep all the sports fields in play. Deputy Mayor Ramirez suggested community input and consensus prior to any fee increases. Councilmember Bensoussan suggested looking at opportunities for grant funding and stakeholder involvement, and was supportive of a sliding fee schedule, should the fees be approved. ACTION: Deputy Mayor Ramirez moved to reverse the fees previously enacted by the Council on June 7, 2011, and direct the City Manager to come back with a plan more broadly supported by the Council Councilmember Castaneda seconded the motion. City Attorney Googins explained that the item on the agenda may not be in sufficient form to allow the Council to formally reverse the previous action, and therefore, suggested that the City Manager bring back a reversal of the action on July l2, 2011 to be acted upon by the Council. Deputy Mayor Ramirez withdrew his motion and offered the following substitute motion: ACTION: Deputy Mayor Ramirez moved to direct the City Manager to place on the July 12, 2011 agenda the matter of reversing the sports field rental fee increase previously approved by the Council on June 7, 2011, and in the interim, to not implement the fee increase. Councilmember Castaneda seconded the motion and it carried 4-1, with Mayor Cox opposed. 14. MAYOR/CHAIR'S REPORTS Mayor Cox invited the community to participate in the Third Avenue Village Association "Village Hunt" event on July 9`h. She wished all a safe Fourth of July. OTHER BUSINESS (Continued) 15. COUNCIL/AGENCY MEMBERS' COMMENTS Councilmember Aguilar requested a meeting with staff to discuss the following issues for the 2012/2013 budget cycle: Priorities -Update fiscal policies, create a scholarship fund for low income families to participate in recreation activities, and consideration of implementation of a debt reduction plan. Page I S -Council/RDA Minutes June 21, 2011 ADJOURNMENT At 1:10 a.m. on June 22, 2011, Mayor Cox adjourned the meeting in memory of Chula Vista citizens Dale Perring, and David Wilson to the next regular meeting on July 12, 2011, at 4:00 p.m.; RDA was adjourned to the next regulaz meeting on July 19, 2011, at 4:00 p.m. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 16 -Council/RDA Minutes June 21, 2011