HomeMy WebLinkAboutcc min 2003/12/16
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December 16, 2003 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, and Mayor Padilla
ABSENT: Councilmembers: Salas (excused)
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO NORA
MCMARTIN, PRINCIPAL LIBRARIAN, COMMENDING HER FOR 32 YEARS OF
DEDICATED SERVICE TO THE CITY UPON HER RETIREMENT
Assistant City Manager Palmer introduced Nora McMartin. Mayor Padilla read the
proclamation, and Councilmember Davis presented it to Ms. McMartin.
. PRESENTATION BY HUMAN RELATIONS COMMISSION CHAIRPERSON,
ANTHONY JEMISON, AND COMMISSIONERS ANNE CORDON AND JOSEPH
SIMS, OF THE SECOND AND THIRD QUARTER CIVIC A WARDS AND ESSAY
CONTEST WINNERS
Human Relations Commission Chair Jemison introduced Commissioner Palomo, who announced
the following essay contest winners:
High School Category
Tammie Hughes - graduate of Hilltop High School (not present at the
meeting)
Junior Hi~ Category
l' Place, Laura Robles ~ graduate of Hilltop Middle School
2nd Place, Hoai Nam Pham, graduate of Hilltop Middle School
3rd Place, Ashley Michael (not present at the meeting)
Commissioner Cordon presented a civic award to Catherine Lembo, representing South Bay
Community Services, for the organization's ongoing service to the community. Chairperson
Jemison presented a civic award to Nicolas Aguilar in recognition of his dedicated service to the
City and its residents.
CONSENT CALENDAR
(Items I through 13)
With regard to Item 3, Councilmember Rindone expressed concern about the engineer's estimate
being approximately 55 percent less than the lowest bid and asked staff if the project should be
re-bid. Deputy Director of Engineering Rivera replied that the main difference between this and
prior projects was that this project was bid per square foot of concrete, and due to the grades in
some locations, more concrete is required than was anticipated. Therefore, more work is
expected than what was originally anticipated in the estimate. Councilmember Rindone
suggested that additional clarification be provided in staff reports to Council on future projects of
a similar nature.
At the request of staff, Item No.4 was continued to the meeting of January 6, 2004.
Regarding Item 5, Councilmember Rindone stated that the City, at no cost to the taxpayers,
would fund the project, which is estimated to be completed in spring 2004. He believed that the
project would have a positive impact on traffic flow, and he congratulated staff on their efforts
towards traffic mitigation.
With reference to Item 5, Councilmember Davis stated that the decision by the City to build a
ramp sooner rather than later is a step in the right direction, and she believed it would make a
significant difference for commuters. She also applauded staff for their efforts on the project.
Mayor Padilla asked that Item 11 be removed !Tom the Consent Calendar for separate discussion.
I. WRITTEN COMMUNICATIONS
Letter of resignation !Tom Kecia Washington, member of the Housing Advisory
Commission.
Staff recommendation: Council accept the resignation with regret and direct the City
Clerk to post the vacancy in accordance with Maddy Act regulations.
2. RESOLUTION NO. 2003-493, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE CHULA VISTA NATURE CENTER'S
PARTICIPATION IN THE METROPOLITAN WATER DISTRICT'S COMMUNITY
PARTNERING PROGRAM GRANT PROCESS, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS
The Nature Center has been invited to participate in a competitive grant process
sponsored by the Metropolitan Water District to further watershed and water use
education efforts in Southern California. Consistent with the Nature Center's established
mission to educate the public about the importance of coastal resource conservation, staff
intends to submit a proposal for funding beginning in Fiscal Year 2005. (Nature Center
Director)
Staff recommendation: Council adopt the resolution.
Page 2 . Council Minutes 12/16/03
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CONSENT CALENDAR (Continued)
3. RESOW-ON NO. 2003-494, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $70,000 FROM THE AVAILABLE
BALANCE OF THE TRANSNET FUND, ACCEPTING BIDS AND AWARDING A
CONTRACT FOR THE AMERICANS WITH DISABILITIES ACT (ADA) CURB
CUTS PROGRAM FOR FISCAL YEAR 2003/2004 ON VARIOUS LOCATIONS IN
THE CITY OF CHULA VISTA, CALIFORNIA (PROJECT STL-292)
Sealed bids were received for this project. The work to be done involves the construction
of pedestrian ramps and bus stop area bench pads on various streets throughout the City.
The work includes all labor, material, equipment, transportation, protection of existing
improvements, and traffic control necessary for the project. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING RIGHT-OF-WAY CONTRACTS WITH EIGHT PROPERTY OWNERS
PROVIDING MONETARY COMPENSATION AND OTHER CONSIDERATIONS IN
EXCHANGE FOR THEIR GRANTING OF EASEMENTS TO THE CITY
NECESSARY FOR THE CONSTRUCTION OF THE I-805/0LYMPIC PARKWAY
IMPROVEMENT PROJECT (CY-l02), AND AUTHORIZING THE CITY CLERK TO
ACCEPT SAID EASEMENTS ON THE CITY'S BEHALF
Adoption of the resolution approves right-of-way contracts with eight property owners,
providing monetary compensation and other considerations in exchange for their granting
of easements to the City necessary for the construction of the I-805/0Iympic Parkway
improvement project (CY-1O2), and authorizing the City Clerk to accept the easements
on the City's behalf. (Director of Engineering)
Staff recommendation: Continue the item to January 6, 2004.
5. RESOLUTION NO. 2003-495, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT WITH
THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
REGARDING CONSTRUCTION CONTRACT ADMINISTRATION ON
WESTBOUND EAST H STREET TO NORTHBOUND INTERSTATE 805 RAMP
WIDENING PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT, AND APPROPRIATING $3,300,000 AS A LOAN FROM THE
AVAILABLE BALANCE OF THE INTERIM STATE ROUTE 125 DEVELOPMENT
IMPACT FEE FUND TO THE TRANSPORTATION DEVELOPMENT IMPACT FEE
FUND
Page 3 - Council Minutes 12/16/03
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CONSENT CALENDAR (Continued)
In September 2003, the City completed the widening of the north side of East H Street
!Tom just east of Hidden Vista Drive to the existing Interstate 805 (I-805) northbound on.
ramp. The State of California Department of Transportation (CaITrans) recently
informed the City that funding for their portion of the on-ramp widening and metering
project has been delayed until at least 2009. Staff has been in discussions with CalTrans
to find a solution that will enable this vital improvement to be constructed in the spring of
2004. Adoption of the resolution approves the cooperative agreement with CalTrans
regarding the design and construction of the westbound East H Street to northbound I.
805 on-ramp widening and appropriates $3,300,000 as a loan !Tom the available balance
of the interim State Route 125 development impact fee fund to the transportation
development impact fee fund. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
6. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MUNICIPAL CODE, CHAPTER 17.10, "PARKLANDS AND
PUBLIC FACILITIES", RELATING TO THE COLLECTION OF IN-LIEU PARK
ACQUISITION AND DEVELOPMENT FEES FROM RESIDENTIAL
DEVELOPMENTS THAT ARE NOT REQUIRED TO SUBMIT A SUBDIVISION
MAP OR PARCEL MAP (FIRST READING)
The proposed ordinance amendment enables the City to collect park acquisition and
development fees !Tom all residential developments, regardless of the land development
approval process that is required to be followed. (Director of General Services)
Staff recommendation: Council place the ordinance on first reading.
7. RESOLUTION NO. 2003-496, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
PCL CONSTRUCTION SERVICES, INc. FOR THE PROVISION OF SERVICES
REQUIRED TO DESIGN AND CONSTRUCT MONTEV ALLE COMMUNITY PARK,
LOCATED IN THE ROLLING HILLS RANCH SUBDIVISION OF EASTERN
CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The City Council previously approved capital improvement project PR 250 and the
Master Plan for Montevalle Community Park, which conceptually designed and provided
for the construction of a completed and fully functional 29-acre park and recreation
center. The project is ready to begin the design phase. (Director of General Services)
Staff recommendation: Council adopt the resolution.
Page 4 . Council Minutes 12/16/03
CONSENT CALENDAR (Continued)
8.A. RESOLUTION NO. 2003-497, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA FOR PAYING AND REPORTING THE VALUE OF THE
EIGHT PERCENT EMPLOYER PAID CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM (CALPERS) MEMBER CONTRIBUTIONS FOR
MISCELLANEOUS EMPLOYEES INCLUDING THE MAYOR AND
COUNCILMEMBERS
B. RESOLUTION NO. 2003-498, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002-2005
PAYIBENEFIT PLAN DOCUMENT TO INCLUDE THE CITY PAID EIGHT
PERCENT EMPLOYEE CONTRIBUTION TO THE CALIFORNIA PUBLIC
EMPLOYEES RETIREMENT SYSTEM FOR THE MAYOR AND
COUNCILMEMBERS
A recent survey of San Diego County government agencies revealed that Chula Vista is
the only city that is not paying all or a significant portion of the required employee
contributions to the applicable retirement system for the Mayor and Councilmembers.
Adoption of the resolutions allows the City to pick up the eight percent employee
contribution for the Mayor and Councilmembers in lieu of a cost of living increase.
(Director of Human Resources)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION NO. 2003-499, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA
BENEFITS PLAN FOR 2004
The Internal Revenue Code requires that employers offering cafeteria plans under Section
125 have a written plan document and that the employer adopt the plan document
annually. Adoption of the resolution fulfills this requirement. (Director of Human
Resources)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2003-500, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 200312004 PLANNING
AND BUILDING DEPARTMENT BUDGET DELETING ONE ASSISTANT
PLANNING DIRECTOR POSITION, DELETING ONE GENERAL PLAN MANAGER
POSITION, AND ADDING ONE DEPUTY PLANNING DIRECTOR, AND ONE
DEVELOPMENT SERVICES TECHNICIAN POSITION, AND AMENDING THE
SPENDING PLAN FOR FISCAL YEAR
The Director of Planning and Building has determined that the reorganization of the
management structure is appropriate in order to carry out successfully the department's
current and long-term work programs. The deletions of one Assistant Planning Director
position and one General Plan Manager position, and the addition of one Deputy
Planning Director, will create a more balanced management structure. There is also the
need to add one Development Services Technician. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 5 . Council Mioutes 12/16/03
CONSENT CALENDAR (Continued)
12. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION
AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS
FOR THE FISCAL YEAR ENDED JUNE 30, 2003
RESOLUTION NO. 2003-501, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE REPORT AND APPROVING THE
FINDING THAT THE UNEXPENDED FUNDS IN THE PARK ACQUISITION AND
DEVELOPMENT FEE FUND ARE STILL NEEDED TO PROVIDE FOR
CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED
State law requires local agencies assessing development impact fees and capacity charges
to make available specified financial data to the public each fiscal year. This report
satisfies that requirement and provides the public with information on parkland
acquisition and development fees. (Director of Finance, Director of Engineering)
Staff recommendation: Council accept the report and adopt the resolution.
13. RESOLUTION NO. 2003-502, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH SOUTH BAY
VOLKSWAGEN FOR THE DONATION OF A VOLKSWAGEN BEETLE TO THE
CITY'S LIBRARY DEPARTMENT FOR USE AS A "SOUTH BAY BOOK BUG" TO
PROMOTE AWARENESS ABOUT THE DEPARTMENT AND ITS PROGRAMS
During the past year, South Bay Volkswagen and the Library Department have
completed a successful pilot partnership with the "South Bay Book Bug." The dealership
donated a Volkswagen Beetle and accompanying materials to the department for the year,
and the Library used the "South Bay Book Bug" to promote awareness about the
Department and its programs. In return, South Bay Volkswagen received recognition as
the "South Bay Book Bug" sponsor. Staff recommends approval of a new agreement
with the dealership for another year with two one-year extension options. (Assistant City
Manager Palmer)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent
Calendar Items I through 10, 12, and 13, headings read, texts waived, with Item 4
continued to January 6, 2004. The motion carried 4-0.
ORAL COMMUNICA nONS
Melody Cernitz, Chula Vista's representative on the Port's Public Arts Committee, reported on
recent public arts activities and the Port's public arts program, which has set aside funds for
community-initiated projects. She encouraged organizations in the City to obtain applications on
the Port's website to apply for funding for an arts project on the bayfront. Ms. Cernitz also
stated that the "Windoars" public art project would be installed at the Taste of the Arts event in
April 2004.
Page 6 - Council Minutes 12/16/03
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PUBLIC HEARINGS
14. CONSIDERATION OF AGREEMENTS BETWEEN THE CITY OF CHULA VISTA
AND THE COUNTY OF SAN DIEGO, AND BONITA CENTRE, LLC, AND A
CONDITIONAL USE PERMIT, TO ALLOW CONSTRUCTION AND OPERATION
OF THE BONITA BRANCH COUNTY LIBRARY AND HISTORICAL
MUSEUMIPUBLIC SAFETY CENTER, LOCATED ON THE NORTH SIDE OF
BONITA ROAD, WEST OF THE CHULA VISTA MUNICIPAL GOLF COURSE
CLUBHOUSE
The applicant, the County of San Diego Department of General Services, has submitted
an application requesting approval of a Conditional Use Permit to construct and operate a
branch public library and community meeting room, a historical museum/public safety
center, and an associated parking lot. The project site is a portion of the City-owned
parcel located adjacent to the Chula Vista Municipal Golf Course on Bonita Road.
Approval of a lease agreement between the City and the County of San Diego for the
lease of City property and construction and operation of the Library is requested. Also
requested is the approval of an agreement between the City and Bonita Centre, LLC, an
adjacent property owner, regarding the construction of improvements related to the
construction ofthe Library. (Director of Planning and Building)
Item 14 was considered following consideration ofItem 15.
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.
Councilmember McCann announced that he would abstain !Tom discussion and voting on this
item, since he owns property adjacent to the golf course. He left the Chambers at 7: 15 p.m.
Mayor Padilla opened the public hearing.
Associate Planner Zumwalt presented the proposed project.
Andy Campbell, the City's project consultant, stated that negotiations with Bonita Centre, LLC
have not been concluded, but staff will make every effort to resolve any issues prior to the
January 13, 2004 Council meeting. He asked the Council to delay consideration of proposed
resolution B until that time.
San Diego County Supervisor Cox expressed appreciation to City staff for their role in the
project, which will get underway within the next few months, be completed approximately a year
later, and will serve both Bonita and Chula Vista residents. He then introduced the County's
project team.
George Kost spoke about the many benefits of the proposed library location and said the project
will be a model for the entire County. He asked the Council to approve the project.
Page 7 - Council Mioutes 12/16/03
PUBLIC HEARINGS (Continued)
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
Councilmember Davis requested staffs assurance that the proposed project would not interfere
with the horse trail. Deputy City Attorney Hull replied that the project would not adversely
affect the horse trail.
Councilmember Rindone commended Supervisor Cox for his leadership on the project. He
asked whether or not there would be a kitchenette connected with the community room.
Supervisor Cox responded affirmatively.
ACTION: Mayor Padilla moved to continue Item l4B to January 13, 2004 and then offered
Resolution No. 2003-503, as amended to remove all references to appropriations,
and Resolution No. 2003-504, contingent upon appropriations being approved by
the Council at the January 13, 2004 meeting:
A. RESOLUTION NO. 2003-503, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE
COUNTY OF SAN DIEGO FOR LEASE OF APPROXIMATELY 1.55
ACRES OF LAND FOR THE CONSTRUCTION AND OPERATION
OF THE BONITA BRANCH COUNTY LffiRARY AND HISTORICAL
MUSEUMIPUBLIC SAFETY CENTER, AND APPROPRIATING
FUNDS THEREFOR
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE BONITA CENTRE, LLC, REGARDING
CONSTRUCTION OF IMPROVEMENTS RELATED TO THE BONITA
BRANCH COUNTY LffiRARY AND HISTORICAL
MUSEUMIPUBLIC SAFETY CENTER, AND APPROPRIATING
FUNDS THEREFOR
C. RESOLUTION NO. 2003-504, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA GRANTING A
CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION
AND OPERATION OF THE BONITA BRANCH COUNTY LIBRARY
AND HISTORICAL MUSEUMIPUBLIC SAFETY CENTER
The motion carried 3-0-1, with Deputy Mayor Salas absent and Councilmember
McCann abstaining due to the proximity of his property to the project location.
Councilmember McCann returned to the Chambers at this time.
Page 8 - Council Minutes 12/16/03
ACTION ITEMS
15. STATUS REPORT ON PROCESSING AND SITE OPTIONS FOR SWEETWATER
UNION HIGH SCHOOL DISTRICT, HIGH SCHOOL NO. 13 IN OT A Y RANCH
The informational report provides the basis for the City's response to a request made at
the Ad Hoc Schools Task Force meeting of November 20,2003, for the staffs ofthe City
and school district to provide a status report on school construction at the meeting of
January 22, 2004. A key component of this report is the status of the entitlement
processing in support of the construction of High School #13 by the Sweetwater Union
High School District. (Director of Planning and Building)
This item was considered prior to Item 14.
Special Projects Planning Manager Hare presented the status report.
Mayor Padilla noted, for the record, written correspondence received ITom Dr. Edward Brand,
Superintendent of the Sweetwater Union High School District, dated December 16, 2003.
Councihnember Rindone questioned the SANDAG modeling and requested clarification from
staff. Mr. Hare responded that all agencies within SANDAG's sphere of influence are
undergoing a migration between phases of their modeling process, and once the migration into
the new series of forecasts is complete, all the environmental work on general plans and major
development projects within SANDAG's area would be utilizing those models.
Mayor Padilla asked if the City could adhere to the timeITame set forth in the letter ITom Dr.
Brand. Mr. Hare replied that the City is dedicated to fulfilling the schedule as set forth.
Councilmember McCann asked staff to provide a bi-monthly project update to the Council.
Councilmember Rindone asked about infrastructure issues mentioned in Dr. Brand's letter.
Planning and Building Director Sandoval responded that the City is committed to providing
timely inITastructure for the project.
Todd Gabrneau, representing The McMillin Company, stated that McMillin has been working
cooperatively with City staff and other agencies toward the goal of providing the next high
school for Otay Ranch by July of 2006. Significant progress has been made on the project, and
he emphasized McMillin's commitment to the project.
Councilmember Davis questioned the possibility of using a two-story school design in order to
save space. Katy Wright, Director of Planning and Construction for the Sweetwater Union High
School District, responded that the school district has initiated a 'plan for specialized
programming in efforts to accommodate reduced land requirements and land costs.
ACTION: Councilmember McCann moved to accept the report and direct staff to provide a
bi-monthly update on the project. Councilmember Davis seconded the motion,
and it carried 4-0.
Page 9 - Council Minutes 12/16/03
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ACTION ITEMS (Continued)
At 7:38 p.m., Mayor Padilla declared a briefrecess. The meeting reconvened at 7:45 p.m. with
all members present except Councilmember Salas.
16. CONSIDERATION OF ADOPTION OF TWO RESOLUTIONS (A) APPROVING THE
APPROPRIATION OF FUNDS FOR FIRE COMPUTER AIDED DISPATCH (CAD)
INTERFACES AND EQUIPMENT FOR A CAD MESSAGE SWITCH AND; (B)
ADDING ONE MID-MANAGEMENT FIRE COMMUNICATIONS MANAGER AND
RELATED SERVICES AND SUPPLIES, AND ONE MID-MANAGEMENT MICRO
COMPUTER SPECIALIST (4/STHS VOTE REQUIRED)
On October 7, 2003, Council took action to notify the Heartland Communications
Authority of the City's intent to terminate the Joint Powers Agreement for dispatch
services on July 1, 2004. Adoption of the resolutions will, (a) appropriate funds to
complete necessary computer aided dispatch interfaces needed to transition fire dispatch
services to the City of Chula Vista, and; (b) appropriate funds to hire a Fire
Communications Manager and Micro Computer Specialist position needed to facilitate
the transition and staff the Fire and Management Information Services departments. (Fire
Chief)
Fire Chief Perry presented the proposal for the fire dispatch transition, including key Heartland
Communication Facility agreement issues; the benefits of Chula Vista fire dispatch; the key
project components; dispatch personnel needs; interface/equipment needs; necessary facility
modifications; a project cost summary, and an implementation schedule.
Councilmember McCann suggested that the City's Fire Dispatch Center move from a cost center
to a revenue center in the future by outsourcing its services.
Councilmember Rindone congratulated Mayor Padilla for focusing on this issue, stating that the
dispatch center would make a difference in the quality of life of Chula Vista residents and
provide the ability for the City to be proactive in providing for the safety needs of its citizens.
He then asked City Manager Rowlands to explain, for the benefit of the public, the funding
associated with the project. City Manager Rowlands responded that a one-time general fund
reserve for $1.8 million would be allocated for the fire dispatch component. Although there are
concerns regarding the ongoing operating costs, he believed that most of the costs would be
absorbed through the reorganization of various City departments.
Councilmember Davis commended Chief Perry and staff on a job well done. She agreed with
Councilmember McCann that this would place the City in a position to offer its services to other
jurisdictions in the future. She believed that a fire dispatch service was the right thing to do and
good for the citizens of Chula Vista.
Mayor Padilla believed that having its own dispatch center was the right decision for the City in
the long term, and one that will place the City in a greater position of control.
Page 10 - Council Minutes 12/16/03
ACTION ITEMS (Continued)
ACTION: Councilmember Davis offered Resolution Nos. 2003-505 and 2003-506, headings
read, texts waived:
RESOLUTION NO. 2003-505, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2004 CAPITAL IMPROVEMENT BUDGET, AND
APPROPRIATING $1,671,871 FOR FIRE COMPUTER AIDED
DISPATCH (CAD) INTERFACES AND EQUIPMENT FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND, AND $585,000
FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FUND FOR A CAD MESSAGE SWITCH,
AND CITY COUNCIL APPROVING THE FIRST AMENDMENT AND
AUTHORIZING THE MAYOR TO EXECUTE ATTACHED FIRST
AMENDMENT WITH THE CURRENT CAD PROVIDER, CROSS
CURRENT, FOR DEVELOPMENT OF CAD INTERFACES NEEDED
TO TRANSITION DISPATCH SERVICES FROM HEARTLAND TO
THE CITY OF CHULA VISTA
RESOLUTION NO. 2003-506, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2004 FIRE DEPARTMENT BUDGET TO ADD ONE
MID-MANAGEMENT FIRE COMMUNICATIONS MANAGER
($52,491) AND RELATED SERVICES AND SUPPLIES ($36,500),
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF
THE GENERAL FUND, AMENDING THE MANAGEMENT
INFORMATION SERVICES BUDGET TO ADD ONE MID-
MANAGEMENT MICRO COMPUTER SPECIALIST ($48,107) IN
JANUARY OF 2004 BY APPROPRIATING FUNDS FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND, AND
AMENDING THE FISCAL YEAR 2005 SPENDING PLAN BY
$250,611 FROM THE AVAILABLE BALANCE OF THE GENERAL
FUND
The motion carried 4-0.
ITEMS PULLED FROM THE CONSENT CALENDAR
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL
SERVICES RELATED TO THE CITY OF CHULA VISTA MULTIPLE SPECIES
CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
Page 11 - Council Minutes 12/16/03
ITEMS PULLED FROM THE CONSENT CALENDAR
On November 11, 1999, Remy, Thomas and Moose, LLP was retained by the City to
provide legal services for the MSCP Subarea Plan. On May 13, 2003, the Council
adopted the MSCP Subarea Plan for Chula Vista. Adoption of the resolution approves an
amendment to the contract to allow for additional legal services related to the MSCP
Subarea Plan. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Mayor Padilla explained that the City and a number of state and federal regulatory agencies
protecting the environment had worked diligently, and at great expense and time, to adopt Chula
Vista's Multiple Species Conservation Plan (MSCP). The plan would ultimately preserve
approximately 5,000 acres of habitat within Chula Vista, preserve an additional 4,200 acres
outside the City, and protect 86 critical species. As a result of a recent court case, the director of
the U.S. Fish and Wildlife Service initiated a directive in October 2003 that may have a
devastating impact on the MSCP implementing agreement and could remove any real incentive,
or basis, for the City to work so diligently and cohesively with the building industry and the
environmental protection agencies to delineate what areas should be protected, managed and
financed. He further explained that, based upon the Council's adoption of the MSCP plan on
May 13, 2003, the Council was informed that the final federal and state permits would be issued
within 30 to 60 days of that date. The City's implementing agreement was recorded and
executed on September 30, 2003 by the federal government in order to be completed before the
end of the fiscal year. The City has since been advised that the implementing agreement cannot
be executed because of the recent court decision. Since the Chula Vista Subarea Plan was
executed before the effective date of the new policy, he believed that the City should not be
subject to the court action. Mayor Padilla believed that the City should not expend any further
City funds on legal consultant services to execute the implementing agreement until further
clarification is received from the u.S. Fish and Wildlife Service.
ACTION: Mayor Padilla moved to (1) continue the item indefinitely due to recent court
decisions that could significantly affect the implementing agreements and benefits
to the City; (2) direct staff to formally invite local staff of the U.S. Fish and
Wildlife Service to attend the next Council meeting to make a presentation on the
status of the permitting; (3) direct staff to telephone Mr. Thompson, who has been
non-responsive to a letter sent to him by Mayor Padilla, to request a meeting; and
(4) if necessary, direct staff to schedule a meeting with state and federal Fish and
Wildlife officials, as well as the City's state and federal representatives.
Councilmember Rindone seconded the motion and it carried 4-0.
At 8:22 p.m., Mayor Padilla recessed the City Council and convened the Redevelopment
Agency. At 8:44 p.m., Mayor Padilla reconvened the City Council and noted that all
Councilmembers were present except for Councilmember Salas.
Page 12 - Council Minutes 12/16/03
OTHER BUSINESS
17. CITY MANAGER'S REPORTS
City Manager Rowlands announced a General Plan Update workshop with the Planning
Commission scheduled for January 14, 2004, at 4:30 p.m., at the John Lippitt Public Works
Center.
18. MAYOR'S REPORTS
A. Appointment of Councilmember to Legislative Committee.
ACTION: Mayor Padilla moved to appoint Councilmember Davis to the Legislative
Committee. Councilmember McCann seconded the motion, and it carried 4-0.
Mayor Padilla extended his thanks to the community for the opportunity to serve as Mayor, and
he also thanked City staff for their dedicated work. He then wished all City staff, citizens, and
volunteers best wishes for a wonderful holiday season.
19. COUNCIL COMMENTS
Councilmember Davis wished everyone a happy holiday and encouraged people to take time to
cherish loved ones.
Councilmember Rindone wished the community a happy holiday season and encouraged
spending time with family and mends. He also expressed his thankfulness that the City was
spared from the recent firestorm.
Councilmember McCann provided a status report on his proposal to establish a family justice
center, stating that Police Chief Emerson met with social service providers for victims of
domestic violence and, as a result of the meeting, a letter of intent for a grant application to fund
the project was signed by Chief Emerson. Councilmember McCann stated that this would
provide an opportunity for the City to help protect victims of violence and be a leader in this area
in the South Bay. Councilmember McCann also thanked the citizens and staff for providing him
the opportunity to serve during the past year, and he wished all a happy holiday and a happy new
year.
CLOSED SESSION
20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Grippi v. City ofChula Vista (SDSC No. GIC 801393)
No reportable action was taken on this item.
Page 13 - Council Minutes 12/16/03
CLOSED SESSION (Continued)
21. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One case
ACTION: Direction was given to staff.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
ACTION: Direction was given to staff.
23. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of ITanchise conveyance
ACTION: Direction was given to staff.
ADJOURNMENT
At 9:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of January 6,2004, at
4:00 p.m. in the Council Chambers (There will be no meetings on December 23 and December
30,2003.)
~LL)- cLL.1~ ß~---'
Susan Bigelow, CMC, City lerk
Page 14 - Council Minutes 12/16/03