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HomeMy WebLinkAboutcc min 2004/02/17 MINUTES OF A REGULAR MEETING OF TIIE CITY COUNCIL OF TIIE CITY OF CHULA VISTA February 17,2004 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO TIIE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF TIIE DAY OATHS OF OFFICE: Cynthia Drake - Design Review Committee City Clerk Bigelow administered the oath of office to Ms. Drake, and Deputy Mayor Salas presented her with a certificate of appointment. Min-Jeong Go - Youth Advisory Commission Ms. Go was not present at the meeting. PRESENTATION BY FINANCE DIRECTOR KACHADOORIAN OF TIIE NATIONAL PURCHASING INSTITUTE'S ACIDEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD TO PURCHASING AGENT COGGINS AND TIIE PURCHASING DIVISION STAFF Finance Director Kachadoorian recognized Purchasing Agent Coggins and the Purchasing Division staff for their achievement of excellence in procurement. Deputy Mayor Salas then presented Mr. Coggins with the award. Mr. Coggins explained that the award provides national recognition for Chula Vista, and he thanked the Council for their support of the City's purchasing initiatives. INTRODUCTION BY COUNCILMEMBER RlNDONE OF DENNIS DOYLE, PH.D., ASSISTANT SUPERINTENDENT, CHULA VISTA ELEMENTARY SCHOOL DISTRICT, TO PRESENT A VIDEO ON TIIE CHULA VISTA ANTI-BULLYING SEGMENT FROM TIIE CBS EVENING NEWS - EYE ON AMERICA WITH DAN RATIIER SPECIAL ORDERS OF TIIE DAY (Continued) Councilmember Rindone introduced Dr. Doyle, who commended the collaboration between the school district and the City's Police Department, and particularly with the Police Resource Officers assigned to the schools. He stated that the district recently received a grant for community-oriented policing in schools to address the issue of school bullying. The grant application was submitted as a joint effort between the Police Department and the district. CBS Television subsequently contacted the district about doing a report on the positive steps being taken to address school bullying in the City. Dr. Doyle introduced Harborside School Principal Olga West, Police Chief Emerson and other members of the community who are involved in the program. He then presented the video that was aired nationally on CBS' Eye on America demonstrating the positive actions being taken in the City of Chula Vista. PRESENTATION OF A PROCLAMATION TO MARK REDPATH WITH ATHLETES HELPING ATHLETES, RECOGNIZING TIIE ATHLETES HELPING ATHLETES ORGANIZATION FOR TIIEIR ONGOING SUPPORT, CONTRIBUTIONS, AND DONATIONS TO TIIE CITY'S TIIERAPEUTICS PROGRAM Parks and Recreation Director Martin introduced Recreation Supervisor Carmel Wilson, who is responsible for the therapeutics and inclusion programs in the City. Ms. Wilson then introduced Mark Redpath, who assists with the implementation of the program and who was instrumental in acquiring hand cycles for the program participants. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Mr. Redpath. Mr. Redpath thanked the Council for recognizing the program, which assists youths with disabilities in achieving their life goals. CONSENT CALENDAR (Items 1 through 8) Mayor Padilla requested that Item 4 be pulled from the Consent Calendar for discussion. Councilmember Rindone stated that he would be abstaining from voting on Item 2 due to the proximity of his residence to the project. City Attorney Moore announced that the appropriation requested in Item 8 should be $605,000, rather than $985,000. 1. WRITTEN COMMUNICATIONS Memorandum from Human Resources Director Raskin reporting the verbal resignation of William (Bill) Veal, member of the Civil Service Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy immediately in accordance with Maddy Act requirements. 2. ORDINANCE NO. 2953, ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF CHULA VISTA DECREASING TIIE EXISTING SPEED OMIT ON E STREET, BETWEEN BAY BOULEVARD AND EAST FLOWER STREET/BONITA ROAD, FROM 35 MPH TO 30 MPH (SECOND READING) Page 2 - Council Minutes February 17, 2004 ~- -----.~ -~- --- ---._~ CONSENT CALENDAR (Continued) 3. Current posted speed limits vary from 30 to 35 mph along E Street between Bay Boulevard and East Flower Street/Bonita Road. Results of two recent engineering and traffic surveys. reveal that traffic speeds along the corridor currently exceed recommended thresholds for the existing physical and land use conditions. This ordinance was introduced on February 10, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. ORDINANCE NO. 2954, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABOSIDNG A 50-MPH SPEED OMIT ON OLYMPIC PARKWAY BETWEEN LA MEDIA ROAD AND HUNTE PARKWAY (SECOND READING) On October 22, 2003, staff completed an engineering and traffic survey for the recently constructed segment of Olympic Parkway between La Media Road and Hunte Parkway. Results of the survey indicate that the maximum speed limit along this segment of the corridor should be established at 50 mph. This ordinance was introduced on February 10, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION NO. 2004-047, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT FIRST AVENUE AND PALOMAR STREET (PROJECT TF-302) TO DBX INCORPORATED IN THE AMOUNT OF $137,550 On January 14, 2004, the Director of General Services received bids from six electrical contractors for this project. The scope of the project includes the installation of a fully- actuated traffic signal system and other work necessary to complete the project. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-048, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER FROM THE CMC CENTER HV AC EQUIPMENT UPGRADES CAPITAL IMPROVEMENT PROJECT (GG166) TO THE CORPORATION YARD CAPITAL IMPROVEMENT PROJECT (GGI31) FOR PAYMENT TO ALLSUP CORPORATION (4/5THS VOTE REQUIRED) The City's budget transfer policy calls for the Council's approval for transfers more than $15,000 between project budgets. The Council previously authorized a litigation settlement with Allsup Corporation, a subcontractor on the Corporation Yard project, in the amount of $28,000. This transfer will provide sufficient funds in the Corporation Yard project budget to cover this expense. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes February 17, 2004 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2004-049, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 BUDGET TO ADD ONE FULL TIME EQUIVALENT DEPUTY CITY ATTORNEY ITI, AND APPROPRIATING THE FUNDS FOR THE POSITION (4/5THS VOTE REQUIRED) Since the implementation of the in-house litigation program, the City has been engaged in extensive development and redevelopment, placing increased demands on both the litigation and advisory resources of the City Attorney's staff. It is expected that demands on these resources will increase as the City continues to grow and an increase in the staff level of the City Attorney's office is recommended to meet these demands. (City Attorney) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2004-050, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $250,000 FROM THE GENERAL FUND BALANCE TO THE CITY ATTORNEY'S SUPPUES AND SERVICES BUDGET, TRANSFERRING $35,000 FROM THE CITY ATTORNEY'S PERSONNEL SERVICES BUDGET TO SUPPUES AND SERVICES, AND APPROPRIATING $605,000 FROM THE GENERAL FUND BALANCE TO THE HUMAN RESOURCES DEPARTMENT'S OTHER EXPENSES BUDGET (4/5THS VOTE REQUIRED) During Fiscal Year 2003/2004, the City Attorney's Office and Human Resources Department have been involved in the defense and prosecution of an unusually high number of very complex lawsuits and pre-litigation matters. Because of the increase in outside counsel and expert witness costs associated with these cases, the City Attorney's office and Human Resources Department are asking for an appropriation of funds. In addition, the City Attorney's office is requesting a transfer of funds from salary savings in its Personnel Services budget to Supplies and Services to pay for temporary staffing costs. (City Attorney) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items 1 through 3 and 5 through 8, headings read, texts waived. The motion carried 5-0, except on Item 2, which carried 4-0-1, with Councilmember Rindone abstaining due to the proximity of his property to the project. ORAL COMMUNICATIONS There were none. Page 4 - Council Minutes February 17, 2004 ~~---~-~._--~_._--~-~---.J ACTION ITEMS 9. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING STAFF TO PROCEED WITH AN UPDATE OF THE 2003 SEWER SERVICE RATE STUDY On July 1, 2003, the City's new sewer service rate structure went into effect. At its meeting of October 7, 2003, the Council directed staff to re-examine the rate structure and verify that it was properly implemented and that residents' bills were consistent with what Council approved last year. (Director of General Services, City Engineer) City Engineer Al-agha discussed the sewer service rate study. Jim Floyd thanked the Council for addressing the issue, stating that he had documented his meter readings for two months and believed that the usage should be based upon what goes down the sewer rather than what goes to water the yard. Also, factors such as home size, lot size, landscaping, and the number of occupants should be figured into the equation. He believed that he should not be paying a surcharge to maintain the appearance of his yard. Sharon Floyd said that landscaping is a big part of the City's image, and she expressed the need for the City to do its part in keeping Chula Vista as green as it should be. ACTION: Following Council comments and questions, Councilmember Davis moved to direct staff to proceed with the study and to look at all options, including the flat rate structure. She then offered Resolution No. 2004-051, heading read, text waived: RESOLUTION NO. 2004-051, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO PROCEED WITH AN UPDATE OF THE 2003 SEWER SERVICE RATE STUDY Councilmember Rindone seconded the motion, and it carried 5-0. Councilmember McCann encouraged staff to also look at the idea of having a maximum-billed rate in an effort to create an incentive mechanism. 10. CONSIDERATION OF ADOPTION OF ORDINANCES AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 2.52 AND 2.56.110(F), RELATING TO CAMPAIGN FINANCE REFORM The Campaign Contribution Ordinance Committee (CCO) presented a draft campaign contribution ordinance to the Council at the February 3, 2004 meeting. At that time, the Council identified a number of issues with the draft ordinance and requested that the CCO meet again to review those issues. The CCO met on February 9, 2004, and the proposed ordinance reflects modifications designed to address the issues raised. (City Attorney) Page 5 - Council Minutes February 17, 2004 ACTION ITEMS (Continued) Councilmember Rindone asked the committee's recommendation regarding contributions by minors. Deputy City Attorney Hull responded that, based upon a Supreme Court ruling, it was determined that prohibiting minors from contributing was unconstitutional. The committee's approach was to eliminate the City's prohibition so that a minor could contribute, but to also add language to prohibit a person from giving to their small child and contributing in the name of the child. Norma Cazares, representing South Bay Forum, stated that increasing the contribution limit to $500 would reduce citizen participation in the political process, since the average citizen is already hard pressed to contribute $250. She recommended that the $10,000 loan provision be deleted entirely, or reduced by a substantial amount, since it favors the high-dollar candidate and offers little to the low-dollar candidate. In terms of enforcement provisions, she recommended that the Council be removed from the process to avoid any appearance of conflicts of interest and suggested that the Ethics Board be charged with review and approval of special counsel candidates. Additionally, she suggested that the violation penalty be raised to $10,000. Rosa Ulloa stated that the City's policy regarding the campaign ordinance should be to protect the integrity of the electoral process. She believed that changing the campaign ordinance midway through the election cycle would undermine that policy and not serve the best interests of the citizens. Furthermore, changing the rules mid-election would create the public perception that the Council, candidates and/or members of the campaign contribution committee have timed this matter to serve their political careers. Ms. Ulloa urged the Council to continue the issue until after the November election. Robert Okerlund stated that the majority of citizens would not be able to afford the proposed $500 contribution. He also stated that most past campaign contributions have been received from outside the City, and he asked why the Council would want non-residents to gain even more ability to influence Chula Vista's elections and policies. Mr. Okerlund asked that the contribution limit either be reduced to $100 or maintained at the existing $250 level. Mayor Padilla stated that contribution limits rarely have an impact on the cost of elections, which has continued to escalate, or on the volume of people participating in them. The real issue is to address the inequity of people who can self fund, which places them at a great advantage over those who cannot. He stated that the proposed ordinance is powerful in terms of the independence and authority of special counsel and with a budget that cannot be interfered with by the Council or the City Attorney. Councilmember Davis supported a $20,000 personal loan limit and Option 1, which states that the contributions received within or in excess of the limit shall count toward equaling the amount loaned. She stated that because of the escalating cost of elections, maintaining the $250 contribution limit would force candidates to look outside the City in order to acquire the necessary funding. She believed that the proposed ordinance would create the necessary enforcement. Deputy Mayor Salas favored the appropriate funding for special counsel and the personal loan provision, but suggested that the $10,000 limit might not be adequate. She believed that the existing contribution limit should be maintained during the current election cycle but that the enforceability provisions needed to be enacted as soon as possible. Page 6 - Council Minutes February 17,2004 -- ._---. ~--- ------- --- -~-----~ --- ---_u_----~--~. ACTION ITEMS (Continued) Councilmember Rindone believed that it was essential to remove the Council from the selection process for special counsel. He suggested that there be a minimum of three and maximum of five on the list, and he asked whether a cap could be placed on hourly rates for attorney fees. Mr. Moot responded affirmatively. City Attorney Moore commented that limits could be set, although the City would want to address additional factors over and above hourly rates to ensure the selection of the most qualified attorneys. Councilmember McCann spoke in support of raising the loan limit to $20,000. Regarding independent expenditures, he asked if contribution limits would be suspended if a person did an independent expenditure outside of the candidate. Mr. Moot responded that the City would only have control if the independent expenditure were made by the candidate for himself. Councilmember McCann also spoke in support of Option 1. Councilmember Davis moved to adopt the $500 contribution limit, effective November 3, 2004. Deputy Mayor Salas stated that she would not support the motion, explaining that the City's population growth would provide opportunities for candidates to seek donations within the City. Councilmember McCann seconded the motion, and it failed 2-3, with Mayor Padilla and Councilmembers Salas and Rindone opposing. ACTION: ACTION: ACTION: ACTION: Mayor Padilla moved to amend the draft ordinance to limit contributions to $250 per individual. Councilmember Rindone offered a substitute motion to limit contributions to $300, effective for the next election cycle, and the substitute motion died for lack of a second. Deputy Mayor Salas seconded the original motion, and it carried 3-2, with Councilmembers Rindone and Davis opposing. (This motion was rescinded below.) Councilmember Davis moved to set the loan limit at $20,000. Councilmember Salas seconded the motion, and it carried 4-1, with Councilmember Rindone opposing. Councilmember Rindone moved to accept Option 1 with regard to the suspension of contribution limits, as follows: "Each opponent of a candidate who has made a loan to his or her campaign pursuant to this section shall be permitted to solicit and receive, and contributors to such opponent may make, contributions in excess of the limits contained in Section 2.52.040 of the Municipal Code. The limitation contained in Section 2.52.040 shall be suspended so that the opponent may receive contributions in excess of the limitation up to the amount loaned by the candidate. Those contributions received within or in excess of the limitation shall count toward equaling the amount loaned." Councilmember McCann seconded the motion, and it carried 5-0. Councilmember McCann moved to reconsider increasing the contribution limit to $300. Councilmember Davis seconded the motion, and it carried 3-2, with Mayor Padilla and Deputy Mayor Salas opposing. Page 7 - Council Minutes February 17, 2004 ACTION ITEMS (Continued) ACTION: Councilmember McCann moved to increase the contribution limit to $300, effective November 3, 2004. Councilmember Davis seconded the motion, and it carried 3-2, with Mayor Padilla and Deputy Mayor Salas opposing. ACTION: Councilmember Davis then offered the following ordinances, as amended, for first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.52 OF TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE REGARDING CAMPAIGN FINANCE REFORM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 2.56.110(F) DELEGATING TO THE CITY ATTORNEY ADDITIONAL AUTHORITY IN ENTERING INTO AGREEMENTS FOR THE RETENTION OF SPECIAL COUNSEL TO ENFORCE SECTION 2.52 OF THE CHULA VISTA MUNICIPAL CODE The motion carried 5-0. ITEMS PULLED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2004-046, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE DESIGN OF THE RIGHT-OF-WAY IMPROVEMENTS ASSOCIATED WITH THE NEW POLICE FACILITY The design of the right-of-way improvements associated with the police facility on F Street, between Garrett Street and Third Avenue, are proposed to be modified to maintain a parking lane on westbound F Street only. The plan for two driving lanes on eastbound F Street will not be modified. (Director of General Services, City Engineer) Councilmember Rindone announced that he would be abstaining from participating and voting on this item due to a potential conflict of interest. He then left the dais. ACTION: Councilmember Davis offered Resolution No. 2004-046, heading read, text waived. The motion carried 4-0-1, with Councilmember Rindone abstaining. Councilmember Rindone returned to the dais at 8:59 p.m. OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Rowlands announced a Council workshop scheduled for March 25, 2004, at 4:00 p.m. in the new police facility community room, to discuss (1) the allocation of funds for the job/housing grant received by the City and (2) the City's image campaign. Page 8 - Council Minutes February 17, 2004 ---~ OTHER BUSINESS (Continued) 12. MAYOR'S REPORTS There were none. 13. COUNCIL COMMENTS Councilmember Rindone expressed pride in the City, the Olympic Training Center, and Elite Racing for sponsoring the first-ever Olympic Race Walk trials event in the City. He asked that a letter of commendation be sent to Elite Racing and the Olympic Training Center on behalf of the City. Councilmember Rindone announced that all high schools in the district now require graduating students to complete a minimum of 30 hours of community service work. To that end, he suggested that the City establish a Community Service Day to provide students with options to work with various community agencies, and he asked staff to come back in three weeks with a report. Deputy Mayor Salas stated that a member of South Bay Cruisers, which will be taking over the Blast from the Past event, informed her that the organization has been denied the use of the grass area next to Fudruckers Restaurant to display their vehicles. She asked that she be notified of the reasons for the denial. Councilmember Davis commented on the success of the recent Race Walk event, which included three local competitors. CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Grippi v. City of Chula Vista (SDSC No. GlC 801393) No reportable action was taken on this item. B. Teo v. City of Chula Vista (SDSC No. GlC 811485) ACTION: Direction was given to Council. c. City ofChula Vista v. SANDPIPA No reportable action was taken on this item. 15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Page 9 - Council Minutes February 17, 2004 CLOSED SESSION (Continued) Property: Chula Vista Cable Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista and Chula Vista Cable (Marty Altbaum) Under Negotiation: Price and Terms of Franchise Extension/Conveyance No reportable action was taken on this item. 16. 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 franchise conveyance This item was not discussed, and no action was taken. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03- 016) This item was not discussed, and no action was taken. ADJOURNMENT At 10:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of February 24, 2004, at 6:00 p.m. in the Council Chambers. --- ====:::? -------- - ---- ~, Susan Bigelow, CMC, City Clerk Page 10 - Council Minutes February 17, 2004