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HomeMy WebLinkAboutcc min 2004/10/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 5, 2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 17 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, Salas, and Mayor Padilla ABSENT: Councilmembers: None 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 · INTRODUCTION BY JIM SANDOVAL, DIRECTOR OF PLANNING AND BUILDING, OF THE EMPLOYEES OF THE MONTH, RABBIA PHILLIPS, SECRETARY AND DAI HOANG, PLANNING TECHNICIAN II Planning and Building Director Sandoval introduced the employees of the month, Rabbia Phillips and Dai Hoang. Mayor Padilla read the proclamations, and Deputy Mayor Salas presented them to Ms. Phillips and Mr. Hoang. · PRESENTATION BY MAYOR PADILLA OF A PLAQUE FROM THE INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS DESIGNATING CITY CLERK BIGELOW AS A MASTER MUNICIPAL CLERK Mayor Padilla recognized City Clerk Bigelow for her achievement in attaining her Master Municipal Clerk designation, and Deputy Mayor Salas presented her with a plaque. The City Clerk's Office staff also recognized Ms. Bigelow for her accomplishment. · OATHS OF OFFICE: John Nezozzi, International Friendship Commission Patricia Desaracho (Castle Park High School), Youth Commission Yazmin Desaracho (Castle Park Middle School), Youth Commission City Clerk Bigelow administered the oaths of office to the abovementioned commissioners, and Deputy Mayor Salas presented them each with a certificate of appointment. · INTRODUCTION BY POLICE CHIEF EMERSON OF THE POLICE DEPARTMENT'S NEW PRESS INFORMATION OFFICER, BERNARD GONZALES, RECENTLY PROMOTED POLICE CAPTAINS, DON HUNTER AND GARY WEDGE, AND POLICE RECRUIT, ELMAN GASHYMOV Page 1 - Council Minutes October 5, 2004 _. --~_..,"~~._-_._-- --. ~-_.__.~ SPECIAL ORDERS OF THE DAY (Continued) Police Chief Emerson recognized recently promoted Police Captains Don Hunter and Gary Wedge, and recently hired Police Recruit Elman Gashymov. He then introduced the department's new Press Information Officer, Bernard Gonzales. Police Chief Emerson, on behalf of the Department, also thanked the Council and City Manager Rowlands for their support of the design-build concept for the new police facility that resulted in a project that was on time and on budget. He then presented the Council and City Manager Rowlands with plaques of appreciation. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVE BYERS, DIRECTOR OF PUBLIC WORKS OPERATIONS, DECLARING THE WEEK OF OCTOBER 4 THROUGH OCTOBER 8, 2004 "CELEBRATE SAFE DRIVING WITH YOUR EMPLOYEES" WEEK Mayor Padilla read the proclamation, and Deputy Salas presented it to Public Works Director Byers. CONSENT CALENDAR (Items I through 9) Mayor Padilla announced that Items 5A and B and 6A and B would be removed fÌ'om the Consent Calendar and continued to a future date at the request of staff. With regard to Item 7, Councilmember McCann spoke stated that he was pleased to see the Harborside Park project progress to the design phase. , 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of September 7, 2004 and the Regular Meeting of September 14,2004. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2980, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.02.030 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA (SECOND READING) . Adoption of the proposed ordinance amends the disclosure categories as recommended by the Fair Political Practices Commission. This ordinance was introduced at the regular meeting of September 21, 2004. (City Clerk, City Attorney) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2004-315, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $5,000 FOR EXPENDITURES ASSOCIATED WITH TASTE OF THE ARTS FESTIVAL AND MUSIC IN THE PARK CONCERT . SERIES Page 2 - Council Minutes October 5, 2004 -----_.~--- --- - - ------ ---...----- ------ CONSENT CALENDAR (Continued) The Office of Cultural Arts received a Community Enhancement Program grant award in the amount of$5,000 from the County of San Diego for the Taste of the Arts Festival and Music In The Park Concert Series to be held during Spring/Summer 2005. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-316, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 200412005 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $10,000 FOR THE GLOBAL LANGUAGE MATERIALS GRANT The Chula Vista Public Library recently received a one-time Library Services and Technology Act (LST A) grant fÌ'om the California State Library in the amount of $1 0,000 for fiscal year 2005. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-317, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT HARBORS IDE PARK, LOCATED ON OXFORD STREET IN WESTERN CHULA VISTA, AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE WESTERN CHULA VISTA INFRASTRUCTURE PROGRAM (GGI88) TO THE HARBORS IDE PARK PROJECT (PR249), AS NEEDED TO BEGIN THE DESIGN PHASE The City Council previously approved Capital Improvement Project No. PR249 and the Master Plan for Harborside Park, which conceptually designed and provided for the construction of a completed and fully functional park. The project is ready to begin the design phase. (Director of General Services) Staff recommendation: Council adopt the resolution. 8A. RESOLUTION NO. 2004-318, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE CHULA VISTA POLICE OFFICER'S ASSOCIATION RELATED TO HEALTH BENEFITS, AND APPROPRIATING FUNDS THEREFOR, BASED ON UNANTICIPATED SALES TAX REVENUES B. RESOLUTION NO. 2004-319, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 2180 RELATED TO HEALTH BENEFITS, AND APPROPRIATING FUNDS THEREFOR, BASED ON UNANTICIPATED SALES TAX REVENUES Page 3 - Council Minutes October 5, 2004 r__~_ CONSENT CALENDAR (Continued) City staff recently concluded negotiations with the Chula Vista Police Officer's Association (POA) in response to a health care re-opener in their current memorandum of understanding (MOU). The rising health care premium costs were at issue and staff is recommending a number of changes to the current MOU with POA. Similar changes are also being recommended to the MOU with the International Association of Fire Fighters Local 2180. (Director of Human Resources) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION NO. 2004-320, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 MANAGEMENT AND INFORMATION SERVICES DEPARTMENT BUDGET BY DELETING ONE INFORMATION SYSTEMS TECHNICIAN AND ONE DATA ENTRY OPERATOR II POSITION, ADDING ONE GEOGRAPHIC INFORMATION SYSTEM (GIS) SPECIALIST POSITION, AND TRANSFERRING $31,256 OF PERSONNEL SERVICES SAVINGS TO THE DEPARTMENT'S SUPPLY AND SERVICE BUDGET TO INCREASE FUNDING FOR ADDITIONAL AUTOMATION APPLICATIONS AND LICENSES TO ADDRESS GROWTH AND ENHANCE EFFECTIVENESS Adoption of the resolution eliminates two vacant clerical positions and adds one Geographic Information Specialist to assist with the support of an increased demand for GIS services. Also proposed is the transfer of $31, 256 to the Management and Information Services Supplies and Services budget fÌ'om personnel services savings to offset increased costs related to growth for additional applications and licenses. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staff's recommendations and offered Consent Calendar Items I through 4 and 7 through 9, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Veleria Fabiszak, representing Shane's Inspiration, thanked Councilmember McCann for supporting the special needs program. She stated that the closest park that is fully equipped for children with special needs is in Los Angeles, and she expressed hope for Council support of fundraising efforts to furnish local parks with necessary equipment. Councilmember McCann stated that although the City's parks are in compliance with the Americans with Disabilities Act, they do not provide for all special needs. He explained that a future goal of the City is to build a Shane's Inspiration within one of the local parks and to seek funding through private financing and grant opportunities. He added that the Parks and Recreation Department has allocated $250,000 towards special needs play equipment at the future Montevalle Park, and that there is no other park in the County that will have this inclusionary park equipment. Page 4 - Council Minutes October 5, 2004 --- ---~-----_.-- ------------------ --..---------- PUBLIC HEARINGS 10. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS The Police Department recently received notice of a Local Law Enforcement Block Grant (LLEBG) award in the amount of $65,624 fÌ'om the Bureau of Justice Assistance (BJA). These funds were allocated to the Police Department, based on a three-year average of Part I Violent Crimes. These crimes include murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assaults, as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Local Law Enforcement Block Grant. (Chief of Police ) 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 Padilla opened the public hearing. Police Chief Emerson stated that the grant funding would be utilized for the purchase of safety equipment, vests, and taser guns. Councilmember McCann stated that he was appreciative that a portion of the funding would be used to purchase tasers, since they are not lethal weapons but still offer protection to the officers, and the new smaller model tasers are more easily distinguished from a firing weapon. ACTION: Councilmember McCann offered Resolution No. 2004-321, heading read, text waived: RESOLUTION NO. 2004-321, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $65,624 FROM THE 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET, AND APPROPRIATING $65,624 FOR OFFICER SAFETY EQUIPMENT The motion carried 5-0. 11. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING VARIOUS CHAPTERS OF THE CITY'S MASTER FEE SCHEDULE The Engineering Division and Public Works Operations Department recently completed a comprehensive review of their elements of the Master Fee Schedule. The proposed fee updates ensure that permit costs continue to be borne solely by those who enjoy their benefit, while allowing the City to fully recoup the cost of providing the associated services. Staff also recommends several textual changes to clarify and standardize the hourly reimbursement language for deposit-based permits. (Director of General Services, City Engineer) 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 Padilla opened the public hearing. Page 5 - Council Minutes October 5, 2004 "__··._··'_'~'_._O'__~.~"~__~"_.__'...·._.__.__,·_..___ PUBLIC HEARINGS (Continued) ACTION: Deputy Mayor Salas offered Resolution No. 2004-322, heading read, text waived: RESOLUTION NO. 2004-322, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTERS II (RECORDS, DOCUMENTS, RESEARCH AND PROCESSING FEES), IV (BUSINESS FEES), XI (ENGINEERING), AND XII (ENGINEERING - SEWER) OF THE CITY'S MASTER FEE SCHEDULE The motion carried 5-0. ITEMS PULLED FROM THE CONSENT CALENDAR The following items were pulled from the Consent Calendar and continued to a future date at the request of staff. No action was taken on these items: 5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $82,990 BASED ON UNANTICIPATED REIMBURSEMENTS FROM THE SEWER FACILITIES REPLACEMENT FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING ADDITIONAL STAFF FOR THE WASTEWATER MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS (4/5THS VOTE REQUIRED) · B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $232,442 BASED ON UNANTICIPATED REIMBURSEMENTS FROM THE SEWER FACILITIES REPLACEMENT FUND FOR EQUIPMENT FOR THE WASTEWATER MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS PBS&J was hired to prepare an update to the City's Wastewater Master Plan, a component of the City's on-going General Plan Update. Part of their initial findings was that 200,000 linear feet of video inspections should be conducted annually in order to determine the condition of the sewer system. Consequently, Public Works Operations is now requesting a two-person crew and TV van to specifically video all the City's · wastewater lines. (Director of Public Works Operations) Staff recommendation: Council continue this item to a future date. 6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $35,000 FROM PROJECT NO. STL-297, AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS, FISCAL YEAR 2004/2005 TO PROJECT NO. STL-292, ADA CURB CUTS PROGRAM, FISCAL YEAR 2003/2004, FOR UNANTICIPATED CHANGES IN SCOPE OF WORK AND STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA · APPROVING CHANGE ORDER NO. I FOR THE AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS PROGRAM, FISCAL YEAR 2003/2004 IN VARIOUS LOCATIONS IN THE CITY (PROJECT NO. STL-292) AND AUTHORIZING THE DIRECTOR OF GENERAL SERVICES TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Page 6 - Council Minutes October 5, 2004 __~_.___._._ _..____n_________....._ ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Adoption of the resolutions approves additional construction required for the Americans with Disabilities Act (ADA) Curb Cuts Program to comply with new standards for pedestrian ramps and bus stop area bench pads in various locations of the City. The proposed resolutions also allow for the transfer of funds for unanticipated changes in scope of work, and approve change order no. I for the project. (Director of General Services, Director of Public Works Operations) Staff recommendation: Council continue this item to a future date. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS There were none. 14. COUNCIL COMMENTS Councilmember Davis stated that she attended the recent Fire Department open house, which was well attended and appreciated by the community. Deputy Mayor Salas spoke about the success of the recent light bulb exchange program. She also commented on the successful Fire Department open house. Councilmember McCann also spoke about the tremendous light bulb exchange program and suggested that the Fire Department disseminate information to the community regarding hazards associated with torchlights. He stated that he also attended the Fire Department open house and the Rotary wine tasting event. Councilmember Rindone requested to change the meeting time of the October 12,2004 Council Meeting fÌ'om 6:00 p.m. to 5:30 p.m., due to Hilltop High School Open House and Preliminary Scholastic Aptitude testing. ACTION: Councilmember Rindone moved to change the meeting time for the regularly scheduled meeting of October 12, 2004 fÌ'om 6:00 p.m. to 5:30 p.m. Councilmember Davis seconded the motion, and it carried 5-0. CLOSED SESSION 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . ARB v Eastlake (SDSC #GISI5582) This item was not discussed, and no action was taken. Page 7 - Council Minutes October 5, 2004 ----~,~--~..~~,-,--~-~~.,"""-"."-~-~._""-,._~""-~._..-"',---","...~_._--,_..,.__._--~~".'- CLOSED SESSION (Continued) 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) Agency negotiators: Steve Padilla, Sid Morris, David Huard, Elizabeth Wagner Hull Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance No reportable action was taken on this item. 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) No reportable action was taken on this item. ADJOURNMENT At 7:00 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on October 12,2004, at 5:30 p.m. in the Council Chambers. ~~',,~ Susan Bigelow, MMC, City Clerk Page 8 - Council Minutes October 5, 2004 -~.__..__._-- __ _____________n_