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Home My WebLink About2006/12/05 Agenda ~, f?. =~-- ~~~~ ~- -- Step,hen C. Padilla, Mayor Patricia E. Chavez, CouncHrnember Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councillllernber Susan Bigeiow, City Clerk Steve Castaneda, Counci!l11ember December 5, 2006 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG LED BY BL YSS, JOHNNY AND GRANT MCCANN; RAQUEL RAMIREZ; AND JACOB, MADELIN AND PAUL CHAVEZ NATIONAL ANTHEM PERFORMED BY JAMES PINKNEY INVOCATION BY THE REVEREND DR. RICHARD FREEMAN SPECIAL ORDERS OF THE DAY 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 7, 2006 AND DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The Registrar of Voters has transmitted the certified results of the Special Municipal Election held on November 7, 2006. Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the Council. Elections Code Section 15400 requires the Council to declare the results of the election. The proposed resolution contains the official results as reported by the Registrar of Voters. (City Clerk) Staff recommendation: Council adopt the resolution. COMMENTS BY DEPARTING ELECTED OFFICIALS: * COMMENTS BY OUTGOING MAYOR STEPHEN C. PADILLA * COMMENTS BY OUTGOING COUNCILMEMBER P ATTY CHAVEZ OATHS OF OFFICE FOR RE-ELECTED AND NEWLY ELECTED OFFICIALS: *OATH OF OFFICE FOR RECENTLY RE-ELECTED COUNCILMEMBER JOHN MCCANN TO BE ADMINISTERED BY MYSSIE MCCANN * COMMENTS BY COUNCILMEMBER JOHN MCCANN * OATH OF OFFICE FOR NEWLY ELECTED COUNCILMEMBER RUDY RAMIREZ TO BE ADMINISTERED BY RODOLFO AND VIRGINIA RAMIREZ * COMMENTS BY COUNCILMEMBER RUDY RAMIREZ *OATH OF OFFICE FOR NEWLY ELECTED MAYOR CHERYL COX TO BE ADMINISTERED BY THE HONORABLE GREGORY R. COX * COMMENTS BY MAYOR CHERYL COX RECESS FOR RECEPTION AND THENCE TO A CLOSED SESSION OF THE NEWLY CONSTITUTED COUNCIL 5:45 P.M. CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 6:00 P.M. RECONVENE AND CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox Page 2 - Council Agenda hllp://www.chulavistaca.gov December 5, 2006 CONSENT CALENDAR (Items 3 through 11) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. if you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 3. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A REZONE (PCZ-06- 04) FROM S90 ZONE TO CENTRAL COMMERCIAL PRECISE PLAN (CC-P) ZONE AND ESTABLISHING A PRECISE PLAN MODIFYING STANDARD FOR A 3.6 ACRE PORTION OF A 5.5 ACRE SITE LOCATED AT 912-944 THIRD AVENUE (SECOND READING) Adoption of the ordinance approves a rezone and establishes a precise plan, modifying standard for 3.6 acres of a 5.5-acre site located at 912-944 Third Avenue. This ordinance was introduced on November 16, 2006. (Acting Community Development Director) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30 ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 (SECOND READING) Adoption of the ordinance makes it a misdemeanor to give away, offer for sale, or transfer any animal, bird, or reptile on public property or private property open to the public. This ordinance was introduced on November 21, 2006. (General Services Director) Staff recommendation: Council adopt the ordinance. 5. 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 THE POSITIONS OF CALIFORNIA BORDER ALLIANCE GROUP (CBAG) - DIRECTOR OF SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER (SD LECC), CBAG ADMINISTRATIVE ANALYST 1 AND CBAG ADMINISTRATIVE ANALYST II (SECOND READING) Adoption of this ordinance adds the positions of CBAG - Director of San Diego Law Enforcement Coordination Center (SD LECC), and CBAG Administrative Analyst I and II. All positions are fully funded through the southwest high intensity drug trafficking area, with an additional 3% administrative fee paid to the City for the payroll and benefits administration. This ordinance was introduced on November 21, 2006. (Police Chief) Staff recommendation: Council adopt the ordinance. Page 3 - Council Agenda http://www.chulavistaca.gov December 5, 2006 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR EDUCATIONAL AND TRAINING SERVICES WITH SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, AND APPROPRIATING FUNDS TO THE FIRE DEPARTMENT PERSONNEL SERVICES BUDGET IN THE AMOUNT OF $15,000 BASED ON UNANTICIPATED REVENUE (4/5THS VOTE REQUIRED) The City of Chula Vista has negotiated an agreement with the Southwestern Community College District for educational and training services in an effort to continue to meet the training requirements ofthe City of Chula Vista Fire Department. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $4,767 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Animal Care Facility (ACF) has received donations totalling $4,767 from various donors from July through October 2006. Adoption of the resolution will allow the donations to be used to purchase medical and laboratory supplies as needed to provide veterinary care. (General Services Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2007 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. (Human Resources Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO TRANSFER APPROPRIATIONS BUDGETED FOR THE FISCAL YEAR 2005 STATE HOMELAND SECURITY GRANT PROGRAM TO THE PROPER EXPENDITURE CATEGORIES IN ORDER TO MAKE REQUIRED PURCHASES AND FULFILL GRANT REQUIREMENTS (4/5THS VOTE REQUIRED) Adoption of the resolution transfers budgeted appropriations from the personnel services category to the supplies and services and equipment expenditure categories within the Information Technology Services Department budget. The transfers are required in order to make necessary purchases and fulfill grant requirements. (Information Technology Services Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda http://www .chulavistaca.gov December 5, 2006 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; TERRY A. HAYES ASSOCIATES, LLC., CONSULTANT; AND CV-42 INVESTMENTS, LLC., APPLICANT, RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE RIVERWALK SECTIONAL PLANNING AREA (SPA) PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The applicant, CV-42 Investments, LLC., has filed an application for the Riverwalk project. The Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). Adoption of the resolution approves an applicant-funded consultant contract with Terry A. Hayes Associates, LLC. for an amount not to exceed $182,615 for the Riverwalk EIR. (planning and Building Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO PEARTREES CATERING INCORPORATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Police and Purchasing Departments have completed an evaluation of proposals received for food preparation and delivery services (RFP 1-06/07-R) for the Police Department's holding facility. Adoption of the resolution accepts proposals, awards the agreement to Peartrees Catering Incorporated, and authorizes the Mayor to execute the agreement. (Police Chief) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 5 - Council Agenda http://www.chulavistaca.gov December 5, 2006 ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council and is expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. CONSIDERATION OF PROPOSALS RELATED TO STAFFING IN THE DEPARTMENT OF MAYOR AND COUNCIL AND OF AMENDMENTS TO THE MUNICIPAL CODE RELATED TO THE APPOINTING AUTHORITY FOR POSITIONS ESTABLISHED IN THE DEPARTMENT OF MAYOR AND COUNCIL The proposed Council actions involve staffing issues in the Department of Mayor and Council. Items A through C relate to a proposal by Mayor-elect Cox to redesign positions by designating these positions as Legislative Assistants I, II, and III, to serve at the will of the Mayor. The proposed positions would have broader job specifications than the current positions in order to allow greater flexibility in staffing the Department to better meet the needs of the City. The proposal involves the elimination of three positions currently authorized in the Department's budget. The redesigned positions would be funded through cost savings from the eliminated positions; no additional appropriations would be required. Item D is an ordinance to clarify that the Mayor is the appointing authority for positions established in the Department of Mayor and Council unless otherwise provided by City Charter or designated by the Council. Item D further provides that the appointing authority for the Council Assistants and Senior Council Assistants would be delegated to the individual Councilmembers served by them. (City Attorney/Mayor-elect) Recommendation: Mayor-elect Cox recommends Council place the ordinances in Items A and B on first reading and adopt the resolution contained in Item C; and the City Attorney recommends that the Council place the ordinance in Item D on first reading. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.05.010 TO ADD THE POSITIONS OF LEGISLATIVE ASSISTANT I, LEGISLATIVE ASSISTANT II, AND LEGISLATIVE ASSISTANT III IN THE DEPARTMENT OF MAYOR AND COUNCIL AND THE ALREADY ESTABLISHED POSITION OF COUNCIL ASSISTANT TO THE LIST OF APPROVED UNCLASSIFIED POSITIONS IN THE CITY (4/5THS VOTE REQUIRED - FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NUMBER 3042 DESIGNATING THE APPOINTING AUTHORITY FOR THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR AS THE MAYOR AND COUNCIL COLLECTIVELY (FIRST READING) Page 6 - Council Agenda http://www.chulavistaca.gov December 5, 2006 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ELIMINATING THE POSITIONS OF INTERGOVERNMENTAL AFFAIRS COORDINATOR, CONSTITUENT SERVICES MANAGER, AND COASTAL/ENVIRONMENTAL POLICY CONSULTANT FROM THE AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR 2007 BUDGET; (2) AUTHORIZING ONE LEGISLATIVE ASSISTANT III POSITION AND TWO LEGISLATIVE ASSISTANT II POSITIONS WITHIN THE DEPARTMENT OF MAYOR AND COUNCIL'S EXISTING FISCAL YEAR 2007 BUDGET; AND (3) ESTABLISHING THE COMPENSATION FOR THE LEGISLATIVE ASSISTANT I, II, AND III POSITIONS D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY FOR COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS AND OTHER POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL (FIRST READING) OTHER BUSINESS 13. CITY MANAGER'S REPORTS 14. MAYOR'S REPORTS 15. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting on December 12, 2006 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf(TDD} at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 7 - Council Agenda http://www.chulavistaca.gov December 5, 2006