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HomeMy WebLinkAboutcc min 2007/03/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 27, 2007 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Ann Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OA THS OF OFFICE Ben West, Board of Appeals and Advisors Anna Marie Godinez, Child Care Commission Ron Kelley, Charter Review Commission City Clerk Bigelow administered the oaths of office to Ben West, Anna Marie Godinez and Ron Kelley, and Deputy Mayor Rindone presented them with certificates of appointment. . DID YOU KNOW......THAT IT'S YOUR COMMUNITY, YOUR ENVIRONMENT, YOUR CHOICE? Presented by Erik Steenblock, Environmental Health Specialist Public Works Operations Director Byers introduced Environmental Health Specialist Steenblock, who provided an overview ofthe program with the assistance of Design Specialist Kim Schanz. CONSENT CALENDAR (Items I through 6) Mayor Cox noted that staff requested that Item 6 be removed from the agenda, and a member of the public requested discussion on Item 4. Deputy Mayor Rindone stated that he would abstain on Item 2, as he owns property within 500 feet of the project. Councilmember Castaneda stated he would abstain on Items 3 and 5 out of an abundance of caution, as he owns property a little more than 500 feet from the subject sites. In response to a question by Councilmember Ramirez on Item 3, General Services Director Griffin responded that the bus shelters were of standard design throughout the City, and consideration was given in their selection to such items as maintenance and graffiti. CONSENT CALENDAR (continued) I. APPROVAL OF MINUTES of the Regular Meetings of the CVRC and RDA and an Adjourned Regular Meeting of the City Council of January 25, 2007, and the Regular Meetings ofthe City Council of March 1,2007 and March 6, 2007. Staffrecommendation: Council approve the minutes. 2. RESOLUTION NO. 2007-066, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH ALLEGIS DEVELOPMENT SERVICES, INC. TO PROVIDE CONTINUED OWNER'S REPRESENTATION SERVICES DURING THE DESIGN AND CONSTRUCTION OF THE CIVIC CENTER AND RELATED IMPROVEMENTS On February 18, 2003, the Council approved an agreement with Allegis Development Services, Inc. to provide owners' representation services during the design and construction of the Civic Center and related improvements. Adoption of the resolution extends the agreement to be consistent with the extension of the timeframe for completion of the Civic Center project. (General Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2007-067, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "BUS SHELTERS, VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-312)" PROJECT TO A.B. HASHMI, INC. IN THE AMOUNT OF $72,480, AND AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE FUNDS IN THE PROJECT On February 28, 2007, the General Services Director received sealed bids for the project, which includes installing open bus shelters and other associated work at 10 different bus stop locations within the City. It also includes all labor, materials, bus shelter structures, equipment, transportation, traffic control, removal and disposal of existing improvements, and protection and restoration of existing improvements. (General Services Director) Staff recommendation: Council adopt the resolution. 4. Item 4 was removed from the Consent Calendar for discussion. 5. RESOLUTION NO. 2007-069 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE "CDBG SIDEWALK REMOVAL AND REPLACEMENT FISCAL YEAR 2006-2007 AT V ARIOUS LOCATIONS (STL- 295)" PROJECT Page 2 - Council Minutes hno://www.chulavistaca.2:0V March 27, 2007 CONSENT CALENDAR (continued) On February 6, 2007, the Council approved a resolution that accepted bids and awarded a contract to Koch-Armstrong General Engineering, Inc., and authorized the Public Works Operations Director to expend all available contingencies in the project. Adoption of the resolution authorizes the Public Works Operations Director to also expend all available funds in the project to complete the additional supplemental list B items of the contract. (General Services Director) Staff recommendation: Council adopt the resolution. 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RECLASSIFICATION OF AN ASSISTANT CITY MANAGER POSITION IN THE CITY MANAGER'S OFFICE TO ECONOMIC DEVELOPMENT OFFICER B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ESTABLISH THE UNCLASSIFIED POSITION OF ECONOMIC DEVELOPMENT OFFICER (FIRST READING) (4/5THS VOTE REQUIRED) Given the recent departure of two Assistant City Managers and the critical importance of several high-profile and complex economic development projects currently underway, particularly the Gaylord negotiations, other proposed Bayfront development, and the university project, internal staffing changes are recommended to facilitate a seamless continuation of these projects in the most efficient and cost-effective manner possible. (Interim City Manager) Staff recommendation: The item be removed from the agenda. ACTION: Councilmember McCann moved to approve staffs recommendations and offered Consent Calendar Items I, 2, 3, and 5, headings read, texts waived. Councilmember Ramirez seconded the motion. Item I carried 5-0; Item 2 carried 4-0-1, with Deputy Mayor Rindone abstaining; and Items 3 and 5 carried 4-0-1, with Councilmember Castaneda abstaining. at the request of staff. Item 6 was moved from the agenda at the request of staff; it was not discussed, and no action was taken. ITEMS REMOVED FROM THE CONSENT CALENDAR Councilmember Ramirez stated he would abstain from discussion and voting on Item 4 out of an abundance of caution, as he has property holdings within 500 feet of the boundaries of the property that is the subject of this action. He then left the Chambers. 4. RESOLUTION NO. 2007-068, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $100,000 GRANT FROM THE CALIFORNIA INTEGRA TED WASTE MANAGEMENT BOARD (CIWMB) TIRE DERIVED PRODUCT GRANT PROGRAM, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "RUBBERIZED MULCH-CITYWIDE" (PR-296), AND APPROPRIATING $100,000 IN GRANT FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 3 - Council Minutes httD://www.chulavistaca.l!OV March 27, 2007 CONSENT CALENDAR (continued) The City has been awarded a grant from the California Integrated Waste Management Board State Tire Derived Product Grants Program to help meet project costs associated with the Citywide rubberized mulch project. The project will provide material for use in landscaping and weed abatement around City-owned facilities, and provide an environmentally friendly alternative to the wood-based products currently in use. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. David Krogh, ChuIa Vista resident, expressed concern with potential irrevocable damage from mixing rubber tire products into the landscape. He suggested that staff consider the possible adverse environmental aspects, rather than focus on just financial benefits, prior to implementing the program. Deputy Mayor Rindone noted for the record that page 4-2 of the report contained environmental benefits as well as cost advantages for using the proposed material. Public Works Operations Director Byers responded to Mr. Krough's comments, stating that the product had been determined to be non-toxic and was even deemed safe for use in a different form as a tot lot surface. ACTION: Councilmember Castaneda offered the resolution, heading read, text waived. Councilmember McCann seconded the motion, and it carried 4-0-1, with Councilmember Ramirez abstaining. Mayor Cox asked staff to notifY Council of the location, once the installation is complete, so that Councilmembers can view the product. PUBLIC COMMENTS Steve Molski, Chula Vista resident, thanked the Council and related agencies for their help to Jade Bay Mobilehome Park residents, but he believed the Council could have assisted further with additional relocation and start-up costs. He then addressed the Council regarding Assistant City Manager Madigan, suggesting that Councilmembers read a book by Michael Josephson on Ethics; and he asked the Council to cancel the deal made with Ms. Madigan and fire her instead. Deputy Mayor Rindone asked Mr. Molski not to soil anyone's reputation. Nicole Ganz and Matthew Stevens, Chula Vista residents, representing the YMCA Youth in Government South Bay Delegation Model Legislature and Court, stated that the students in the program were interested in the issues of community government and would like to become more involved in city government. They also expressed their desire to see more support from the community in funding and increased publicity. Page 4 - Council Minutes http://www .chulavistaca. gOY March 27, 2007 BOARD AND COMMISSIONS REPORTS 7. Report from the Ethics Commission regarding proposed modifications to the ethics code. Chris Searles, Chair of the Board of Ethics, provided an update on Board activities during the past year; and noted that the Ethics Code, established in 1967, had not been updated in the last] 6 years. Over the next year, the Board would like to look at the current rule-based code in its entirety and add certain fundamental values to create a hybrid type of code. Once completed, the Ethics Board would go from being a compliance-based Board to one of independence, with adequate resources and power to have some level of enforcement. Dr. Searles then asked the Council for support in order to layout a road map within the next calendar year of the hybrid rule- and value-based code, which would also require an ad hoc committee of the Council to communicate with the members of the City Council to obtain points of view as to what works and does not. Representatives from key community groups, similar to the Redevelopment Advisory Committee, would offer input at public workshops to create a shared Citywide vision for the code. Mayor Cox asked Assistant City Attorney Hull to follow-up with the Board of Ethics. Deputy Mayor Rindone expressed his preference that applicants for the Board of Ethics be recommended by a judge, the original selection method. He asked that the Board consider meeting with the head of the South Bay courthouse to express the importance of this nomination process. Dr. Searles thanked Deputy Mayor Rindone for his comments and stated that the Board also supports recommendations by a judge. He said the Board is looking at other options, such as using retired judges, to avoid potential conflicts. He assured Deputy Mayor Rindone that this issue would be included when the report was brought back. Councilmember Ramirez concurred with Deputy Mayor Rindone's suggestions. As a past member of the Board of Ethics, he suggested that the Board consider running through a mock complaint to assist in identifying tools that are missing in the process. He also suggested that the Board consider working with the academic community, such as the USD Values Institute. Councilmember McCann stated that values should be the foundation for the rules, and ultimately the rules should be clear and free of politics. Further, complaints must be handled in an objective, non-biased way. ACTION: Deputy Mayor Rindone moved to refer the item to the City Attorney for a report and proposed work plan. Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC HEARINGS 8. CONSIDERATION OF AN APPLICATION FOR THE PROPOSED CONVERSION OF AN EXISTING I 24-UNIT APARTMENT COMPLEX AT 307 ORANGE AVENUE TO ]24 CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP (APPLICANT: WGA ORANGE AVENUE L.P.) Mayor Cox stated that staff had canceled the public hearing. There was no discussion or action taken on Item 8. Page 5 - Council Minutes htto://www.chulavistaca.gov March 27, 2007 ACTION ITEMS 9. CONSIDERATION OF APPROVAL OF PRELIMINARY SCHEDULE OF COMPETITIVE GRANTS FOR FISCAL YEARS 2007-2008 Each year, the Council is presented with numerous requests to approve the filing of competitive grant applications to help fund City projects. At this time, a number of grants have been identified for Fiscal Years 2007 and 2008 that can potentially support various City projects. (Assistant City Manager/Library Director) Assistant City Manager/Library Director Palmer introduced Grants Development Manager Burciaga, who presented the staff report and responded to questions of the Council. Councilmember Rindone asked staff to schedule a workshop to review and potentially revise the Council's strategic goals. Mayor Cox suggested that Deputy Mayor Rindone's request might be dovetailed into the future workshop regarding CDBG programs. Councilmember Castaneda stated that grant applications should be considered first and foremost to provide services to Chula Vista citizens, and secondarily for regional issues. Mayor Cox asked that specific grant information be presented in a summary form. Councilmember Ramirez asked the limitations to seeking more grants and said he would like to see a report in the future on the economics of increasing grant staffing in order to increase grant allocations. Deputy Mayor Rindone stated that the requirement for matching funds should not be a discriminating factor when deciding which grants to apply for. ACTION: Deputy Mayor Rindone offered Resolution No. 2007-070, heading read, text waived: RESOLUTION NO. 2007-070, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "PRELIMINARY SCHEDULE OF COMPETITIVE GRANTS" FOR COMPETITIVE GRANTSEEKING DURING FISCAL YEARS 2007 AND 2008 Councilmember McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS Interim City Manager Thomson noted the workshop on infrastructure management scheduled for Thursday, April 5, 2007, at 6:00 p.m.; and the budget workshop tentatively scheduled for April 18, 2007. Due to schedule conflicts, it was the consensus of the Council to hold the budget workshop on April 19th at 6:00 p.m. Page 6 - Council Minutes htto:llwww,chulavistaca,gov March 27, 2007 OTHER BUSINESS (Continued) 11. MAYOR'S REPORTS A. Ratification of the appointment of Daniel Linder to the Library Board of Trustees. B. Ratification ofthe appointment of Shirley Linder to the Library Board of Trustees. C. Ratification of the appointment of Georgie Stillman to the Library Board of Trustees. ACTION: Mayor Cox moved to ratifY the appointment of Daniel Linder, Shirley Linder, and Georgie Stillman to the Library Board of Trustees. Councilmember Castaneda seconded the motion, and it carried 5-0. D. Consideration of adoption of a Resolution declaring the City Council's concern for the health care of Chula Vista's residents if the UCSD New Vision for Healthcare Plan is implemented, and expressing a desire that UCSD maintain acute-care hospital beds in its Hillcrest location. Mayor Cox stated that information pertaining to this item had been placed on the dais. Councilmember Castaneda recused himself out of an abundance of caution due to a potential relationship with one of the entities involved in the matter. He then left the Chambers. Mayor Cox stated the health care in the South Bay was very fragile, especially with the recent loss of Paradise Valley Hospital as a not-for-profit institution. She and others in the community have become concerned that the type of health care residents of the South Bay had come to know and trust would no longer be available, which prompted the drafting of the resolution before the Council. She expressed pleasure in receipt today of a letter from Mr. Richard Liekweg, CEO, UCSD Medical Center, and she called on Mr. Liekweg, who had asked to address the Council. Richard Liekweg, CEO, UCSD Medical Center, committed to continuing the longstanding service to all patients served throughout San Diego, and to making substantial financial commitments to improve and expand services at the Hillcrest and East Campus in La Jolla. Additionally, he stated that UCSD endorsed the findings of the San Diego County Health Care Safety Net Study and was actively participating in public/private work groups to help implement the recommendations, including the one focused on the South Bay. In closing, Mr. Liekweg reiterated that UCSD was committed to continuing to provide world class service in health care services, research and academic training in San Diego, including the South Bay, and he looked forward to further discussions and dialogue to ensure all San Diegans have the best health care. Jose Calderon, resident of Bonita, member of the UCSD Board of Overseers, President of the Mexican! American Business and Professional Association, and a recent member of the Scripps Mercy Hospital Chula Vista Advisory Board, urged the Council to support the proposed resolution. She thanked UCSD for its recent public statement that is was reevaluating its plan to close the hospital in Hillcrest, and stated that everyone in the South Bay should encourage the university to change its plans and keep in-patient beds in Hillcrest past 2030. Page 7 - Council Minutes httn://www.chulavistaca.2:0V March 27, 2007 OTHER BUSINESS (Continued) Mayor Cox stated that once the City's Health Care Commission is formed, it will join with the County to work with UCSD to encourage retaining the hospital site in Hillcrest. ACTION: Mayor Cox moved to adopt Resolution No. 2007-071, heading read, text waived: RESOLUTION NO. 2007-071, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CONCERN FOR THE HEALTH OF CHULA VISTA'S COMMUNITY IF THE UCSD NEW VISION FOR HEALTHCARE PLAN IS IMPLEMENTED, AND DESIRES THAT UCSD MAINTAIN ACUTE- CARE HOSPITAL BEDS IN ITS HILLCREST LOCATION Councilmember Ramirez seconded the motion, and it carried 4-0-] with Councilmember Castaneda abstaining. ]2. COUNCIL COMMENTS Deputy Mayor Rindone commented on the need to return to holding Council tours of the City every three or four months on Saturdays and suggested that one could be scheduled prior to the next budget workshop to view facilities and capital improvement projects. He then congratulated the American Little League on the grand opening of its facility at Hilltop Meadow. He also commended the City and other agencies involved in the career fair held this past Saturday and requested a report assessing the fair and making recommendations for future events. He thanked the Mayor for her attendance at the USFirst Robotics Competition and asked staff to alert the Council of such competitions in the future. He then reminded Councilmembers that the purpose of Closed Sessions was to ensure that the interests of all parties were protected, and discussions were to remain confidential. Councilmember Castaneda extended heartfelt thoughts and wishes on behalf of the Council, staff and residents to the family of Jose Puente, a City employee, upon his passing. He then stated that he had also attended the USFirst Robotics Competition with his son and had a lot of fun. He thanked Council Assistant Hodge for the invitation. Councilmember McCann extended his regards and condolences to the family of Mr. Puente. Councilmember Ramirez stated that he also had attended the USFirst Robotics Competition, and was proud that Hilltop High School had participated, the only school south of Interstate-8 that had done so. He then congratulated Deputy Mayor Rindone on his leadership. Mayor Cox noted that Hilltop High had won the 2007 Rookie Inspirational Award. Page 8 - Council M inules httD://www.chulavistaca.gov March 27, 2007 CLOSED SESSION At 7:42 p.m., Mayor Cox convened Closed Session to consider Items 13 and 14 only. She stated that Items 15 and 16 had been cancelled. 13. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(l) Title: City Manager No reportable action was taken on this item. 14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Concerned Citizens v. City ofChula Vista, Case No. GIC 862773; and B. JC Towing v. City ofChula Vista, Case No. GIC 869143 These items were not discussed. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) A. One Case This item was not discussed. ADJOURNMENT At 9:00 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of April 3, 2007 at 4:00 p.m. in the Council Chambers. 91bOOP~f~~lm Page 9 - Council Minutes htto://www.chulavistaca.2:0V March 27, 2007