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HomeMy WebLinkAboutcc min 2007/04/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 3, 2007 4:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 4:00 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, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY CAPTAIN DON HUNTER OF EMPLOYEE OF THE MONTH, JOHNNY JACKSON, COMMUNITY SERVICE OFFICER Captain Hunter introduced Johnny Jackson, and Deputy Mayor Rindone presented him with a proclamation. . OATHS OF OFFICE Daniel and Shirley Linder, Board of Library Trustees Georgie Stillman, Board of Library Trustees City Clerk Bigelow administered the oath of office to Daniel and Shirley Linder and Georgie Stillman, and Deputy Mayor Rindone presented them with certificates of appointment. CONSENT CALENDAR (Items I through 6) With reference to Item 2, Councilmember McCann stated that he would register a no vote because the current process requires the request to be considered by the Council, and the proposed process would remove the Council from the process except to hear appeals. Mayor Cox requested confirmation that an appeal would still come before the Council, but if the Mayor or Council felt a need to hear the matter directly, a request could be heard at the Mayoral/Council level. Deputy City Attorney Maland responded affirmatively. Councilmember Castaneda stated that the proposed policy would streamline the process, and the City Attorney's Office should be the entity to analyze conflicts of interest. Councilmember McCann believed it was not CONSENT CALENDAR (Continued) appropriate to delegate requests for waivers to the City Attorney, as the Council has the ultimate authority. Additionally, he expressed discomfort with the lO-day appeal process and noted that information regarding confidentiality could be reviewed in Closed Session. He said it ultimately came down to transparency, and if the authority was with the Council, then the Council should be the decision-makers. Mayor Cox asked the prime motivation by the Attorney's Office to propose an ordinance change. Deputy City Attorney Maland responded that the attorneys have found the present process cumbersome and detrimental to the requestors' representation of their clients because it delays the ability to move forward as expediently as they should. Deputy Mayor Rindone stated that the current process not only ensures transparency, but also ensures that something is not overlooked. With reference to Item 3, Councilmember Castaneda requested clarification on the request for an additional $20,000 for in-house staff costs for the proposed project. Acting Assistant City Manager Tulloch responded that after reviewing the contract, staff found that they would need to provide much of the source of the information that the consultant would need in order to perform the study, and that there would be no additional staff needs, only the allocation of funds in order to draw against the appropriate project. With reference to Item 4, Councilmember Castaneda asked why the City was not utilizing the newer and more cost-effective nylon/resin material technology for the repair of the corrugated metal pipes. Director Griffin responded that since the existing pipes are is such poor condition, the nylon/ resin liner would not work. With reference to Item 4, Deputy Mayor Rindone expressed concern about the funding source for the proposed project, which would appear to reduce funding available for an item already identified by the Council as a high priority for western Chula Vista. Director Griffin replied that the western Chula Vista infrastructure funds are bond funds borrowed specifically for the purpose of performing drainage improvements in western Chula Vista. 1. WRITTEN COMMUNICATIONS A. Letter of resignation from Jason Harmon, member of the International Friendship Commission B. Letter of resignation from Joe Little, member of the Growth Management Oversight Commission Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY COUNCIL POLICY REGARDING CONSIDERATION OF ATTORNEY REQUESTS FOR WAIVERS OF POTENTIAL CONFLICT OF INTEREST Page 2 - Council Minutes htto://www.chulavlstaca.2:0V April 3, 2007 CONSENT CALENDAR (Continued) The City periodically receives conflict of interest waiver requests from attorneys who were formerly employed by the City or who have served as outside counsel to the City. The requests arise out of the California Rules of Professional Conduct, governing attorneys who practice law in California, which require the attorney to obtain a written consent of a current or former client before beginning or continuing the representation of another client. Adoption of the resolution establishes procedures by which the City Attorney would review each request, includes an appeal period of the City Attorney's decision to the City Council, and allows for the Mayor or any Councilmember to request to hear the matter directly. (City Attorney) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2007-072, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $70,000 FROM THE AVAILABLE BALANCE OF THE TRUNK SEWER CAPITAL RESERVE FUNDS TO PROJECT NO. SW249 FOR THE PREPARATION OF A JOINT FEASIBILITY STUDY FOR THE CONSTRUCTION OF A WASTEWATER RECLAMATION PLANT (4/5THS VOTE REQUIRED) The City prepared a Wastewater Master Plan update concurrent with the General Plan update, which estimated that the City would require additional treatment capacity for five to six million gallons per day at build-out. Several options are being pursued to meet this need. The City has partnered with Sweetwater Authority and Otay Water District for a joint feasibility study of a wastewater reclamation plant to serve the needs of the three agencies, the study cost to be shared by the three agencies. Adoption of the resolution appropriates up to $70,000 for the City's share of the costs for the preparation of the study. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2007-073, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING CAPITAL IMPROVEMENT PROJECT ENTITLED "CMP STORM DRAIN PIPE REHABILITATION PROGRAM PROJECT, PHASE IV" (DR-169), AND TRANSFERRING EXISTING FUNDS FROM CIP "WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) PROJECT TO (DR-169) FOR SAID PURPOSE (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2007-074, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "CMP STORM DRAIN PIPE REHABILITATION PROGRAM (DR-169) PROJECT, PHASE IV, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT As part of an ongoing program to rehabilitate corrugated metal drainage pipe (CMP) throughout the City, staff has surveyed and identified a number of storm drain facilities that are deteriorated and in need of rehabilitation. Adoption of the resolutions establishes a project and transfers funds to allow the removal and replacement of drainage facilities at six locations. (General Services Director) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes httD:llwww.chulavistaca.l!OV April 3, 2007 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2007-075, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $65,000 FROM THE OFFICE OF TRAFFIC SAFETY, AMENDING THE FISCAL YEAR 2006/2007 POLICE DEPARTMENT BUDGET FOR THE CLICK IT OR TICKET PROGRAM, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Office of Traffic Safety has awarded $65,000 to the Police Department for the Click It or Ticket Program in support of the national program. Adoption of the resolution allows for the funds provided by the grant to be utilized to increase the level of seat belt enforcement hours on an overtime basis for first-line supervisors and officers and administrative time to meet grant reporting requirements. (Police Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-076, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $87,266 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND The City currently has unclaimed monies in the cash bond deposit fund. The money was deposited by the Police Department in accordance with Government Code Section 50050. In accordance with the Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. (Police Chief) ACTION: Staff recommendation: Council adopt the resolution. ACTION: ACTION: ACTION: Councilmember Castaneda moved to approve staff's recommendations and approve Consent Calendar Items I, 5 and 6, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmember Castaneda moved to approve staff's recommendation and approve Consent Calendar Item 2, heading read, text waived. Councilmember Ramirez seconded the motion, which failed 2-3, with Deputy Mayor Rindone and Councilmembers McCann, and Ramirez voting no. Councilmember Castaneda moved to approve staff's recommendation and approve Consent Calendar Item 3, heading read, text waived. Councilmember McCann seconded the motion, and it carried 5-0. Deputy Mayor Rindone moved to approve staff's recommendation and approve Consent Calendar Item 4, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 4 - Council Minutes htto://www.chulavistaca.2:0V April 3, 2007 PUBLIC COMMENTS There were none. ACTION ITEMS 7. CONSIDERATION OF CONSENTING TO THE TRANSFER OF THE TERESINA APARTMENT PROJECT FROM EAGLE LOMAS VERDES, L.P. TO EQUITY RESIDENTIAL The existing owner would like to sell the project and transfer all obligations under the bonds to Equity Residential. Adoption of the resolution approves the transfer of the project and authorizes the City Manager to execute all related documents necessary. (Acting Community Development Director) Housing Manager Mills presented the staff report on the project. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-077, heading read, text waived: RESOLUTION NO. 2007-077, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO THE TRANSFER OF THE TERESINA APARTMENTS PROJECT FROM EAGLE LOMAS VERDES, L.P. TO EQUITY RESIDENTIAL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS NECESSARY IN THE TRANSFER Deputy Mayor Rindone seconded the motion, and it carried 5-0. 8. CONSIDERATION OF REJECTING THE FIRST AND SECOND BIDS AND ACCEPTING BID AND AWARDING CONTRACT FOR THE "OTAY PARK IMPROVEMENT PROJECT" On March 16, 2007, the Director of General Services received sealed bids for the Otay Park improvement project (PR-284). The work consists of constructing a practice softball field with multipurpose field overlay; improving site drainage, including a portion located in an easement over school property; and providing picnic areas, a performance area, new walks, lighting, planting and irrigation. (General Services Director) Director of General Services Griffin presented the staff report on the project. Councilmember Castaneda asked staff to provide a report in the future on proposed renovations to the Women's Club and ways to protect the integrity of the structure. Page 5 - Council Minutes htto:! /www.chulavistaca.l!OV April 3, 2007 ACTION ITEMS (Continued) Councilmember McCann asked staff to provide an update of past reports regarding drug use and crime at the restroom facilities in Otay Park. Director Griffin responded that the proposed park design incorporates the already improved restrooms, as well as improvements to one of the playground areas. Councilmember McCann then asked about adequate lighting, and Director Griffin replied that significant lighting improvements have been incorporated into the proposed plans. Councilmember Ramirez asked staff how mathematical bidding errors were handled. Director Griffin replied that in the event of mathematical errors, staff would advise the City Attorney's Office and recommend whether or not the bid should be rejected. Councilmember Ramirez questioned whether or not staff analyzes differentials in the City's bid estimates and those received by the bidders. Director Griffin responded that staff would typically review estimates that appear to be significantly different. ACTION: Mayor Cox moved to adopt Resolution Nos. 2007-078 and 2007-079, headings read, texts waived: RESOLUTION NO. 2007-078, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE FIRST AND SECOND LOW BIDS AND ACCEPTING AND AWARDING THE CONTRACT FOR THE "OTAY PARK IMPROVEMENTS PROJECT" (PR-284) TO THE THIRD LOWEST BIDDER, LANDMARK SITE CONTRACTORS, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXPEND ALL AVAILABLE CONTINGENCIES IN THE PROJECT (4/5THS VOTE REQUIRED) RESOLUTION NO. 2007-079, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTER-PROJECT TRANSFER FROM THE "WESTERN CHULA VISTA FINANCING PROJECT" (GG-188) TO THE "OTAY PARK IMPROVEMENTS PROJECT' (PR-284) AS NECESSARY TO COMPLETE THE PROJECT Councilmember McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 9. CITY MANAGER'S REPORTS Interim City Manager Thomson reported that there would be no Council meeting on April 10, 2007. Additionally, he reminded everyone of the Council workshop on infrastructure management on April 5, 2007, at 6:00 p.m. at the John Lippitt Public Works Center. Page 6 - Council Minutes httu:llwww.chulavistaca.gov April 3, 2007 OTHER BUSINESS (Continued) 10. MAYOR'S REPORTS A. Ratification of the appointment of Terry Jensen to the Veterans Advisory Commission. ACTION: Mayor Cox moved to appoint Terry Jensen to the Veterans Advisory Commission. Councilmember McCann seconded the motion, and it carried 5-0. II. COUNCIL COMMENTS Deputy Mayor Rindone directed staff to provide the Council with a status report on Redevelopment Agency projects. Additionally, he requested a briefing by the City Attorney's Office about a potential lawsuit against the City. Councilrnernber McCann wished everyone a Happy Easter. Councilmember Ramirez directed the City Attorney's Office to draft a Council Policy to address the circumstances under which the City should retain outside counsel due to the potential appearance of conflict that may arise if a matter is handled internally by the City Attorney's Office. The policy should specifically address the retention of outside counsel for advising the Board of Ethics and Charter Review Commission, and for providing legal opinions on initiatives that would impact City operations. Mayor Cox asked staff to come back to the Council with a preliminary report regarding Councilmember Ramirez' referral. CLOSED SESSION 12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(l) Title: City Manager No reportable action was taken on this item. 13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Concerned Citizens v. City of Chula Vista, Case No. GIC 862773; ACTION: The Council directed the City Attorney's Office to initiate litigation. Page 7 - Council Minutes htto:! /www.chulavistaca.lwv April 3, 2007 CLOSED SESSION (Continued) B. JC Towing v. City ofChula Visill, Case No. OlC 869143 No reportable action was taken on this item. C. Mory v. Chula Vista Police Department et aI., Case No. 06 CV 1460 JAH(BLM); and No reportable action was taken on this item. D. Mory v. City ofChula Vista. et aI., Case No. 07 CV 0462 No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION S49S6.9(b) One Case No reportable action was taken on this item. ADJOURNMENT At 8:00 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on Thursday, AprilS, 2007, at 6:00 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road. "/ , --- Lorraine Bennett, CMC, Deputy City Clerk Page 8 - Council Minutes htto ://www.chulavistaca.2:0V April 3, 2007