HomeMy WebLinkAboutcc min 2000/03/07 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
MARCH 7, 2000 4:00 P.M.
A Regular Meeting of the Chula Vista City Council was called to order at 4:20 p.m. in the
Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton.
ABSENT: Councilmembers: None
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
EMPLOYEE RECOGNITION AWARD OF THE MONTH - RICHARD ESTRADA,
PUBLIC WORKS TECHNICIAN II.
Director of Public Works Lippitt introduced Mr. Estrada, and Mayor Horton presented a
commendation to Mr. Estrada for his dedicated efforts on behalf of the City.
CONSENT CALENDAR
(Items 1 through 12)
Mayor Horton noted that there were requests to removed Consent Calendar Items #6, #7 and #9
for separate consideration.
1. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on February 29, 2000, there were
no actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
2 A. RESOLUTION NO. 2000-070, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E
TO G STREETS FOR THE CINCO DE MAYO CELEBRATION ON MAY 7, 2000,
WAIVING PROHiBITION ON SiDEWALK SALES, AND WAIVING BUSINESS
LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATiNG IN EVENT
Page 1 - Council Minutes 03/07/2000
CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2000-071, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROV1NG CLOSURE OF THIRD AVENUE FROM E
TO G STREETS FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL
ON AUGUST 6, 2000, WAIVING SIDEWALK SALES ORDINANCE, AND
WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT
C. RESOLUTION NO. 2000-072, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE
BETWEEN D AND I STREETS, H STREET BETWEEN SECOND AND FOURTH
AVENUE AND PORTIONS OF INTERSECTING STREETS ON SATURDAY,
DECEMBER 2, 2000, FOR THE 38TM ANNUAL STARLIGHT YULE PARADE
The Chula Vista Downtown Business Association (DBA) requests the closure of Third
Avenue for three 2000 promotional events. For the Cinco de Mayo celebration and the
Chula Vista Third Avenue Lemon Festival, the DBA requests that Third Avenue be
closed between E and G Streets from 6:00 a.m. to 8:00 p.m. on the respective dates for
each event. For the 38th Annual Starlight Yule Parade, the DBA requests Third Avenue
be closed between D and I Streets, H Street be closed between Second and Fourth
Avenues, and portions of intersecting streets be closed between 3:00 p.m. and 9:00 p.m.
(Director of Community Development)
Staff recommendation: Council adopt the resolutions.
3 A. RESOLUTION NO. 2000-073, RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
B. ORDINANCE NO. 2806-A, AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZiNG AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
In 1999, legislation was enacted that permits agencies contracting under the California
Public Employees' Retirement System to increase the lump sum death benefit paid upon
the death of a retiree to their survivors from the current $600 to $2,000, $3,000, $4,000 or
$5,000. The Border Chapter of the Retired Public Employees Association forwarded a
request to the Mayor and City Council requesting that the City consider increasing the
benefit to at least $2,000. (Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
Page 2 - Council Minutes 03/07/2000
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2000-074, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING THE ACTION TAKEN BY CITY COUNCIL
1N CLOSED SESSION ON FEBRUARY 22, 2000, AUTHORIZING THE
SETTLEMENT OF WORKERS' COMPENSATION CLAIM CV980125 (4/STn'S
VOTE REQUIRED)
This action will ratify the authorization to settle Workers' Compensation claim
CV980125 for $58,862.50. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2000-075, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $50,000 OF UNANTICIPATED ASSET
SEIZURE FUNDS FOR THE REPLACEMENT OF THREE UNDERCOVER
VEHICLES AND THE PURCHASE OF ONE NEW UNDERCOVER VEHICLE FOR
THE POLICE iNVESTIGATIONS UNITS (4/STHS VOTE REQUIRED)
The Comprehensive Crime Control Act of 1984 provides for the distribution of seized
and forfeited assets to the agencies participating in the investigation that resulted in the
seizure. These funds are disbursed to supplement the effectiveness of law enforcement
agencies. Staff recommends using some of these asset seizure funds for the pumhase of
four undercover vehicles. (ChiefofPolice)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2000-078, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING CONTRACT WORK FOR THE "MAIN
STREET IMPROVEMENT PROJECT BETWEEN INDUSTRIAL BOULEVARD AND
BROADWAY" (ST-961), APPROVING CHANGE ORDER 9, AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON
BEHALF OF THE CITY
On June 9, 1998, Council adopted a resolution awarding a contract in the amount of
$2,800,178.40 (plus contingencies of $574,821.60) to Wier Construction Corporation for
the project (CIP Project No. ST-961). The work is now complete, and the City may
accept the improvements. Adjustments to bid quantities resulted in an adjusted contract
amount of $2,763,970.80 ($36,207.60 less than the original contract), and Change Orders
totaled $99,294.29. Change Order 1, approved on October 13, 1998, totaled $22,162.50
for the installation of a parallel sewer main in Jacqua Street. The total construction cost
of the project is $2,853,993.74, which includes $2,763,970.80 for the adjusted contract
bid quantities, $99,294.29 for change orders, and $9,271.35 in credits/deductions. All of
these change orders were required because of unexpected field conditions and to
complete the work per City standards. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 03/07/2000
CONSENT CALENDAR (Continued)
10. RESOLUTION NO. 2000-080, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET OF
THE PLANNING AND BUILDING DEPARTMENT; ADDING EIGHT NEW
POSITIONS, CONVERTING TWO TEMPORARY EXPERT PROFESSIONAL
POSITIONS TO PERMANENT, AND RECLASSIFYING THE SUPERVISING
LANDSCAPE ARCHITECT TO PRINCIPAL LANDSCAPE ARCHITECT
EFFECTIVE MARCH 10, 2000, TO BE FUNDED BY SALARY SAVINGS; AND
APPROPRIATiNG $39,000 FROM THE AVAILABLE FUND BALANCE OF THE
PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR RELATED
EQUIPMENT (4/5T"'S VOTE REQUIRED)
As a result of an analysis of existing and proposed work programs, workload studies in
the Building Division and in the Landscape Architecture and Parks Development Unit,
and City-wide organizational restmcturing, staff is recommending the addition of eight
new positions in the Planning and Building Department, six of which will be transferred
with the Landscape Architecture and Parks Development Unit to the newly created Parks
and Recreation Department on July 1, 2000. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2000-081, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $50,000 FROM UNALLOCATED
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE CHULA VISTA
AMERICAN LITTLE LEAGUE AND AUTHORIZING THE MAYOR TO EXECUTE
THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT (4/5TINS
VOTE REQUIRED)
The Chula Vista American Little League (CVALL) is a non-profit organization run solely
by volunteers consisting of dedicated parents and coaches and has served the Chnla Vista
community for the past 40 years. CVALL has been displaced from various playing sites
due to school refurbishing, modemization and expansion programs ongoing throughout
Chula Vista. The Sweetwater Union High School District agreed in 1997 to allocate land
at Hilltop Middle School for the development of baseball fields. CVALL applied and
received Community Development Block Grant (CDBG) funds in the amount of $50,000
for fiscal year 1998-99 for construction of a little league sports complex located at Hilltop
Middle School. A joint use agreement has been executed between the City, Sweetwater
Union High School District and CVALL. The CDBG funds received in fiscal year 1998-
99 have been expended. The phased construction of the sports complex began on
January 24, 2000, and the primary components for two of the four baseball fields are
nearing completion. With the completion of the major components of the two baseball
fields, CVALL is requesting assistance in the amount of $50,000 for backstops and
fencing to place the fields in playing condition. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 03/07/2000
CONSENT CALENDAR (Continued)
12 A. ORDINANCE NO. 2807, AN ORDINANCE OF THE CITY OF CHULA VISTA
REPLACING CHAPTER 2.02 OF THE CHULA VISTA MUNICIPAL CODE IN ITS
ENTIRETY RELATING TO CONFLICT OF INTEREST CODE
B. RESOLUTION NO. 2000-082, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT
OF INTEREST CODE OF THE CITY OF CHULA VISTA
The proposed ordinance provides that persons required to file conflict of interest
statements under the City's Conflict of Interest Code may be designated by resolution
rather than by ordinance. The proposed resolution will serve as an appendix to the Code,
designating the titles of those officials required to file conflict of interest statements.
(City Clerk)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
With regard to Item #11, Mayor Horton thanked those who had raised ~mds or contributed to the
support of Chula Vista American Little League.
ACTION: Mayor Horton moved to approve staff recommendations and offered Consent
Calendar Items #1 through #5, #8, and #10 through #12, headings read, texts
waived. The motion carried 5-0.
6. RESOLUTION NO. 2000-076, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE 800 MHZ COMMUNICATIONS (RCS)
AGREEMENT AND DIRECTING STAFF TO RETURN WITH A DETAILED
FINANCING PLAN FOR INFRASTRUCTURE COSTS, EQUIPMENT PURCHASES
AND RELATED TRAINING
This is a proposal recommending approval of an agreement for the City to join the
Regional Communications System for co-use of the RCS 800 MHz system to support
radio operations for police, fire, public works, parks, recreation, building and housing,
and other related users. (Chief of Police, Fire Chief, Director of Public Works)
Councilmember Padilla asked why the agreement was being considered before the financing plan
was presented. Finance Director Powell responded that the project costs have not been finally
determined, and he identified the potential funding accounts.
ACTION: Councilmember Padilia offered Resolution No. 200-076, heading read, text
waived. The motion carried 5-0.
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CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2000-077, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "CHULA VISTA ANIMAL CARE FACILITY, AT 130 BEYER WAY IN THE
CITY OF CHULA VISTA, CA (GG-158)" PROJECT TO C & S DOCTOR, INC., IN
THE AMOUNT OF $1,904,856, APPROPRIATING AN ADDITIONAL $70,927 OF
PUBLIC FACILITIES DEVELOPMENT IMPACT FEE-CORPORATION YARD
(PFDIF-CORP YARD) FUNDS, AND APPROPRIATING $1,181,960 OF PFDIF-CORP
YARD FUNDS AS A LOAN TO THE GENERAL FUND (4/STH'S VOTE REQUIRED)
On February 9, 2000, the Director of Public Works received sealed bids for the project.
The work to be done includes construction of an animal shelter with kennels, grading and
earthwork, on and off-site utilities, paving, fire protection, mechanical, electrical and
incidental work. (Director of Public Works)
Councilmember Padilla asked how long the architectural design work would take to complete.
Assistant City Manager Morris responded that it could take six months to one year, which he
believed to be a reasonable length of time, to get to the construction drawings.
ACTION: Councilmember Padilla offered Resolution No. 2000-077, heading read, text
waived. The motion carded 5~0.
9. RESOLUTION NO. 2000-079, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE 1999/00 BUDGET TO ADD VARIOUS
PUBLIC WORKS DEPARTMENT/ENGINEERING DiVISION POSITIONS AND
APPROPRIATING $204,245 FOR RELATED EQUIPMENT AND VEHICLES FROM
THE UNAPPROPRIATED BALANCE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FUND (4/STH'S VOTE REQUIRED)
Additional staff in the Engineering Division of Public Works is needed to respond to the
continuing surge in land development activities as a result of growth in the City during
the past few years, and due to the significant staff involvement for the upcoming General
Plan amendment.
Mayor Horton asked regarding Disadvantaged Business Enterprise regulations relative to the
new positions.
ACTION: Mayor Horton offered Resolution No. 2000-079, heading read, text waived. The
motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
Page 6 - Council Minutes 03/07/2000
ACTION ITEMS
13. CONSIDERATION OF APPROVAL OF A LAND OFFER AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND NM HOMES TWO, INC. ET AL, FOR
CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY PURPOSES
In 1999, the City entered into a Letter of Intent with NM Homes Two, Inc. and other
associated companies, under which the City agreed to negotiate an Offer Agreement that
would provide for the conveyance of 536.9 acres to the City for a university site. Under
the terms of the proposed Land Offer Agreement, NM Homes would agree to convey
536.9 acres, which has been designated as a portion of the proposed university site, to the
City for future conveyance to the University of California or other qualified higher
education institution.
ACTION: Mayor Horton moved to continue this item to March 21, 2000. Cotmcilmember
Davis seconded the motion, and it carried 5-0.
OTHER BUSINESS
14. CITY MANAGER' S REPORTS
A. Scheduling of meetings.
City Manager Rowlands noted that the meeting of March 14, 2000, had been cancelled, and a
workshop was scheduled for March 16, 2000, at 4:00 p.m., in the City Council conference room.
15. MAYOR'S REPORTS
A. Ratification of appointment to the Mobilehome Rent Review Commission - Robert
Bliss
ACTION: Mayor Horton moved to ratify the appointment of Mr. Bliss to the Mobilehome Rent
Review Commission. Councilmember Davis seconded the motion, and it carried 5-0.
Mayor Horton stated that a matter had arisen since the publication of the agenda and that she
believed the Council should consider adopting a resolution opposing SB 402.
ACTION: Mayor Horton moved to find that an urgency exists, that the matter came up after
the agenda was published, and to add an item to the agenda: Councilmember
Davis seconded the motion and it carried 5-0.
15A. CONSIDERATION OF APPROVAL OF RESOLUTION IN OPPOSITION TO SB 402
ACTION: Mayor Horton moved to adopt Resolution No. 2000-083, Resolution of the City
Council of the City of Chula Vista opposing Senate Bill 402, Employer-Employee
Relations. Councilmember Davis seconded the motion, and it carded 5-0.
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16. COUNCIL COMMENTS
Deputy Mayor Moot asked that facts regarding alleged violations of the City's campaign
contribution ordinance and Fair Political Practices Commission regulations be forwarded to the
Council.
Councilmember Salas invited everyone to attend the 2nd Allnual Latino Film Festival from
March 7th through March 12th.
At 4:50 p.m., Mayor Horton recessed the meeting to Closed Session.
CLOSED SESSION
17. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
A. Property: Approximately seven acres located on Bonita Road
adjacent to the Chula vista Municipal Golf Course
Negotiating Parties: City of Chula Vista (Chris Salomone/Sid Morris), The
Phair Co., C.W. Clark and American Golf
Under Negotiation: Purchase price/lease rate and other terms and conditions for
possible disposition of City-owned property
This item was not discussed.
18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERN/ViENT CODE SECTION 54956.9(A)
A. Sanchez - Serrano v. City of Chula Vista (Superior Court)
No action was taken.
B. Loretz v. City of Chula Vista Mobilehome Rent Review Commission
Instructions were given to Counsel.
ADJOURNMENT
At 5:05 p.m., Mayor Horton adjourned the meeting to an Adjoin'ned Meeting on March 16, 2000,
at 4:00 p.m. in the Council Conference Room.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 8 ~ Council Minutes 03/07/2000