HomeMy WebLinkAboutcc min 2000/12/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
December 5, 2000 4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:14
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, Califomia.
ROLL CALL
PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attomey Kaheny, City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PROCLAMATION PROCLAIMING TUESDAY, DECEMBER 5, 2000 AS "JOHN S.
MOOT DAY" IN THE CITY OF CHULA VISTA
Mayor Horton read the proclamation, and Councilmember Padilla presented it to Deputy Mayor
Moot. Mayor Horton also presented a plaque on behalf of Senator Steve Peace and the State of
Califomia, as well as parting gifts from the Council.
· PRESENTATION OF PLAQUE TO COUNCILMEMBER MOOT BY STEVE MILLER
ON BEHALF OF CHULA VISTA FIREFIGHTERS
Steve Miller presented the plaque to Deputy Mayor Moot and thanked him for his support of the
Chula Vista fire fighters.
· PRESENTATION TO COUNCILMEMBER MOOT BY BUDDY MAGOR ON
BEHALF OF THE CHULA VISTA POLICE OFFICERS ASSOCIATION
Lt. Magor presented parting gifts to Deputy Mayor Moot from the Chuia Vista Police Officers
Association and noted that a plaque was also being prepared.
· COMMENTS BY OUT-GOING COUNCILMEMBER JOHN MOOT
Deputy Mayor Moot thanked the Mayor, current and past Councilmembers, City staff, and the
community; discussed some of the projects accomplished during his tenure on the Council; and
expressed his vision that the Bayfront property be purchased and developed into a recreational
park for the entire community.
SPECIAL ORDERS OF THE DAY (Continued)
· RESOLUTION NO. 2000-431, 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, 2000 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, 2000. 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)
ACTION: Mayor Horton offered Resolution No. 2000-431, heading read, text waived. The
motion carded 5-0.
· OATH OF OFFICE FOR NEWLY ELECTED COUNCILMEMBERS MARY SALAS
AND JERRY RINDONE TO BE ADMINISTERED BY THE HONORABLE
FEDERICO CASTRO
The Honorable Judge Castro administered the oaths of office to Councilmembers Salas and
Rindone, who then took their seats at the dais..
COMMENTS BY COUNCILMEMBERS MARY SALAS AND JERRY RINDONE
Councilmember Salas thanked all her supporters and stated that she was honored to serve the
people of Chula Vista. She spoke of the City's rapid growth, emphasizing the importance of
ensuring the construction of State Route 125. She expressed pride for advocating the
establishment of a wildlife refuge and a Cultural Arts Center, and she pledged to work hard for
the betterment of the community.
Councilmember Rindone thanked his family, friends, and the voters for his successful return to
the Council and dedicated his victory to the memories of his father and brother. He promised to
represent the best interests of the citizens, ensure public safety, promote good ethics, work hard
with the Council and make a difference in Chula Vista.
· RECESS FOR RECEPTION FOR NEWLY ELECTED COUNCILMEMBERS
At 5:20 p.m., Mayor Horton declared a recess for the reception. The meefmg reconvened at 6:02
p.m.
ROLL CALL
PRESENT: Councilmembers Davis, Padilia, Rindone, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow
Page 2 - Council Minutes 12/05/2000
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH,
LEILANI HINES, COMMUNITY DEVELOPMENT SPECIALIST If, COMMUNITY
DEVELOPMENT DEPARTMENT
Community Development Director Salomone introduced Leilani Hines. Mayor Horton read the
proclamation, and Deputy Mayor Moot presented it to Ms. Hines.
· PRESENTATION BY VIVACE, A CHULA VISTA VOCAL TRIO - INTRODUCED
BY COUNCILMEMBER SALAS
Councilmember Salas introduced the local vocalists, Trio Vivace, and the group performed two
selections for the Council and audience. Ruth Arnett, a member of the trio, endorsed the creation
of the City' s proposed cultural arts center.
· PRESENTATION OF HIGHLIGHTS OF THE 2000 SEASON AT CHULA VISTA'S
ATTRACTIONS: ARCO OLYMPIC TRAINING CENTER, COORS
AMPHITHEATRE, KNOTT'S SOAK CITY U.S.A., CHULA VISTA NATURE
CENTER
Representatives of each attraction, as well as the Chula Vista Convention & Visitors Bureau,
presented their program highlights and accomplishments for 2000.
CONSENT CALENDAR
(Items 1 through 16)
1. APPROVAL OF MINUTES of Regular Meeting and Adjourned Regular Meeting of
November 14, 2000.
Staff recommendation: Council approve the minutes.
2. 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 November 14, 2000, there were
no actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
3. RESOLUTION NO. 2000-432, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF $10,902
FROM THE AGING AND INDEPENDENT SERVICES OF SAN DIEGO COUNTY
(AIS) FOR TELECONFERENCING EQUIPMENT TO ENABLE SENIOR SERVICES
TO START A TELECONFERENCING PROGRAM FOR HOMEBOUND SENIORS
AND PERSONS WITH DISABILITIES AND AUTHORIZING THE PARKS AND
RECREATION DIRECTOR TO EXECUTE SUCH AGREEMENT AND AMENDING
THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING UNANTICIPATED
GRANT REVENUE FUNDS IN THE AMOUNT OF $10,902 (4/STHS VOTE
REQUIRED)
Page 3 - Cotmcil Minutes 12/05/2000
CONSENT CALENDAR (Continued)
The Parks and Recreation Department wishes to partner with Aging and Independent
Services of San Diego County (ADS) to initiate a teleconferencing program for
homebound seniors and persons with disabilities by accepting a grant from AdS in the
amount of $10,902 for equipment and phone lines.
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2000-433, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA
BENEFITS PLAN FOR 2001
The Intemal 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. This resolution will fulfill this requirement. (Director of Haman Resources)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2000-434, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING SPECIFIED VOLUNTEERS TO BE
EMPLOYEES FOR THE PURPOSE OF WORKER'S COMPENSATION COVERAGE
In order to limit a public agency's liability as it relates to persons who provide voluntary
service without pay, it is necessary to distinguish between an employee and an
independent contractor. The California Labor Code, Section 3363.5 permits public
agencies to declare by resolution, for purposes of Workers' Compensation, that all or
certain designated volunteers are employees of that agency while performing such
services for the agency. This resolution will declare such for volunteers assigned to
specific City programs whose names are included in the City-wide volunteer database
and to members of all City boards and commissions. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2000-435, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS
AS IMPRACTICAL, APPROVING AN AGREEMENT WITH HARRELL &
COMPANY ADVISORS, LLC FOR FINANCIAL ADVISORY SERVICES RELATED
TO FINANCING THE POLICE HEADQUARTERS FACILITY AND CIVIC CENTER
REMODELING CAPITAL IMPROVEMENT PROJECTS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The Police headquarters facility and Civic Center remodeling capital improvement
projects are multi-million-dollar projects that will require long-term fmancing. The City
has historically utilized the services of a financial advisory fu'm to provide added
Page 4 - Council Minutes 12/05/2000
CONSENT CALENDAR (Continued)
insurance that the costs of borrowing are minimized. On two other borrowings that were
successfully concluded within the last ninety days, the Corporation Yard project and the
Redevelopment Agency financial plan, two different fmancial advisory firms were
chosen through the normal consultant selection process. Although both finns performed
well on those assignments, due to the complex nature of the Agency transaction, Harrell
& Co. was required to obtain a much more in-depth understanding of the City and is,
therefore, recommended for appoinlment to this assignment without going through
another formal selection process. (Deputy City Manager Powell)
Staff recommendation: Council adopt the resolution.
7.A. RESOLUTION NO. 2000-436, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE
PROGRAMMING AND PREPARATION OF A MASTER PLAN FOR THE NEW
POLICE FACILITY AND CIVIC CENTER COMPLEX, APPROPRIATING FUNDS
THEREFOR, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (4/STHS VOTE REQUIRED)
B. RESOLUTION NO. 2000-437, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX EXEMPT
OBLIGATIONS TO FINANCE THE CITY'S NEW POLICE FACILITY AND CIVIC
CENTER EXPANSION AND DIRECTING STAFF TO RETURN WITH A
FINANCING PLAN
At its October 23, 2000 workshop, Council directed staff to eliminate Friendship Park
from further analysis for the siting of a new police facility. Council also directed staff to
look at the other sites that had been previously considered and which will accommodate
the police facility and program as described by the consultants. It is staff's intent to
reevaluate the sites using the relevant criteria, including proximity to the Civic Center
and Third Avenue/Downtown corridor, consolidation of government services, facilitation
of redevelopment efforts, ease of ingress and egress, and cost. The new direction to the
consultant necessitates a change in the scope of work approved in the original agreement
with Highland Partnership, Inc. (Assistant City Manager Morris)
Staff recommendation: Council adopt the resolutions.
8. REPORT REGARDING EXTENDING THE TEMPORARY CLOSURE OF CENTER
STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN
FARMERS' MARKET ON THURSDAY AFTERNOONS FOR A TWO-YEAR
PERIOD, SUBJECT TO CONDITIONS OF APPROVAL AND REQUESTING
PERMISSION TO PROVIDE A RECOMMENDED ALTERNATIVE SITE IN
FEBRUARY 2001
Page 5 - Council Minutes 12/05/2000
CONSENT CALENDAR (Continued)
On November 14, 2000, Council approved an extension of the Downtown Farmers'
Market to include the southernmost lane of Center Street from Church Avenue to Dd
Mar Street. Council amended the resolution to include the recommendation that staff
look at alternative sites for the location of the Farmers' Market. To facilitate a more open
layout, staff has identified three alternative sites for review. These include Park Way at
Memorial Park, the parking lot south of Davidson on Landis Avenue, and the parking lot
north of Davidson on Landis Avenue. The alternative sites will be analyzed for
environmental, traffic, safety, and financial impacts, along with citizen reviews. The
Downtown Business Association and Town Centre I Project Area Committee must
endorse the site. In addition, staff will analyze management techniques that might allow
the operation to cont'mue in its current location. (Director of Community Development)
Staff recommendation: Council accept the report and permit staff to retttm with a
recommended alternative site in February, allowing time for appropriate departmental
and citizen reviews.
9. RESOLUTION NO. 2000-438, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SUPPORTING THE EXPANSION OF THE SAN
YSIDRO/OTAY MESA ENTERPRISE ZONE AND TARGETED EMPLOYMENT
AREA TO INCLUDE CERTAIN AREAS IN THE CITY OF CHULA VISTA;
APPROVING AGREEMENTS WITH THE CALIFORNIA TRADE AND
COMMERCE AGENCY, THE CITY OF SAN DIEGO AND THE PORT OF SAN
DIEGO REGARDING ZONE EXPANSION AND IMPLEMENTATION; AND
APPROPRIATING $29,500 FROM THE GENERAL FUND TO SUPPORT THE
EXPANDED ENTERPRISE ZONE PROGRAM (4/5THS VOTE REQUIRED)
The City of San Diego has requested that the California Trade and Commeme Agency
expand the existing San Ysidro / Otay Mesa Enterprise Zone and Targeted Employment
Area to include certain areas in Chula Vista, including property owned by the Unified
Port District of San Diego, and other property and business owners such as BF Goodrich
and Raytheon. The proposed expansion would involve a regional partnership between
the City of Chula Vista, the City of San Diego and the Port of San Diego, with each
providing funding and/or programmatic support for the expanded Enterprise Zone.
(Director of Community Development)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2000-439, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE BIDDING PROCESS AS IMPRACTICAL,
APPROVING AN AGREEMENT WITH ESTRADA LAND PLANNING, INC., FOR
PLANNING AND DESIGN CONSULTANT SERVICES FOR PHASE I OF THE
CHULA VISTA ENTRYWAY BEAUTIFICATION PROJECT, AND
APPROPRIATING $58,000 FROM THE UNAPPROPRIATED FUND BALANCE OF
THE GENERAL FUND TO IMPLEMENT THE PROJECT (4/5THS VOTE
REQUIRED)
Page 6 - Council Minutes 12/05/2000
CONSENT CALENDAR (Continued)
The "E" and "H" Street segments between I-5 and Broadway, and the Palomar segment
between I-5 and Industrial Blvd. have long been considered primary entryways into the
City that are in need of revitalization. The purpose of this project is to create a thematic
approach to these entryways and corridors, emphasizing the City's unique character and
providing an enticing door to the City's downtown and waterfront areas. In September
2000, a Request for Response (RFR) was issued to prospective planning and design
consultants to draft the scope of work. Estrada Land Planning, Inc. was selected as the
consultant due to their response to the scope of work, extensive planning and design
experience, and satisfactory work on other projects of similar nature in other
jurisdictions. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
11 A. RESOLUTION NO. 2000-440, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT
NO. 96-04A, OTAY RANCH, VILLAGE ONE, PHASE SEVEN, NEIGHBORHOODS
R-17 & R-16, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE
GENERAL UTILITY AND ACCESS EASEMENTS, AND THE WALL EASEMENTS
GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING
ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF
FEE INTEREST FOR OPEN SPACE LOTS J, K, AND L, APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENTS
B. RESOLUTION NO. 2000-441, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE "B' MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE
ONE, PHASE 7, NEIGHBORHOODS R-16 AND R-17, CHULA VISTA TRACT NO.
96-04A, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTION NO. 19448, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
On May 4, 1999, by Resolution No. 19448, Council approved a Tentative Subdivision
Map for Chula Vista Tract 96-04A, Otay Ranch, SPA One, Village One, Phase Seven.
On May 9, 2000 by Resolution 2000-208, Council approved Village One "A' Map No. 2.
On October 24, 2000 by Resolution 2000-371, Council approved the fncst "B' Map
within Village One, Phase Seven. Adoption of the resolutions will approve two
additional "B" maps within Phase Seven. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
12. RESOLUTION NO. 2000-442, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF TWELVE (12)
APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR THE FEDERAL FISCAL YEAR 2002/2003 HAZARD
ELIMINATION SAFETY PROGRAM
Page 7 - Council Minutes 12/05/2000
CONSENT CALENDAR (Continued)
The Federal Surface Transportation Assistance Act of 1982 created the Hazard
Elimination Safety (HES) program by combining several existing safety programs. The
HES Program provides funds for safety improvements to all public roads and highways,
except for the interstate system. These funds serve to eliminate or reduce the number and
severity of traffic accidents at hazardous public roads and highway locations, sections,
and elements. CalTrans regulations require that official applications be submitted in
order for projects to be considered for funding. In order for an application to be official,
Council must approve a resolution authorizing submittal of the Federal Fiscal Year
2002/2003 HES program. Projects are chosen and then approved for funding after the
applications have been evaluated by CalTrans. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2000-443, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $88,000.00 FROM THE
UNAPPROPRIATED BALANCE OF THE GAS TAX FUND AND $337,031.50 1N
UNANTICIPATED REVENUE FROM THE SAN DIEGO GAS & ELECTRIC
COMPANY (SDG&E) INCENTIVE PROGRAM TO A NEW CAPITAL
IMPROVEMENT PROJECT TRAFFIC SIGNAL LAMP REPLACEMENT
PROGRAM (TF-291); APPROVING A GOVERNMENTAL AGENCY
PARTICIPATION AGREEMENT WITH SAN DIEGO GAS & ELECTRIC COMPANY
FOR THE REPLACEMENT OF INCANDESCENT LAMPS TO LIGHT EMITTING
DIODE (L.E.D.) LAMPS; AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT, AND AUTHORIZING THE PURCHASING AGENT TO ENTER
INTO A CONTRACT WITH SYNCHRONEX FOR THE PURCHASE OF TRAFFIC
SIGNAL L.E.D. LAMPS (4/5THS VOTE REQUIRED)
The City is in a position to save approximately $74,000.00 per year in energy costs by
switching the green traffic signal indication lamps from incandescent lamps to light
emitting diode (L.E.D.) lamps. San Diego Gas & Electric Company has an incentive
program that offers up to $175.00 rebate per light. The proposed project must be
completed by June 30, 2001 in order to receive the incentive. This project is part of the
City's overall carbon dioxide reduction and energy conservation plan. (Director of Public
Works)
Staff recommendation: Cotmcil adopt the resolution.
14. RESOLUTION NO. 2000-444, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO KEN
GRODY FORD IN THE AMOUNT OF $129,282.16 FOR EIGHT INTERMEDIATE
SEDANS THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF SAN
DIEGO
Page 8 - Council Minutes 12/05/2000
CONSENT CALENDAR (Continued)
The City of Chula Vista is participating in a ctmrent City of San Diego bid from Ken
Grody Ford to purchase eight intermediate sedans. Municipal Code Section 2.56.140 and
Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids
with other government agencies for the purchase of materials of common usage. The
City of San Diego publicly advertised the bid as required by state law. In addition, one
local dealer, Fuller Ford, was sent a bid package. At City staff's request, People's
Chevrolet will now be added to the mailing list for future bids. None of the dealerships
from Chula Vista were awarded the bid. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION NO. 2000-445, RESOLUTION OF THE CITY COUNICL OF THE
CITY OF CHULA VISTA APPROV1NG ONE-YEAR EXTENSION OF THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LAW CRANDALL,
A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.,
FOR MATERIALS TESTING AND GEOTECHNICAL CONSULTING SERVICES
AND INCREASING THE MAXIMUM COMPENSATION FOR THE AGREEMENT
TO $750,000
On December 15, 1998, Council adopted Resolution No. 19296, approving a two-year
agreement with Law Crandall to provide materials testing and geotechnical engineering
consulting services from January 1, 1999 to December 31, 2000. On March 21, 2000,
Council adopted Resolution No. 2000-090, approving an increase in the maximum
compensation for said services from $200,000 to $400,000 through December 3 I, 2000.
Said agreement includes a provision giving the City the option to extend the original two-
year agreement for one additional year from January 1, 2001 to December 31, 2001 upon
mutual agreement between the City and the Consultant. Staff recommends that the City
exercise said option based upon Law Crandall's satisfactory performance. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
16. RESOLUTION NO. 2000-446, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, WAIVING INCONSEQUENTIAL BID
DEVIATION, AWARDING CONTRACT FOR THE "PARKWAY POOL RE-
SURFACING/RE-LAMPING IN THE CITY OF CHULA VISTA, CA. (PR-223)"
PROJECT TO MISSION POOLS OF ESCONDIDO IN THE AMOUNT OF $407,599,
AWARDING ALTERNATE (SECTION 01030) TO MISSION POOLS OF
ESCONDIDO IN THE AMOUNT OF $28,775, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
On November 28, 2000, the Director of Public Works received sealed bids for the
Parkway Pool resurfacing/re-lamping project, which provides for renovation work within
and adjacent to the existing swimming pool located at the Parkway Gymnasium site.
Parkway Gynmasium is located at the northeast quadrant of the Fourth Avenue and Park
Page 9 - Council Minutes 12/05/2000
CONSENT CALENDAR (Continued)
Way intersection. The renovation work to be done generally consists of demolition,
installation of new construction, concrete work required for decks and walkways, finish
work (plaster and tile) as required for the interior of the pool, installation of luminaries,
some circulation piping and a surge pit. The work also includes all labor, material,
equipment, transportation, protection and restoration of existing improvements, and all
appurtenances and other work necessary for completion of the project.
Staff recommendation: Council adopt the resolution.
With regard to Item #12, Mayor Horton asked if improvements to the south side of Third
Avenue, where the road narrows, would quality for the program. Public Works Director Lippitt
responded that the proposed projects had to meet certain criteria, and the project in question may
require right-of-way acquisition and possibly relocating a building. Mayor Horton asked staff to
include the south side of Third Avenue, Anita Street to Main Street, in the list for the Hazard
Elimination Safety program.
ACTION: Mayor Horton offered the Consent Calendar, headings read, texts waived. The
motion carried 5-0.
ORAL COMMUNICATIONS
Dan Beintema, Director, Chuia Vista Nature Center, announced the South Bay Holiday Food and
Toy Drive on Saturday, December 9, 2000, and invited the community to participate.
PUBLIC HEARINGS
17. CONSIDERATION OF ESTABLISHING UTILITY UNDERGROUND DISTRICT NO.
132 ALONG BONITA ROAD FROM THE EASTERN CITY LIMITS TO OTAY
LAKES ROAD AND ON OTAY LAKES ROAD FROM BONITA ROAD TO
CAMINO DEL CERRO GRANDE/SURREY DRIVE
On October 24, 2000, by Resolution No. 2000-378, Council ordered a Public Heating to
be held on December 5, 2000 to determine whether the public health, safety or general
welfare requires the formation of a utility underground district along Bonita Road from
the eastern City limits to Otay Lakes Road and on Otay Lakes Road from Bouita Road to
Camino del Cerro Grande/Surrey Drive. The purpose of forming the district is to require
the utility companies to underground all overhead lines and to remove all existing
wooden utility poles within the proposed district. The proposed utility undergrounding
district is about 4,350 feet long along Otay Lakes Road and 800 feet along Bouita Road
and will be mostly high voltage (65KV) transmission line conversion. This project will
cost approximately $2,730,000 for both streets ($2,250,000 for Otay Lakes Road and
$480,000 for Bouita Road). SDG&E's allocation funds (Rule 20-A) will be used to cover
the cost of the project, including reimbursements to affected property owner(s) for their
respective underground conversion cost. (Director of Public Works)
Page 10 - council Minutes 12/05/2000
PUBLIC HEARINGS (Continued)
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 Horton opened the public hearing. There being no members of the public wishing to
speak, the heating was closed.
ACTION: Councilmember Rindone moved to adopt Resolution No. 2000-447, heading read,
text waived:
RESOLUTION NO. 2000-447, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 132 ALONG BONITA ROAD FROM THE EASTERN CITY
LIMITS TO OTAY LAKES ROAD AND ON OTAY LAKES ROAD FROM
BONITA ROAD TO CAMINO DEL CERRO GRANDE/SURREY DRIVE AND
AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS
TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION
The motion carried 5-0.
ACTION ITEMS
18. CONSIDERATION OF ACCEPTANCE OF BIDS AND AWARD OF CONTRACT
FOR THE GREG ROGERS PARK IMPROVEMENTS PROJECT (PR-169)
On November 17, 2000, the Director of Public Works received sealed bids for the Greg
Rogers Park improvements project (PR-169). This project provides for improvement
work within the existing ball field portion of the Greg Rogers Park site. Greg Rogers
Park is located on the east side of Oleander Avenue between East Naples Street and East
Palomar Street. The improvement work to be done includes grading, excavation and
compaction, demolition of existing improvements, associated park and ball field lighting,
associated irrigation and landscaping, fencing, hardscape areas, site building work,
retaining walls, construction of a concession stand/restroom building, and construction of
an accessible parking area and accessible walkways from the parking lot to the ball fields
in compliance with American's Disability Act. The work also includes all labor,
material, equipment, transportation, protection and restoration of existing improvements,
traffic control, and all appurtenances and other work necessary for completion of the
project. (Director of Public Works)
ACTION: Councilmember Rindone offered Resolution No. 2000-448, heading read, text
waived:
Page 11 - Council Minutes 12/05/2000
ACTION ITEMS (Continued)
RESOLUTION NO. 2000-448, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING LOWEST
BID DUE TO DEVIATIONS IN BID PROPOSAL, AND AWARDING
CONTRACT FOR THE GREG ROGERS PARK IMPROVEMENTS PROJECT
(PR-169) TO FAMANIA CONSTRUCTION, INC., IN THE AMOUNT OF
$410,212, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
The motion carded 5-0.
19. CONSIDERATION OF ELECTION CHALLENGE REQUEST BY CITY COUNCIL
CANDIDATE MIKE DIAZ
On November 29, 2000, Council candidate Mike Diaz filed a request to challenge the
results of the November 7, 2000 election for City Council Seat #3. He is alleging that
Council candidate Jerry Rindone was not eligible to nm for the Council seat under City
of Chula Vista Charter Section 300D.
Councilmember Rindone recused himself from discussion on the item and left the dais.
Mike Diaz provided documentation to substantiate his claim that Jerry Rindone was not eligible
to run for office under provisions set forth in the City Charter.
Donald Wo~ey, from the law firm of Stephenson Worley Garratt Schwartz Garfield & Prairie
and representing Jerry Rindone, provided Council with a letter dated December 5, 2000, stating
that he did not believe any investigation or fact finding would be necessary since Jerry Rindone
had not violated the Charter.
ACTION: Mayor Horton moved to direct the City Attomey to prepare a legal analysis and
recommendation for Council consideration at the December 12, 2000 meeting.
The motion carded 4-0-1, with Councilmember Rindone abstaining.
OTHER BUS1NESS
20. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
City Manager Rowlands noted that a workshop regarding stop signs has been scheduled for
January 18, 2001.
21. MAYOR'S REPORTS
A. Appointment of Deputy Mayor.
ACTION: Mayor Horton moved to appoint Patty Davis as Deputy Mayor. Councilmember
Salas seconded the motion and it carried 5-0.
Page 12 - Council Minutes 12/05/2000
OTHER BUSINESS (Continued)
B. Proposed City Council committee assignments.
Mayor Horton noted that she had previously discussed the assignments with Councilmembers.
No action was taken.
22. COUNCIL COMMENTS
A. Councilmember Salas - Direction to staff to rezone Friendship Park from
professional offices to park-related purposes only.
ACTION: Councilmember Salas moved to direct staff to proceed with the process to rezone
Friendship Park for park-related purposes only. Councilmember Padilia seconded
the motion, and it carried 5-0.
Councilmember Rindone stated that these are excit'mg times for the City and that he was glad to
be back on the Council and was ready to proceed.
CLOSED SESSION
23. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· Claim no. 00-14-027
ACTION: Instructions were given to Cotmsel.
24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· City of Chula Vista v. Barnhart Construction, et al (SDSC No. GIS3859)
ACTION: No action was taken.
25. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· One case (Project no. 970101)
ACTION: Instructions were given to Counsel.
26. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
City Negotiator: City Manager
Employee organizations: Chula Vista Police Officers Association
ACTION: Inslructions were given to Counsel.
Page 13 - Council Minutes 12/05/2000
ADJOURNMENT:
At 8:15 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of December 12,
2000, at 6:00 p.m. in the Council Chambers.
Respectfully submitted
Susan Bigelow, CMC, AAE, City Clerk
Page 14 - Council Minutes 12/05/2000