HomeMy WebLinkAboutcc min 2007/12/11
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December II, 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: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and
Deputy City Clerk Bennett
CALL TO ORDER
ROLL CALL:
Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR COX OF A PLAQUE TO RETIRING CITY CLERK
SUSAN BIGELOW
Mayor Cox recognized City Clerk Bigelow for her years of dedicated service and
professionalism, and for bringing the City Clerk's Office in to the 21 st Century with the
implementation of a records management system and video streaming of City Council Meetings,
and most recently, passport application services. Deputy Mayor Rindone then presented Ms.
Bigelow with a plaque of appreciation on behalf of the City Council. Ms. Bigelow thanked her
family for their unconditional support through the years, the citizens of Chula Vista for their trust
in the City Clerk's Office, the greater City staff for their trust and support, the City Council for
their support, and her staff for their professionalism and friendship.
. PRESENTATION BY MAYOR COX OF A PLAQUE TO RETIRING ASSISTANT
CITY MANAGER/LIBRARY DIRECTOR DAVID PALMER
Mayor Cox spoke on behalf of the City Council and thanked Assistant City Manager Palmer for
his 19 years of dedicated service to the City. City Manager Garcia then thanked Mr. Palmer for
his invaluable assistance, particularly during the past six months, his insight, and compassion.
He then presented Mr. Palmer with a plaque of appreciation. Mr. Palmer spoke of the many
opportunities afforded him during his tenure, which included projects such as construction of the
South Chula Vista Library, creating a joint library at the Eastlake High School campus,
development of Library, Recreation and Arts Master Plans, fund-raising programs, and the
growth of new technologies. He thanked both the current and past City Council and City staff for
the opportunity to serve the citizens, and to Mike Womble, for his support.
CONSENT CALENDAR
(Items I through 10)
Councilmember Castaneda stated he would be abstaining from voting on Item I, due to the
proximity of his residence to the district. Councilmember McCann stated he would be
registering a no vote on Item I, and would be abstaining from voting on Item 4, due to property
interests. Mayor Cox announced that Items I and 4 would be removed from the Consent
Calendar and considered separately.
1. Item I was removed from the consent calendar for discussion.
2. ORDINANCE NO. 3095, 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
FOLLOWING TITLES: ASSISTANT DIRECTOR OF REDEVELOPMENT AND
HOUSING, REDEVELOPMENT AND HOUSING MANAGER, ASSISTANT
DIRECTOR OF ENGINEERING AND GENERAL SERVICES/CITY ENGINEER,
ASSISTANT DIRECTOR OF PUBLIC WORKS, AS WELL AS THE DELETION OF
THE FOLLOWING TITLES: ASSISTANT DIRECTOR OF COMMUNITY
DEVELOPMENT, ASSISTANT DIRECTOR OF PUBLIC WORKS AND
OPERATIONS, AND HOUSING MANAGER (4/5THS VOTE REQUIRED) (SECOND
READING AND ADOPTION)
In order to achieve cost savings and improve efficiency, staff recommended the
reorganization of the development and maintenance services departments, which would
result in the elimination of nine positions at an estimated annual savings of $1.2 million.
These reorganizations were presented to Council at the November I, 2007 budget
workshop. This ordinance was introduced on December 4,2007. (City Manager)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE NO. 3096, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.32 OF THE CHULA VISTA MUNICIPAL CODE TO
REFLECT CHANGES TO THE PUBLIC UTILITIES COMMISSION RULE 20A ON
UTILITY UNDERGROUNDING (SECOND READING AND ADOPTION)
On December 10, 2002, the City Council held a public hearing and adopted Resolution
No. 2002-509 establishing Utility Underground District No. 134 along East L Street from
Monserate Avenue to Nacion Avenue. The resolution also authorized the expenditure of
utility allocation funds to subsidize private service lateral conversion. The subsequent
adoption of Public Utilities Commission Rule 20.A.3 allows the construction of private
service laterals to be included as part of the undergrounding project. The proposed
ordinance revises the Chula Vista Municipal Code to be consistent with these changes.
This ordinance was introduced on December 4,2007. (Engineering and General Services
Director)
Staff recommendation: Council adopt the ordinance.
4. Item 4 was removed from the consent calendar for discussion.
Page 2 - Council Minutes December 11, 2007
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2007-288, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "G STREET SEWER PUMP STATION REHABILITATION PROJECT (CIP
NO. SW-238)" TO TAMANG ELECTRIC, INC. IN THE AMOUNT OF $477,420,
WAIVING COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO ISSUE CHANGE ORDERS AS NECESSARY IN AN
AGGREGATE AMOUNT NOT TO EXCEED $7] ,613
The proposed project provides for the rehabilitation of the "G" Street sewage pump
station located on "G" Street west of the Goodrich Company western property gate and
east of Marina Parkway. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2007-289, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS,
EXECUTE ANY LETTERS OF INTENT OR MEMORANDA OF UNDERSTANDING
WITH SAN DIEGO FIRE AND MEDICAL DISPATCH, AND EXPEND ANY FUNDS
NECESSARY RELATED TO THE START-UP COSTS IN ORDER TO ACQUIRE
CONTRACTED FIRE AND MEDICAL DISPATCH SERVICES FOR THE CITY OF
CHULA VISTA
On December 4, 2007, the Council approved the City Manager's budget reduction plan,
which included the transfer of the Fire Department's Communications Center to another
outside agency in order to generate $740,000 in annual budgetary savings. Staff is
recommending that the competitive bidding process be waived and that the City Manager
be granted the necessary authority to negotiate and develop a contract for Council
approval with San Diego Fire and Medical Dispatch for the provision of fire and medical
dispatch services for the City of Chula Vista. (Fire Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2007-290, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 20] "I" STREET AS AN HISTORIC SITE
AND PLACING 20] "I" STREET, THE OTTO J. ELLINGHAUS HOUSE, ON THE
CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH
MUNICIPAL CODE SECTION 2.32.070(A)
The property owners have requested that their property be considered for inclusion on the
Chula Vista List of Historic Sites for its distinctive architecture. Staff has researched the
history of the property and has determined that the house meets at least one of the local
criteria for designation. (Planning and Building Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes
December 11, 2007
CONSENT CALENDAR (continued)
8. RESOLUTION NO. 2007-291, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MILLS ACT CONTRACTS BETWEEN
THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC SITES
LOCATED AT 209 "D" STREET, 210 DAVIDSON STREET, 630 DEL MAR
AVENUE, AND 613 SECOND AVENUE, AND AUTHORIZING THE MAYOR TO
SIGN SAID AGREEMENTS
In accordance with Council Policy No. 454-0 I, staff has prepared contracts for the
owners of the four designated historic homes who have requested to participate in the
Mills Act program this year. Upon authorization by the Council, the City will enter into
the contracts, which will then be forwarded to the County Assessor's Office for
recordation, making the properties eligible for tax credit in the next assessed tax year.
(Planning and Building Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2007-292, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $15,356 FROM THE BUREAU OF JUSTICE
ASSISTANCE, AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT
FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE
REQUIRED)
The Chula Vista Police Department has received funding from the Bureau of Justice
Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest Partnership
grant has awarded the Police Department $15,356 to pay for 50 percent of the cost of the
vests, and matching funds are available in the Police Department budget. (Police Chief)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2007-293, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOU) AMONG THE COPERMITTEES OF SAN DIEGO
COUNTY, AS POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL
PERMIT, ORDER NO. R-9-2007-0001, AND AUTHORIZING THE MAYOR TO
SIGN THE MOU ON BEHALF OF THE CITY
Adoption of the resolution approves the Memorandum of Understanding, which
establishes the shared program responsibilities of each party with respect to compliance
with the permit regulations. The regulations are administered by the United States
Environmental Protection Agency under the authority granted by the Federal Water
Pollution Control Act (Clean Water Act) and its 1987 amendments. (Public Works
Director)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes
December II, 2007
CONSENT CALENDAR (continued)
ACTION:
Deputy Mayor Rindone moved to approve staff's recommendations and offered
the balance of the Consent Calendar, headings read, texts waived.
Councilmember Ramirez seconded the motion and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. ORDINANCE NO. 3094, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTERS 10.56 AND 10.62 OF THE CHULA VISTA MUNICIPAL
CODE, RELATED TO PARKING METER RATES AND OVERTIME PARKING
FINES (SECOND READING AND ADOPTION)
On November 13, 2007, the Council considered a resolution accepting the Downtown
Parking Management Study, approving the Downtown Parking Interim Action Plan, and
directing staff to prepare a Downtown Parking Management Plan, along with an
ordinance amending the Chula Vista Municipal Code to modifY parking meter rates and
the overtime parking fee. The Council voted with 3 members in favor, I opposed and I
abstaining. Although the resolution and ordinance had passed, the City Clerk and
Councilmembers thought it had failed due to the understanding that the ordinance
required a four-fifths vote. On December 4, 2007, the Council adopted Resolution No.
2007-281, which acknowledged the error and directed the City Clerk to process the
original resolution (Resolution No. 2007-282) and place the ordinance on the next agenda
for second reading. (City Attorney)
Staff reconunendation: Council adopt the ordinance.
ACTION:
Deputy Mayor Rindone moved to approve staff's reconunendation and offered
Ordinance No. 3094, heading read, text waived. Councilmember Ramirez
seconded the motion and it carried 3-1-1, with Councilmember McCann voting
no, and Councilmember Castaneda abstaining, due to the proximity of his
property to the district.
4. A. ORDINANCE NO. 3097, ORDINANCE OF THE CITY OF CHULA VISTA
REPLACING CHAPTER 18.54 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO FLOODPLAIN REGULATIONS WITH CHAPTER 14.18 (SECOND
READING AND ADOPTION)
B. ORDINANCE NO. 3098, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 14.04 (SECOND READING AND ADOPTION)
The original floodplain ordinance was adopted in November 1978, and amended to meet
current standards of the National Flood Insurance Program in August of 2006. Adoption
of the proposed ordinances will bring the City into full compliance with current
requirements. These ordinances were introduced on December 4,2007. (Engineering and
General Services Director)
Staff reconunendation: Council adopt the ordinances.
Page 5 - Council Minutes
December 11, 2007
ITEMS REMOVED FROM THE CONSENT CALENDAR (continued)
ACTION:
Councilmember Castaneda moved to approve staffs recommendation and offered
Ordinance Nos. 3097 and No. 3098, headings read, texts waived. Deputy Mayor
Rindone seconded the motion and it carried 4-0-1, with Councilmember McCann
abstaining due to property interests.
PUBLIC COMMENTS
Sharon Floyd spoke about discussions between the City and the San Diego Chargers regarding
the relocation of the Chargers to Chula Vista, stating that the residents deserved to know all the
facts surrounding a decision that would impact the City positively or negatively for decades to
come. She requested, after a complete environmental impact report of each potential site and full
disclosure, that the City conduct a vote of the residents by separating ballots of registered voters
with those east of Interstate 805 from those precincts west of the dividing line, and whichever
side of the City cast the largest percentage of votes for the stadium, that would be the preferred
site. She stated that the process must be transparent and reflect the true and honest will of the
people.
Chuck Schrader spoke about the elimination of II part-time custodian positions in the City's
budget reduction plan, and asked for Council consideration to reinstate the positions to alleviate
the stress on the current custodial staff.
PUBLIC HEARINGS
11. CONSIDERATION OF WAIVING MINOR IRREGULARITY ON THE BID
RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-
288)" PROJECT PER CITY CHARTER SECTION 1009
On July 25, 2007 at 2:00 p.m., the Director of General Services received five sealed bids
for the "Eucalyptus Park Security Lighting (PR-288)" project. The project will provide
security lighting for the lower portion of the park. (Engineering and General Services
Director)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-294, heading
read, text waived.
RESOLUTION NO. 2007-294, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA WAIVING
IRREGULARITY, ACCEPTING BIDS AND A WARDING CONTRACT
FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO.
PR-288)" PROJECT TO P ALSONS ELECTRICAL SERVICES, INC.
Councilmember McCann seconded the motion, and it carried 5-0.
Page 6 - Council Minutes
December] I, 2007
ACTION ITEMS
12. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE AGREEMENT
FOR BASIC LIFE SUPPORT SERVICE
The City entered into an agreement with American Medical Response (AMR) for Basic
and Advance Life Support Ambulance Service. Staff recommends an extension of the
agreement based on provisions in the agreement. (Fire Chief)
Fire Chief Perry provided a brief history on the American Medical Response contract.
Chris Carlson, Consultant, representing American Medical Response, spoke about the City's
partnership with American Medical Response, which had provided emergency medical care
since 1980, and explained the proposed revised and restated agreement for basic and advanced
life support service.
ACTION:
Mayor Cox moved to adopt Resolution No. 2007-295, heading read, text waived.
RESOLUTION NO. 2007-295, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
REVISED AND RESTATED AGREEMENT FOR BASIC AND
ADVANCED LIFE SUPPORT SERVICE WITH LAIDLAW MEDICAL
TRANSPORTATION, INC., DBA AMERICAN MEDICAL RESPONSE,
AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
Councilmember Castaneda seconded the motion, and it carried 3-2, with Deputy
Mayor Rindone and Councilmember McCann voting no.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
There were none.
14. MAYOR'S REPORTS
There were none.
15. COUNCIL COMMENTS
There were none.
CLOSED SESSION
16. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Clerk
No reportable action was taken on this item.
Page 7 - Council Minutes
December II, 2007
CLOSED SESSION (continued)
] 7. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: Interim City Clerk
No reportable action was taken on this item.
]8. A. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
Three cases
B. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LIT]GATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Sidock v. City ofChula Vista, Case No. GIS ]5970;
No reportable action was taken on this item.
JC Towing v. City ofChula Vista, Case No. GIC 869]43; and,
No reportable action was taken on this item.
Terri Loretz. as Trustee v. City of Chula Vista. Court of Appeal Case No. D05] 623/San
Diego County No. GIS2849].
ACTION:
Council Consensus to initiate lawsuit against Brentwood.
]9. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
. Agency designated representatives: Management Team
· Emp]oyee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups
No reportable action was taken on these items.
ADJOURNMENT
At ]2:10 a.m., Mayor Cox adjourned the meeting to the Regular Meeting of December ]8,2007
at 6:00 p.m. in the Council Chambers.
- ,.---
--I::;:aine Bennett, CMC, Deputy City Clerk
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Page 8 - Council Minutes
December 11, 2007