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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 ?- Page 8 - Council Minutes December 11, 2007