HomeMy WebLinkAboutcc min 2008/04/22
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
April 22, 2008
6:00 p.m.
An Adjourned Regular Meeting of the City Council and a Special Meeting of the Redevelopment
Agency of the City of Chula Vista were called to order at 6:00 p.m. in the Council Chambers,
276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Council/Agency Member: McCann, Ramirez, Rindone, and
Mayor/Chair Cox
ABSENT:
Council/Agency Member: Castaneda (excused)
ALSO PRESENT:
City Manager/Executive Director Garcia, Senior Assistant City
Attorney Marshall, Interim City Clerk Norris, Deputy City Clerk
Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY - City Council
. PRESENTATION OF A TREE CITY USA AWARD TO THE MAYOR AND
COUNCIL FROM THE CALIFORNIA DEPARTMENT OF FORESTRY & FIRE
PROTECTION FOLLOWED BY A STAFF UPDATE ON THE CITY'S URBAN
SHADE TREE PROJECT AND ARBOR DAY COMMUNITY TREE PLANTING
EVENT SCHEDULED FOR APRIL 26, 2008 A T MOUNTAIN HAWK PARK
Environmental Resource Manager Reed introduced Open Space Manager Sirois, and Lynnette
Short, Urban Forestry Advisor, California Department of Forestry and Fire Protection in the San
Diego Region. Ms. Short explained the "Tree City USA" program designed to recognize
achievement in environmental improvement. She then presented the award to Deputy Mayor
Rindone, who accepted it on behalf of the City.
Environmental Resource Manager Reed talked about Earth Month, highlighting trees and their
importance in the community by providing improvements in air and water quality, energy
savings, enhancing neighborhoods and increasing property values. He then invited the
community to participate in the Arbor Day event on April 26, 2008 from 8:30 a.m. to 10:30 a.m.,
at Mountain Hawk Park.
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April 22, 2008
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION BY MR. PETER WATRY OF SUGGESTED SOLUTIONS FOR
NEAR ELIMINATION OF THE COSTS OF POLICE RESPONSE FALSE ALARMS
TO THE CITY
Mr. Watry talked about the problems with false alarms and associated police responses. He
presented a two part solution to the problem: I) Raise the false alarm fee schedule, and; 2)
Require alarm companies to visually verify alarm legitimacy before calling the police. He stated
that the reduction in false alarms in the City could reduce the number of police officer time spent
on false alarm calls and result in savings for the City. He asked for Council consideration to
look at changing the City's alarm system policy.
· PRESENTATION BY MAYOR COX OF A PROCLAMATION TO ELIZABETH
SCOTT PROCLAIMING MAY 3 AND 4, 2008 AS "RELAY FOR LIFE OF CHULA
VISTA" DAYS
Mayor Cox read the proclamation and Councilmember McCann presented it to Ms. Scott. Ms.
Scott then invited everyone to participate in the American Cancer Society Relay for Life event
on May 3rd and 4th at Chula Vista High School, and added that further information about the
event could be found at www.events.cancer.org.
CONSENT CALENDAR - City Council and Redevelopment Agency
(Items I and 2)
I. APPROVAL OF MINUTES of the Special Meetings of the Redevelopment Agency of
February 12 and 26, 2008.
Staff recommendation: Agency approve the minutes.
2. COUNCIL RESOLUTION NO. 2008-101 AND REDEVELOPMENT AGENCY
RESOLUTION NO. 2008-193, OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN
AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT WITH
SUNROAD CV AUTO, INC., AND APPROPRIATING FUNDS ACCORDINGLY
(4/5THS VOTE REQUIRED)
In February 2005, the Redevelopment Agency entered into an Owner Participation
Agreement (OPA) with Sunroad CV Auto, Inc. The purpose of the OPA was to guide the
operation and maintenance of a "first quality, first class" Toyota dealership in the City.
Adoption of the resolution will approve an amendment to the OP A to make it compatible
with current law, and appropriate the necessary funds to comply with the OP A. (City
Attorney)
Staff recommendation: Council/Agency adopt the resolution.
Page 2 - Jt. Council/RDA Minutes
April 22, 2008
CONSENT CALENDAR - City Council
(Items 3 through 11)
Item 5 was removed from the Consent Calendar; Item II was removed from the Consent
Calendar for discussion by Councilmember Ramirez.
With respect to Item 9, Deputy Mayor Rindone commended staff for ensuring that the Fire
Department would have the best equipment necessary in order to save lives.
3. APPROVAL OF MINUTES of the Special Meeting of March 15,2008 and the Regular
Meeting of March 18,2008.
Staff recommendation: Council approve the minutes.
4. RESOLUTION NO. 2008-102, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008 BUDGET. AND
APPROPRIATING $1,228,169 FROM THE AVAILABLE FUND BALANCE IN
OTA Y RANCH VILLAGES 1,2,5, AND 6 PEDESTRIAN BRIDGE DEVELOPMENT
IMPACT FEE TO REIMBURSE OTAY PROJECT, L.P. FOR THE CONSTRUCTION
OF THE EAST AND WEST OLYMPIC P ARKW A Y PEDESTRIAN BRIDGES
(4/5THS VOTE REQUIRED)
The construction of both the east and west Olympic Parkway bridges has been completed
and is now accessible for pedestrian use. This appropriation from the Pedestrian Bridge
Development Impact Fee fund will reimburse Otay Project L.P. for the construction
costs. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
5. Item 5 was removed from the Consent Calendar.
6. RESOLUTION NO. 2008-104, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING DONA TED MATERIALS AND FUNDS
FROM THE FRIENDS OF THE LIBRARY AND THE CHULA VISTA PUBLIC
LIBRARY FOUNDATION, TRANSFERRING REMAINING FUNDS FROM LB139
TO LBI40 FOR THE PURPOSE OF RE-CARPETING THE CHILDREN'S AREA OF
THE CIVIC CENTER BRANCH LIBRARY, AND AMENDING THE FISCAL YEAR
2008 CIP PROGRAM (4/5THS VOTE REQUIRED)
The Friends of the Chula Vista Library and the Chula Vista Public Library Foundation
are donating materials and funds to complete the re-carpeting of the Children's Room at
the Civic Center Branch Library. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2008-105, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "EAST H STREET SEWER MANHOLE REHABILITATION IN THE CITY OF
CHULA VISTA (SW-250A)" PROJECT TO ZONDIROS CORPORATION, IN THE
AMOUNT OF $70,300
Page 3 - Jt. CounciVRDA Minutes
April 22, 2008
CONSENT CALENDAR- City Council (Continued)
Sealed bids were received on April 3, 2008. The project provides for the removal of 19
existing manhole frames and covers and replacement with new manhole frames with
locking covers along East "H" Street between Kernel Place and Regulo Place.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2008-106, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING
OF FUNDS FOR FISCAL YEAR 2008/2009, THE ISSUANCE AND SALE OF A
2008/2009 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND
PARTICIPATION IN THE CALIFORNIA COMMUNITIES TRANS FINANCING
PROGRAM
In order to address cash shortfalls that are projected to occur in the General Fund during
Fiscal Year 2008/2009 due to the cyclical nature of some of our major revenue sources, it
is recommended that the City once again take advantage of the opportunity to borrow
money on a short-term basis at potentially no cost by issuing Tax and Revenue
Anticipation Notes (TRANs) through the pooled financing program sponsored by
California Statewide Communities Development Authority. TRANs are recommended as
an alternative to borrowing from other City funds. (Finance Director)
Staff recommendation: Council adopt the resolution.
9 RESOLUTION NO. 2008-107, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER AND/OR HIS
DESIGNEE TO COMPLETE ALL NECESSARY APPLICATION PROCESSES AND
TO ENTER INTO A FIVE-YEAR LEASE PURCHASE AGREEMENT WITH
NECESSARY PARTIES FOR THE ACQUISITION OF MEDICAL RESUSCITATION
EQUIPMENT MANUFACTURED BY ZOLL MEDICAL CORPORATION FOR USE
BY THE FIRE DEPARTMENT, APPROVING THE FINANCING OF THE LEASE
PURCHASE AGREEMENT THROUGH KANSAS STATE BANK OF MANHATTAN,
AND AUTHORIZING THE MAYOR TO SIGN ALL NECESSARY AGREEMENTS
The Chula Vista Fire Department delivers quality Basic Life Support services. A vital
component of this service heavily relies on the resuscitative equipment that is carried on
all apparatus. Such essential equipment includes cardiac defibrillators, Auto-Pulse
devices, and portable suction units. The industry standard for the service of this
equipment is five years. The Fire Department is requesting authorization to enter into a
5-year lease purchase agreement with Zoll Medical Corporation for the acquisition of
medical resuscitation equipment in order to replace existing equipment that is beyond its
useful performance life. Kansas State Bank of Manhattan will provide financing for the
lease-purchase of this equipment and no budget amendment is required for fiscal year
2007/2008 as the Fire Department has sufficient funds to make the initial payments under
the proposed financing agreement. (Interim Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 4 - Jt. CouncillRDA Minutes
April 22, 2008
CONSENT CALENDAR - City Council (Continued)
10. RESOLUTION NO. 2008-108, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING ANOTHER DESIGNATED PERIOD FOR
TWO YEARS ADDITIONAL SERVICE CREDIT (CALPERS)
In an effort to significantly reduce the Fiscal Year 2008 General Fund budget by reducing
the number of benefited employees throughout the organization, staff is proposing that
Council grant two years additional service credit for eligible employees, and provide for a
limited medical incentive program for those that retire during the prescribed window
period. The proposal is to offer this benefit to all local miscellaneous employees, in all
departments of the City. In addition, it would be offered to all eligible Police Department
and Fire Department management employees to include the classifications of Police
Chief, Police Captain, Fire Chief, Deputy Fire Chief and Fire Battalion Chief. (Human
Resources Director)
Staff recommendation: Council adopt the resolution.
11. Item 11 was removed from the Consent Calendar.
ACTION:
Mayor/Chair Cox moved to adopt the balance of the Consent Calendars (Items I
through 4 and 6 through 10), headings read, text waived. Council/Agencymember
McCann seconded the motion, and it carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. RESOLUTION NO. 2008-103, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS AND APPROVING A FIRST AMENDMENT TO THE AGREEMENT
WITH PACIFIC MUNICIPAL CONSULTANTS FOR A TOTAL CONTRACT
AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000) FOR
ADDITIONAL AUDITING AND ENGINEERING SERVICES REQUIRED FOR THE
UPDATE OF THE POGGI CANYON BASIN GRAVITY SEWER DEVELOPMENT
IMPACT FEE AND CLOSURE OF VARIOUS ASSESSMENT DISTRICT
IMPROVEMENT FUNDS
On May 5, 2007, the City retained Pacific Municipal Consultants (PMC) to provide
consultant auditing and engineering services required to facilitate the update of the Poggi
Canyon Development Impact Fee (DIF) and the closure of various assessment district
improvement funds. Since then, as work on the Poggi DIF update proceeded, it became
apparent that additional work was needed beyond what was defined in the original scope
of work in order to complete the project. Staff is recommending the contract be amended
and the amount increased by $22,030 to facilitate the completion of the update.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Cox moved to approve staff recommendation and offered Resolution No.
2008-103, heading read, text waived. Deputy Mayor Rindone seconded the
motion, and it carried 3-0-1, with Councilmember McCann abstaining.
Page 5 - It. CouncillRDA Minutes
April 22, 2008
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2008-109, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH DOUGLAS R. NEWMAN RELATED TO THE WORK OF THE
NATIONAL ENERGY CENTER FOR SUSTAINABLE COMMUNITIES AND THE
CHULA VISTA RESEARCH PROJECT TO ANALYZE HOW THE RESULTS OF
THE CHULA VISTA RESEARCH PROJECT RELATE SPECIFICALLY TO
CALIFORNIA'S GLOBAL WARMING SOLUTIONS ACT OF 2006 (AB32) AND
INCREASING THE CONTRACT AMOUNT BY TEN THOUSAND DOLLARS
($10,000)
Since March of 2006, staff has been working with the National Energy Center for
Sustainable Communities (NECSC) to advance responsible use of energy resources
through the planning efforts of three master-planned developments in eastern Chula Vista
(the Chula Vista Research Project or CVRP) and the Los Vecinos and Creekside Vistas
projects. The resulting recommendations establish a precedent for a comprehensive
approach to energy conservation, efficiency demand management and alternative energy
at the individual building and community infrastructure level. The City previously
entered into an agreement with Douglas Newman to publish and disseminate the results
of the research of the NECSC. This amendment will analyze the results of the CVRP as
they relate specifically to the State of California's Global Warming Solutions Act of2006
(AB32), and will assist both the City and the State in implementing their respective
energy and climate change policies. (Economic Development Officer)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember Ramirez moved to approve staff recommendation and offered
Resolution No. 2008-109, heading read, text waived. Mayor Cox seconded the
motion, and it carried 4-0.
PUBLIC COMMENTS - City Council and Redevelopment Agency
Harald Werner, Chula Vista resident, representing the Human Rights Torch Relay, asked for
Council support of, and invited members to, the "Global Human Rights Torch Relay" event on
May 3, 2008, at the Balboa Park Spreckels Organ Pavillion, from 12:00 p.m. to 4:00 p.m. He
explained that the objective of the event was to bring a message of hope and raise awareness of
human rights.
Rebecca Kelley, representing the International Friendship Commission spoke about Council's
recent direction to staff to make contact to establish a sister city relationship with Tijuana,
Mexico. She asked for Council reconsideration of the direction given to staff, and requested that
the matter be placed on the next Council agenda. Councilmember Ramirez stated that he would
be interested in attending the next International Friendship Commission meeting to explain his
motivation and interest in establishing a sister city with Tijuana, and to elicit the support by the
International Friendship Commission. He suggested that the commission contact his office to
make the necessary arrangements.
Items 13, 14, 15 and 16 were taken out of order and heard at this time.
Page 6 - Jt. Council/RDA Minutes
April 22, 2008
J
PUBLIC HEARING - City Council
12. CONSIDERATION OF SUBMITTAL OF CHULA VISTA'S PORTION OF THE
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM
State and Federal regulations require the San Diego Association of Governments develop
and adopt a Regional Transportation Improvement Program (RTlP) every two years in
order to continue to receive Federal and State funding. All projects that the City of Chula
Vista proposes to fund with these Transnet funds must be included in the RTlP, which
currently covers Fiscal Years 2008/2009 through 2012/2013. (Engineering and General
Services Director)
Mayor Cox announced that Councilmembers McCann and Ramirez had property conflicts on the
item, and therefore, staff was prepared to amend the item to remove the street from consideration
by which Councilmember Ramirez was affected, so he could vote on the item.
Councilmember McCann then recused himself from discussion of the item, and left the dais at
7:01 p.m. He did not return to the dais.
Engineering and General Services Director Griffin referenced page 12-28 of the Council agenda
packet, noting that the Orange Avenue project would be deleted from the list of projects, thereby
enabling Councilmember Ramirez to participate in the discussion and vote, and staff would
return at a future date with the Orange Avenue project. Engineering and General Services
Director Griffin then gave a brief report on the major projects.
Mayor Cox opened the public hearing. Since there were no members of the public who wished
to speak, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution No. 2008-110, as amended,
heading read, text waived.
RESOLUTION NO. 2008-110, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF
CERTAIN PROJECTS FOR THE TRANSNET LOCAL STREET
IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS FOR INCLUSION IN THE REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS
2008/2009 THROUGH 2012/2013
Mayor Cox seconded the motion, and it carried 3-0-1, with Councilmember
McCann abstaining.
ACTION ITEM - City Council
13. CONSIDERATION OF QUARTERLY FINANCIAL REPORT FOR THE QUARTER
ENDED MARCH 31, 2008
Page 7 - Jt. Council/RDA Minutes
April 22, 2008
ACTION ITEM - City Council (Continued)
Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the
Director of Finance through the City Manager. Adoption of the resolution approves a
transfer of $482,383 from the personnel services budget category to the supplies and
services budget category to fund the transfer of the Fire Communications Center.
Council approved transfer of Fire Communication services on December 11,2007 as part
of the Fire Department budget reduction proposals that were adopted. In the report, staff
informed the Council that it would be returning to seek approval for this transfer of funds.
(F inance Director)
Finance Director Kachadoorian presented the 3rd quarter financial projections for Fiscal Year
2007/2008 that included a sales tax comparison, general fund estimated net impact, and
estimated reserves.
Deputy Mayor Rindone clarified a prior request for a list of city-owned properties, stating that
his request was for staff to report only on those properties deemed to be sensible for the Council
to consider. Engineering and General Services Director Griffin responded that staff would be
presenting the matter to Council at a future date.
Councilmember Ramirez requested that staff provide the Council with quarterly reports
reflecting the most current actual reserve levels, including the report for this third quarter.
ACTION:
Deputy Mayor Rindone moved to accept the report and adopt Resolution No.
2008-111, heading read, text waived.
RESOLUTION NO. 2008-111, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008
BUDGET, IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY,
BY TRANSFERRING $482,383 FROM THE FIRE DEPARTMENT
PERSONNEL SERVICES CATEGORY TO ITS SUPPLIES AND SERVICES
CATEGORY (4/5THS VOTE REQUIRED)
Mayor Cox seconded the motion, and it carried 4-0.
OTHER BUSINESS - City Council and Redevelopment Agency
14. CITY MANAGERlEXECUTIVE DIRECTOR'S REPORTS
City Manager Garcia announced that the items scheduled for discussion at the May 1, 2008
Council Workshop would include the auditor's report on post-employment retirement benefits
and associated liabilities, establishment of an Audit Committee, and a presentation on the capital
budget plan for Fiscal Year 2008/2009.
It was the consensus of the Council to hold the workshop at 6:30 p.m. on May 1,2008.
15. MAYOR/CHAIR'S REPORTS
Mayor Cox reminded everyone about the upcoming "Relay for Life" event. She then requested
feedback from the Council on consideration to cancel the Council meetings of August 19 and
August 26, 2008, and to look at dates to schedule future workshops and commissioner
interviews.
Page 8 - Jt. CouncillRDA Minutes
April 22, 2008
--(-
OTHER BUSINESS - City Council and Redevelopment Agency (Continued)
]6. COUNCIL/AGENCY MEMBERS' COMMENTS
Councilmember Ramirez stated that the International Friendship Games were scheduled for May
17 through 19, at the Olympic Training Center in Chula Vista. The events would include soccer,
boxing, and archery. He invited anyone interested in attending to contact his office. He then
spoke about the "Taste of the Arts" event, stating that he was working with the Cultural Arts
Commission and Southwestern College to seek ways to make it an all-volunteer event, and that
he would be working with staff to look at holding an event in Mayor June.
Council member McCann spoke with respect to city-owned property and looked forward to the
report from staff on suggested recommendations.
The Council convened in Closed Session at 7:09 p.m., with all Councilmembers present.
CLOSED SESSION - City Council
17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Two cases
No reportable action was taken on this item.
18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. NPDES Permit No. CASOlO8758
No reportable action was taken on this item.
]9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Assessor No. 6440801000
Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore
Under Negotiation: Price and Terms
This item was not discussed and no action was taken.
ADJOURNMENT
At 8:45 p.m., Mayor/Chair Cox adjourned the Council Meeting to a Council workshop on May
1,2008 at 6:30 p.m. in the Council Chambers, and thence to a Regular Meeting on May 6,2008
at 4:00 p.m. in the Council Chambers, and the Redevelopment Agency to its Regular Meeting on
May 6, 2008 at 4:00 p.m. in the Council Chambers.
--
Lorraine Bennett, CMC, Deputy City Clerk
Page 9 - Jt. Council/RDA Minutes
April 22, 2008