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HomeMy WebLinkAboutcc min 2008/10/14MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 14, 2008 6:00 P.M. A Regular meeting of the City Council of the City of Chula Vista was called to order at 6:02 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: None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY LAUDERBACH PARK REOPENING PRESENTATION AND UPDATE BY REDEVELOPMENT AND HOUSING PROJECT COORDINATOR CARLA BLACKMAR AND COMMUNITY REPRESENTATIVES Housing Project Coordinator Blackmaz gave a presentation on the Lauderbach Pazk re-opening event. She introduced Tanya Rovira Osterwalder, Project Manager, Healthy Eating Active Communities, who was instrumental in leading the effort for the park re-opening. Ms. Rovira- Osterwalder gave an overview of the park's re-opening event. Staffinember Blackmar invited the community to the Lauderbach Picnic Day on November 8, 2008, 11:00 a.m. to 1:00 p.m. Councilmember Ramirez spoke of the need for collaborative efforts between City staff and community organizations to create ongoing opportunities for activities in Lauderbach Pazk. CONSENT CALENDAR (Items 1 through 6) Item 4 was removed from the Consent Calendaz for discussion by Deputy Mayor Rindone. Councilmember McCann abstained from voting on Item 2. APPROVAL OF MINUTES of August 5 and August 7, 2008. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember McCann requesting an excused absence from the Council meeting of October 7, 2008. Staff recommendation: Council excuse the absence. Paoe 1 -Council Minutes October 14, 2008 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2008-236, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF CONFINED SPACE TRAINING APPURTENANCES AT FIRE STATION NO. 4 TO MJC CONSTRUCTION IN THE AMOUNT OF $40,000 WHICH WILL BE FUNDED THROUGH THE CALIFORNIA FIRE FIGHTER JOINT APPRENTICESHIP COMMITTEE The Chula Vista Fire Department training site located at 850 Paseo Ranchero is a Regional Technical Rescue Training Facility which is certified by the California State Fire Marshal's Office and is astate-of--the-art facility. The Training Division plans to provide additional underground confined space training structures. These structures can be used for State-certified rescue classes. Adoption of the resolution awazds a contract for the construction of the facility, which will consist of four cement vaults connected by underground piping. (City Engineer/Engineering Director, Interim Fire Chief) Staff recommendation: Council adopt the resolution. 4. Item 4 was removed from the Consent Calendar. 5. RESOLUTION NO. 2008-238, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING LANDSCAPE MAINTENANCE CONTRACTS TO BRICKMAN GROUP FOR COMMUNITY FACILITY DISTRICTS VILLAGE 11 PHASE 3, SUNBOW II, OTAY RANCH VILLAGE 1 WEST, AND OTAY RANCH AB, AND AWARDING A LANDSCAPE MAINTENANCE CONTRACT TO PARK WEST LANDSCAPE FOR COMMUNITY FACILITY DISTRICT OTAY RANCH STA B, ALL FOR A TERM BEGINNING ON OCTOBER 8, 2008 THROUGH JUNE 30, 2009 AND AUTHORIZING THE PURCHASING AGENT TO APPROVE FIVE ADDITIONAL, ONE-YEAR EXTENSIONS OF THE TERM OF THE CONTRACTS Due to continued deficiencies in landscape maintenance services for the Community Facility Districts in Village 11 Phase 3, Sunbow II, Otay Ranch Sta B, Otay Ranch Village 1 West and Otay Ranch AB, the City exercised its option to not renew the existing maintenance contracts in these districts for Fiscal Yeaz 2009. As a result, these Community Facilities Districts went out to bid on July 31, 2008. Adoption of the resolution awazds the contracts for landscape maintenance. (Public Works Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2008-239, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE RAILS-TO-TRAILS CONSERVANCY'S 2010 CAMPAIGN FOR ACTIVE TRANSPORTATION Page 2 -Council Minutes October 14, 2008 CONSENT CALENDAR (Continued) The Rails-to-Trails Conservancy is working to expand a Federal pilot program to get people out of their cars and into a more active mode of transportation -walking, biking or transit. The City of Chula Vista has long promoted the idea of providing its citizens with transportation choices. Adoption of the resolution officially supports the Campaign for Active Transportation on behalf of the City of Chula Vista to expand the Non-motorized Transportation Pi]ot Program within SAFETEA-LU in the next federal transportation re- authorization bill. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to adopt the balance of the Consent Calendar, Items 1 through 3, 5, and 6, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0, except on Item 2, which carried 4-0-1, with Councilmember McCann abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2008-237, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CREATIVE BENEFITS, A WAGE WORKS COMPANY, FOR THIRD PARTY ADMINISTRATION OF FLEXIBLE SPENDING ACCOUNT (FSA) REIMBURSEMENTS, THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) CONTINUATION PLAN, AND THE RETIREE PLAN, AND AUTHORIZING THE CITY MANAGER TO APPROVE THREE ADDITIONAL ONE-YEAR EXTENSIONS OF THE TERM OF THE AGREEMENT The Human Resources Department is recommending that the City contract with athird- party administrator to handle Flexible Spending Account reimbursements, administration of the COBRA Continuation Plan and the Retiree Plan. A Request for Proposal was issued and five proposals were received and evaluated. Adoption of the resolution approves an agreement with Creative Benefits. (Human Resources Director) Staff recommendation: Council adopt the resolution. In response to questions from Deputy Mayor Rindone, Human Resources Director Raskin stated that the cost for administrative fees would be $4.75 per month per participant, and would not require Council approval. Deputy City Attorney Cusato responded to a question from Deputy Mayor Rindone regarding payment of penalties for errors, stating that in the proposed contract, Creative Benefits had indemnified the City for all professional errors, with a separate clause for errors and omissions. Interim City Attorney Miesfeld further clarified that indemnity provisions did exist in the proposed contract and that the City could hold Creative Benefits to any penalties under the proposed contract. With respect to justification for outsourcing, Director Raskin explained that employee-forfeited flexible spending funds could only be utilized for flex plan- related programs. Additionally, outsourcing to a third party would provide a greater level of confidentiality for the employees. Page 3 -Council Minutes October 14, 2008 CONSENT CALENDAR (Continued) Discussion ensued between Council and staff regarding concerns about penalties. Councilmember Castaneda requested that in the future, if a service was proposed to be outsourced, an analysis be included in staffs report to the Council of where cuts were being made in the department, showing justification for outsourcing. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2008-237, heading heading read, text waived, with direction to staff to meet with Creative Benefits to ensure clazity about Creative Benefit's responsibility for payment of penalties, and that responsibility be secured in future contracts for subsequent years. Councilmember McCann seconded the motion and it tamed 5-0. Deputy Mayor Rindone requested that staff provide a memorandum to the Council, subsequent to their meeting with Creative Benefits, about what would be agreed upon for future City contracts. PUBLIC COMMENTS Adela Garcia, Chula Vista resident, expressed concern about a proposed installation of a micro cell tower neaz her residence in the Rancho Del Rey neighborhood. She requested that the City consider alternative sites, away from residential properties, for cell towers to be located. The matter was referred to staff. Hugo Ivan Salazar, Chula Vista resident, representing Communities Taking Action, stated that he would continue to address concerns with the City about issues regazding the interests of the Southwest Community. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed MMC Peaker Power Plant. She requested that Councilmembers McCann, Castaneda and Ramirez make it cleaz to the California Energy Commission that the City's ordinance was being violated with the proposed peaker plant. PUBLIC HEARINGS CONSIDERATION OF AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE American Golf Corporation (AGC) is requesting rate changes to green fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, AGC can submit rate changes on an annual basis for the City's review and approval. The current Green Fees have been in effect since August 1, 2006. (Public Works Director) Staff recommendation: Council continue the public hearing to October 21, 2008. 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. Item 7 was continued to the Council Meeting of October 21, 2008, at the request of staff. Page 4 -Council Minutes October 14, 2008 ACTION ITEMS 8. PUBLIC COMMENT REGARDING A LEGAL MEMORANDUM (REDACTED) DISCUSSING DISTRICT ATTORNEY REIMBURSEMENT OF FEES PURSUANT TO A REFERRAL FROM THE CITY COUNCIL MEETING OF OCTOBER 7.2008 (Interim City Attorney) John Moot, Chula Vista resident, spoke about the redacted legal memorandum released by the City Attorney's office. He conveyed his agreement that the District Attorney's office was not liable for payment of Councilmember Castaneda's legal fees. He also stated that the City was not required to pay for Councilmember Castaneda's legal fees. He stated that the solution to saving taxpayers money was for the Council to conduct the matter in open session, have a legal memorandum outlining the law, and a re-vote after reviewing the case laws. He stated that the additional legal fees reflected in the report raised other issues, and should be explained to the public. Scott Vinson, Chula Vista resident, spoke with respect to the release of the legal memorandum regarding Councilmember Castaneda's legal fees, agreeing that the City had no recourse to recover the fees from the District Attorney's Office. He stated that the Council had the right to request that Councilmember Castaneda pay the City back for his legal fees. Robert Gazcia, Chula Vista resident, stated that the matter of Councilmember Castaneda's legal fees had become too political, that a jury verdict found Councilmember Castaneda not guilty. OTHER BUSINESS CITY MANAGER'S REPORTS Interim City Manager Tulloch notified the Council that the City had been allocated $2.8 million dollars in grant funding from the U.S. Department of Housing and Urban Development, to be used to purchase foreclosed or abandoned homes and properties, and/or to rehabilitate, re-sell or redevelop homes to help stabilize neighborhoods. He stated that staff would return to the Council on November 18, 2008 with a proposed amended CDBG action plan in order to take advantage of the grant funds. 10. MAYOR'S REPORTS Ratification of the appointment of Gabriela Sofia Brannan to the Civil Service Commission. ACTION: Mayor Cox moved to ratify the appointment of Gabriela Sofia Brannan to the Civil Service Commission. Deputy Mayor Rindone seconded the motion and it carried 5-0. Mayor Cox spoke about "Operation Splash", a partnership between the City and the Chula Vista Elementazy School District, to teach swim lessons to fourth grade students in low socio- economic areas. She stated that Kaiser Permanente donated 50,000 dollars towards the program. Page 5 -Council Minutes October 14, 2008 11. COUNCIL COMMENTS Councilmember Ramirez spoke about his recent attendance at the National Association of Latino Elected and Appointed Officials (NALEO) conference in Houston, Texas, that included discussions about the financial implications to municipalities related to the country's broader economic crisis. To that end, he stated that he would submitting the conference-related material to Interim City Manager Tulloch for his analysis, and to have staff bring back any pertinent information that would be useful for Council consideration on any of its future actions. Councilmember Castaneda stated that he also attended the NALEO conference. He spoke about the foreclosure crisis and looked forwazd to discussions on how to move forwazd with assisting local families retain their homes. He thanked and recognized Code Enforcement Manager Leeper and his staff, for their work that resulted in the enactment of a City Ordinance making lenders responsible for property upkeep as soon as a notice of mortgage default was filed on a vacant dwelling. He recognized and thanked Vera Howell of Turner Construction, for implementing and conducting a voluntary after-school construction and design course for school students at Castle Pazk High School, and he gave kudos to the students for their initiative in attending the voluntary course. He announced an upcoming Public Safety Subcommittee Meeting on October 30, 2008 at 6:00 p.m., at Lauderbach Boys and Girls Club, 333 Oxford Street, to discuss law enforcement issues. Councilmember McCann thanked the numerous community members and businesses that participated in the Christmas in October event, resulting in seven local home makeovers. Deputy Mayor Rindone gave his appreciation to all those who participated in the 10th annual Christmas in October event. He then spoke about his attendance at the recent American Legion Chula Vista Post 434 Law and Order awazds dinner that recognized five local public safety officials. He congratulated Louis Cornish, the event coordinator, and the American Legion for their ongoing efforts. The Council convened in Closed Session at 7:14 p.m. CLOSED SESSION 12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Planning and Building Director No reportable action was taken on this item. 13. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 (Closed Session was not held on this item on October 7, 2008) Title: City Manager No reportable action was taken on this item. Page 6 -Council Minutes October ]4, 2008 CLOSED SESSION (Continued) 14. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 (Closed Session was not held on this item on October 7, 2008) Title: City Manager No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case This item was pulled from the agenda and no action was taken. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Thanh Le v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2007- 000076220-CU-PA-CTL No reportable action was taken on this item. 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Fire Chief No reportable action was taken on this item. 18. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 No reportable action was taken on this item. ADJOURNMENT At 9:15 p.m., Mayor Cox adjourned the meeting to the Regular meeting of October 21, 2008 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 7 -Council Minutes October 14, 2008