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Home My WebLink AboutAgenda Packet 2006/06/06 ~~f?- ~~~ ~~.....,.;:~ ------~~ ---.::.....-.. CllY OF CHUlA VISTA Stephen C. Padilla, Mayor Patricia E. Chavez, Councilmember David D. Rowlands, Jr., City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember CALL TO ORDER I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this Council Chambers document on the bulletin board according to City Hall Brown {; requirements. U ~.. ! 276 Fourth Avenue Daled I~{, Signed (JftO~ ~ June 6, 2006 4:00 P.M. ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY JACK GRIFFIN, GENERAL SERVICES DIRECTOR, OF THE EMPLOYEE OF THE MONTH, GORDON DAY, SENIOR BUILDING PROJECT SUPERVISOR . OATH OF OFFICE: Sara Deavenport, Cultural Arts Commission · PRESENTATION OF A PROCLAMATION TO KEN SAUDER, PRESIDENT OF SAN DIEGO HOUSING FEDERATION, PROCLAIMING JUNE 11-17, 2006 AS AFFORDABLE HOUSING WEEK . INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS DAVID CONLEY, JASON EDLIN, ANTHONY FORMHALS, DONAL HARDIN, MICHAEL KNAPP, AND LATERAL OFFICERS CURTIS CHANCELLOR, RAUL NARANJO AND JASON DEANER . DID YOU KNOW.. .ABOUT THE POSITIVE COACHING ALLIANCE PROGRAM IN YOUTH ATHLETICS? Presented by Ted Nelson, Recreation Supervisor III and James Northum, Recreation Supervisor II. CONSENT CALENDAR (Items 1 through 9) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of May 2, 2006 Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 8.22.35 TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN ALL OUTDOOR DINING ESTABLISHMENTS (SECOND READING) Adoption of the ordinance prohibits smoking in outdoor dining areas in Chula Vista. This ordinance was introduced on May 23,2006. (Constituent Services Manager) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR (SECOND READING) Adoption of the ordinance approves the Sectional Planning Area (SPA) Planned Community District regulations for Otay Ranch Villages Two, Three and a portion of Four. The ordinance was introduced on May 23,2006. (Planning and Building Director) Staffrecommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE The proposed resolution directs the City Attorney and City Clerk to review the City's Conflict of Interest Code to determine whether or not amendments are needed, and to submit a notice to the Council prior to October 1, 2006, indicating the results of that review. (City Clerk) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www .chulavistaca.gov June 6, 2006 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF HALECREST DRIVE AS DEDICATED PER MAP NO. 4339, TOGETHER WITH A PORTION OF HALECREST DRIVE AS DEDICATED PER DOCUMENT NO. 1995-0469718, RECORDED ON OCTOBER 18,1995 The portion of Halecrest Drive to be vacated is located immediately north of Telegraph Canyon Road and east of Interstate 805. This portion of the dedicated right-of-way is no longer needed for public use. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP TO THE POLICE DEPARTMENT Highland Partnership recently donated a Ford Think electric vehicle to the Police Department for use by the Patrol Division. The Police Department envisions using the small electric vehicle at special event operations, such as parades and fairs. (Police Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF MOBILE DATA COMPUTERS AND RELATED SERVICES AND SUPPLIES FROM GTSI CORPORATION ON AN AS- NEEDED BASIS UNDER THE TERMS AND CONDITIONS OF A COUNTY OF FAIRFAX, VIRGINIA COOPERATIVE AGREEMENT (#RQ03-605674-16A) WITH THE US COMMUNITIES PURCHASING ALLIANCE, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Police Department currently utilizes an outdated wireless computer network to support information sharing between Police Dispatchers and Patrol Officers. Since the network is no longer serviceable, staff researched a new wireless solution that would allow the department to provide high bandwidth communications to police vehicles. Additionally, current police mobile data computers (MDCs) are nearing the end of their useful life, and the department is requesting a complete replacement of all MDCs in the fleet. Adoption of the resolution authorizes the purchase of the MDCs and related services and supplies from GTSI Corporation, and appropriates $800,000 to the Services and Supplies budget of the Technology Replacement Fund from the available technology replacement fund balance. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THREE TREE-TRIMMING CONTRACTS TOTALING $179,201 TO PROVIDE TREE-TRIMMING SERVICES AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE ADDITIONAL, ONE-YEAR OPTION PERIODS Page 3 - Council Agenda http://www .chula vistaca. gOY June 6, 2006 Bids for multi-year tree trimming services were opened on April 27, 2006. Fourteen requests for bids were mailed out; three were sent to local contractors. Five companies submitted bids; none of them were from Chula Vista. Adoption of the resolution approves contracts with three bidders, Atlas Environmental Services, West Coast Arborists, and California Tree. (Public Works Operations) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $6,870 IN COMMUNITY DONATIONS AND AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,870 IN UNANTICIPATED REVENUE FROM THE DONATIONS FOR SENIOR SERVICES AND RECREATION CENTER GRAND OPENING EVENTS (4/5THS VOTE REQUIRED) The Recreation Department has received donations totaling $6,870 from community members and Walmart to use for Norman Park Center's fitness and Life Options programs and three recreation center grand openings. Adoption of the resolution approves receipt of and appropriates the funds. (Recreation Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF APPROVAL OF CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM State and federal regulations require the San Diego Association of Governments (SANDAG) to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years in order to continue receiving federal and state funding. All projects that the City proposes to fund with Transnet funds must be included in the RTIP, which currently covers Fiscal Years 2006/2007 and 2007/2008 under the original legislation, and Fiscal Years 2008/2009 through 2010/2011 under the Transnet extension. (Acting Engineering Director) Page 4 - Council Agenda http://www .chulavistaca.gov June 6, 2006 Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006/2007 THROUGH 2010/2011 TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) OTHER BUSINESS 11. CITY MANAGER'S REPORTS 12. MAYOR'S REPORTS . Setting Planning Commission Interviews 13. COUNCIL COMMENTS . Councilmember Rindone: Interim report on the needs of the Chula Vista Superior Court system. ADJOURNMENT to the Adjourned Regular Meeting of June 8, 2006 and thence to the Regular Meeting on June 13,2006 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 5 - Council Agenda http://www .chulavistaca. gOY June 6, 2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 2, 2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 4:13 p.m.), Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY MARIA KACHADOORIAN, FINANCE DIRECTOR, OF THE EMPLOYEE OF THE MONTH, MONICA MORALES, ACCOUNTING TECHNICIAN Finance Director Kachadoorian introduced the employee of the month, Monica Morales. Mayor Padilla then read the proclamation, and Deputy Mayor McCann presented it to Ms. Morales. · PRESENTATION BY STUDENTS FROM CREATIVE ARTS ACADEMY OF CHULA VISTA OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, ADOPTED BY THE UNITED NATIONS IN 1948 Dr. Wendy Ghiora, Principal of Eagles Peak Charter School Creative Arts Academy, introduced the teachers and students present at the meeting. She then played a DVD produced by members of the Youth for Human Rights organization, and students presented a copy of the DVD and a pamphlet to Councilmembers. Two students spoke about what they have learned about human rights. Dr. Ghiora asked the Council to consider endorsing the declaration. The students then closed with their rendition of a song entitled "United." · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO GIRL SCOUT TROOP 5016 FOR COMMUNITY SERVICE FOR COMPLETING TWO ROOMS, "KITTY PARK" AND "KITTYWOOD" FOR CATTERY ROW AT THE ANIMAL CARE FACILITY Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Girl Scout Troop 5016. / 1"'-,' 4' ~: SPECIAL ORDERS OF THE DAY (Continued) . DID YOU KNOW...THAT THE FISCAL YEAR 2006 AND 2007 ADOPTED BUDGET RECEIVED EXCELLENCE IN BUDGETING AWARDS? Presented by Ed Van Eenoo, Director of Budget and Analysis, and Angelica Aguilar, Assistant Director of Budget and Analysis. Director of Budget and Analysis Van Eenoo reported on the Excellence in Budgeting awards given to the City for meeting the highest standards of governmental budgeting. He then spoke about future plans to improve the budget process. CONSENT CALENDAR (Items I through 7) With reference to Item 2, Councilmember Rindone mentioned that Commissioner Rossi said she was resigning because the committee has not met in a long time. He asked the Mayor's Office to find out why the committee has not been meeting and also to review all City boards, commissions and committees to determine and provide recommendations on whether or not they provide a current service to the City. Mayor Padilla commented that project area committees (PACs) basically serve as the Planning Commission equivalent in redevelopment areas. As the City moves forward with the new entitlement process, he said he hoped the PACs would be included and that staff would be advising the members of all P ACs where the process currently stands. Councilmember Rindone pulled Item 6 ITom the Consent Calendar for discussion. I. APPROVAL OF MINUTES of April 6 and April II, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation ITom Penny Rossi, member of the Town Centre Project Area Committee. . Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3.A. RESOLUTION NO. 2006-127, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING A SUMMARY VACATION OF A PORTION OF A PUBLIC SEWER EASEMENT WITHIN ASSESSOR'S PARCEL NO. 571-250- 21-00 AT 707 "L" STREET 3.B. RESOLUTION NO. 2006-128, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A HOLD HARMLESS/INDEMNITY AGREEMENT BETWEEN "L" STREET VENTURES, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CITY OF CHULA VISTA Page 2 - Council Minutes http://www.chulavistaca.gov May 2, 2006 CONSENT CALENDAR (Continued) A request was received to vacate a portion of a public sewer easement within the property located at 707 "L" Street, owned by "L" Street Ventures, LLC. In accordance with the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution. Vacation of the sewer easement would allow improvements to be made in closer proximity to an existing sewer line. The City is requiring a hold harmless/indemnity agreement with "L" Street Ventures, LLC, indemnifying the City trom damages related to maintenance activities on the sewer line. (Acting Engineering Director) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION NO. 2006-129, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TEMPORARY CLOSURE OF EASTLAKE PARKWAY FROM MAY 15, 2006 TO JUNE 14, 2006 BETWEEN MILLER DRIVE AND RIDGEW ATER DRIVE San Diego Expressway Limited Partnership, L.P., by California Transportation Ventures, Inc., its general partner, has requested temporary closure of Eastlake Parkway between Miller and Ridgewater Drives. The temporary road closure is needed in order to complete the roadway improvements and associated appurtenances necessary for construction of a new bridge over the SR-125 toll road. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-130, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $196,100, FOR TWO STENCIL TRUCKS, TO ROADLINE PRODUCTS, INC., IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF COUNTY OF SAN BERNARDINO REQUEST FOR PROPOSAL F-73 AND PURCHASE ORDER FI827C The fiscal year 200512006 central garage budget provides for the replacement of two stencil trucks. Municipal Code Section 22.56.140 and Council 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 has an opportunity to participate in a current County of San Bernardino request for proposal for favorable terms and pricing. (Public Works Operations Director) Staffrecommendation: Council adopt the resolution. 6. Item 6 was removed trom the Consent Calendar for discussion. 7. RESOLUTION NO. 2006-132, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIFTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES RELATED TO MITIGATION MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND COORDINATION AND OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL DOCUMENTS, AND WAIVING THE FORMAL CONSULTANT SELECTION PROCESS Page 3 - Council Minutes http://www.chulavistaca.gov May 2, 2006 CONSENT CALENDAR (Continued) The continuing services of Marion B. Borg Environmental Consulting are needed for the environmental processing and mitigation monitoring oversight of projects such as the Eastlake Seniors Project, Otay Ranch Village 2, Championship Off-Road Racing event series, Eastlake Land Swap project, Otay Ranch Village 7, and San Miguel Ranch. (Planning and Building Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered Consent Calendar Items 1 through 5 and Item 7, headings read, texts waived. The motion carried 5-0. ITEMS PULLED FROM THE CONSENT CALENDAR 6. RESOLUTION NO. 2006-131, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2006/2007, THE ISSUANCE AND SALE OF A 2006/2007 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND PARTICIPATION IN THE CALIFORNIA STATEWIDE COMMUNITIES CASH FLOW FINANCING PROGRAM . In order to address cash shortfalls projected in the general fund during fiscal year 2006/2007 due to the cyclical nature of some major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow money on a short-term basis at the lowest costs by issuing a Tax and Revenue Anticipation Note through the pooled financing program sponsored by California Statewide Communities Development Authority. (Finance Director) Staff recommendation: Council adopt the resolution. Councilmember Rindone asked for clarification of several items discussed in the staff report. Finance Director Kachadoorian and Associate Accountant Adachi responded to his questions. ACTION: Councilmember Rindone then offered Resolution No. 2006-131, heading read, text waived. The motion carried 5-0. PUBLIC COMMENTS Nick Aguilar spoke regarding a recent newspaper article about the application of administrative policies, particularly employee payroll policies, to elected officials, which he thought contradicted the City Charter. He stated that elected officials were not employees of the City, but rather served in fiduciary positions to carry out the mission for the public of oversight of City employees. He felt that applying administrative policies to elected officials placed the City Manager and other officials in the difficult position of second-guessing an action by an elected Page 4 - Council Minutes http://www.chulavistaca.gov May 2, 2006 PUBLIC COMMENTS (Continued) official. He suggested that the Council request the Charter Review Commission and/or staff to look at models of other agencies that have separate policies for elected officials and employees to avoid the predicament of City officials supervising their bosses and to provide more accountability to the public for Councilmembers' actions. Deputy Mayor McCann spoke in support of the referral requested by Mr. Aguilar. City Manager Rowlands clarified that, by policy and by law, Councilembers are recognized as employees of City, with the same appropriate benefits. Councilmember Rindone stated that since Mr. Aguilar has served as an elected official, he understood that Councilmembers are employees. He supported the portion of the referral to ensure that there are checks and balances and appropriate reporting. PUBLIC HEARINGS 8. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF FISCAL YEAR 2005/2006 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department was awarded $313,889 through the Supplemental Law Enforcement Services Fund (SLESF). These state funds were allocated to the Police Department for purposes required by the Citizens' Option for Public Safety (COPS) Program. Acceptance and appropriation of these funds requires a public hearing per stipulations of the State COPS Program. (Police Chief) 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 Padilla opened the public hearing. There were no members of the public who wished to speak. ACTION: Deputy Mayor McCann moved to continue the hearing at the request of staff to the meeting of May 9,2006. Councilmember Chavez seconded the motion, and it carried 5-0. 9. CONSIDERATION OF A CONDITIONAL USE PERMIT (PCC-06-054) FOR FOUR CHAMPIONSHIP OFF-ROAD RACING EVENT WEEKENDS IN 2006, TO BE HELD ON A PORTION OF OTAY RANCH VILLAGE TWO (APPLICANT JAMES BALDWIN; PCC-06-054) James Baldwin, owner of Championship Off-Road Racing (CORR), applied for a Conditional Use Permit for four temporary off-road racing event weekends in 2006. The race weekends are proposed for May 20-21, July 22-23, September 23-24, and October 21-22,2006. (Planning and Building Director) 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. Page 5 - Council Minutes http://www.chulavistaca.gov May 2, 2006 PUBLIC HEARINGS (Continued) Mayor Padilla opened the public hearing. Associate Planner Phelps presented the Conditional Use Permit. Environmental Project Manager Borg explained the environmental review process for the project. Mr. Phelps concluded the presentation with an explanation of the key conditions of approval. Councilmember Castaneda asked for confirmation that only RVs would be allowed to camp at the site and that there would be no open fires. Mr. Phelps responded affirmatively. Councilmember Castaneda spoke about the need to prevent event spectators trom parking their vehicles in nearby neighborhoods and to encourage the use of alternative transportation to the event. He also stated that appropriate measures needed to be taken to protect schools that are in session trom noise impacts. Councilmember Chavez suggested that event noticing be extended beyond the required 500 feet and that homeowner associations be asked to notify their residents. Additionally, she suggested that staff notify other organizations in the area that might hold Sunday meetings. Councilmember Rindone expressed concern regarding noise levels and asked that decibel levels be monitored. He believed that the event preparation was thorough, and that, should issues arise, the Council could hold another public hearing between the first and second event. Ranie Hunter, representing CORR, asked the Council to approve modification to the original schedule for qualifying runs on Fridays to permit qualifying runs after 3:00 p.m.; and flexibility in start and end times between 1:00 p.m. and 5:00 p.m. She also reported that CORR would post signs in neighboring residential areas regarding parking, and staff would be on hand to direct event traffic. Elaine Amador, who said she lived about a mile trom the proposed event, spoke about excessive noise at last year's event. She also expressed concern about liability to the City and noted that police enforcement at the event would reduce patrols in other areas ofthe City. She believed that the event would interrupt schools in session on Fridays and Sunday church services at Otay Ranch High School. She also spoke about alcohol usage and related driving issues. She stated that residents have a right to enjoy their weekends tree of noise, and she asked the Council to deny the permit. . Mayor Padilla asked about noise impacts on church services. Ms. Hunter replied that CORR had spoken with the principal of Otay Ranch High School, who indicated that there would be no conflict with regard to church services. Jo Anne Springer urged the Council to deny the permit, expressing concern about noise and air quality impacts to surrounding neighborhoods trom the event itself, as well as additional impacts trom the set-up and tear-down days for the event. She believed it was unfair for residents to be placed at the whim of limited special interests. She also commented that it was her understanding that the Planning Commission did not have the necessary four votes to approve the proposed event, and the Resource Conservation Commission also opposed the proposal. . Page 6 - Council Minutes http://www.chulavistaca.gov PUBLIC HEARINGS (Continued) Georgie Stillman stated that the proposed event is an endangerment to the health and safety of the residents. She reported that citizens who attended the Resource Conservation Commission meeting on the commented on the disruption to Pop Warner games at Otay Ranch High School; the effects of sound and pollution on residents; and their concern that the event location abuts the multiple species conservation area. She said that the proposed event does not represent the City at its best. Mike Cruse, who lives about a quarter of a mile from the racetrack, said he attended last year's event and did not believe that event noise was an issue. Albert Verdugo, a resident ofOtay Ranch who lives close to the proposed event site, said he did not recall noise or traffic issues associated with last year's event. He stated that everyone needed to be united. With no further speakers wishing to address the Council, Mayor Padilla closed the hearing. Councihnember Castaneda asked if the proposed event was expected to be smaller than last year's and for confirmation that only one helicopter would monitor the event. Associate Planner Phelps responded that the event would be smaller, and he confirmed there would be only one helicopter. Councilmember Castaneda asked the lessons learned last year that were included in this year's mitigation measures. Ms. Borg responded that the racetrack would be shorter, and noise levels at the preserve boundary would be monitored. Councilmember Castaneda asked what recourse the community would have should the noise levels be exceeded. Environmental Review Coordinator Ponseggi replied that staff would be monitoring noise levels and would bring back a report to the Council in the event a second public hearing is scheduled. Planning and Building Director Sandoval added that staff would also be collecting information at the onset, and if valid and significant concerns by citizens should arise, staff would have the ability to make immediate changes to address legitimate concerns. Councilmember Chavez requested a briefing from staff and the Police Department on traffic and police enforcement, noise, registration requirements for camping, a phone number set-up for residents to call with questions and concerns, and a review of the conditional use permit by the Council after the May event to determine whether or not to continue with the remaining events scheduled. Director Sandoval responded that residents could call 619/691-5280 if they have questions. Councilmember Castaneda asked for samples of the marketing materials generated for the event. Councilmember Rindone spoke about the significant differences in this year's event, including a shorter track and lower attendance. Deputy Mayor McCann said that residents' concerns have been addressed with the implementation of a shorter track, the elimination of concerts, the prohibition of alcohol in campsites, and liability insurance. He believed that the proposed event offered a good opportunity to showcase the City. Page 7 - Council Minutes http://www.chulavistaca.gov May 2, 2006 PUBLIC HEARINGS (Continued) Mayor Padilla stated that the application was well-crafted, contained conditions to respond to lessons learned from the first event, and also was responsive to the concerns of the surrounding communities. ACTION: Councilmember Rindone offered the following Resolution No. 2006-133, as amended to include the following additional conditions set forth by the Council: (1) staff and the Police Department are to provide a Council briefing on the event regarding traffic and police enforcement, noise, the registration requirement for camping, and a phone number set-up for residents to call with questions or concerns; and (2) the Council will review the Conditional Use Permit after the May event to determine whether or not to continue with the remaining events scheduled. . RESOLUTION NO. 2006-133, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION AND MONITORING PROGRAM, IS-06-017, AND GRANTING A CONDITIONAL USE PERMIT, PCC-06-054, TO ALLOW OFF-ROAD RACING EVENTS ON A PORTION OF OTAY RANCH VILLAGE TWO, LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OTAY LANDFILL, AND WEST OF LA MEDIA ROAD - JAMES BALDWIN, OWNER OF CHAMPIONSHIP OFF-ROAD RACING The motion carried 5-0. ACTION ITEM . 10. PRESENTATION OF A DRAFT ORDINANCE REGULATING MUNICIPAL LOBBYISTS At the January 17, 2006 Council meeting, it was suggested that the City consider an ordinance requiring registration of municipal lobbyists. Staff prepared a draft ordinance for review by the Council. (City Attorney) Assistant City Attorney Hull stated that staff was seeking guidance and clarification on the proposed ordinance. . Mayor Padilla explained that after the Council provides input and feedback on the draft ordinance, it could be forwarded to appropriate commissions for review, should the Council so desire. Councilmember Castaneda said he would like an understanding of the body of law surrounding the Council's ability to regulate lobbyists. He suggested that the Council provide comments in writing, come back with further comments, and also forward comments to the Charter Review Commission and Board of Ethics. . Page 8 - Council Minutes http://www.chulavistaca.gov May 2, 2006 ACTION ITEMS (Continued) Councilmember Chavez expressed the need to be very detailed in order to avoid loopholes. She stated that many people do not identify themselves as lobbyists, but rather as consultants, lawyers, publicists, or advocates, as examples. She believed it was important for City decision makers and the community to understand exactly who is contacting the Council, if they are lobbyists, and how much they are getting paid. She said the proposed ordinance needed to be easy to read and understand so it is clear who is considered to be a lobbyist. The Council also needs to discuss registration fees. Deputy Mayor McCann referenced Section 2.72.030 of the draft ordinance that allows for a number of exemptions and loopholes for attorneys, stating that it was important to ensure that attorneys are subject to scrutiny. He also discussed employee groups outside the City being considered lobbyists, the need to classify the different types of lobbyists, and to have the different types well defined. He suggested that lobbyists could be required to register prior to engaging in any activity, and he recommended a $1,000 fine per violation. He also recommended that lobbyists be required to file Statements of Economic Interests, providing full disclosure; and that the Council look at developing a code of ethics to be signed by the lobbyists. He stated that the draft ordinance was time-critical and should be brought back as soon as possible. Councilmember Rindone spoke of the need for due diligence, to clearly articulate definitions, and to clearly identify types of lobbyists. He expressed interest in how transparency would be obtained for lobbyists and community groups, and he asked that the community have an opportunity to provide input on the matter. Councilmember Castaneda suggested that staff provide an analysis of costs associated with registration, how the additional workload would impact the City Clerk's Office, and also include legal issues. Mayor Padilla stated that it was important to know who is influencing decisions, organizing people to place pressure on elected officials to change policy, and, at the same time, being compensated for it by entities who have a direct financial interest in issues that come back before the very same body. He expressed the importance of the Council conducting due diligence and having Council recommendations reviewed by the Board of Ethics. Councilmember Chavez suggested looking at adequate disclosure requirements; a code of ethics; registration comparable to the cost to the City, with adequate enforcement and monitoring; and referral to the Board of Ethics for review. ACTION: Mayor Padilla moved to refer the matter to the Board of Ethics, working in conjunction with the City Attorney's Office and with Council's input and direction; and return to the Council with a draft ordinance for consideration within 60 days. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 9 - Council Minutes http://www.chulavistaca.gov May 2, 2006 OTHER BUSINESS 11. CITY MANAGER'S REPORTS There were none. 12. MA YOR'S REPORTS Request for Council support for City participation in the California Ballet Company's production of California Heritage in Dance. Mayor Padilla announced that the California Ballet Company would be performing at the bayfront and portraying the City's local culture and heritage. He stated that the organization is interested in integrating with the City's Taste of the Arts event, and he asked staff to provide any further assistance that the ballet company may need. Mayor Padilla congratulated the Third Avenue Village Association and other sponsors on the success of the recent Cinco de Mayo event. Mayor Padilla asked that an item be placed under Mayor's Reports on the next agenda: consideration of naming a blue ribbon committee of the Council to work with the community on the matter of the San Diego Chargers franchise. He stated that he has not arrived at a position on this matter, and there is a need to get stakeholders in the community, along with members of the Council, to begin working on a method to find out what the community thinks about the matter. He said it was important to emphasize that there have not been any official contacts with the City and that the process will be open and transparent to the community. 13. COUNCIL COMMENTS Deputy Mayor McCann congratulated all those involved with the success of the Cinco de Mayo festival. He asked that the filling of existing vacancies on the Planning Commission be expedited in order to fully staffthe commission. Regarding the Chargers franchise, he expressed the need to engage the public and said he believed the Chargers were a regional asset and could raise our community profile. Councilmember Rindone commended the Third Avenue Village Association on an excellent Cinco de Mayo celebration. He also congratulated the Northwest Civic Association for its community workshops on a variety of topics. He then called attention to the following upcoming events: dedication of Chula Vista Toyota on Wednesday, May 5, 2006 at 3:00 p.m.; and an analysis of the south bay power plant by the San Diego Port Authority on Wednesday evening, May 5, 2006. Councilmember Chavez announced an upcoming Council workshop on Thursday, May 6, 2006, at 6:00 p.m., to discuss mobilehorne park issues. She invited the community to participate in the dialogue. She also thanked City staff on the success of the recent "Take Your Kids to Work Day" event. CounciImernber Castaneda reminded the community of the Council workshop this Thursday regarding significant mobilehome park issues. He then thanked Police Chief Emerson, Captain Hunter, and Police staff for reports received by the Public Safety Committee on what the Police Department and Council have done to reduce crime in the past year. He expressed the need to continue to invest in public safety services. Page 10 - Council Minutes http://www.chulavistaca.gov May 2, 2006 CLOSED SESSION 14. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Ratification of appointment of Deputy City Attorney II ACTION: The Council unanimously ratified the appointment of Joan Dawson, Deputy City Attorney II. ADJOURNMENT At 7:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on May 9, 2006 at 6:00 p.m. in the Council Chambers. . -~tu 0J~~ Susan Bigelow, MMC, City Clerk Page 11 - COWlcil Mioutes http://www.chuIavistaca.gov May 2, 2006 ~:vO~\\O~ ORDINANCE OF THE CITY OF CHULA VISTA AD~~N 8.22.35 TO THE CHULA VISTA MUNICIP~~~~PROHIBIT SMOKING IN ALL OUTDOOR DININ~~'tA:sLISHMENTS WHEREAS, scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys; and WHEREAS, the use of cigars is known to cause lung, larynx, esophageal, and oral cancer; and WHEREAS, more than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable illness; and WHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide; and WHEREAS, deaths from smoking around the world will soon outnumber those from AIDS, tuberculosis, traffic accidents, murder, and suicide combined; and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen; and WHEREAS, exposure to secondhand smoke is the third leading cause of preventable death in this country, killing over 52,000 non-smokers each year, including 3,000 deaths from lung cancer; and WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from secondhand smoke each year in California; and WHEREAS, 87.9% of non-smokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke; and WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and WHEREAS, the secondhand smoke has been ruled to be a the same class of toxic air pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and WHEREAS, secondhand smoke has been linked to increase the risk for developing breast cancer in young women between 68% to 120%; and WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and numerous more health risks for children; and 2-1 NOW THEREFORE, it is the intent of the City Council in enacting this ordinance, to provide for the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of tobacco use around non-tobacco users; by protecting children from exposure to smoking and tobacco while they eat; by reducing the potential for children to associate smoking and tobacco with a healthy lifestyle; and by affiITIling and promoting the family atmosphere of the City's public places. Adding to the Municipal Code: 8.22.35 Prohibition on smoking in dining areas No person shall smoke in the dining area of any restaurant or establishments where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. Presented by Approved as to form by A",f:!!JJ11J4 (l0:{1&-;tr City Attorney Zaneta Salde Encarnacion Constituent Services Manager 2-2 ORDINANCE NO. 'i)O~'\O~ ~~~ AN ORDINANCE OF THE CITY CO~~~ THE CITY OF CHULA VISTA APPROVING T~'i'J6NAL PLANNING AREA (SPA) PLANNED COMMUNI~STRICT REGULATIONS FOR OTAY RANCH VILLAGE TWO, THREE AND A PORTION OF FOUR WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and commonly known as Otay Ranch, Village Two, Three and a Portion of Four ("Property"); and, WHEREAS, an application to consider a new Sectional Planning Area (SPA) Plan, including Planned Community District Regulations, for Village Two, Three and a Portion of Four was filed with the City of Chula Vista Planning and Building Department on January 25, 2005 by Otay Ranch L.P. and Flat Rock Land Company, LLC ("Applicant"); and, WHEREAS, the Otay Ranch, Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan, Planned Community District Regulations ("Project") are intended to ensure that the Otay Ranch Village Two, Three and a Portion of Four SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch, Village Two, Three and a Portion of Four area to exist in harmony within the community; and, WHEREAS, the Otay Ranch, Village Two, Three and a Potion of Four SPA Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Village Two, Three and a Portion of Four SPA Land Use Plan of the Otay Ranch Village Two, Three and a Portion of Four SPA Plan; and, WHEREAS, the Otay Ranch Village Two, Three and a Portion of Four SPA Planned Community District Regulations establishes zoning regulation adjustments to the Single-Family Two, Single-Family Three, Single-Family Four, Residential Multi-Family One, Residential Multi- Family Two, Community Purpose Facility, Business Park One, Business Park Two, Mixed Use, Parks, and Open Space Districts located in the Otay Ranch Village Two, Three and a Portion of Four; and, WHEREAS, the Property is also the subject matter of an amendment to the Otay Ranch General Development Plan (GDP) adopted by City Council by Resolution No. ; and, WHEREAS, the Project was included in the environmental evaluation of said amended GDP, which relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, and the Otay Ranch Village Two, Three and a Portion of Four SPA Plan Final Second-Tier Environmental Impact Report ("EIR 02-02") (SCH#2003091 012), the 3-1 Ordinance Nd. , Page 2 candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Two, Three and a Portion of Four Sectional Planning Area (SPA) Plan (PCM-O 1-0 1) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 10, 2006, in the Council Chambers located in the Administration Building, 276 F ourth Avenue, and the Planning Commission voted 5-0 to approve Planning Commission Resolution PCM-Ol-Ol recommending to the City Council approval of the Planned Community District regulations; and, WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch Village Two, Three and a Portion off our SPA Plan and adopting the ordinance to approve the SPA Planned Community District Regulations for Otay Ranch Village Two, Three and a Portion of Four; and, NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 10,2006 and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby fmds that the Proj ect, as described and analyzed in the Second-Tier Final EIR 02-02, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). m. ACTION The City Council hereby adopts an Ordinance to the Otay Ranch Village Two, Three and a Portion of Four SPA Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. 3-2 Ordinance No. Page 3 IV. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day ITom and after its adoption Presented by Approved as to form by James D. Sandoval, AICP Planning and Building Director L:;, Ann Moore -,,\u(l City Attorney H:\PLANNING\sCOTTD\ V2 SPAce ORDINANCE.DOC 3-3 ., PROJECT lOCATION \ C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRJPTlON: C) APPlICAm The Otay Ranch Company ENVIRONMENTAL IMPACT REPORT PROJECT South of Olympic Pkwy and AODRESS: East of Otay Landfill. Village 2, 3 and 4 (Portion) SCALE: I FILE NUMBER: U EXHIBIT "A" J\.1r'\DTU "In C::,..~IQ I=IR_n?_n? ---- COUNCIL AGENDA STATEMENT Item NO.~ Meeting Date 06/06/06 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Susan Bigelo~ity Clerk '1 Ann Moore, City Attorney M. SUBMITTED BY: The proposed resolution directs the City Attorney and City Clerk to review the City's Conflict of Interest Code to determine whether or not amendments are needed and to submit a notice to the Council prior to October I, 2006, indicating either that amendments are required or that no amendments are necessary. RECOMMENDATION: Council adopt the Resolution. BACKGROUND: The Political Reform Act requires every local agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be amended. Once the determination has been made, a notice must be submitted to the Code-reviewing body (the City Council) no later than October 1st of even-numbered years. The City Council, prior to July 1st in even-numbered years, must direct a review of the City's Code for possible amendments. The proposed resolution directs the City Attorney and the City Clerk to review the Code on behalf of all staff and designated City commissions and boards and requires that a notice be submitted to the Council prior to October 1st indicating either that amendments are required or that no amendments are necessary. If amendments are necessary, the amended Code must be forwarded to the Council for approval within 90 days of submission of the notice. FISCAL IMPACT: The item has no impact on the general fund. 4-1 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE WHEREAS, the Political Refonn Act requires every local agency to review its Conflict of Interest Code biennially to detennine if it is accurate or, alternatively, that the Code must be amended; and WHEREAS, the Political Refonn Act requires every local agency to direct a review of the Code prior to July I st of each even-numbered year; and WHEREAS, this review must be completed and a notice of detennination must be submitted to the City Council as the Code-reviewing body prior to October I st of each even-numbered year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the City Attorney and City Clerk are hereby directed to review the Conflict ofInterest Code on behalf of City staff, all departments of the City, and designated City commissions and boards; and to provide specific notice to the City Council prior to October I, 2006, either that amendments are required or that no amendments are necessary. Presented by Approved as to fonn by -~ ~ ~~~'-~/'------ Susan Bigelow, City erk ~"Jju Moore, CIty torney J:\Attomey\RESO\CLERK\2006.Resolution directing review.doc 4-2 COUNCIL AGENDA ST A TEMENT Item Meeting Date 6/06/06 ITEM TITLE: Resolution Ordering the Summary Vacation of a portion of Halecrest Drive as dedicated per Map No. 4339, together with a portion of Halecrest Drive as dedicated per document no. 1995-0469718, recorded on October 18, 1995. SUBMITTED BY: Acting Director of Engineering'ft' City Manager 11 ~ rK. (4/5ths Vote: Yes_NoX) REVIEWED BY: The Engineering Department is requesting that a portion of Hale crest Drive be vacated. The portion in question is located immediately north of Telegraph Canyon Road and east of Interstate 805. This portion of the dedicated right-of-way is no longer needed for public use. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The portion of Halecrest Drive to be vacated is adjacent to the property located at 501 Telegraph Canyon Road. This portion of Halecrest Drive is no longer needed for public use due to the Telegraph Canyon Road /1-805 Interchange Improvement Project (CY-I02). This project reconstructed and re-striped the intersection of Hale crest Drive and Telegraph Canyon Road, leaving the subject section of Hale crest Drive 20 feet narrower than before construction. This is the area that IS no longer needed for the purpose to which it was originally dedicated and staff is requesting that Council vacate it at this time Chapter 4, Section 8334(a) ofthe California Streets and Highways Code states that the legislative body of a local agency may summarily vacate excess right-of-way if it is no longer needed for public street purposes. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. FISCAL IMPACT: There is no net impact to the General Fund. J:\EngineerIAGENDAICAS2006105-23-06\Halecrest vacation Al13.doc 5-1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF HALE CREST DRIVE AS DEDICATED PER MAP NO. 4339, TOGETHER WITH A PORTION OF HALECREST DRIVE AS DEDICATED PER DOCUMENT NO. 1995-0469718, RECORDED ON OCTOBER 18, 1995 WHEREAS, the portions of Halecrest Drive to be vacated are adjacent to the property located at 501 Telegraph Canyon Road and are within the project area of the Telegraph Canyon Road 11-805 Interchange Improvement Project (CY-102); and, WHEREAS, CY 102 reconstructed and re-striped the intersection of Halecrest Drive and Telegraph Canyon Road, leaving that section of Halecrest Drive twenty feet narrower than before construction; and, WHEREAS, the remaining area of Halecrest Drive is no longer needed for the purpose to which it was originally dedicated; and, WHEREAS, pursuant to Chapter 4, Section 8334(a) of the California Streets and Highways Code, a legislative body of a local agency may summarily vacate excess right-of-way by adopting a resolution if it is no longer needed for public street purposes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it orders the summary vacation of a portion of Halecrest Drive as dedicated per Map No. 4339, together with a portion of Halecrest Drive as dedicated per Document No. 1995- 0469718, recorded on October 18, 1995, as more particularly described in the legal description designated as Exhibit A and the plat designated as Exhibit B which are attached to and incorporated into this Resolution by this reference. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it directs the City Clerk to record this Resolution of Vacation, together with Exhibits A and B, in the office of the County Recorder. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it declares that from and after the date this Resolution of Vacation is recorded, that portion of Halecrest Drive as dedicated per Map No. 4339, together with a portion of Halecrest Drive as dedicated per Document No. 1995-0469718, recorded on October 18, 1995, no longer constitutes a street. Presented by Approved as to form by Leah Browder Acting Director of Engineering ~~~ (~~k Ann Moore City Attorney J :\Attorney\RESO\ENGINEERING\Halecrest vac l.doc 5-2 ]-14038 EXHIBIT "A" RIGHT OF WAY VACATION That portion of land described per Deed filed as Document NO. 2000-0489436, recorded September 12, 2000, and that portion of Quarter Section 88 of Rancho De la Nacion, according to Map thereof No. 166, both in the City of Chula Vista, County of San Diego, State of California, both filed in the Office of the County Recorder of said County, more particularly described as follows: Parcel "A" Beginning at the most Southeasterly corner described in said Deed; thence along the Easterly line of said Deed North 16028'17" East (North 16008'30" East, record) 7.00 feet; thence leaving said line along the Northerly line of a 7.00 foot wide street easement (recorded October 18, 1995 as Document No. 1995- 0469718) North 73031'43" West 80.43 feet to the beginning of a tangent 3257.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 00052'13" a distance of 49.48 feet to the TRUE POINT OF BEGINNING; thence North 74027'02" West 5.95 feet to the beginning of a tangent 30.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 96020'53" a distance of 50.45 feet; thence North 73028'42" West 4.00 feet; thence North 16031'18" East 47.86 feet; thence South 73028'42" East S.OO feet; thence North 16031'18" East 11.00 feet; thence North 73028'42" West 5.00 feet; thence North 16031'18" East 26.95 feet; thence South 73028'42" East 20.00 feet to the Westerly line of said Deed; thence along said line South 16031'18" West (South 16008'30" West, record) 98.52 feet to the beginning of a tangent 20.00 foot radius curve concave Northeasterly; thence continuing along said line Southeasterly along the arc of said curve through a central angle of 90055'14" a distance of 31.74 feet to the TRUE POINT OF BEGINNING. Reserving therefrom a general utility easement from the above-described area for public utility purposes. Containing 0.048 acres, more or less. yvtr-Vy p. ~ J/zr/looC Jeffrey J. Safford, L.S. 6703 Jb{14038.007 5-3 ,<I: \ 51'. ~ ... OOUGlAS Sf. , >1 ~:'1L t " "'.;, VICINITY MAP NO SCAlE -- _ 3.5' WIDE EASeMENT --- ___ FOR SIDEWALK PURPOSES - TO THE CITY OF CHULA vISTA ~ PER OOCUMENT NO.200_-_ REC.__-__-200_ #73'> - .J/"43'W--;::::-'" 8o..,"y- RIGHT OF WAY VACATION OF A PORTION OF HALECREST DRIVE AS DEDICATED PER MAP NO. 4339, TOGETHER WITH A PORTION AS DEDICATED PER DOCUMENT NO. 1995.0469718, RECORDED ON OCTOBER 18, 1995. o LEGEND ~ INDICATES RIGHT OF W,4Y VJCAT/ON PARCEL ".I(' COHTNNJNG O.lJ48 /JeRES INDICATES POINT OF BEGINNING INDICATES TRUE POIIfT of BEGINNING INDICATES RNJI,4L BEAAING INDICATES ASSESSOR'S PAACEL NUMBER INDICATES RECORD DATA PER STREIT EASEMENT DEED.DOC.NO;1995-046!J118.0R. INDICATES RECORD OAT A PER GRIWT DEED 2OQD-<J489436.0R. REFERENCE DRAWINGS PAACEL M/JP NO. "390: M/IP NO. 9066. RS. 1086,M,dp NO.4339 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS DRAWING IS THE UHE BETWEEN CVGPS-5OIJ AND CVGPS-5020. I.E.: N2g'12'22W N Pil.B. TP/J.B. (RJ ~N [ J 9:' <j t; /ii o ~ II I;! ~ --l GRANT DEED NO.2CX>>0489436 ~N, 6J!M8o-2I EX/STING ORAJNAlJE EASEMENT TO THE CITY OF CHULA VISTA PER OOCUMENT NO.f995-Q469715 REC.l0-/B-/995 ~ ~---- t::.~90'55'14' ft::.~9(f51'5a' R-ZO.oO' L.Jf72') L-31'?4 ........ s EXISTING " WIDE STREET EASEMENT TO THE CITY OF CHULA vISTA PER DOCUMENT N0.1995-D46971B REC.IO-18-1995 & ~ I.eGltIlP/1 CYN .1'/0. : IlmD 5620 FRIARS ROAD SAN DIEGO, CA. 92110 619.291.0707 ENcINI!!1UNQCOl~PANT (FAX)619.291.4165 ~ flurlYY t7 , ~ fEF".REl' J. ;i:r"FOi: L.S 5103 DA.TE S; 2.J' Zctj ( ~ DESCRIF'TION ORIGIN"'L " "'F'F'ROVED DUE I'ILMED CITY OF CHULA VISTA. CALIFORNIA SHEET 1 OF 1 SHEET FOR CITl' ENGINEER DATE STATUS M' ,~_, 40JI'.",,' ~,t~'~40JI_.,.,..". _""Q. 00<> '''~' """"~'~"5''''''''''''4'''g'Q'''O'~_"",~_.o... 10-...A-loQIO',,, 5-4 EXHIBIT B caUR E TA No, BEARING OISTANCE -------------------- L1 L2 L3 L4 N73028'42"W N73" 28' 42 "w N16-31'18"E N73- 28' 42 "w 4,00 5,00 11.00 5,00 PARCEL MAP 11390 r- NI6"2a-~ " ?4?- P.o.e. PARcEL. "A" JO 15 a JO GRAPHIC SCALE f'= 30' wNg: CY102 LAMBERT COCRQINHES -8 , Item No - Meeting Date 06/06/2006 COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP TO THE POLICE DEPARTMENT. SUBMITTED BY: Chief of Police ,~,~c0 "c-' pC REVIEWED BY: City Manager {~r~ (4/5ths Vote: Yes_ No ~ ) Highland Partnership recently donated a Ford Think electric vehicle to the Police Department for use by the Patrol Division. The Police Department envisions using the small electric vehicle at special event operations such as parades and fairs. RECOMMENDATION: That Council accepts the donation of a Ford Think vehicle to be placed into the vehicle fleet of the Police Department. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION Several months ago, representatives from Highland Partnership called the Police Department to inquire if the department had a need for a small, electric vehicle such as the Ford Think (see pictures below). Staff researched the feasibility of utilizing such a vehicle and determined that it would provide additional mobility for officers during special events where space limitations would prohibit utilizing a regular patrol vehicle. Events such as concerts at COORS Amphitheatre, July 4th festivities, parades and other events would benefit by having a small electric vehicle to facilitate the transport of personnel and equipment. Staff contacted Highland Partnership and agreed to the donation. The Ford Think is an electric vehicle which has a top speed of 25 miles an hour (MPH). It is restricted for use on roads with speed limits of 35 MPH or lower. It has a range of about 35 miles on fully charged batteries. Since it is powered completely by batteries, there are no harmful emissions. Highland Partnership took the additional steps to have the vehicle mechanically serviced and inspected and had new tires installed prior to delivery. California Auto Body has donated a paint job for the Think and the vehicle has since been painted in traditional police vehicle black and white colors. 6-1 Item No Meeting Date 06/06/2006 The Think Vehicle joins the department's other environmentally friendly Segways, which also are powered by electricity, and continues the City's leadership in environmentally friendly operations. The vehicle will be on display outside of Council chambers on June 6th, 2006 prior to the City Council meeting. FISCAL IMPACT Approval of this resolution will result in the acceptance of a Ford Think electric vehicle into the Police Department's fleet. There is no impact to the General Fund as the minimal maintenance and registration costs will be absorbed into the current Police Department budget. 6-2 RESOLUTION NO. 2006- RESOLUTION ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP TO THE POLICE DEPARTMENT. WHEREAS, Highland Partnership recently donated a Ford Think electric vehicle to the Police Department for use by the Patrol Division; and WHEREAS, the Police Department envisions using the Think electric vehicle at special event operations such as parades and fairs; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept a donation of a Ford Think vehicle from Highland Partnership and place this vehicle into the Police Departments vehicle fleet. _Presented by: ) , - / I vc,,",,,l( /t- F't- f~?f Richar(f~\ Emerson Police Chief Approved as to form by: ~~vvJ\ ~\Q1~('I~ Ann Moore City Attorney 6-3 Item No '1 Meeting Date 06/06/2006 COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION AUTHORIZING THE PURCHASE OF MOBILE DATA COMPUTERS AND RELATED SERVICES AND SUPPLIES TO GTSI CORPORATION ON AN AS NEEDED BASIS UNDER THE TERMS AND CONDITIONS OF A COUNTY OF FAIRFAX, VIRGINIA COOPERATIVE AGREEMENT (#RQ03- 605674-16A) WITH THE US COMMUNITIES PURCHASING ALLIANCE AND APPROPRIATING FUNDS THEREFORE. SUBMITTED BY: g~~~t~~ ~7~c:n~~~0m:~t';~d Information servic1/ City Manager f ~ -p K (4/5ths Vote: Yes_X_ No _ ) REVIEWED BY: The Police Department currently utilizes a wireless computer network to support information sharing between Police Dispatchers and patrol officers. This network is no longer serviceable, therefore staff has researched a new wireless solution which will allow the department to provide high bandwidth communications to police vehicles. Additionally, current police MDC's are nearing the end of their useful life and the department is requesting a complete replacement of all MDC's in the Police Department fleet. RECOMMENDATION: That Council adopts the following: 1) Authorizing the purchase of mobile data computers and related services and supplies to GTSI Corporation on an as needed basis under the terms and conditions of a County of Fairfax, Virginia Cooperative Agreement (#RQ03- 605674-16a) with the US Communities Purchasing Alliance; and 2) Appropriating $800,000 to the FY2006 Services and Supplies budget of the Technology Replacement Fund from the unappropriated fund balance. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable 7-1 Item No Meeting Date 06/06/2006 BACKGROUND Since 1994 The Police Department has used two versions of Mobile Data Computers (MDC's). The first was an MDC made by Data911, and after 4 years, Litton MDC's were put in place to improve the Police Department's data capability. The technology utilized to allow communications between the Police Dispatch center and the Police cars, is a limited, narrow-band wireless radio network. The present data network was created by converting an old, unused voice radio channel which was no longer in use by the Police Department after the change to the 800 MHz radio system. This data network was adequate when first created in 1994 because only small "text only" messages were being sent over the system, and there were very few users logged into the network. The network has survived only because of the excellent work of the City's Radio Shop Technicians, who recycled old parts from spare radios. Today however, there are no more spare parts, and this critical message infrastructure is at risk of going off line due to parts failure. The Radio Shop has run out of replacement parts and are required to contact warehouses which specialize in older radio parts, and to pay higher prices for used parts. The capability of this older radio network has also been degraded due to the increase in number of MDC's using the network simultaneously. This increase is well beyond what the original system was designed to handle. Because of the network degradation, Police Officers are often required to request that Dispatchers send call information multiple times so the Officers can receive all of the available CAD information. Of equal importance, the current network was not designed to support the use of large file size graphic data such as mapping and Geospatial Positioning Systems (GPS) files. The current network also can not process automated vehicle locator data (AVL) needed to recommend closest resource information to Dispatchers. The Police Department intends to integrate these technologies to begin showing all users on the network, with the real-time location of all mobile public safety resources. Our current MDC's cannot send or receive digital photo transfers, nor transfer live streaming video. The necessity for public safety officers to make speedy transfers of digital photos, showing lost or missing children or elderly citizens, wanted or dangerous persons in the city, has never been more important. The wireless radio channel currently used has a very limited life span. Replacement parts can no longer be found as the old parts break or wear out. In-house radio shop staff built the system and are the only City of Chula Vista staff with the knowledge to address system failures. Only one remaining staff member has the needed expertise to repair the system and that staff member will retire in less than one year. Staff at the radio shop has advised that this system should be replaced as soon as possible in order for the Police Department to continue sending messages between the Police station and City Police cars via the CAD. 7-2 ------- Item No Meeting Date 06/06/2006 DISCUSSION The Police Department was advised when it began use of it's current MDC's and wireless network, that the various system hardware would outlive it's warranty periods, and it would eventually need to be replaced. The DOS based software in our MDC's is no longer being upgraded, and is extremely difficult to operate in Windows based software. The wireless radio infrastructure has also become critically outdated and is in even more need of a full scale replacement. The Police Department and Radio Shop made every reasonable upgrade possible during the scheduled life of this MDC network, and with MIS staff assistance, has kept it going longer than even the vendors expected. The time has come to replace both of these vital technologies with complete system replacements. In the last week alone, City Radio Shop personnel reported they were called out three times after hours to make unexpected repairs to the wireless radio network that supports the MDC's. Police Department Technology Staff has reviewed and tested several available MDC replacement technologies. Staff initially tested the City's own Fire Department MDC's, which are Panasonic Toughbooks. Staff also reviewed Palomar MDC's, Data911 MDC's, and Motorola's MDC systems. This review consisted of reviews of the different MDC applications at trade shows, as well as, visiting local Police Departments to discuss and review their use of these MDC's. Staff also interviewed the end users of the various MDC's in other public safety departments, as well as installers and maintenance crews in other cities. From these meetings and reviews, the Panasonic Toughbook became the unanimous choice of the Police Department, Chula Vista Radio Shop and MIS staff for Chula Vista. Staff worked extensively with L-3 Communications, who currently provide our MDC's and related systems. The purpose was to learn about what improvements L-3 could provide in order to make the current system more robust. Staff tested various wireless solutions and upgrades in order to determine the cost/benefits to maintaining our current system with an upgraded wireless system. The results of these tests indicated that although minor improvements could be made to the current system, the., improvements were not adequate enough to meet the needs of the department given the cost to upgrade. Though L-3 provided good service to the Police Department through the early years of using their MDC, in the last year the Police Department has experienced slower maintenance turn-around time from L-3's repair division. This has resulted in extended down time (two to four weeks) for police vehicles. Staff has identified the Panasonic "Tough book" laptop computer as the best available option to replace the current MDC's. The CAD and software licenses will transfer to the new MDC without any significant expense. The CAD vendor has also created a new message handler that the current MDC bandwidth cannot adequately process without 7-3 Item No Meeting Date 06/06/2006 the new message switch, the current MDC's would not run at full capability, thereby eliminating some of the new features that the department needs. The Panasonic MDC is configured as a laptop computer, case hardened to make it less likely to be damaged by the environment the user. Panasonic's guaranteed maintenance turn-around time is one business day. All the internal components are warranted for 3 years. Maintenance of the Panasonic MDC's will be significantly easier than before. Technical staff using simple procedures, taking less than a minute to perform, can exchange components in the Panasonic MDC whenever needed. An added benefit for support will be the commonality of MDC hardware and software with our City Fire Department. This will ultimately increase staff efficiencies for servicing one brand of MDC rather than two differing brands. T ...t~ T r .:~'.. - . r,', - ' -=- -.:=---. - "' -~ \ I ~':f;, . The Police Department in conjunction with private vendors has demonstrated the use of wireless technology to monitor select scenes in real time through in car cameras. Also, tests have simulated live camera monitoring of a hazardous material spill, and high-risk events. The department also learned that Watch Commanders can view high-speed pursuits in real-time, using streaming video. This would greatly enhance supervisors ability to make timely decisions whether to proceed with a pursuit or cancel in light of various factors (traffic load, weather, proximity to schools, etc). With no additional programming, the MDC and radio network will enable transmittion of still pictures between Police Dispatchers and field personnel. The day-to-day report writing can also be handled through these new MDC's because it will allow officers to use City email with attachments to process police reports and photo evidence from the cars while still out in the field. This will eliminate the need for officers to return to the station to file these reports, thus saving valuable officer time in the field. Cooperative Purchase Agreement Chula Vista Municipal Code, Section 2.56.140, allows for the purchase of supplies, equipment, and services through cooperative purchasing programs with any public agency within the United States. With the assistance of the U.S. Communities Alliance, the County of Fairfax, Virginia and the City of Los Angeles, California recently awarded a cooperative purchase agreement (#RQ03-605674-16A) to GTSI Corporation for the purchase of computers, brand name and peripherals, software, and related services. 7-4 Item No Meeting Date 06/06/2006 The U.S. Communities Alliance has an advisory board of local government purchasing officials. The Alliance pools the purchasing power of public agencies, achieves bulk volume discounts on behalf of public agencies, competitively solicits quality products through a lead public agency, and provides a purchasing forum for public agencies nationwide. Additional advantages include: . Acquisition of the latest technology and digital wireless connectivity to the City Network . Favorable terms and conditions . Standardized equipment . Newer MDC's that will are more technologically advanced and are able to better withstand the rigors of placement in a patrol vehicle . Single point of contact for sales and service . The City is not a signature to the contract and will not incur any liability under the contract. However, the City will benefit from the reduced costs The City's Purchasing Agent has made a determination that the procedure used in award of the technology contract was highly competitive and consistent with good purchasing practices. Considering quality of product, pricing, and contract terms, GTSI submitted the most favorable response. The City of Chula Vista qualifies for all rights and privileges of the multi-year agreement. By committing to a single source, consistency and continuity will be maintained. Therefore, it is recommended that the City participate in this non- exclusive agreement for MDC's. Further, GTSI Corporation was the company which provided the MDC equipment to the Fire Department when they installed MDC's in all of their fire apparatus. The City has been satisfied with the service and quality of products provided by GTSI Corporation. WIRELESS CONNECTIVITY Staff has been examining various methods to acquire true high bandwidth connectivity in the patrol vehicles since 1994. Early efforts focused upon acquiring rights to a wireless network which was installed on light standards throughout the City. The City was unable to reach agreement with the various vendors who owned the wireless network. Staff then sought alternative methods to provide broadband access' to the patrol vehicles. Staff initiated discussions with two cellular phone companies (Sprint, Verizon) to study the different wireless networks that each operated throughout Chula Vista. Staff conducted a city-wide experiment measuring the signal strength and data transmission speed at 200 locations. Based upon this research, staff will contract broadband/wireless connectivity through Sprint. Sprint offers two advantages: 1) Lower monthly cost for service 7-5 Item No Meeting Date 06/06/2006 2) Sprints network was designed as a data network which will offer greater scalability of their network in the future. Verizon's network is a converted voice network which will have difficulties in upgrades and modifications in the future. Staff currently projects that it will cost approximately $50,000 per year for wireless service through Sprint Communications. This yearly cost will be incurred until there comes a time in which the City is able to implement it's own wireless system. Staff from the City Managers Office and Management and Information Systems is currently in negotiations with a wireless service provider to provide wireless connectivity for the entire City operations. The negotiations are ongoing and it is premature to predict a start date for this new service at this time. Because of the uncertainty for full implementation of the MDC's into the vehicle fleet and the late date of this proposal in the upcoming FY2007 budget cycle, staff will return mid-fiscal year for an appropriation to fund the cost of the wireless services if necessary. Technology Transfer Additional value can be obtained from the current MDC's by transferring them to the City's Planning and Building Department. Staff from the Planning and Building Department have indicated that they could utilize the computers in their vehicle fleet to improve the way they share and process data. The total number of L-3 MDC's (79) exceeds the number of vehicles used by the Planning & Building Department, so it is anticipated that the surplus of MDC's could be used as spare parts for a significant time, thus supporting continued use of the L-3 in a non-critical, but useful assignment within the City of Chula Vista. FISCAL IMPACT Approval of this resolution will result in the appropriation of $800,000 to the FY2006 Services and Supplies budget of the Technology Replacement Fund from the unappropriated fund balance of the Technology Replacement Fund for the purchase of MDC's. There is no impact to the General Fund for the purchase of the MDC's since there are sufficient funds available from the Technology Replacement Fund. 7-6 RESOLUTION NO. 2006- RESOLUTION AUTHORIZING THE PURCHASE OF MOBILE DATA COMPUTERS AND RELATED SERVICES AND SUPPLIES FROM GTSI CORPORATION ON AN AS NEEDED BASIS UNDER THE TERMS AND CONDITIONS OF A COUNTY OF FAIRFAX, VIRGINIA COOPERATIVE AGREEMENT (#RQ03-605674-16A) WITH THE US COMMUNITIES PURCHASING ALLIANCE AND APPROPRIATING FUNDS THEREFORE. WHEREAS, the Police Department currently utilizes a wireless computer network to support information sharing between Police Dispatchers and patrol officers; and WHEREAS, this network is no longer serviceable, therefore staff has researched a new wireless solution which will allow the department to provide high bandwidth communications to police vehicles; and WHEREAS, current police Mobile Data Computer's (MDC) in the patrol vehicle fleet are nearing the end of their useful life; and WHEREAS, staff has researched extensively a replacement for the MDC's and a new high-bandwidth wireless network; and WHEREAS, the new MDC's will be purchased through the terms and conditions of a County of Fairfax, Virginia cooperative agreement (#RQ03-605674-16A) with the US Communities Purchasing Alliance in which the City is not a signature to the contract and will not incur any liability under the contract. However, the City will benefit from the reduced costs; and WHEREAS, the Police Department will contract with Sprint Communications for provision of high-bandwidth wireless network access; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the purchase of mobile data computers and related services and supplies from GTSI Corporation on an as needed basis under the terms and conditions of a County of Fairfax, Virginia Cooperative agreement (#RQ03-605674- 16a) with the US Communities Purchasing Alliance; appropriate $800,000 to the FY2006 Services and Supplies budget of the Technology Replacement Fund from the unappropriated fund balance. 7-7 Presented by: Approved as to form by: ---, j-,,,;--{f":; ~ '\Of, ~~\--A\\.\\, Ann Moore City Attorney Louie Vigna piano Director of MIS 7-8 COUNCIL AGENDA STATEMENT Item - Meeting Date 6/06/06 SUBMITTED BY: Resolution Accepting bids and awarding three tree trimming contracts totaling $179,20 I to provide tree trimming services and authorizing the Purchasing Agent to renew the agreements for five (5) additional, one (1) year option periods Director of Public Works operation~ Director of Finan~ City Manager f ~ P f< (4/5 Vote: Yes_ No..1LJ ITEM TITLE: REVIEWED BY: Bids to provide multi-year tree trimming services opened on April 27, 2006. Fourteen (14) Requests for Bid packets were mailed out; three (3) were sent to local contractors. The bid was also advertised in the San Diego Union Tribune and electronically on Planet Bids. Representatives from ten (10) companies attended a mandatory pre-bid conference held on April 12, 2006. Five (5) contractors submitted bids; none of them were from Chula Vista. Staff recommends that three bidders, Atlas Environmental Services, West Coast Arborists, and California Tree be awarded the contracts. RECOMMENDATION: That Council accept bids and award three tree-trimming contracts totaling $179,201 to Atlas Environmental Services ($50,700), West Coast Arborists ($55,568), and California Tree ($72,933) to provide tree trimming services and authorizing the Purchasing Agent to renew the agreements for five (5) additional, one (I) year option periods. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Purchasing Agent bid the contract so that the contract could be awarded by item, groups of items, or as a lot, whichever was in the best interest of the City. Each bid was evaluated to determine which contractor was the lowest bidder. Original bid submittals are available in the Purchasing Agent's office. The following tables list the contract amount bid by the low bidder for certain grouped items. Table 1 Summary of Atlas Environmental Services' Bid BID BID ITEM DESCRIPTION AtVIOUNT 1. Queen (Cocos) Palms $20,292 2. Fan Palms $30,408 CONTRACT TOTAL $50,700 8-1 Page 2, Item_ Meeting Date 6/06/06 Table 2 Summary of West Coast Arborists' Bid BID BID ITEM DESCRIPTION AMOUNT 6. Large Eucalvotus $18,620 7. Medium Eucalvotus $11,570 8. Small Eucalvntus $14,350 9. Mature Eucalvotus $ 3,300 10. Pine $ 7,728 CONTRACT TOTAL $55.568 Table 3 California Tree's Bid BID BID ITEM DESCRIPTION AMOUNT 5. Broadleaf $50,700 CONTRACT TOTAL $50.700 The total cost of all items is $179,201. Sufficient funds are available for tree trimming services in the Public Works Operations' Budget for FY07. To ensure contract compliance, a 100% performance and payment bond is required. Staff recommends that three bidders, Atlas Environmental Services, West Coast Arborists, and California Tree be awarded the contracts. Pricing is firm for the initial term of the agreement, which is through June 30, 2007. Thereafter, the agreement may be extended by mutual consent for five (5) additional, one-year option periods. The maximum allowable price increase for each option period is 5%. ENVIRONMENTAL STATUS The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15301 ofthe State CEQA Guidelines. Thus, no further environmental review is necessary. FISCAL IMPACT: The total cost for next fiscal year's requirements for tree trimming services is $179,201. Sufficient funds are available in the Public Works Operations' Budget. There is no direct fiscal impact from approving this resolution in that funds expended for subsequent fiscal years will have been approved through the normal budget or appropriation process. Purchase orders will be issued as authorized departmental requests are received. C:\Documents and Settings\robet1b\My Documents\Bob\A 113 Tree Tlimming Contract 07a.doc 8-2 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THREE, TREE TRIMMING CONTRACTS TOTALING $179,201 TO PROVIDE TREE TRIMMING SERVICES AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL ONE (I) YEAR OPTION PERIODS WHEREAS, bids to provide multi-year tree trimming services opened on April 27, 2006. The Purchasing Agent bid the contract so that the contract could be awarded by item, groups of items, or as a lot, whichever was in the best interest of the City. Each bid was evaluated to determine which contractor was the lowest bidder WHEREAS, fourteen (14) Requests for Bid packets were mailed out, including three (3) which were sent to local contractors; and WHEREAS, five (5) contractors submitted bids; none of them were trom Chula Vista; and; WHEREAS, staff recommends awarding the tree trimming services contracts to the following contractors: Contractor Bid Amount 1. Atlas Environmental Services $50,700 2. West Coast Arborists $55,568 3. California Trees $50,700 WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has determined that the Project qualifies for a Class I categorical exemption pursuant to Section 1530 I of the State CEQA Guidelines. No further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award three, tree trimming contracts totaling $179,201 to provide tree trimming services and authorizing the purchasing agent to renew the agreements for five (5) additional one (1) year option periods. Presented by Approved as to form by Dave Byers Director of Public Works ~C).)(,," \\~~ \j\ Ann Moore City Attorney J:\Attomey\RESO\BIDS\Tree trimming service contractsnaccept bids.doc 8-3 COUNCIL AGENDA STATEMENT Item:~r Meeting Date: 06/06/06 ITEM TITLE: Resolution Approving receipt of $6,870 in community donations and amending the Fiscal Year 2006 Recreation Department Budget by appropriating $6,870 in unanticipated revenue from the donations for senior s~ and recreation center grand opening events Director ofRecreati~ City Manager 1ft::. pt, 4/SthsVote:(YesX No~ SUBMITTED BY: REVIEWED BY: The Recreation Department has received $5,770 in donations from various community members and organizations for the Norman Park Center's Fitness Program and the Life Options Program. In addition, the Department has received $1,000 from Wal-Mart to help with the grand opening festivities at Veterans Park, Montevalle, and Salt Creek Recreation Centers and $100 from the Chula Vista Veterans Home for Veterans Park Center. The Recreation Department is requesting that these donations be appropriated to its operating budget so that equipment and supplies can be purchased. STAFF RECOMMENDATION: That the Council adopt the resolution amending the FY06 Recreation Department budget by appropriating $6,870 in Supplies and Services based on unanticipated donation revenue. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: Norman Park Center's fitness center opened March I. To date, over 50 citizens have joined the fitness center and IS have registered for a circuit training class offered in the fitness center. Funding for this project was obtained through a bequest to the Senior Center and the General Fund. There has been overwhelming support of the program, as evidenced by the following donations: Wal-Mart - $2,000, the Chula Vista Senior Citizens Club - $1000, and individual donors - $470. The Friends of Parks and Recreation offered a match of $1300, making total donations for the fitness center at $4,770. This funding will be used to purchase a piece of fitness equipment. Currently, the fitness center has four pieces of cardio equipment, four pieces of strength equipment, a weight bench and free weights. The Life Options program began almost three years ago with grant funding from the County of San Diego Aging and Independence Services. The website and annex offer opportunities, community wide, in the areas of civic engagement, education and learning, employment and second career training, health and fitness and recreation and travel. This program places adults 9-1 Page 2, Item: Meeting Date: 06/06/06 9 in senior mentor positions, offers monthly presentations on topics of successful aging and assists citizens in making choices with their time during retirement. Wal-Mart has made a donation of $1000 for this program to continue its website. Wal-Mart has also made a $1,000 donation to help with the grand openings of the City's three new recreation centers in community parks - Veterans, Montevalle, and Salt Creek. These funds are being used to buy supplies and prizes for the public. It should be noted that Wal-Mart previously donated $3,000 to the mobile recreation program, which is being used to purchase supplies and equipment to begin the program at Harborside Park. Finally, the Veterans Home of California-Chula Vista has made a $100 donation for Veterans Park Center, which will also be used for the grand opening. FISCAL IMPACT: There is no net impact to the General Fund. The $6,870 in donated funds needs to be appropriated to the Recreation Department for the purchase of supplies and services. 9-2 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $6,870 IN COMMUNITY DONATIONS AND AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,870 IN UNANTICIPATED REVENUE FROM THE DONATIONS FOR SENIOR SERVICES AND RECREATION CENTER GRAND OPENING EVENTS WHEREAS, the Recreation Department has received $5,770 in donations from various community members and organizations for the Norman Park Center's Fitness Program and the Life Options Program; and WHEREAS, the Recreation Department has received a donation of $1,000 from Wal- Mart to help with the grand opening festivities at Veterans Park, Montevalle, and Salt Creek Recreation Centers, and another donation of $1,000 from Wal-Mart for the Life Options Program; and WHEREAS, the Recreation Department has received $100 from the Chula Vista Veterans Home for Veterans Park Center; and WHEREAS, the Department is requesting that these donations be appropriated to its Fiscal Year 2006 operating budget so that equipment and supplies can be purchased as designated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve receipt of $6,870 in donations from various community members and organizations, and amend the Fiscal Year 2006 Recreation Department budget by appropriating $6,870 in unanticipated revenue from these donations for senior services and recreation center grand opening events. Jack Griffin Director of General Services ~~ I / Ann Moore City Attorney Presented by J:\Attomey\RESO\FiNANCE\Amend FY 06 Recreation budget -- appropriating $6,870.doc 9-3 COUNCIL AGENDA STATEMENT Item Meeting Date 06/06/06 ./ ITEM TITLE: Public Hearing on Chula Vista's portion of the Regional Transportation Improvement Program Resolution Approving the submittal of Chula Vista's portion of the Regional Transportation Improvement Program for Fiscal Years 2006/07 through 2010/11 to the San Diego Association of Governments (SANDAG). SUBMITTED BY: Acting Director of Engineering:fl) City Manager f Jc 7 f (4/5ths Vote: Yes _ NoL) REVIEWED BY: State and Federal Regulations require the San Diego Association of Govemments (SANDAG) to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years in order to continue recieving Federal and State funding. All projects that the City of Chula Vista proposes to fund with Transnet funds must be included in the RTIP, which currently covers Fiscal Years 2006/07 and 2007/08 under the original legislation and Fiscal Years 2008/09 through 2010/11 under the Transnet extension. RECOMMENDATION: That Council: 1. Conduct a Public Hearing on Chula Vista's portion of the Regional Transportation Improvement Program; 2. Adopt a resolution approving the submittal of Chula Vista's portion of the Regional Transportation Improvement Program for Fiscal Years 2006-07 through 201 0-11 to the San Diego Association of Governments (SANDAG) BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The voters of San Diego County approved the Transnet Program as Proposition 'A' in November 1987. This proposition enacted a Yz percent increase in the Countywide sales tax through 2008 to fund specified transportation programs and projects. One third of the revenues generated by the tax are allocated by SANDAG to the local agencies for local streets and roads purposes. The other two thirds are split between two additional primary purposes: regional highway improvements and public transit. The Transnet ordinance provides that the use of Transnet revenue be prioritized as follows: 1. To repair and rehabilitate existing roadways. 2. To reduce congestion and improve safety. 3. To provide for the construction of needed facilities. 10-1 >/J Page 2, Item ! J Meeting Date 6/06/06 In November 2004,67 percent of County voters supported Proposition A, which extends Transnet from 2008 to 2048 and generates $14 billion to be distributed among highways, transit, and local road projects in approximately equal thirds. The new legislation stipulates that local agencies give high priority to improvement of regional arterials, grade separation projects, and facilities contributing to congestion relief in programming their shares of funding for the Local Street and Road Program. At least 70 percent of these funds must be used to fund construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signalization, transportation infrastructure to support smart growth, capital improvements for transit facilities, and operating support for local shuttle and circulator transit routes. No more than 30 percent of Transnet funds should be used for local street and road maintenance. Transnet revenue forecasts are based on each City's current population and miles of maintained streets and roads. Every two years, as these data change, SANDAG updates its RTIP and releases new funding proj ections for the cities within San Diego County. At those intervals, cities have the opportunity to amend their fund programming, using the Transnet Program guidelines. In 2004, City staff submitted to SANDAG the FY 2005-08 RTIP submittal package, which was approved by City Council after a public hearing per Resolution 2004-057 on February 24,2004. The 2006 RTIP is slated for adoption by the SANDAG Board on June 23 and submittal to State and Federal agencies on August 1,2006. This will cover five fiscal years, including Fiscal Years 2006-07 and 2007-08 under the original Transnet legislation and Fiscal Years 2008-09 through 2010-11 under the Transnet Extension. As previously discussed, the Transnet extension has more limitations than the original Transnet. The current guidelines proposed by SANDAG for the split between congestion relief (at least 70%) and maintenance (30% maximum) are shown on Attachment 1. SANDAG has also proposed a 1 % limitation - which is included as part of the 30% - on all planning and studies. City staff and representatives of other agencies are currently in negotiation with SANDAG on this issue. Additionally, SANDAG has required that all agencies provide specific locations for projects included in the congestion relief portion oftheir programs. For the City ofChula Vista, a large portion of the funds would be included in the overlay program. City staff anticipates generating a five-year Pavement Rehabilitation Program based on the results of the Pavement Management System. These results will include an overlay program and are anticipated for presentation to Council this fall. We will then be able to provide a specific list of these projects to SANDAG with next year's RTIP amendment. Thus, this portion of the programming form has been annotated to indicate such for Fiscal Years 2009 through 2011. Attachment 2 includes a list of all projects that will be included in the proposed RTIP. The City's annual allocation is estimated to vary between $5.3 million and $5.9 million. Funding of approximately $6.61 million comprised of the estimated annual allocation and fund balance is available for programming in Fiscal Year 2006-07. Some of the programming highlights are described below: 1. H Street and 1-5 Interchanl!e Improvements: This project involves preliminary engineering, environmental analysis, and project design for future widening and improvement at this location. This project will receive $2.16 million in Federal earmarked funds through the SAFETEA-LU program. The City's 20 percent match amounts to $540,000 in Fiscal Year 2008-09. 2. L Street: Monserate Avenue to Nadon Ave.: City staff has formed a utilityundergrounding district in this area and understands that SDG&E will be able to complete their work by the end of 10-2 Page 3, Item Meeting Date ,""' I~' 6/06/06 calendar year 2007. The City must create a CIP project for design and construction of streetlight installation and relocation to be done in conjunction with this project. 3. Neighborhood Traffic and Pedestrian Safety Program (TF-327): This project has formerly been funded entirely from Gas Tax and includes education, community outreach and construction oftraffic calming measures. The additional Transnet funding (between $130,000 and $160,000 per year) will allow for the expansion ofthis program and the construction of additional projects. 4. School Zone Traffic Calming Program (New): This program will include field identification and installation of traffic calming measures near schools, such as traffic control devices, signing and striping, and minor street improvements. Tentative plans include the re-establishment of the School Safety Task Force to facilitate field identification efforts. This program was very popular and effective, but was previously eliminated due to funding availability. The annual Transnet allocation ranges from $130,000 to $160,000. 5. Third Avenue Orange to Main Street Improvements (STM-352): This project is included in the Fiscal Year 2005-06 CIP and will provide the ultimate street improvements including curb, gutter and sidewalk, as well as pavement rehabilitation (at least an overlay). Transnet will provide funding for the construction phase in Fiscal Year 2008-09. 6. Traffic Signing and Studies: This includes additional funding for two existing programs, Traffic Signing and Striping (TF-332) and Traffic Monitoring Studies (TF-323), as well as partial funding for a transportation study in Fiscal Year 2006-07. In order to comply with SANDAG's regulations, the $55,000 will be used entirely for signing and striping from Fiscal Year 2008-09 to 2010-11. The major impact ofthe new Transnet legislation will be on the pavement rehabilitation program. Cities will now be required separate programs for installing chip seals, flex seals and ARAM (asphalt rubberized aggregate membrane) from programs for overlays and pavement reconstruction. Since the seal program will need to share the 30 percent funding share with other maintenance projects, other sources of future funding should be considered, such as Proposition 42 funds. Certain infrastructure elements are eligible for 70 percent funding in designated Smart Growth areas, such as pedestrian ramps and crossings, traffic calming measures, and sidewalk repair. It may be advisable to create separate CIP projects in the future to install such improvements in Smart Growth areas. Staff has also proposed a larger percentage of maintenance proj ects in Fiscal Year 2006-07 to take advantage of the more flexible funding provisions in the original Transnet regulations while they are still in effect. Another major provision of the new Transnet extension is addressed in Section 9 of the RTIP Ordinance and Expenditure Plan (04-01). Starting on July 1, 2008, each local jurisdiction will be required to exact $2,000 from the private sector for each newly constructed housing unit. This amount will be increased annually by an amount not to exceed the Engineering Construction Cost Index published by ENR or similar index. New residential housing units constructed for extremely low, very low, low and moderate income households are exempt from these exactions. These exactions shall ensure that future development contributes its proportional share of funding for improvements to the Regional Arterial System and related regional transportation facilities, as defined in SANDAG's most recent adopted Regional Transportation Plan. Such improvements may include new or widened arterials, traffic signal coordination, freeway interchange and related freeway improvements, railroad grade separations, and improvements required for 10-3 Page 4, Item Meeting Date 6/06/06 regional express bus and rail transit. Each local agency shall establish an impact fee or other revenue funding program by which it collects and funds its contribution to the Regional Transportation Congestion Improvement Program. FISCAL IMPACT: There is no impact to the General Fund. Attachment 1. Transnet Ordinance and Expenditure Plan Guidelines (Draft) 2. Transnet Allocation - FY2007 through FY2011 J:\EngineerlAGENDA ICAS2006\05-23-06\RTIP 2007-II.emc.DOC 10-4 ,.. ATTACHMENT I ......... TransNet Local Street and Road Program TransNet Ordinance and Expenditure Plan Implementation Guidelines Draft: March 15, 2006 The TransNet Ordinance requires that at least 70 percent of the revenues provided for local street and road purposes should be used to fund direct expenditures for facilities contributing to congestion relief. No more than 30 percent of these funds should be used for local street and road maintenance purposes. The required multi-year Regional Transportation Improvement Program (RTIP) project lists submitted by local agencies that are found to be out of compliance with this requirement will not be approved. Local agencies may request an exception to this requirement and must provide justification for such a request as part of its project list submittal. The following table categorizes and lists the more typical types of facilities that are considered to contribute to congestion relief. For other facilities not listed, it must be demonstrated that congestion relief can be obtained before the project can be considered part of the 70 percent category. Clarification is added in the roadway maintenance column as to eligibility as part of the 30 percent category but non-eligibility as part of the 70 percent category. Facilities that are not considered to contribute to congestion relief are listed at the end of the table in the maintenance column. Congestion Relief IA~ least 10%) New or Expanded Facilities 1. New roadways and bridges 2. Roadway and bridge widening 3. Roadway widening for bike lanes Major Rehabilitation and Reconstruction 4. Roadway rehabilitation (grinding and overlay, or new structural pavement, or new overlay 1 inch thick or greater) 5. Roadway realignment 6. Bridge retrofit or replacement 7. Roadway drainage improvements for the purpose of improving capacity impeding conditions such as significant and frequent roadway fiooding Traffic Operations 8. Median installation for safety improvement or left turn movement 9. New traffic signal, PPL T installation, signal removai for congestion relief reasons, traffic signal upgrades, intersection lighting 10. Traffic signal coordination 11. Traffic signal interconnection 12. Centrally controlled traffic signal optimization system 13. Traffic surveillance system (video) 14. Traffic data collection system for performance monitoring purposes (in pavement detection, radar) 10-5 , Maintenance and:NorrCC,",gesffon Relief . '" (lIi'b mo,eitta!> 31}'M .' . Lane removal for bike !anes . Pavement overlay (less than 1 inch) . Pot hole repair, chip seal, fog seal, crack seal (except when part of roadway rehabilitation project) . Roadway realignment that does not increase roadway capacity . Bridge replacement for aesthetic purposes . Minor drainage improvements not part of a congestion relief project . Stand alone landscaping project of an existing median . Traffic signai replacement, bulb replacement, hardware, software, inductive loop repair Smart Growth Related Infrastructure' 15. New sidewalks, sidewaik widening or repair 16. Traffic calming measures 17. Pedestrian ramps 18. Pedestrian traffic signal activation 19. Pedestrian crossings/overcrossings 20. Buffer area between sidewalk and street 21. Pedestrian roadway lighting . Light buib replacement Transit Facilities 22. New bus stops 23. Bus stop enhancements 24. Bus-only lanes . Bus-only lanes that do not provide congestion relief 25. Queue jumper lanes for buses 26. Traffic signai priority measures for buses 27. Transit operational costs for shuttle and circulator routes Non-Congestion Relief 28. Erosion control (unless required as part of a congestion relief project) 29. Landscaping (unless required as part of a congestion relief project) 30. Roadway signing and delineation (unless it is a congestion relief project) Note: Staff costs for congestion relief project development (environmental, preliminary engineering, design, right-of-way acquisition, and construction management) are eligible expenditures under the 70 percent category. Staff costs for transportation infrastructure maintenance or traffic operations efforts are eligibie under the 30 percent category. Costs for general TransNet fund administration and transportation pianning are eligible up to one percent of annual revenues. To receive credit for providing congestion relief under the 70 percent category, smart growth-related infrastructure must be provided in one of the existing or planned (not potential) seven Regional Comprehensive Plan smart growth land use type characteristic areas: Metropolitan Center, Urban Center, Town Center, Community Center, Transit Corridor, Special Use Center, Rural Community. 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'-' OJ I- - II) ~ 0 1:J II) c: a:: >> - 0 ~ Q) 0 "S Q) "' a:: '" "' c. 1:J a:: Q) 0 CL a; '" c: c: 0 c: c: "' 1: ;;: E '" - .s:::: "2' 0 Q) c. > -" Q) c: ~ N .s:::: 0 Q) Q) <( 1:J > - Q) 0 I/) I- ~ E '-' '" rn <( Q) Q) E ..a 0 -' c. c: .s:::: 0 ;;: ~ ~ .s:::: '-' ~ Q) '" t ~ 1:J Q) ~ 0 '" aJ II) - OJ Q) > > :J "= - I/) > .s:::: - "' :2 I/) "ii) '" 0 '" 1:J 0 .s:::: '" ~ '-' 0 '" CL <( LL Z I/) I- -' I CL Z l- I/) I- Z .s:::: 10-7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006-07 THROUGH 2010-11 TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program ordinance and Expenditure Plan (87-01); and . WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (04-01) extension; and WHEREAS, every two years, SANDAG updates the Regional Transportation Improvement Plan (RTIP) and releases new funding projections for the cities within San Diego County. All projects that the City of Chula Vista proposes to fund with Transnet funds must be submitted to SANDAG for inclusion in the RTIP, which currently includes Fiscal Years 2006-07 through 2010-11; and WHEREAS, Section 8 of both Transnet ordinances requires that a required minimum annual level of annual discretionary funds be expended for street and road purposes throughout the five-year programming period consistent with Maintenance of Effort Requirements adopted by the SANDAG Commission on June 24,1988 and on May 28,2004; and WHEREAS, Section 9 of the Transnet Ordinance requires that funds programmed under Transnet do not replace private developer funding which has been or will be committed to a project; and WHEREAS, Section 9a of the Transnet extension Ordinance (04-01) requires that each agency extract from the private sector $2000 per residential unit, with annual escalation based on the ENR (or similar) Construction Cost Index, excluding low to moderate income housing units; and WHEREAS, Section 16 of Transnet Ordinance 87-01 and Section 18 of Transnet Ordinance 04-01 require that each project of $250,000 or more be clearly designated with Transnet project funding identification signs; and WHEREAS, SANDAG Policy #15 requires each local agency to hold harmless and defend the SANDAG Commission against challenges related to local Transnet projects; and WHEREAS, on February 24, 2004, the Chula Vista City Council held a public hearing and approved Resolution No. 2004-057 adopting a new four-year list of Transnet projects for inclusion in the Regional Transportation Improvement Program (RTIP) for Fiscal Years 2004-05 through 2007- 08; and WHEREAS, as the City's projects have been completed or design plans further developed, thus refming scope of work and cost estimates, and as the new RTIP will include three additional years under the Transnet extension, it is necessary for the City to adopt a new five-year list of Transnet-funded projects for inclusion in the RTIP for Fiscal Years 2006-07 through 2010-11; and H:\ENGINEER\RESOS\Resos2006\06-06-06\Transnet FY07-FYll Reso.doc 10-8 WHEREAS, the proposed list of projects to be funded by Transnet during Fiscal Years 2006- 07 through 2010-11, provided in the attached table, is consistent with the City's Capital Improvement Program; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the submittal of Chula Vista's portion of the Regional Transportation Improvement Program for Fiscal Years 2006-07 through 2010-11 to the San Diego Association of Governments (SANDAG). I BE IT FURTHER RESOLVED that the City will meet all applicable provisions o(Transnet Ordinances 87-01 and 04-01 and hold harmless and defend the SANDAG Commission against challenges related to local Transnet funded projects. Presented by: Approved as to form by: Leah Browder Acting Director of Engineering H:\ENGTNEER\RESOS\Resos2006\06-0G-06\Transnet FY07~FY11 Reso.doc 10-9