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Home My WebLink About2007/03/06 Agenda 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 document on the bulletin board accordin~ ~ ~ Brown Act requirements. ~ ~ 3-2-0 Si9~ ~~; CllY OF CHUlA VISTA Cheryl Cox, Mayor Rudy Ramirez, Council member Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember March 6, 2007 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY PUBLIC WORKS OPERATIONS DIRECTOR DAVE BYERS, OF EMPLOYEE OF THE MONTH, DANNY LIMA, SENIOR PUBLIC WORKS INSPECTOR CONSENT CALENDAR (Items I through II) 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. I. APPROVAL OF MINUTES of the Adjourned Regular Meetings of November 16, 2006 and January 15,2007, the Regular Meeting of January 16, 2007, the Adjourned Regular Meeting of January 16,2007 and Special Meeting of the Public Financing Authority, the Adjourned Regular Meeting of January 18, 2007, the Special Meetings of February 4 and February 8, 2007, the Regular Meeting of February 13, 2007, and the Special Meeting of February 13, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Sherry Strothers, member of the Veterans Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 14-1 (OTAY RANCH VILLAGE TWO) Otay Project, L.P. submitted an application for establishing Community Facilities District No. 14-1 (CFD 14-1) to fund the acquisition or construction of certain public improvements serving the City of Chula Vista and development improvements serving the Otay Project, L.P. properties within Village Two of the Otay Ranch in the amount of approximately $127 million. Adoption of the resolution initiates the formal proceedings for the proposed CFD 14-1 (City Engineer) Staff recommendation: Council accept the report and adopt the following resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 14-1 (OTAY RANCH VILLAGE TWO) FOR THE OTAY PROJECT L.P., AND APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY WATER DISTRICT, AND THE SWEETWATER AUTHORITY WHICH CREATED THE INTERAGENCY WATER TASK FORCE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED COOPERATIVE AGREEMENT The City Council approved the Cooperative Agreement for the Interagency Task Force in 1991. Adoption of the resolution approves an amendment to the agreement to allow the selection of a Vice Chairman, the inclusion of a Drought Management Program, the inclusion of a termination provision including clarifying language, and the revision of the frequency of meetings. (City Engineer) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda htto:/ /www.chulavistaca.2ov March 6, 2007 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL FUND FOR COSTS INVOLVED WITH INSTALLATION OF A TRAFFIC SIGNAL AT MAIN STREET AND AUTO PARK PLACE (4/5THS VOTE REQUIRED) The City previously approved developments including two auto parks and other supporting auto related businesses on the north and south sides of Main Street. As a result of the developments, a new traffic signal was needed at the intersection of Main Street and Auto Park Place. Sunroad Enterprises paid the total project cost with the understanding that reimbursements would follow from the City and the developer upon project completion. Adoption of the resolution appropriates the City's share of the project from the City's Traffic Signal Funds for reimbursement to Sunroad Enterprises. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $116,000 AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Fire Department has received donations in the amount of $116,000 from various community donors. These donations were made to support the department's operations and the funds will be used for equipment purchases and Fire Facility improvements that are not funded in the Fiscal Year 2007-2008 budget. Adoption of the resolution approves the appropriation of said donated funds. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $210,083 IN REIMBURSEMENTS FROM VARIOUS STATE AND LOCAL AGENCIES TO OFFSET OVERTIME AND SUPPLIES AND SERVICES COSTS IN THE FIRE DEPARTMENT (4/5THS VOTE REQUIRED) The Fire Department participates in Automatic Aid Agreements with all other agencies within San Diego County, and an Agreement for Local Govermnent Fire Suppression Assistance to Forest Agencies and the Office of Emergency Services. Through the agreements, the Department provides staff and equipment resources on a reimbursement basis. Additionally, the Department receives reimbursements for staff time from the County of San Diego State Homeland Security Office for eligible project work. Adoption of the resolution accepts and appropriates $210,083 in reimbursements from these agencies. (Fire Chief) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda htto:/ /www.chulavistaca.gov March 6, 2007 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO BEGIN THE PUBLIC PROCESS AS REQUIRED UNDER PROPOSITION 218, TO INCREASE THE AB939 FEE TO FULLY FUND THE STATE MANDATED WASTE DIVERSION AND RECYCLING PROGRAMS AS PROVIDED FOR UNDER AB939, THE WASTE MANAGEMENT ACT Events have occurred which have placed substantial strain on the City of Chula Vista's AB939 funds. The disposal/operating costs have increased 100% as a result of the increased traffic and corresponding Household Hazardous Waste (HHW) disposal volumes as a result of new legislation. Adoption of the resolution directs staff to begin the public process to increase the AB939 fees to fully fund the State mandated waste diversion and recycling programs. (General Services Director) Staff recommendation: Council adopt the resolution. 9. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE EMERGENCY SEWER LINE REPAIR - OT A Y LAKES ROAD AND EASTLAKE P ARKW A Y AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF GENERAL SERVICES FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH METROPOLITAN CONSTRUCTION B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROGRAM PROJECT "EMERGENCY SEWER LINE REPAIR - OTAY LAKES ROAD AND EASTLAKE PARKWAY" (SW248), AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROJECT, AND APPROPRIATING SEWER FACILITIES REPLACEMENT FUNDS TO TRANSFER EXPENDITURES MADE FOR SAID PROJECT (4/5THS VOTE REQUIRED) On October 19, 2006 the General Services Department was informed by Public Works Operations, that the fifteen-inch sewer line at Otay Lakes Road and Eastlake Parkway was severely damaged and could lead to the undermining of the road. City crews immediately televised the sewer lines and assessed the damage. In accordance with the emergency provisions of Section 1009 of the City Charter, City staff prepared bid documents to address the repair and obtain three bids. Staff entered into an agreement with the lowest responsible bidder, Metropolitan Construction. An informational item was submitted to Council in November, the final report to be brought back after the full cost of the project was identified. The project was completed in December and this report represents the total expenditures for the repair. (General Services Director) Staff recommendation: Council adopt the resolutions. Page 4 - Council Agenda htto://www.chulavistaca.gov March 6, 2007 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS IN THE AMOUNT OF $120,014 AS PAID TO THE CITY OF CHULA VISTA BY CRICKET COMMUNICATIONS TO THE GAYLE MCCANDLISS PARK CAPITAL IMPROVEMENT PROJECT (CIP PR-179) FOR FUTURE IMPROVEMENTS TO THE PARK (4/5THS VOTE REQUIRED) At the City's request, Cricket Communications (Cricket) agreed to assist with funding of future park improvements at Gayle McCandliss Park, including the installation of a wireless facility. Cricket agreed to provide full payment for the 5-year lease of the site in one lump sum and an additional $12,000 for two new light fixtures. Cricket paid the total amount agreed upon of $120,014 to the City on January 6, 2007, and adoption of the resolution appropriates these funds to the project. (General Services Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $205,670 FROM THE HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM AND APPROPRIATING FUNDS THEREFOR, WANING THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING A ONE-TIME PURCHASE OF MONITORING AND SURVEILLANCE EQUIPMENT FROM JSI (4/5THS VOTE REQUIRED) The High Intensity Drug Trafficking Area (HIDTA) Program has awarded the Police Department $205,670 for the purchase of monitoring and surveillance equipment for the Operation Alliance Task Force. The funding from the HIDTA program includes the $199,680 expenditure reimbursement, along with a 3% administrative fee for processing the purchase. Adoption of the resolution accepts the funds, appropriates $199,680 to the Fiscal Year 2006-2007 Police Department capital budget, waives the competitive bidding process, and authorizes a one-time purchase of monitoring and surveillance equipment from JS1. (police Chief) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Authority on any subject matter within the Council/Authority'sjurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council//Authority from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency/Authority may schedule the topic for fUture discussion or refer the matter to staff. Comments are limited to three minutes. Page 5 - Council Agenda htto:/ /www.chulavistaca.gov March 6, 2007 ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council/Authority, and is expected to elicit discussion and deliberation. 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. 12. CONSIDERATION OF PUBLIC lNPUT REGARDlNG DESlRED QUALIFICATIONS OF A NEW CITY MANAGER At its February 20,2007 meeting, the City Council directed staff to provide a report with recommendations for a process to obtain public input related to the selection of a new City Manager, and to indicate what would be appropriate and not appropriate to discuss in open session. As per memorandum from the City Attorney, staff is recommending public discussion be limited to general comments regarding the desired qualifications of a new City Manager, avoiding any discussion of specific candidates for the position. (Interim City Manager/City Attorney) Staff recommendation: That Council accept the report, and hear and consider any public input provided at the March 6th Council meeting regarding the qualifications desired of a new City Manager. 13. CONSIDERATION OF QUARTERLY FISCAL STATUS REPORT FOR THE QUARTER ENDED DECEMBER 31, 2006 In accordance with Charter Section 504 (t), the Fiscal Status Report covering the second quarter of Fiscal Year 2007 is submitted for approval. (Finance Director) Staff recommendation: Council accept the report and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATlNG $450,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE FlRE DEPARTMENT PERSONNEL SERVICES BUDGET FOR COSTS RELATED TO OVERTIME (4/5THS VOTE REQUlRED) OTHER BUSINESS 14. CITY MANAGER'S REPORTS IS. MAYOR'S REPORTS A. Ratification of Mary Helvie to the Commission on Aging. B. Ratification of Russ Hall to the Growth Management Oversight Commission. C. Ratification of Nancy Mulcahy to the International Friendship Commission. 16. COUNCIL COMMENTS Page 6 - Council Agenda hl\J}:/ /www.chulavistaca.gov March 6, 2007 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon On Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957. 7). 17. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 . Five cases 18. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager 19. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager ADJOURNMENT to the Regular meeting on March 13, 2007 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 Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 7 - Council Agenda htto:/ /www.chulavistaca.gov March 6, 2007