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HomeMy WebLinkAbout2007/04/03 Agenda eclare under penalty of perjury that I am yed by the City of Chula Vista in the ity Clerk and that I posted this bulletin board according to m~J1ts. ~7 17 . Signed --..12, ~~~ :~~ ~~;f~ mY OF CHUlA VISfA AJ' Cheryl Cox, Mayor Rudy Ramirez, Council member Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Councilmember April 3, 2007 4:00 P.M. CALL TO ORDER Council Chambers City Hall 276 Fourth Avenue 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 CAPTAIN DON HUNTER OF EMPLOYEE OF THE MONTH, JOHNNY JACKSON, COMMUNITY SERVICE OFFICER . OATHS OF OFFICE Daniel and Shirley Linder, Board of Library Trustees Georgie Stillman, Board of Library Trustees CONSENT CALENDAR (Items 1 through 6) 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. WRITTEN COMMUNICATIONS A. Letter of resignation from Jason Harmon, member of the International Friendship Commission B. Letter of resignation from Joe Little, member of the Growth Management Oversight Commission Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY COUNCIL POLICY REGARDING CONSIDERATION OF ATTORNEY REQUESTS FOR WAIVERS OF POTENTIAL CONFLICT OF INTEREST The City of Chula Vista periodically receives conflict of interest waiver requests from attorneys who were formerly employed by the City or who have served as outside counsel to the City. The requests arise out of the California Rules of Professional Conduct, governing attorneys who practice law in California, which require the attorney to obtain a written consent of a current or former client before beginning or continuing the representation of another client. Adoption of the resolution establishes procedures by which the City Attorney would review each request, includes an appeal period of the City Attorney's decision to the City Council, and allows for the Mayor or any Councilmember to request to hear the matter directly. (City Attorney) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $70,000 FROM THE A V AlLABLE BALANCE OF THE TRUNK SEWER CAPITAL RESERVE FUNDS TO PROJECT NO. SW249 FOR THE PREPARATION OF A JOINT FEASIBILITY STUDY FOR THE CONSTRUCTION OF A WASTEWATER RECLAMATION PLANT (4/5THS VOTE REQUIRED) The City prepared a Wastewater Master Plan Update concurrent with the General Plan Update, which estimated that the City would require additional treatment capacity for five to six million gallons per day at build-out. Several options are being pursued to meet this need. The City has partnered with Sweetwater Authority and Otay Water District for a joint feasibility study of a Wastewater Reclamation Plant to serve the needs of the three agencies, the study cost to be shared by the three agencies. Adoption of the resolution appropriates up to $70,000 for the City's share of the costs for the preparation of the study. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING CAPITAL IMPROVEMENT PROJECT ENTITLED "CMP STORM DRAIN PIPE REHABILITATION PROGRAM PROJECT, PHASE IV" (DR-169), AND TRANSFERRING EXISTING FUNDS FROM CIP "WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) PROJECT TO (DR-I69) FOR SAID PURPOSE (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "CMP STORM DRAIN PIPE REHABILITATION PROGRAM (DR-169) PROJECT, PHASE IV, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXPEND ALL A V AlLABLE FUNDS IN THE PROJECT Page 2 - Council Ageoda httD:/ /www.chulavistaca.l!ov April 3, 2007 As part of an ongoing program to rehabilitate corrugated metal drainage pipe (CMP) throughout the City, staff has surveyed and identified a number of storm drain facilities which are deteriorated and in need of rehabilitation. Adoption of the resolutions will establish a project and transfer funds, which will allow for the removal and replacement of drainage facilities at six locations. (General Services Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL ACCEPTING $65,000 FROM THE OFFICE OF TRAFFIC SAFETY, AMENDING THE FISCAL YEAR 2006/2007 POLICE DEPARTMENT BUDGET FOR THE CLICK IT OR TICKET PROGRAM, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Office of Traffic Safety has awarded $65,000 to the Police Department for the Click It or Ticket Program, in support of the national program. Adoption of the resolution will allow for the funds provided by this grant to be utilized to increase the level of seat belt enforcement hours on an overtime basis for first line supervisors, officers, and administrative time to meet grant reporting requirements. (police Chief) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE AMOUNT OF $87,266 FROM THE CASH BOND DEPOSIT FUND TO THE GENERAL FUND The City currently has unclaimed monies in the Cash Bond Deposit Fund. This money was deposited by the Police Department in accordance with Government Code Section 50050. In accordance with the Government Code provisions, money that remains unclaimed for three years may become the property of the City after certain advertising requirements are met. (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's jurisdiction 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 3 - Council Agenda htto:/ /www.chulavistaca.2ov April 3, 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. 7. CONSIDERATION OF CONSENTING TO THE TRANSFER OF THE TERESINA APARTMENT PROJECT FROM EAGLE LOMAS VERDES, L.P. TO EQUITY RESIDENTIAL The existing owner is looking to sell the project and transfer all obligations under the bonds to Equity Residential. Adoption of the resolution approves the transfer of the project and authorizes the City Manager to execute all related documents necessary. (Acting Community Development Director) Staff recommendation: Council adopt the following resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSENTING TO THE TRANSFER OF THE TERESINA APARTMENTS PROJECT FROM EAGLE LOMAS VERDES, L.P. TO EQUITY RESIDENTIAL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS NECESSARY IN THE TRANSFER 8. CONSIDERATION OF REJECTING THE FIRST AND SECOND BIDS AND ACCEPTING BID AND AWARDING CONTRACT FOR THE "OTAY PARK IMPROVEMENT PROJECT" On March 16,2007, the Director of General Services received sealed bids for the "Otay Park Improvement (PR-284)" project. The work consists of constructing a practice softball field with multipurpose field overlay, improving site drainage including a portion located in an easement over school property, providing picnic areas, a performance area, new walks, lighting, planting and irrigation. (General Services Director) Staff recommendation: Council adopt the following resolutions. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE FIRST AND SECOND LOW BIDS AND ACCEPTING AND AWARDING THE CONTRACT FOR THE "OTAY PARK IMPROVEMENTS PROJECT" (PR-284) TO THE THIRD LOWEST BIDDER, LANDMARK SITE CONTRACTORS, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXPEND ALL AVAILABLE CONTINGENCIES IN THE PROJECT (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTER-PROJECT TRANSFER FROM THE "WESTERN CHULA VISTA FINANCING PROJECT" (GG-188) TO THE "OTAY PARK IMPROVEMENTS PROJECT" (PR-284) AS NECESSARY TO COMPLETE THE PROJECT Page 4 - Council Agenda httn:! /www.chulavlstaca.l20V April 3, 2007 OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS A. Ratification of the appointment of Terry Jensen to the Veterans Advisory Commission. 11. COUNCIL COMMENTS 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). 12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager 13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Concerned Citizens v. City ofChula Vist!!, Case No. GIC 862773; B. JC Towing v. City ofChula Vist!!, Case No. GIC 869143 C. Mory v. Chula Vista Police Department. et al., Case No. 06 CV 1460 JAH(BLM); and D. Mory v. City of Chura Vista. et al., Case No. 07 CV 0462 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) A. One Case ADJOURNMENT to an Adjourned Regular Meeting, Thursday, April 5, 2007 at 6:00 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road. 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 jive 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 5 - Council Agenda htto:/lwww.chulavistaca.2.0V April 3, 2007