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HomeMy WebLinkAbout2007/05/01 Agenda I declare under penalty of perjury that I am employed by the City of Chula Vista in the OHice of the City Clerk and that I posted this document on the bulletin board accordin~~ ~ ft:. rown Act reqUirements. ;:::;3 ~ ~.LL ~ Signed 'j] ~ .~~~ em OF CHUIA VISfA Cheryl Cox, Mayor Rudy Ramirez, Councilmember Jim Thomson, Interim City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember May 1, 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 . OATHS OF OFFICE Rebecca Leister, the International Friendship Commission. . INTRODUCTION BY MARIA KACHADOORIAN, FINANCE DIRECTOR, OF THE EMPLOYEE OF THE MONTH, JAY HARRIS, PROCUREMENT SPECIALIST . INTRODUCTION BY POLICE CHIEF EMERSON OF PEACE OFFICERS: JACOB BOOHER, ROSIO GARDEA, ALBERT GARZA, JAIME GOMEZ, SCOTT HALL, MANUEL PADILLA, AND AMY PLETSCHER . PRESENTATION OF A PROCLAMATION BY MAYOR COX, PROCLAIMING MAY 6 THROUGH MAY 12,2007 AS NATIONAL NURSES WEEK IN THE CITY OF CHULA VISTA . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO ROY JENNESS, EXALTED RULER AND GARRY HUMMEL YOUTH ACTIVITY CHAIRMAN, OF CHULA VISTA ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY 7, 2007 AS YOUTH WEEK . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO BRAD REMP, ASSISTANT DIRECTOR OF BUILDING AND HOUSING, DECLARING MAY 6 THROUGH 12, 2007 AS BUILDING SAFETY WEEK . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO JERAMIE BROWN, PROJECT MANAGER WITH SANDAG, DECLARING THE WEEK OF MAY 14 THROUGH MAY 18,2007 AS BIKE TO WORK WEEK IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items 1 through 15) 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 the Special Meeting of March 1, 2007, the Adjourned Regular Meeting of March 26,2007, and the Regular Meeting of March 27,2007. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATNE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-06-005, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THREE PARCELS LOCATED AT 778, 780, 790, 792, 794, 808, AND 812 ADA STREET FROM R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE PARCELS (SECOND READING) Adoption of the ordinance approves a re-zone from R-2-P, One and Two Family residence zone with a Precise Plan Modifying District, to an R-3-P, Apartment Residential zone with a Precise Plan Modifying District, and an amendment to the Precise Plan Modifying District to establish development standards for the project site such as modified building heights and building setbacks. First reading of this ordinance was held on April 24, 2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 AND 17.24.050, AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT (SECOND READING) Loud party calls to the Police Department from citizens have increased steadily as the City has grown. Adoption of the ordinance amends Chula Vista's current Municipal Code dealing with noisy and disorderly conduct so to provide officers with the necessary tools, citations, and cost recovery, to deal with this growing problem. First reading of this ordinance was held on April 24, 2007. (police Chief) Staff recommendation: Council adopt the ordinance. Page 2 - COWlcil Agenda httJJ:/Iwww.chulavistaca.gov May 1, 2007 4. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE CHULA VISTA MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020 PERTAINING TO THE RECREATION DEPARTMENT AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT (FIRST READING) Chapter 2.16 of the Municipal Code currently provides for a Library and Recreation Department, which has evolved into two separate departments. Adoption of the proposed ordinance establishes the Recreation Department and the Library Department, and assigns duties and responsibilities to their Directors. (City Clerk) Staff recommendation: Council hold first reading of the ordinance. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $39,682 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES AND SUPPLIES BUDGET TO FUND UNANTICIPATED COSTS FOR THE NOVEMBER 7, 2006 SPECIAL MUNICIPAL ELECTION AND FOR SERVICES OF THE REGISTRAR OF VOTERS TO EXAMINE SIGNATURES ON TWO PETITIONS (4/5THS VOTE REQUIRED) Due to increased costs associated with the conducting of the November 7,2006 Special Municipal Election and the unanticipated services required of the Registrar of Voters to validate signatures on two petitions, it is necessary to appropriate $39,682 from the available balance in the general fund to the City Clerk's supplies and services budget. (City Clerk) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN DREAM DOWNPAYMENT (ADDI) AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZING TRANSMITTAL OF 2007-2008 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE ANNUAL ACTION PLAN IN THE FISCAL YEAR 2007-2008 PROPOSED BUDGET, AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT CONTRACTS FOR FISCAL YEAR 2007-2008 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (4/5THS VOTE REQUIRED) Adoption of the resolution finalizes the 2007/2008 spending plan for the Community Development Block Grant, Home Investment Partnership Act and Emergency Shelter Grant Programs, and appropriates the funds. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda http://www.chulavistaca.lZov May 1, 2007 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES CONSTRUCTED IN BIRCH ROAD WITHIN THE SRl25 RIGHT -OF - WAY McMillin Land Development has submitted a payment request for reimbursement in the form of Transportation Development Impact Fee (TDIF) credits for the construction of storm. drain facilities in Birch Road within the SRl25 right-of-way. The change order total of $302,206.19 is above the $50,000 limit, and therefore requires council approval. Adoption of the resolution approves the TDIF change order for the construction of the storm drain facilities and the reimbursement to McMillin in the form of TDIF credits. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE CONSULTANT SELECTION PROCESS AND APPROVING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC., FOR THE PROVISION OF ADDITIONAL ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED FOR THE COMPLETION OF THE AUTO PARK SEWER LINE (A COMPONENT OF THE SALT CREEK TRUNK SEWER PROJECT), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council approved a contract with Dudek & Associates for environmental and engineering services for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Gravity Sewer Interceptor. The contract has previously been amended to complete the design and construction of these projects. Adoption of the resolution approves an additional amendment necessary to complete the remaining portion of the Auto Park Sewer Line. (Acting Assistant City Manager/City Engineer) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE BID REQUIREMENTS, APPROVING THE STAR-NEWS AS THE NEWSPAPER OF GENERAL CIRCULATION FOR THE PUBLICATION OF ALL LEGAL NOTICES AND OTHER MATTERS REQUIRED TO BE PUBLISHED BY THE CITY, AND APPROVING THE USE OF ALTERNATNE PUBLICATIONS AS NECESSARY In December 2006, a Request for Bid was issued and sent to six publications. Responses were received from The Star-News and La Prensa San Diego. The Star-News was the only newspaper adjudicated as a newspaper of general circulation for the City of Chula Vista, and is currently the only publication that meets City Charter requirements to be approved as a newspaper of general circulation for the City of Chula Vista. (Finance Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda htto://www.chnlavistaca.gov May I, 2007 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2007-2008, THE ISSUANCE AND SALE OF A 2007-2008 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM In order to better manage cash flow issues projected in the General Fund during Fiscal Year 2007/2008 due to the timing of receipt of some major revenue sources, it is recommended that the City again take advantage of the opportunity to borrow short-term money at a low cost by issuing a Tax and Revenue Anticipation Note through the pooled financing program sponsored by the California Statewide Communities Development Authority (Finance Director) Staff recommendation: Council adopt the resolution. II. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE "FUEL TANK REPLACEMENT AT THE JOHN LIPPITT PUBLIC WORKS CENTER, IN THE CITY OF CHULA VISTA CALIFORNIA (GG-187)" PROJECT The Director of General Services received sealed bids for the "Fuel Tank Replacement at the John Lippitt Public Works Center, in the City ofChula Vista, CA (GG-187)" project. The work consists of the removal and replacement of two 20,000-gallon fuel tanks, including demolition, labor, material, equipment, and transportation necessary to complete the project. Based on the bids received, there was not enough funding to move forward. Adoption of the resolution rejects the bids. (General Services Director) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND BARNEY & BARNEY LLC FOR BENEFIT BROKER AND CONSULTING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The City has been contracting with Mercer Health and benefits (Formerly Marsh Risk & Insurance Services) to provide benefits brokering and consulting services. With the rapidly changing area of employee benefits, it is of increasing importance that the City employ the services of the most innovative and proactive firm to assist in "state-of-the- art" plan design changes, alternative funding arrangements, and long term cost control. A Request for Proposal for broker/consultant services was issued, seven proposals were received and evaluated, and staff is recommending Barney & Barney LLC be retained. (Human Resources Director) Staff recommendation: Council adopt the resolution. Page 5 - Council Agenda htID:/ /www.chulavistaca.gov May 1, 2007 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FISCAL YEAR 2007/2008 PERFORMING AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT AWARDS TOTALING $40,500 In 1997, the Council approved a sublease with the Live Nation, Inc. (formerly Universal Concerts) that established a process whereby a portion of ticket sales proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City. This year the Office of Arts & Culture received $36,188 from the Live Nation for their 2006 Concert Series and there was a carry-over balance of an additional $4,500 from the 2006/2007 grant cycle as a result of a returned grant award. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE REPORT ON THE OTAY RANCH EASTERN URBAN CENTER (EUe) SECTIONAL PLAN AREA (SPA) PLAN'S COMPLIANCE WITH THE GENERAL PLAN EASTERN DISTRICT FRAMEWORK STRATEGY OBJECTNES AND POLICIES The staff report provides an analysis of the Eastern Urban Center (EUe) Sectional Plan Area (SPA) plan and its compliance with the objectives and policies of the General Plan Eastern District Framework Strategy. The purpose of staff's analysis is to ensure that all the necessary components of the Framework Strategy are addressed, and to obtain any direction on this matter prior to completing the SPA processing. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 15. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.44.010 ADDING PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACES AND RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES (FIRST READING) An inconsistency exists between Chapter 5.44.010, which states that it is unlawful to hold races on a race track for vehicles propelled by internal combustion engines and Chapter 19.54.020.1.7, which provides that establishments or enterprises involving large assemblages of people or automobiles such as race tracks and rodeos, defined as amusement and entertainment facilities, may be permitted through a Conditional Use Permit. Amending Chapter 5.44.010 to add a final sentence stating an exception for races on a racetrack with the approval of a Conditional Use Permit will correct this inconsistency. (Planning and Building Director) Staffrecommendation: Council hold first reading of the ordinance. Page 6 - Council Agenda htlD://www.chnlavistaca.2ov May 1, 2007 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. 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. 16. CONSIDERATION OF PROPOSED AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 19.58.022 ADDING AND MODIFYING REGULATIONS FOR ACCESSORY SECOND DWELLING UNITS WITHIN THE CITY The Planning Commission has reviewed and made recommendations on a draft ordinance amendment to Chula Vista Municipal Code Section 19.58.022 that would add new regulations and modify some existing regulations for accessory second dwelling units on lots zoned for single family residential use. (Planning and Building Director) Staff recommendation: Council conduct the public hearing and hold first reading of the following ordinance: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE, ADDING AND MODIFYING DEVELOPMENT STANDARDS FOR ACCESSORY SECOND DWELLING UNITS (FIRST READING) 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. 17. CONSIDERATION OF ACCEPTANCE OF THE 2005 GREENHOUSE GAS EMISSIONS INVENTORY, AND DIRECTION TO STAFF TO RECONVENE A CLIMATE CHANGE WORKING GROUP Page 7 - Council Agenda htto:/ /www.chulavistaca.2ov May 1,2007 Since the 1990's, the City has been engaged in addressing climate change through its Carbon Dioxide Reduction Plan. The Plan was created with the assistance of a 24- member task force, and included a baseline assessment of 1990 greenhouse gas emission levels and a list of 20 actions that the City could undertake to help reach its goal of 80% of 1990 emission levels by 2010. Eighteen of the Plan's measures have been implemented to date by various City departments. The 2005 Greenhouse Gas Emissions Inventory is the first formal review of the City's progress in reducing emissions from both municipal operations and the broader community. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005 GREENHOUSE GAS EMISSIONS INVENTORY AND DIRECTING STAFF TO RECONVENE A CLIMATE CHANGE WORKING GROUP 18. CONSIDERATION OF FUNDING TRANSFERS REHABILITATION AND MAINTENANCE FOR PAVEMENT The City Council previously adopted a resolution endorsing continued implementation of a pavement management system. Adoption of this resolution allows the consolidation of available pavement funding into one capital improvement project in order to maximize the application of available funding and paving activities for the remainder of the calendar year. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $4,504,665 FROM THE CURRENT PAVEMENT APPROPRIATION, $2 MILLION FROM THE AVAILABLE BALANCE IN THE NORTH BROADWAY BASIN RECONSTRUCTION PROJECT (STM354), AND $5 MILLION FROM THE AVAILABLE BALANCE IN THE FOURTH A VENUE RECONSTRUCTION BETWEEN DAVIDSON AND SR54 PROJECT (STL309), FOR A TOTAL OF $11,504,665, INTO THE PAVEMENT REHABILITATION PROGRAM - FUTURE ALLOCATIONS (STL238) FOR PAVEMENT MAINTENANCE IN FISCAL YEAR 2007/2008, AND PRELIMINARY APPROVING TRANSNET FUNDING OF APPROXIMATELY $6 MILLION AND ANTICIPATED PROPOSITION B FUNDING OF APPROXIMATELY $3.5 MILLION FOR PAVEMENT REHABILITATION PROGRAM - FUTURE ALLOCATIONS (STL238) FOR PAVEMENT MAINTENANCE IN FISCAL YEAR 2008 (4/5THS VOTE REQUIRED) Page 8 - Council Agenda htto://www.chulavistaca.gov May 1, 2007 OTHER BUSINESS 19. CITY MANAGER'S REPORTS 20. MAYOR'S REPORTS A. Consideration of approval of the Council Legislative Subcommittee's recommendations with regard to the City's Boards and Commissions. 21. 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). 22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) A. One Case ADJOURNMENT to the regular meeting of May 15, 2007 at 6:00 p.m. in the Council Chambers. The workshop meeting of May 3, 2007 and the Regular Meeting of May 8, 2007 have been canceled. 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 9 - Council Agenda htto:/ /www.chulavistaca.gov May 1, 2007