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HomeMy WebLinkAbout2007/05/15 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 3, 2007 4:00 P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 4:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett 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 Captain Hunter introduced Johnny Jackson, and Deputy Mayor Rindone presented him with a proclamation. . OATHS OF OFFICE Daniel and Shirley Linder, Board of Library Trustees Georgie Stillman, Board of Library Trustees City Clerk Bigelow administered the oath of office to Daniel and Shirley Linder and Georgie Stillman, and Deputy Mayor Rindone presented them with certificates of appointment. CONSENT CALENDAR (Items 1 through 6) With reference to Item 2, Councilmember McCann stated that he would register a no vote because the current process requires the request to be considered by the Council, and the proposed process would remove the Council from the process except to hear appeals. Mayor Cox requested confirmation that an appeal would still come before the Council, but if the Mayor or Council felt a need to hear the matter directly, a request could be heard at the Mayoral/Council level. Deputy City Attorney Maland responded affirmatively. Councilmember Castaneda stated that the proposed policy would streamline the process, and the City Attorney's Office should be the entity to analyze conflicts of interest. Councilmember McCann believed it was not IA -( CONSENT CALENDAR (Continued) appropriate to delegate requests for waivers to the City Attorney, as the COWlcil has the ultimate authority. Additionally, he expressed discomfort with the 10-day appeal process and noted that information regarding confidentiality could be reviewed in Closed Session. He said it ultimately came down to transparency, and if the authority was with the COWlcil, then the Council should be the decision-makers. Mayor Cox asked the prime motivation by the Attorney's Office to propose an ordinance change. Deputy City Attorney Maland responded that the attorneys have fOWld the present process cumbersome and detrimental to the requestors' representation of their clients because it delays the ability to move forward as expediently as they should. Deputy Mayor Rindone stated that the current process not only ensures transparency, but also ensures that something is not overlooked. With reference to Item 3, Councilmember Castaneda requested clarification on the request for an additional $20,000 for in-house staff costs for the proposed project. Acting Assistant City Manager Tulloch responded that after reviewing the contract, staff found that they would need to provide much of the source of the information that the consultant would need in order to perform the study, and that there would be no additional staff needs, only the allocation of funds in order to draw against the appropriate project. With reference to Item 4, Councilmember Castaneda asked why the City was not utilizing the newer and more cost-effective nylon!resin material technology for the repair of the corrugated metal pipes. Director Griffin responded that since the existing pipes are is such poor condition, the nylon! resin liner would not work. With reference to Item 4, Deputy Mayor Rindone expressed concern about the funding source for the proposed project, which would appear to reduce funding available for an item already identified by the Council as a high priority for western Chula Vista. Director Griffin replied that the western Chula Vista infrastructure funds are bond funds borrowed specifically for the purpose of performing drainage improvements in western Chula Vista. I. 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: COWlcil 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 Page 2 - Council Minutes htto://www.chulavistaca.2:0V April 3, 2007 IA-Z CONSENT CALENDAR (Continued) The City 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 NO. 2007-072, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF $70,000 FROM THE AVAILABLE 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 NO. 2007-073, 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-169) FOR SAID PURPOSE (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2007-074, 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 AVAILABLE FUNDS IN THE PROJECT 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 that are deteriorated and in need of rehabilitation. Adoption of the resolutions establishes a project and transfers funds to allow the removal and replacement of drainage facilities at six locations. (General Services Director) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes http://www . chula vistaca.~ov April 3, 2007 fA -3 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2007-075, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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 allows for the funds provided by the grant to be utilized to increase the level of seat belt enforcement hours on an overtime basis for first-line supervisors and officers and administrative time to meet grant reporting requirements. (Police Chief) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-076, 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. The 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) ACTION: ACTION: ACTION: ACTION: Staff recommendation: Council adopt the resolution. Councilmember Castaneda moved to approve staffs recommendations and approve Consent Calendar Items I, 5 and 6, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmember Castaneda moved to approve staffs recommendation and approve Consent Calendar Item 2, heading read, text waived. Councilmember Ramirez seconded the motion, which failed 2-3, with Deputy Mayor Rindone and Councilmembers McCann, and Ramirez voting no. Councilmember Castaneda moved to approve staff's recommendation and approve Consent Calendar Item 3, heading read, text waived. Councilmember McCann seconded the motion, and it carried 5-0. Deputy Mayor Rindone moved to approve staffs recommendation and approve Consent Calendar Item 4, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. htto://www.chulavistaca.gov April 3, 2007 Page 4 - Council Minutes IA- Lf PUBLIC COMMENTS There were none. ACTION ITEMS 7. CONSIDERATION OF CONSENTING TO THE TRANSFER OF THE TERESINA APARTMENT PROJECT FROM EAGLE LOMAS VERDES, L.P. TO EQUITY RESIDENTIAL The existing owner would like 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) Housing Manager Mills presented the staff report on the project. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-077, heading read, text waived: RESOLUTION NO. 2007-077, 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 Deputy Mayor Rindone seconded the motion, and it carried 5-0. 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 project (PR-284). 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; and providing picnic areas, a performance area, new walks, lighting, planting and irrigation. (General Services Director) Director of General Services Griffin presented the staff report on the project. Councilmember Castaneda asked staff to provide a report in the future on proposed renovations to the Women's Club and ways to protect the integrity of the structure. Page 5 . Council Minutes http://www.chulavistaca.,ov April 3, 2007 14-5 ACTION ITEMS (Continued) Councilmember McCann asked staff to provide an update of past reports regarding drug use and crime at the restroom facilities in Otay Park. Director Griffin responded that the proposed park design incorporates the already improved restrooms, as well as improvements to one of the playground areas. Councilmember McCann then asked about adequate lighting, and Director Griffin replied that significant lighting improvements have been incorporated into the proposed plans. Councilmember Ramirez asked staff how mathematical bidding errors were handled. Director Griffin replied that in the event of mathematical errors, staff would advise the City Attorney's Office and recommend whether or not the bid should be rejected. Councilmember Ramirez questioned whether or not staff analyzes differentials in the City's bid estimates and those received by the bidders. Director Griffin responded that staff would typically review estimates that appear to be significantly different. ACTION: Mayor Cox moved to adopt Resolution Nos. 2007-078 and 2007-079, headings read, texts waived: RESOLUTION NO. 2007-078, 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) RESOLUTION NO. 2007-079, 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 "OT A Y PARK IMPROVEMENTS PROJECT" (PR-284) AS NECESSARY TO COMPLETE THE PROJECT Councilmember McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 9. CITY MANAGER'S REPORTS Interim City Manager Thomson reported that there would be no Council meeting on April 10, 2007. Additionally, he reminded everyone of the Council workshop on infrastructure management on April 5, 2007, at 6:00 p.m. at the John Lippitt Public Works Center. Page 6 - Council Minutes htto:! /www.chulavistaca.!lOV April 3, 2007 I A-b OTHER BUSINESS (Continued) 10. MA YOR'S REPORTS A. Ratification of the appointment of Terry Jensen to the Veterans Advisory Commission. ACTION: Mayor Cox moved to appoint Terry Jensen to the Veterans Advisory Commission. Councilmember McCann seconded the motion, and it carried 5-0. II. COUNCIL COMMENTS Deputy Mayor Rindone directed staff to provide the Council with a status report on Redevelopment Agency projects. Additionally, he requested a briefing by the City Attorney's Office about a potential lawsuit against the City. Councilmember McCann wished everyone a Happy Easter. Councilmember Ramirez directed the City Attorney's Office to draft a Council Policy to address the circumstances under which the City should retain outside counsel due to the potential appearance of conflict that may arise if a matter is handled internally by the City Attorney's Office. The policy should specifically address the retention of outside counsel for advising the Board of Ethics and Charter Review Commission, and for providing legal opinions on initiatives that would impact City operations. Mayor Cox asked staff to come back to the Council with a preliminary report regarding Councilmember Ramirez' referral. CLOSED SESSION 12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(l) Title: City Manager No reportable action was taken on this item. 13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Concerned Citizens v. Citv ofChula Vista, Case No. GIC 862773; ACTION: The Council directed the City Attorney's Office to initiate litigation. Page 7 - Council Minutes http://www .chulavistaca.2:0V April 3, 2007 IA -7 CLOSED SESSION (Continued) B. JC Towing Y. City ofChula Vista, Case No. OlC 869143 No reportable action was taken on this item. C. Mory Y. Chula Vista Police Department. et aI., Case No. 06 CV 1460 JAH(BLM); and No reportable action was taken on this item. D. Mory Y. City of Chula Vista. et aI., Case No. 07 CV 0462 No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case No reportable action was taken on this item. ADJOURNMENT At 8:00 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on Thursday, April 5, 2007, at 6:00 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road. - ':III' Z- ----- Lorraine Bennett, CMC, Deputy City Clerk Page 8 - Council Minutes hUu:i/www.chulavistaca.gov April 3, 2007 IA-f3 DRAfT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 3, 2007 4:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was scheduled for 5 :02 p.m., immediately following the Regular Meeting of the City Council in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett Mayor Cox announced that the Closed Session would not be held. The following item was not discussed, and no action was taken: CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case ADJOURNMENT At 5:03 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on Thursday, April 5, 2007, at 6:00 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road. ~--" -----------~ ---=.--- -' Lorraine Bennett, CMC, Deputy City Clerk /8 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 5, 2007 6:00 P.M. A special meeting of the City Council of the City of Chula Vista was convened at 7:59 p.m. at the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: Castaneda ALSO PRESENT: City Attorney Ann Moore CLOSED SESSION I. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case No reportable action was taken on this item. 2. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager No reportable action was taken on this item. 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. ADJOURNMENT At 11:15 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on April 12, 2007 ,,,,00 p.m. ill lli,C~ci' Ch=h=Cjfe'll ~ -P~ Lori Anne Peoples, MMC, Semor Deputy City Clerk It DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 12, 2007 6:00 P.M. A special meeting of the City Council of the City of Chula Vista was convened at 11 :00 p.rn. at the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Attorney Ann Moore CLOSED SESSION I. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case No reportable action was taken on this item. ADJOURNMENT At 11:15 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on April 12, 2007 at 6:00 p.m. in the Council Chambers ~~~V~ Lori Anne Peoples, MMC, Senior Deputy City Clerk I)) DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 5, 2007 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: Castaneda ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS There were none. WORKSHOP I. STATUS REPORT ON MISSING INFRASTRUCTURE MANAGEMENT EFFORT TO DATE, AND POLICY DISCUSSION REGARDING POTENTIAL REVENUE SOURCES FOR INFRASTRUCTURE AND/OR PAVEMENT NEEDS In February 2006, staff began developing an infrastructure management program for a limited number of the City's public assets, including pavement; drainage; missing sidewalks, curbs and gutters, and pedestrian ramps; deficient cross gutters; and utility wire undergrounding. The status report focused on pavement and drainage, and was the first step toward creating a comprehensive asset management approach to ensure the best use of limited funding. (Acting Assistant City Manager/City Engineer, General Seryices Director, Public Works Operations Director) Mayor Cox welcomed everyone and explained the process under which the meeting would be conducted. Interim City Manager Thomson introduced Acting Assistant City Manager/City Engineer Tulloch, who introduced the workshop presenters, Director of General Services Griffin, Director of Public Works Operations Byers, Assistant Engineering Director Browder, and Consultant Yapp. IE -I DRAFT INFRASTRUCTURE WORKSHOP (continued) Acting Assistant City Manager/City Engineer Tulloch provided the background on the infrastructure management program and four focus areas: I) utility wire undergrounding; 2) missing infrastructure (sidewalks, curbs, gutters, pedestrian ramps, and cross gutters; 3) pavement; and 4) drainage. He noted that the workshop would focus on the last two, pavement and drainage. He stated that later this year, there will be an infrastructure tour, as well as a second workshop on the missing infrastructure, utility wire undergrounding, and the comprehensive infrastructure asset management program. Mr. Tulloch then provided information on Chula Vista's municipal infrastructure, the underlying beliefs and elements of infrastructure asset management, a partial estimated funding need, and the status of utility wire undergrounding and missing infrastructure, including an estimated funding gap of $139 million. Deputy Mayor Rindone recused himself and left the meeting at 6: 19 p.m., prior to the start of the presentation on pavement, due to his property holdings within SOO feet of the boundaries of several properties discussed in the report. Public Works Operations Director Byers provided the presentation on pavement, including the impact of recommended pavement actions, immediate next steps, pavement facts, reasons for having a pavement management system, and Chula Vista's pavement management system. He stated that the last pavement assessment was done in 2002; and in 2006, the Engineering, General Services and Public Works Operations Departments developed a request for proposals to have a current survey performed. Nichols Consulting Engineering was awarded the bid, and Director Byers introduced the Vice President of Nichols Engineering, Ms. Yapp. Ms. Yapp provided an overview of the Nichols Engineering report, "State of the Streets." The report included general information on the amount of current pavement throughout the City, its replacement value, how pavements are measured via a pavement condition index (PCI), examples of streets with varying PCI's throughout the City, and the rationale behind the recommend actions, the current 2006 PCI (average PCI = 79, backlog of$43 million), why worst first is no longer acceptable, scenarios ofbudgetlPCI/backlog, and conclusions. Public Works Operations Director concluded the presentation with information on the case against the "worst-first" strategy, the City's pavement funding history, staff's funding recommendation, and the requested Council action. Mayor Cox commended staff on bringing to the Council's attention the strategy of applying the right treatment to the right street at the right time, as well as the information on the pavement surface life and suggested funding. Councilmember Ramirez noted that the pavement management system versus the complaint response system was entirely rational but would require a public education component. Acting Assistant City Manager Tulloch responded that staff would be looking for creative ways to explain the pavement management system to the public. He assured the Council that implementation would not mean that potholes would not be filled when complaints were received. General Services Director Griffin noted that staff would re-canvass areas periodically to verifY complaints, as pavement deteriorates differently under different circumstances and requires monitoring. Page 2 - Council Minutes http://www.chulavistaca.QOV April 5, 2007 I~-Z DRAFT INFRASTRUCTURE WORKSHOP (continued) Mayor Cox suggested that staff work with the numerous community and social groups to get the information out to the citizenry. Councilmember McCann requested and received confirmation that streets with immediate needs would still be addressed. ACTION: Councilmember Ramirez moved to approve staff's recommendation and adopt Resolution No. 2007-080, heading read, text waived: RESOLUTION NO. 2007-080, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REAFFIRMING ITS COMMITMENT TO THE IMPLEMENT A TION OF A TRUE PAVEMENT MANAGEMENT SYSTEM Councilmember McCann seconded the motion, and it carried 3-0-1, with Deputy Mayor Rindone abstaining and Councilmember Castaneda absent. Deputy Mayor Rindone rejoined the meeting at 6:56 p.m. Councilmember McCann recused himself and left the meeting at 6:57 p.m., prior to the start of the presentation on drainage, due to his property holdings within 500 feet of the boundaries of several properties addressed in the report. Acting Assistant City Manager/City Engineer Tulloch provided the presentation on what drainage is, a drainage assessment (capacity and condition), drainage challenges, priority tiers, recommended drainage priorities, and the priority 1 tier drainage projects. Steve Wood, Chula Vista resident, addressed the Council with regard to storm drain issues in his neighborhood. He requested Council support of CIP 135. Upon question by Deputy Mayor Rindone, General Services Director Griffin responded that the life expectancy of the new polymer pipes or pipes lined with polymer is 50 years. He additionally stated the downside of lining with polymer is a slight reduction in pipe capacity, but by doing so, the City has lowered the cost to replace corrugated metal pipes to under $1 million, which is a manageable level. Mayor Cox asked if the $.70 per household was the only source of funding for sewer pipes, how the rates were set, and who set them. Acting Assistant City Manager; City Engineer Tulloch responded that commercial, multi-family and industrial properties pay $.06 per gallon of water used, and that the rates were set by a vote of the people. Director Griffin responded that historically, the $.70 was the only dedicated fund for storm drain projects. It equates to approximately $580,000 per year and basically offsets only the maintenance costs. Councilmember Ramirez asked if there had been any inquiry into whether or not the public would be willing to change the $.70 rate. Mr. Tulloch responded that there had been none in Chula Vista, but in other cities, such as San Diego, the results of inquiry were not favorable. He then noted that public approval would be more likely if the public were shown explicitly what the funds would be spent for. Staff will be exploring how this might be achieved. Page 3 - Council Minutes http://ww".'.chulavistaca.gov April 5, 2007 IE-3 DRAFT INFRASTRUCTURE WORKSHOP (continued) ACTION: Councilmember Ramirez moved to approve staff's recommendation and adopt Resolution No. 2007-081, heading read, text waived: RESOLUTION NO. 2007-081, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DRAINAGE PROJECT PRIORITY LIST AND AUTHORIZING STAFF TO SEEK SPECIAL FUNDING FOR ANY PROJECT THAT MEETS THE FUNDING CRITERIA Deputy Mayor Rindone seconded the motion, and it carried 3-0-1, with Councilmember McCann abstaining and Councilmember Castaneda absent. Councilmember McCann returned to the meeting at 7: 19 p.m. General Services Director Griffin provided the presentation on historical infrastructure funding for pavement and other infrastructure; new infrastructure funding, including November's infrastructure bonds and Proposition 84 funds, and potential new funding considerations. Acting Assistant City Manager/City Engineer Tulloch explained the way infrastructure bonds and grant funds work and announced that, due to a suggestion by Mayor Cox, SANDAG was exploring the idea of an additional sales tax, much like the TransNet extension, including a scenario that would include a local streets component. Mayor Cox recognized Mr. Tulloch for providing her with insight to the SANDAG proposal and for encouraging her to make her suggestion at the meeting. She then stated that the following resolution could not be considered at this time, since it requires a 4/5ths vote, which was not possible with Councilmember Castaneda absent: 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 AVENUE RECONSTRUCTION BETWEEN DAVIDSON AND SR 54 PROJECT (STL309), FOR A TOTAL OF $11,504,665, INTO THE PAVEMENT REHABILITATION PROGRAM - FUTURE ALLOCATIONS (STL238) FOR PAVEMENT MAINTENANCE IN FISCAL YEAR 2007 (4/5THS VOTE REQUIRED) She asked Interim City Manager Thomson to schedule the above resolution on a future agenda. Councilmember McCann encouraged staff to continue due diligence in pursuing funding for the South Bay. Deputy Mayor Rindone publicly acknowledged Mr. Tulloch for his efforts in working with SANDAG staff. Mayor Cox spoke regarding federal preference funds and acknowledged former Assistant City Manager Smith and Communications Manager Carnavale for preparing what Congressman Filner referred to as "the best package of public service requests" for his office, noting that it was the best he had received this year and one of the best he had ever received. Page 4 - Council Minutes http://www .chulavistaca. gOY April 5, 2007 IE-if DRAFT INFRASTRUCTURE WORKSHOP (continued) Councilmember Ramirez noted that the report did not discuss redevelopment and tax increment with regard to infrastructure financing. Redevelopment Projects Manager Crockett responded that, historically, Chula Vista has not placed a high emphasis on using tax increment funds for public infrastructure projects. The first priority was to focus on projects that generate revenue. Councilmember Ramirez asked when redevelopment funds would be used to replace old infrastructure. Mr. Crockett stated that the Redevelopment staff presented a five-year implementation plan, approved by the Council last year, that set goals and strategic priorities. He provided a brief overview of the plan. Councilmember Ramirez expressed disappointment that the report did not identifY the PCI for the east and west sides of the City. Consultant Yapp responded that the difference was not significant between the two, and Director Griffin responded that the PCI figures were approximately 75 in the southwest and 73 in northwest. Mr. Crockett reminded the Council that tax increment funds could not be used for maintenance projects. Mr. Tulloch suggested that Councilmember Ramirez review the maps provided to determine the location of infrastructure needs west of 1-805. Upon inquiry by Councilmember Ramirez, Director Griffin explained development impact fees (DIF) and how they are calculated and used compared to an assessment district, noting that DIF'S are used to provide new facilities, not maintenance. He said that none of the projects under discussion were eligible for DIF funding. Interim City Manager Thomson acknowledged the work of Engineering, General Services and Public Works staff and the consultant for their efforts over the last year and a half; and noted that the City was ahead of many cities in the development of a systemic approach to infrastructure management. The information would help in clarifYing priorities and searching for additional funding; it would also ensure citizens that the City is getting the most for its money. Mayor Cox thanked staff and the consultant; and acknowledged that the next item to be brought forward would require funding for technologies to allow staff to continue the work. ADJOURNMENT At 7:58 p.m., Mayor Cox adjourned the meeting to a Special Meeting of the City Council, thence to an Adjourned Regular Meeting on April 12,2007 at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting of April 17,2007 at 6:00 p.m. in the Council Chambers. c:y~ ~f>~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 5 - Council Minutes hrtn:/ /www.chulavistaca.QOV April 5, 2007 /6.-5