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Home My WebLink Aboutcc min 2000/05/16 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAY 16, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilia, Salas and Mayor Horton. ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION OF A PROCLAMATION PROCLAIMiNG THE WEEK OF MAY 14 THROUGH MAY 20, 2000 AS PEACE OFFICERS MEMORIAL DAY Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Assistant Chief of Police Zoll. · PRESENTATION OF A PROCLAMATION PROCLAIMiNG THE WEEK OF MAY 21 THROUGH MAY 27, 2000 AS PUBLIC WORKS WEEK Mayor Hotton read the proclamation, and Deputy Mayor Moot presented it to Public Works Director Lippitt. · PRESENTATION ON STATE AND LOCAL FISCAL REFORM BY KEN FABRICATORE, SENIOR ECONOMIST, SANDAG Mr. Fabricatom updated the Council on proposed state-level reforms under consideration and on SANDAG's proposal for state and local fiscal reform. Mayor Horton directed staff to prepare a' report on SANDAG's recommendations for consideration at a future meeting. CONSENT CALENDAR (Items 1 through 8) Mayor Horton asked that Consent Calendar Item #8 be removed for separate consideration. Page I - Council Minutes 05/16/2000 T lIT CONSENT CALENDAR (Continued) 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on May 9, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2. RESOLUTION NO. 2000-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH BERRYMAN & HENIGAR FOR APPORTIONMENT SERVICES FOR FISCAL YEARS 2000-2001 THROUGH 2002-2003 FOR CITY ASSESSMENT DISTRICTS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND AUTHORIZING AN EXPENDITURE OF A MAXIMUM OF $150,000 FOR THIS PURPOSE The purpose of the proposed agreement is to retain the services ofBerryman & Henigar to perform the respreading of assessments on existing City assessment districts and prepare the annual collection report to be submitted to the County for inclusion in the property tax bill. The agreement is for a term of three years. The current agreement with Berryman & Henigar for performing these servcies, which was for a term of five years, expires this year. This action will ensure that the City's fiduciary responsibility to the bond holders is ful~lled by providing required apportionment and collection services as delineated in the Streets and Highways Code. (Director of Public Works) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2000-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE "INSTALLATION OF INTERNALLY ILLUMINATED STREET NAME SIGNS AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA" PROJECT (CIP TF-279) On April 19, 2000, the Director of Public Works received sealed bids from two electrical contractors for the installation of internally illuminated street name signs at various locations (CIP TF-279). After reviewing the bids, staff is recommending that, in the best imerests of the City, they be rejected and that bids be re-advertised on May 20, 2000. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2000-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TRANSFER OF FUNDS FROM LIBRARY AND RECREATION SUPPLIES AND SERVICES ACCOUNTS TO THE CAPITAL EQUIPMENT ACCOUNT FOR THE PURCHASE OF EQUIPMENT 1N THE PARKS AND RECREATION OPERATING BUDGET (4/5THS VOTE REQUIRED) Page 2 - Council Minutes 05/16/2000 CONSENT CALENDAR (Continued) The City's budget transfer policy calls for Council's approval to transfer more than $15,000 between budget summary accounts, such as between Supplies and Services and Capital Equipment. The Parks and Recreation Department has two equipment items that have been approved by the City Manager for purchase this fiscal year; however, the dollar amount for these items exceeds the $15,000 limit. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2000-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 1999-2000 BUDGET FOR THE LIBRARY AND RECREATION DEPARTMENT BY APPROPRIATiNG $I0,000 iN UNANTICIPATED REVENUE AND AUTHORIZiNG AN AGREEMENT BETWEEN THE CITY AND THE YMCA FOR THE CITY TO RETAIN SPECIALIZED INDEPENDENT CONTRACTORS TO PROVIDE EXTENDED AFTER-SCHOOL PROGRAMS (4/STHS VOTE REQUIRED) The YMCA Youth and Family Services has awarded the City, through its Library and Recreation Department, a $10,000 contract for the provision of enhanced after-school programming at Castle Park and Hilltop Middle Schools. The funding is part of a grant applied for and received by the Chula Vista Youth Coalition ~'om the County of Sun Diego Critical Hours funding. The YMCA is the designated fiscal agent for the grant and, as such, is subcontracting various services to be provided by several Youth Coalition members. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 6 A. RESOLUTION NO. 2000-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZiNG A LEASE BETWEEN THE CITY OF CHULA VISTA AND THE BOYS & GIRLS CLUB OF CHULA VISTA FOR USE OF LAUDERBACH COMMUNITY CENTER B. RESOLUTION NO. 2000-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG A MEMORANDUM OF UNDERSTANDiNG BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR USE OF THE COMMUNITY YOUTH CENTER The City and the Boys and Girls Club of Chula Vista have negotiated an agreement to lease the Lauderbach Community Center to the Club for a period of eighteen years, with provision for two five-year renewals. As a result, the Recreation Division will move its programs to the Community Youth Center on L Street and enter into a new Memorandum of Understanding with Sweetwater Union High School District for continued joint use of the facility. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes 05/16/2000 CONSENT CALENDAR (Continued) 7 A. RESOLUTION NO. 2000-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROV1NG A REIMBURSEMENT AGREEMENT WITH ACI SUNBOW, LLC, ASSOCIATED WITH THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2000-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPROVING THE AGREEMENTS WITH BRUCE W. HULL & ASSOCIATES TO PROVIDE APPRAISAL SERVICES AND THE MEYERS GROUP TO PREPARE A MARKET ABSORPTION STUDY ASSOCIATED WITH COMMLrNITY FACILITIES DISTRICT NO. 2000-1 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS (CONTINUED FROM THE MEETING OF MAY 9, 2000) In compliance with Council policy, ACI Sunbow, LLC submitted an application for establishing Commtmity Facilities District No. 2000-1 (CFD 2000-1) to fund the construction of certain improvements serving some of the Sunbow II properties in the amount of approximately $19.5 million. Council approved the report regarding the application and initiated the proceedings on May 2, 2000. Adoption of the resolutions will approve a reimbursement agreement with the developer and two agreements to retain a portion of the financing team for CFD 2000-1. The companion reimbursement agreement requires the developer to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the formation of CFD 2000-1. (Director of Public Works) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 through #7, headings read, texts waived. The motion carried 5- 0. 8. RESOLUTION NO. 2000-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL, APPROVING THE AGREEMENT WITH MCGILL MARTIN SELF, INC. AS PROJECT MANAGER AND SPECIAL TAX CONSULTANT, AMENDING AGREEMENT WITH BROWN, DIVEN, HESSELL & BREWER, LLP AS BOND COUNSEL, AMENDING AGREEMENT WITH FIELDMAN, ROLAPP & ASSOCIATES AS FINANCIAL ADVISOR, AND AMENDING AGREEMENT WITH STONE & YOUNGBERG, LLC AS UNDERWRITER ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND AMENDMENTS Page 4 - Council Minutes 05/16/2000 CONSENT CALENDAR (Continued) In compliance with Council policy, ACI Sunbow, LLC submitted an application for establishing Community Facilities District No. 2000-1 (CFD 2000-1) to fund the construction of certain improvements serving some of the Sunbow II properties in the amount of approximately $19.5 million. Council approved the report regarding the application and initiated the proceedings on May 2, 2000. In a related action requested at this meeting, Council was asked to approve a reimbursement agreement with the developer and agreements with an appraiser and market absorption consultant. Adoption of this resolution approves the rest of the financing team for CFD 2000-1. The reimbursement agreement requires the developer to advance ftmds to the City for the payment of all initial consulting and administration costs and expenses related to the formation of CFD 2000-1. Given the large sum of money involved, Mayor Horton expressed concern about approving contracts without going through the competitive bidding process. Public Works Director Lippitt responded that a formal selection process was followed for a similar, prior project, and it is important in the bonding process to demonstrate successful prior experience. City Engineer Swanson also mentioned that there was a great amount of work performed for the Olympic Parkway project, and the fee amounted to less than 5% of the project costs. ACTION: Mayor Horton offered Resolution No. 2000-158, heading read, text waived. The motion carried (5-0). ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 9. CONSIDERATION OF CONFIRMING ASSESSMENTS FOR ASSESSMENT DISTRICT 96-01 FOR IMPROVEMENTS TO TWIN OAKS AVENUE FROM NAPLES STREET TO EMERSON STREET IN THE CITY OF CHULA VISTA On January 20, 1998, pursuant to the Improvement Act of 1911, also known as the 1911 Block Act, Council awarded a contract in the amount of $179,755 to ABC Construction Company for Twin Oaks Avenue improvements from Naples Street to Emerson Street. The work has been completed, and improvements have been accepted by the City Manager. On April 18, 2000, Resolution 2000-117 was adopted, accepting the filing of the Engineer's Report on the cost of construction, appropriating $24,851 from Transportation Partnership Funds and setting the public hearing on the assessments. Resolution 2000-118 was also adopted, approving the deferral of liens and establishing deferral criteria. (Director of Public Works) 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. Staff commented that all assessments were equal to or less than those that were included in ballots mailed to property owners at the beginning of the process. Mayor Horton opened the public hearing. There were no comments offered, and the heating was subsequently closed. Page 5 - Council Minutes 05/16/2000 PUBLIC HEARINGS (Continued) ACTION: Councilmember Padilla offered the following resolutions, headings read, texts waived: A. RESOLUTION NO. 2000-159, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SPREAD OF ASSESSMENTS FOR ASSESSMENT DISTRICT 96-01 B. RESOLUTION NO. 2000-160, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NOTICE OF LIEN TO LEVY AND COLLECT ASSESSMENTS FOR ASSESSMENT DISTRICT 96-01 The motion carded 5-0. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Rowlands stated that Council would meet with the City Manager, City Attomey and City Clerk for their annual reviews on May 30th, at 6:00 p.m., in the Council Conference Room. 11. MAYOR'S REPORTS Mayor Horton commended Bill Ayres, President of the Veterans Home Foundation on a successful ribbon-cutting ceremony for the opening of the new Veterans home on May 13ih. 12. COUNCIL COMMENTS Councilmember Davis stated that Southwestern College was not receiving its fair share of funding as compared with 70 out of 71 campuses in California. She suggested that a letters be sent to Governor Davis and Senators Ducheny and Peace requesting equal funding. Deputy Mayor Moot complimented Councilmembers on their comments at the Port District Commission meeting regarding the Bayfront development. Councilmember Salas stated that the Port District Commission meeting had provided a good opportunity for Council to give comments. CLOSED SESSION Mayor Horton noted that Closed Session had been cancelled, and the following items were not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One Case Claim no. 99-00-009 Page 6 - Council Minutes 05/16/2000 CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One Case 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) Brentwood Mobilehome Park v. City of Chula Vista, S26517 ADJOURNMENT At 6:52 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of May 23, 2000. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 7 - Council Minutes 05/16/2000