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Home My WebLink About2008/01/22 Agenda I declare under penalty of perjury that I am employed by the City of Chula Vista in the Hice of the City Clerk and that I posted this on the bulletin board according to quirements. VJe. ptJ . Signed ~~~ :-~~ - - -- ~..;;;;:.-~~ ~- ~ --- Cheryl Cox, Mayor Rudy Ramirez, Council member David R. Garcia, City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Donna Norris, Interim City Clerk Steve Castaneda, Council member January 22, 2008 6:00 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 . PRESENTATION BY MAYOR COX OF A PROCLAMATION PROCLAIMING FRIDAY FEBRUARY 1,2008 AS NATIONAL WEAR RED DAY IN THE CITY OF CHULA VISTA . REPORT TO CITY COUNCIL ON RESULTS OF PROPOSED CHARGER STADIUM HEARINGS BY SPECIAL COUNSEL TO THE SAN DIEGO CHARGERS, MARK FABIANI CONSENT CALENDAR (Items I through 5) 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 Regular Meetings of October 9, 2007 and October 16,2007; the Emergency Meeting of October 23,2007; the Adjourned Regular Meeting of November 1,2007; Regular Meetings of November 6, 2007, November 13, 2007, and December 4, 2007; an Adjourned Regular Meeting of December 6, 2007; and Regular Meetings of December I I, 2007 and December 18, 2007. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY CLERK TO ESTIMATE COSTS PAYABLE BY CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 3, 2008 AND REQUIRING PAYMENT THEREOF AS A CONDITION TO FILING OF SUCH MATERIALS This item authorizes the City Clerk to estimate the cost payable by each candidate for elective office for the General Municipal Election to be held in the City of June 3, 2008, for printing, handling, translating, and mailing of candidate statements, and requires payment of such amount as a condition to filing of materials. State law requires the City to refund any amount paid pursuant to the city's estimate that is over the actual cost, and allows the City to recover additional amounts where the estimate is below the actual cost. (Interim City Clerk) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING THE CONTRACT FOR THE "SLOPE REPAIR AT OLYMPIC PARKWAY BETWEEN HERITAGE ROAD AND SANTA VENETIA STREET (CFD97-IB)" PROJECT TO MJC CONSTRUCTION IN THE AMOUNT OF $38,500 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL A V AILABLE FUNDS AND ISSUE CHANGE ORDERS AS NECESSARY IN AN AGGREGATE AMOUNT NOT TO EXCEED $9,625 TO COMPLETE THE PROJECT The proposed project provides for the reconstruction of a slope on the north side of Olympic Parkway between Heritage Road and Santa Venetia Street in the City of Chula Vista. Bids were received on December 18, 2007. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE 2ND LOWEST BID AND APPROVING THE THIRD LOWEST BID AND A WARDING CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (CIP NO. PR-295)" PROJECT TO MJC CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) On December 19, 2007, nine (9) sealed bids were received for this project. This is the second and final phase of this CIP. Phase 2 will include a new restroom facility, upgraded park security lighting, tot lot safety surfacing, fencing at the rear of the Boys and Girls Club to enclose the park play area and associated site specific improvements. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda htto:/ /www.chulavistaca.ll.OV January 22, 2008 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $80,285 IN REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA INTEGRA TED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT, 12TH CYCLE AND AMENDING THE FISCAL YEAR 2008 WASTE MANAGEMENT AND RECYCLING SUPPLIES AND SERVICES BUDGET (4/5THS VOTE REQUIRED) The California Used Oil Enhancement Act (1999) requires the collection offour cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach and National City. (Public Works Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The ltem(s) listed in this section of the agenda will be considered individually by the Council, 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. 6. CONSIDERATION OF ADOPTION OF A RESOLUTION SUPPORTING KEEPING THE SAN DIEGO CHARGERS IN SAN DIEGO COUNTY Adoption of the resolution shows City Council support to keep the San Diego Chargers in San Diego County. (Chargers Relocation Subcommittee) Chargers Relocation Subcommittee recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE SAN DIEGO CHARGERS TO STAY IN SAN DIEGO COUNTY Page 3 - Council Agenda htto:llwww.chulavistaca.gov January 22, 2008 7. CONSIDERATION OF MATTERS REGARDING INITIATIVE PETITION ENTITLED "AN INITIATIVE PETITION TO AMEND, BY ORDINANCE, THE CITY OF CHULA VISTA'S GENERAL PLAN TO REQUIRE VOTER APPROVAL FOR ANY GENERAL PLAN CHANGE THAT WOULD INCREASE ALLOWABLE BUILDING HEIGHTS ABOVE 84 FEET IN MOST AREAS OF THE CITY, EXCEPT WEST OF INTERSTATE 5, AND TO SET A BUILDING HEIGHT LIMIT OF 45 FEET ON THIRD AVENUE BETWEEN E AND G STREETS" The proponents of an initiative petition, regarding an amendment to the City's General Plan to require voter approval for any change to the Plan on allowable building heights in certain areas of the City, filed the signed petition with the City Clerk on December 18,2007. The number of valid signatures required for the Council to act upon this initiative petition is 9, IB, ten percent of the voters of the City. The petition was forwarded to the San Diego County Registrar of Voters, and the petition signatures were validated up to the required number, with notification to the City on January IS, 2008. Elections Code Sections 9211 and 9114 require the City Clerk to certifY the results of the examination to the City Council at its next regular meeting. Further, Elections Code section 92IS requires the City Council to take action on the initiative petition, as outlined herein. (Interim City Clerk) Staff Recommendation: Adopt Resolutions 7(A) and 7(B) set forth below, and take action on item 7(C) as desired. A. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES FOR THE INITIATIVE PETITION REGARDING AMENDING, BY ORDINANCE, THE CITY'S GENERAL PLAN DEALING WITH ALLOWABLE BUILDING HEIGHTS B. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROPRIATING NECESSARY FUNDS FOR THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES BY THE COUNTY REGISTRAR OF VOTERS REGARDING THE INITIATIVE PETITION ON ALLOWABLE BUILDING HEIGHTS (4/Sth VOTE REQUIRED) C. CONSIDERATION OF ACTION ON INITIATIVE PETITION, AS REQUIRED BY ELECTIONS CODE SECTION 921S, SPECIFICALLY TAKING ONE OF THE FOLLOWING ACTIONS: (i) CONSIDERATION OF ADOPTION OF ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE GENERAL PLAN TO REQUIRE VOTER APPROVAL FOR ANY GENERAL PLAN CHANGE THAT WOULD INCREASE ALLOWABLE BUILDING HEIGHTS ABOVE 84 FEET IN MOST AREAS OF THE CITY, EXCEPT WEST OF INTERSTATE S, AND TO SET A BUILDING HEIGHT LIMIT OF 4S FEET ON THIRD A VENUE BETWEEN E AND G STREETS Page 4 - Council Agenda htto:/ /www.chulavistaca.gov January 22, 2008 (ii) (a) CONSIDERATION OF ADOPTION OF RESOLUTION SUBMITTING THE INITIATIVE PETITION REGARDING AMENDMENT TO THE CITY'S GENERAL PLAN ON ALLOW ABLE BUILDING HEIGHTS TO THE VOTERS BY PLACING THE INITIATIVE MEASURE ON THE BALLOT TO BE CONSIDERED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 (b) CONSIDERATION OF ADOPTION OF RESOLUTION APPROPRIATING REQUIRED FUNDS TO PLACE THE INITIATIVE MEASURE REGARDING ALLOWABLE BUILDING HEIGHTS ON THE BALLOT AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 (4/5TH VOTE REQUIRED) (iii) Refer the initiative measure to any City agency or agencies for a report pursuant to Elections Code section 92 12, to be returned to Council within 30 days. 8. CONSIDERATION OF AMENDMENT TO FISCAL YEAR 2008 BUDGET BY APPROPRIATING FUNDS FOR THE FINAL CALENDAR YEAR OF THE SDG&E ENERGY CONSERVATION GRANT; ESTABLISHING A CLERICAL POSITION AND ENVIRONMENTAL RESOURCE MANAGER POSITION IN THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT; AND TRANSFER GENERAL SERVICES ENERGY CONSERVATION FUNDS TO THE ENERGY CONSERVATION FUND Approval of this request will allow staff to continue a partnership with SDG&E and the California Public Utilities Commission (CPUC) to provide energy services to local residents, businesses and City operations that reduce the amount of natural gas and electricity consumed - programs that reduce ratepayer costs and complement the City's long-standing commitment to the prevention of global warming and the environment. Staffis requesting an appropriation of $73 I ,075 for the third calendar year of a three-year Energy Conservation grant from SDG&E. Staff is also requesting to move $392,108 of unused 2007 funding from General Services Energy Conservation Fund to Conservation & Environmental Services, and to re-establish a clerical position in the Conservation & Environmental Services (CES) Department. Re-establishing the position creates no net impact to the General Fund. Staff is working with SDG&E to begin the process of developing program descriptions for the 2009-201 I grant cycle. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2008 BUDGET TO: I) APPROPRIATE $731,075 FOR THE FINAL CALENDAR YEAR OF THE SDG&E ENERGY CONSERVATION GRANT, 2) ESTABLISH A CLERICAL POSITION AND ENVIRONMENTAL RESOURCE MANAGER POSITION IN THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT, AND APPROPRIATE FUNDS THEREFORE, AND 3) TRANSFERRING $392,108 FROM GENERAL SERVICES FUND TO THE ENERGY CONSERVATION FUND (4/5THS VOTE REQUIRED) Page 5 - Council Agenda httD:/ /www.chulavistaca.2:0V January 22, 2008 OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS II. 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. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Daniel Ruiz, et at. v. City ofChula Vista, et aI., San Diego Superior Court case No. GIS26710. 13. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager ADJOURNMENT to the next Regular Meeting, February 5, 2008 at 4:00 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 Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired Page 6 - Council Agenda hltD:/ /www.chulavistaca.gov January 22, 2008