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Home My WebLink About2007/01/09 Agenda \ declare under penalty of perjury th.:it I curt ,mployed by the City of Chula Vista in the. "" r , ~!tfice of the City Clerk and that I posted thiS ~,'ft.- t on the bulletin board according to:- ..d't~ ~ ec;:u..,rem8nts.. ~. ~~~~ IJlff01 ""~'1'1 . d~~;~; J m~_'" . .-- -. 'CHULA VISfA Cheryl Cox, Mayor Rudy Ramirez, Council member Jim Thomson, Interim City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Council member January 9,2007 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 · INTRODUCTION BY RECREATION DIRECTOR MARTIN, OF EMPLOYEE OF THE MONTH, CATHY MICHEL, SENIOR FISCAL OFFICE SPECIALIST . OATH OF OFFICE Rita Buencamino.Andrews to the Board of Appeals and Advisors . DID YOU KNOW...ABOUT HORIZON PARK'S UNIQUE DESIGN FEATURE - "THE COUNCIL RING?" Presented by Joe Gamble, Landscape Planner. 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. 1. APPROVAL OF MINUTES of the Regular Meetings of October 24, November 7, November 14, November 21, December 5, and December 12, 2006, the Special Meeting of October 24,2006, and the Adjourned Regular Meeting of November 7,2006. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL POLICY REGARDING REIMBURSEMENT OF EXPENSES INCURRED BY LEGISLATIVE BODY MEMBERS (SECOND READING) California State legislation, effective January 1, 2006, required cities to adopt a written policy regarding expense reimbursements paid to elected and appointed officials. The legislation provisions specifically apply to charter cities. Adoption of the proposed ordinance satisfies the requirements of the legislation. This ordinance was introduced on December 19, 2006. (City Attorney) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELIMINATING THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR FROM THE AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR 2007 BUDGET, WITH THE CITY MANAGER ASSUMING THE ADMINISTRATIVE DUTIES OF THE POSITION WITH EXISTING BUDGETARY RESOURCES Adoption of the resolution formalizes Council action taken at the December 19, 2006 meeting and eliminates the position of Intergovernmental Affairs coordinator from the Mayor and Council's Fiscal Year 2007 budget, with the administrative duties of the position to be assumed by the City Manager with existing budgetary resources. (Budget and Analysis Director) Staff recommendation: Council adopt the resolution. 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.44.120, UTILITY USERS TAX - REFUNDS, OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING) Chula Vista Municipal Code Section 3.44.120 provides for the refunding of Utility Users Tax that is overpaid, paid more than once, or collected erroneously. The current code section allows for such refunds but does not provide specific procedures or time frames for processing refund claims. Adoption of the amendment ordinance establishes a one- year claims period for refunds and a procedure for filing of refund claims. This ordinance was introduced on December 19, 2006. (Finance Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Agenda htto:/ /www.chulavistaca.l!OV January 9,2007 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE PROVISION OF MIDDLE SCHOOL AFTER-SCHOOL PROGRAMS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,010 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT HILLTOP, CHULA VISTA, RANCHO DEL REY AND CASTLE PARK MIDDLE SCHOOLS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $8,371 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Page 3 - Council Agenda htto://www.chulavistaca.gov January 9,2007 The Recreation department and the Sweetwater Union High School District jointly fund the Middle School after-school program (Club Teen Connection or Club TC). The program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools. A collaborative partner in the program is the South Bay YMCA. Adoption of these resolutions approves six agreements and appropriations of additional program funds to provide indoor and outdoor after-school programs for the middle schools. (Recreation Director) Staff recommendation: Council adopt the resolutions. 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. 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. 6. CONSIDERATION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13M (OTA Y RANCH VILLAGE TWO) Adoption of the resolution will form CFD No. 13M, which will fund the perpetual operation and maintenance of (a) landscaping including, but not limited to parkways, medians and slopes; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; (e) pedestrian bridges, including but not limited to, graffiti removal; and (f) public lighting facilities. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO), AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF 7. CONSIDERATION OF ANNEXATION OF TERRITORY, ANNEXATION NO. 6 (OTAY RANCH VILLAGE TWO), TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) Page 4 - Council Agenda httD:/ /www.chulavistaca.gov January 9,2007 Adoption of the resolution will annex the territory within Otay Ranch Village Two into Improvement Area C of CFD No. 97-2. Improvement Area A funds the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance. Improvement Area B only funds the Resource Monitoring Program. Special taxes levied within Improvement area C fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II, plus a pro-rata share of Administrative Expenses of CFD No. 97-2. Otay Ranch Village Two will not be annexed into Improvement Area A or Improvement Area B. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT ACTION ITEMS The Item 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. 8. CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT WITH HTH (HIGH TECH HIGH) LEARNING TO LEASE 8-ACRES OF CITY-OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER HTH Learning is a private nonprofit organization overseeing the development and operation of facilities that house High Tech High Schools following the charter high school design model. They currently operate a total of seven high, middle and elementary schools, with six in San Diego and one in northern California. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL APPROVING A LEASE AGREEMENT WITH HTH LEARNING TO LEASE 8-ACRES OF CITY- OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER, WITH AN OPTION TO DEVELOP A CHARTER MIDDLE SCHOOL ON 2.7 ACRES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT Page 5 - Council Agenda hltJl:/ /www.chulavistaca.gov January 9,2007 9. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT Adoption of the ordinance prohibits smoking within fifty (50) feet of the entrance to any eating establishment and makes additional clerical corrections to the municipal code section. (City Attorney) Staff recommendation: Council place the ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT (FIRST READING) OTHER BUSINESS 10. CITY MANAGER'S REPORTS 11. MAYOR'S REPORTS A. Ratification of appointment of Kevin O'Neill to the Growth Management Oversight Commission. B. Update on Scope of Work for Independent Financial Review. 12. COUNCIL COMMENTS Deputy Mayor Rindone: A. Consideration of the establishment of a Health Care Commission. 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). 13. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One case 14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One case Page 6 - Council Agenda htto://www.chulavistaca.2ov January 9, 2007 ADJOURNMENT by the City Council to an Adjourned Regular Meeting on January 15, 2007 at 9:30 a.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 Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 7 - Council Agenda httn://www.chulavistaca.2ov January 9,2007