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HomeMy WebLinkAboutcc min 2007/01/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 23, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:02 p.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Rindone led the pledge, followed by a moment of silence in the memory of Diane Carpenter. SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Tim Jones - Growth Management Oversight Commission Deputy City Clerk Bennett administered the oath of office, and Deputy Mayor Rindone presented Mr. Jones with a certificate of appointment. . INTRODUCTION BY POLICE CHIEF EMERSON OF SEVEN POLICE RECRUITS AND ONE LATERAL OFFICER Police Chief Emerson introduced police recruits John Rodrigues, Carlos Marques, Roy Vicente, Jesse Vicente, Rolando Granados, Diossy Sarabia, John Delgado, and Lateral Officer Ernesto Pinedo. Deputy City Clerk Bennett administered the oath of office to Officer Pinedo. . PRESENTATION BY DEPUTY MAYOR RINDONE OF A PROCLAMATION ON BEHALF OF DIANE CARPENTER, COMMUNITY AND EDUCATIONAL LEADER, COMMENDING HER FOR HER VISION, HER SERVICE, AND HER COMPASSIONATE HEART Deputy Mayor Rindone spoke about Diane Carpenter's role in bettering the community and the lives of many students and adults. Mayor Cox read the proclamation, and Deputy Mayor Rindone, assisted by Councilmembers Castaneda, McCann, Ramirez, and Mayor Cox, presented the proclamation to the family members of Ms. Carpenter. SPECIAL ORDERS OF THE DAY (continued) · DID YOU KNOW.....THAT THE NATURE CENTER HAS ENDANGERED GREEN SEA TURTLES? Presented by Joyce Remp, RVT, Curator of Reptiles Nature Center Director Beintema introduced Joyce Remp, who provided a presentation on the green sea turtle exhibit at the Chula Vista Nature Center. CONSENT CALENDAR (Items I through 8) With regard to Item 8, Deputy Mayor Rindone expressed appreciation to staff for their hard working assisting several of the displaced Jade Bay Mobilehome Park residents. Councilmember Castaneda reminded staff to keep a record of all funds used to assist Jade Bay residents so that the taxpayers can be made whole when the property is developed in the future. I. RESOLUTION NO. 2007-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY GRANT FUND BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED CALIFORNIA STATE LIBRARY GRANT AUGMENTATION IN THE AMOUNT OF $3,671 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S CALIFORNIA LIBRARY LITERACY SERVICES MATCHING FUNDS GRANT (4/5THS VOTE REQUIRED) Adoption of the resolution approves the appropriation of a one-time augmentation in the amount of $3,671 in Literacy Services matching grant funds to the Fiscal Year 2007 Library Department budget. (Assistant City Manager Palmer/Library Director) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2007-016, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $55,000 (4/5THS VOTE REQUIRED) Adoption of the resolution approves the appropriation of $55,000 in donations received from various organizations and individuals for the purchase of new books to the Fiscal Year 2007 Library Department budget. (Assistant City Manager Palmer/Library Director) Staff recommendation: Council adopt the resolution. 3. A. RESOLUTION NO. 2007-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT 13M (OT A Y RANCH VILLAGE TWO) Page 2 - Council Agenda htto://www.chulavlstaca.llov January 23,2007 CONSENT CALENDAR (continued) B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO (FIRST READING) Council previously initiated proceedings for the formation of Community Facilities District (CFD) 13M, and on January 16, 2007, a special tax election was conducted. Adoption of the resolution declares the results of that election; and adoption of the ordinance will authorize the levy of a special tax in CFD 13M. This district will fund the perpetual operation and maintenance of landscaping, including parkways, medians and slopes; facilities that are directly related to storm water quality control; walls and fencing; trails; pedestrian bridges, including graffiti removal; and public lighting facilities. The City has retained the services of MuniFinancial as special tax consultant and Best Best & Krieger LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 4. RESOLUTION NO. 2007-018, 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), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA C, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), AND ADDING SUCH TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA Council previously initiated annexation proceedings for Community Facilities District (CFD) 97-2 (Preserve Maintenance District), approved certain findings, authorized the electors to vote on the annexation of Otay Ranch Village Two to CFD 97-2, Improvement Area C, and held the election on January 16, 2007. Adoption of this resolution declares the results of that election, and adds the territory to the district. The special taxes levied within Improvement Area C will 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 97-2. The City has retained the services of MuniFinancial as special tax consultant and Best Best & Krieger LLP, as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2007-019, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF THREE GRANT APPLICATIONS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FISCAL YEAR 2007/2008 TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSNET FUNDING, FOR BICYCLE AND PEDESTRIAN IMPROVEMENTS Page 3 - Council Minutes htto ://www.chulavistaca.gov January 23, 2007 CONSENT CALENDAR (continued) The Transportation Development Act and TransNet Program provide funding support for regional bicycle and pedestrian capital improvement projects. The San Diego Association of Governments will allocate those project funds to cities in the San Diego region based upon funding availability and project ranking. Adoption of the resolution approves the submittal of three applications for funding. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-020, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING ONE LATENT PRINT EXAMINER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT, AMENDING THE FISCAL YEAR 2006/2007 POLICE BUDGET AND APPROPRIATING FUNDS BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The Police Department, in partnership with the San Diego County Sheriffs Department, proposes to add one Latent Print Examiner. This new position would provide latent print services on a regional basis and would be completely funded by the San Diego County's California Identification System Remote Access Network program. (Police Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-021, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FEDERAL FUNDING REQUESTS FOR SUBMISSION Adoption of the resolution approves those items to be submitted to Chula Vista's Congressional delegation to request federal funds. (Assistant City Manager Smith) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2007-022, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENANT-BASED RENTAL ASSISTANCE PROGRAM AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR PROCESSING The City Council approved the use of the U.S. Department of Housing and Urban Development (HUD) HOME funds for a rental assistance program to help with montWy rental payments for low-income households, offering "displaced persons" a priority. Staff has developed the program guidelines and all associated forms. Adoption of the resolution authorizes staff to both operate the program and execute all documents necessary for processing. (Acting Director of Community Development) Staff recommendation: Council adopt the resolution. Page 4 . Council Agenda htto:l Iwww.chulavistaca.oov January 23,2007 " CONSENT CALENDAR (continued) ACTION: Councilmember Castaneda moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, invited the Mayor and Council to the Chamber's 80th annual installation dinner and dance on Friday, January 26, 2007, at the Eastlake Design District. PUBLIC HEARINGS. 9. CONSIDERATION OF A TENTATIVE SUBDIVISION, PCS-06-l2, TO CONVERT AN EXISTING 12-UNIT APARTMENT COMPLEX TO 12 CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 582 ARIZONA STREET Adoption of the resolution approves a proposed condominium conversion of an existing l2-unit apartment complex at 582 Arizona Street to 12 condominiums for individual ownership. (Planning and Building Director) 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. Planning and Building Director Sandoval introduced the item, and Associate Planner Vanderbie presented the staff report and responded to questions of the Council. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2007-023, heading read, text waived: RESOLUTION NO. 2007-023, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN .45 ACRES AT 582 ARIZONA STREET FOR A ONE- LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL UNITS Councilmember Castaneda seconded the motion, and it carried 5-0. Page 5 - Council Minutes ht(p://www.chulavistaca.oov January 23, 2007 PUBLIC HEARINGS (continued) 10. CONSIDERATION OF AMENDMENT TO CHAPTER X (BUILDING) AND CHAPTER XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE April 2001 was the last time the building fee schedule was updated, and November 2004 was the last time the planning fee schedule was updated. Subsequent revisions to the full-cost recovery rates and departmental reorganizations necessitate fee schedule updates to ensure full cost recovery for services is provided. (Planning and Building Director) 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. Planning and Building Director Sandoval introduced the item. Brian Foster of Maximus, Inc. (consultant) presented the staff report and responded to questions of the Council. Assistant Building and Housing Director Remp noted a correction to page 4, in the paragraph following Table 2, of the staff report. The Board of Appeals and Advisors and staff are recommending a subsidy for the installation of replacement water heaters and gas lines. The number for the proposed fee of $51.30 is correct in the table, however in the paragraph below, the actual cost is significantly higher and should reflect $143,700 rather than $31,500. Mayor Cox opened the public hearing. In response to a question by Councilmember Castaneda, and Planning and Building Director Sandoval explained that the fee analysis provided a true picture of what the actual staff costs are. Deposits required from applicants will now be more accurate up front, and additional funds will not be requested as frequently. Further, the fees will now be reviewed every two years to ensure they are kept current. Deputy Mayor Rindone inquired about historic designation fees. Planning and Building Director Sandoval explained the historic designation process and responded that the historic designation fees were set at half of what the actual costs were determined to be during the prior fee study in 2004. Jerry Livingston, representing the Building Industry Association, spoke in support of the proposed changes. Pamela Bensoussan spoke in opposition to any increased historic designation or Mills Act fees. Mayor Cox confirmed with Planning and Building Director Sandoval that there were no proposed increases in the historic designation or Mills Act fees, and that staff had authority to waive some or all of the application fee, should they see fit to do so. There being no further speakers, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt Resolution Nos. 2007-024 and 2007-025, headings read, texts waived: RESOLUTION NO. 2007-024, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE Page 6 - Council Agenda htt:p://www.chulavistaca.QOV January 23, 2007 PUBLIC HEARINGS (continued) RESOLUTION NO. 2007-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER Xl V (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE Councilmember Ramirez seconded the motion, and it carried 5-0. Item 12 was actually heard at this time, prior to Item 11. I I. CONSIDERATION OF AN AMENDMENT TO THE LIBRARY'S MASTER FEE SCHEDULE As a result of the Library's growing emphasis on local history and increasing demand by the public for historic photographs and documents, the Library recommends a change to its master fee schedule. (Assistant City Manager Palmer/Library Director) 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. Assistant City Manager/Library Director Palmer presented the staff report and responded to questions of the Council. Mayor Cox opened the public hearing. Lupita Jimenez, Chula Vista resident, expressed concerns with any increase in fees, stating that they would weigh heavily on retired people and those with low incomes. Pamela Bensoussan, Chula Vista resident, representing the Northwest Civic Association, congratulated the Library staff on the work they have done in the history archives, but spoke in opposition to the proposed increase in fees. Councilmember McCann stated that the proposed costs seemed high and the fiscal impact was only $1,500, so he could not support the increase. Councilmember Ramirez inquired, and Community Relations Manager Gulbransen responded, that staff has discretion to review and waive fees for certain projects of public benefit. Mayor Cox suggested the Council consider applying the fee schedule and authorize staff to have continued authority to waive fees they are comfortable waiving. Councilmember Rindone moved to adopt Resolution No. 2007-026, heading read, text waived, as amended to charge reproduction fees at actual cost of service, photocopies made by staff at $.25 per page, no charge for obituaries, and use fees at $10 per photo. Councilmember Castaneda seconded the motion. In response to a question by Interim City Manager Thomson, City Attorney Moore responded that although the staff report indicated that a 4/5ths vote was required, it was in error and was not required on this item. Page 7 - Council Minutes htto:! !www.chulavistaca.oov January 23, 2007 PUBLIC HEARINGS (Continued) Councilmember Ramirez stated that although he felt those benefiting from the archival system should contribute to the funding of it, he could not support the proposed motion to change anything or come out against the recommendation of staff. There being no further speakers, Mayor Cox closed the public hearing. The motion failed 2-3, with Councilmember Castaneda and Deputy Mayor Rindone voting yes, and Councilmembers McCann, Ramirez and Mayor Cox voting no. Councilmember Ramirez moved to accept staffs recommendation and adopt Resolution No. 2007-026, heading read, text waived. Mayor Cox seconded the motion, and it failed 2-3 with Councilmember Ramirez and Mayor Cox voting yes, and Councilmembers Castaneda, McCann, and Deputy Mayor Rindone voting no. Councilmember Castaneda suggested that the Library staff locate a benefactor to make this item revenue neutral. Mayor Cox suggested staff return with a modified suggestion on how to proceed on this item. Councilmember McCann stated a point of order: the item failed and therefore could not be brought back. Deputy Mayor Rindone stated that the item could be brought back, provided those who opposed it concurred. City Attorney Moore stated that the same motion could not be brought back, however a different motion could be considered. ACTION: Councilmember Rindone moved adopt the resolution, heading read, text waived, as amended to honor staff's recommendation for I and 3 only and to refer the other use fees back to staff for further review and consideration: RESOLUTION NO. 2007-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE LIBRARY MASTER FEE SCHEDULE Mayor Cox seconded the motion, and it carried 4-1 with Councilmember McCann voting no. ACTION ITEMS 12. CONSIDERATION OF WAIVING THE FORMAL BIDDING PROCESS, APPROVAL OF AN AGREEMENT WITH COOPER ROBERTSON & PARTNERS FOR CONSULTANT SERVICES RELATED TO EVALUATION OF POTENTIAL STADIUM SITES FOR THE SAN DIEGO CHARGERS WITHIN THE CITY OF CHULA VISTA, ADOPTION OF GUIDING PRINCIPLES FOR CHARGER RELOCATION, AND THE REFORMATION OF THE CHARGERS SUBCOMMITTEE Page 8 - Council Agenda htto:! !www.chulavistaca.oov January 23, 2007 ACTION ITEMS (continued) Adoption of the resolution approves a consulting contract that provides the City with the necessary consultant resources to evaluate various sites within Chula Vista for a stadium complex for the San Diego Chargers. The three-party agreement ensures that the necessary work, as directed by the City, will be paid for by the San Diego Chargers. The City Council is requested to adopt the principles that the City will operate under in its work on the stadium proposal. The guiding principles emphasize public participation in the design process, fiscal responsibility, and environmental sensitivity, among other principles. The City Council is also requested to reform the subcommittee to remove the Planning Director and City Attorney, leaving two Council members. (Planning and Building Director) Item 12 was taken out of order and actually heard prior to Item II. Planning and Building Director Sandoval provided the staff report, along with a brief overview of the bidding process that was undertaken. Councilmember McCann stated for the record that the study was not going to cost the taxpayers any money. Councilmember Ramirez expressed support for the study of locations for a potential Chargers stadium, and then read several comments of concern he received from the public that he felt the subcommittee should consider as they moved forward. Deputy Mayor Rindone stated that a different consultant might be able to provide a different perspective. Planning and Building Director Sandoval explained the logic behind staffs recommended selection. Deputy Mayor Rindone then expressed concern with guiding principles 9 and 10, stating that it was particularly important that a stadium not be considered for siting on the bayfront. The following persons spoke in support of bringing the Chargers to Chula Vista: Mark Fabiani, representing the San Diego Chargers David Hoffman, Chula Vista resident and Chula Vista business owner Joe Moeller, President of the San Diego International Sports Council Cindy Gomeper-Graves, South County EDC Paul Borden, HomeFed Nick Aguilar, Chula Vista resident Alan Kidd, San Diego Hall of Champions Stephen Cushman, San Diego Unified Port District Karen McElliott, San Diego International Sports Cov., property owner of Chula Vista Marina and Resort John Clingan, Boys and Girls Clubs ofChula Vista David Krogh, Chula Vista resident, suggested an additional principle: to identifY traffic impacts and identifY appropriate mitigation. Page 9 - Council Minutes ht(p:!!www.chulavistaca.oov January 23, 2007 ACTION ITEMS (continued) Peter Watry, Chula Vista resident, representing Crossroads II, requested the addition of an 11th principal to allow the people of Chula Vista to vote on the process, and expressed hope that the City Council would not present the bayfront as a site option without discussing it with Gaylord first. Parks Pemberton, Chula Vista resident, spoke in opposition, stating that the citizens' quality of life would suffer as a result of traffic impacts. He expressed frustration that the Council, in his opinion, had not taken into consideration what the citizens had to say on the matter. Mayor Cox stated that she believed the consultant was knowledgeable about the City and that the Top 10 list was a good place to start. Further, she supported open public meetings and reforming the subcommittee. Councilmember Castaneda said he viewed the principals as protection for the citizens and requested that, once adopted, they be posted at all future meetings. He asked when the fiscal analysis would be completed and wanted to be sure it would embedded in Principle 6. Deputy Mayor Rindone expressed the need for due diligence to find a potential site that worked not only for the Chargers, but also for Chula Vista citizens. Further, he stated that no proposal should impact the bayfront plans or the future university. Councilmember McCann stated that the proposal was a once-in-a-lifetime opportunity, and he assured everyone that the Council would proceed with caution. He then thanked Mr. Fabiani and Mr. Spanos for providing funding so the City could hire a consultant to explore potential sites. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-027, heading read, text waived; adopt the guiding principles for Charger relocation, as proposed; and approve the reformation of the Council subcommittee on Chargers relocation: RESOLUTION NO. 2007-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, COOPER ROBERTSON & PARTNERS (CONSULTANT) AND THE SAN DIEGO CHARGERS (APPLICANT) FOR THE EVALUATION OF POTENTIAL STADIUM SITES WITHIN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Councilmember Ramirez seconded the motion, and it carried 5-0. City Attorney Moore stated for the record that the Council subcommittee was reformed to comprise only the Mayor and Councilmember McCann. Page 10 - Council Agenda httn:/ /www.chulavistaca.2:0V January 23, 2007 ACTION ITEMS (continued) 13. 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) Economic Development Manager Stone introduced the item, and Principal Community Development Specialist Ruiz provided the staff report. Mr. Wallis, Chief Operating Officer of HTH, stated that the Sweetwater Union High School District (SUHD) originally approved the high school charter by unanimous vote in 2004, prior to HTH being invited by members of the state board, charter community and other educational leaders to become a test case for the statewide charter. Due to a decision that one could not apply for a statewide charter with a preexisting charter elsewhere, HTH requested SUHD consider its application rescinded so it could be transferred over to statewide charter. SUHD had also approved, by unanimous consent, the request for the middle school charter. Mayor Cox recessed the meeting at 8:15 p.m. and reconvened it at 8:26 p.m. with all members present. Mayor Cox clarified that the item was time sensitive, as the state board required notification by the end of January 2007 of where the permit location would be. Mr. Rosenstock, CEO and founding principal of HTH, explained the process for the student lottery, how teachers are hired and credentialed, the anticipated students and staff who are Chula Vista residents, and the State Board of Education requirements that two schools be opened in 2007 and be sited by January 2007. Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, spoke in support of approval of the proposed lease agreement on behalf of the Chamber Board of Directors and membership. Jennifer Henry, representing Julie Meier-Wright, President and CEO of the San Diego Regional Economic Development Corporation, read into the record a letter from Ms. Meier-Wright in support of the proposed lease agreement. Lupita Jimenez, Chula Vista resident, spoke in support of the lease agreement, and encouraged placement of the school in the west side of the City. Page I I - Council Minutes htto:! !www.chulavistaca.gov January 23, 2007 ACTION ITEMS (continued) Arlie Ricasa, President of the Sweetwater Union High School District Board, spoke in support of the concept but in opposition to the lease agreement recommendation until equitable benefits are made available to the Sweetwater District, as well. Ramon Leyba, Chief Operating Officer of the Sweetwater Union High School District, representing Superintendent Dr. Gandara, spoke in opposition to the proposed lease agreement, stating that the Superintendent does not endorse or support the proposal. Nick Aguilar, Chula Vista resident, spoke in support of the proposed lease agreement, but suggested that the current site should be maintained to attract a university and that the west side of Chula Vista would be better suited to site the high tech high school. Economic Development Manager Stone explained the chronology of discussions, which began in 2005, including those with SUHD, regarding the possibility oflocating a high tech high school in Chula Vista. Deputy Mayor Rindone, speaking as an elected official, expressed his understanding of the recent conversations with the SUHD administrators, which Mr. Stone confirmed, including concerns expressed to staff by the Superintendent that the same opportunities be offered to the public school district, and that the school represent the community in the same way as SUHD. Additionally, the Superintendent wanted the charter school to consider grades as another criteria for entrance. Mr. Stone also responded that he had expressed to the Superintendent of SUHD that the City welcomed the opportunity to talk about similar types of programs at the campus that would be innovative, work well with and contribute to the success of the University Park and Research Center, and that would take advantage of the space in the same way that a high tech high does. Mr. Stone then explained the reasoning behind the proposed siting versus a site on the Westside of the City. Ms. Recasa spoke regarding lack of communication between the entities involved III this decision. Mr. Wallis ofHTH responded to a prior comment regarding the resources that would be brought to this project and the way the schools were paid for, which is out of operating revenues that in this case would result in an approximately $25 million facility. Deputy Mayor Rindone inquired, and Principal Community Development Specialist Ruiz explained the assurances for HTH to meet prior to providing any further property for additional schools. Mr. Wallis confirmed that ifHTH Chula Vista did not follow the charter as presented to the State Board of Education, the charter could be in jeopardy. Page 12 - Council Agenda httn:llwww.chulavlstaca.QOV January 23, 2007 ACTION ITEMS (continued) Interim City Manager Thomson commented that he had been attempting to arrange a meeting with the SUHD Superintendent for the last several weeks, but Dr. Gandara's schedule would not allow that meeting prior to this evening; however he did have a meeting scheduled for next week that would also include Mr. Stone. ACTION: Mayor Cox moved to adopt Resolution No. 2007-028, heading read, text waived: RESOLUTION NO. 2007-028, 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 Deputy Mayor Rindone said he had wanted additional information concerning this project from staff this evening, and he did not feel comfortable voting without receiving that information. Therefore, he would abstain from voting. Councilmember Ramirez seconded the motion, and it carried 4-0-1 with Deputy Mayor Rindone abstaining. Councilmember McCann asked Interim City Manager Thomson to work diligently toward improved communications with Sweetwater staff. OTHER BUSINESS 14. CITY MANAGER'S REPORTS At the request of Interim City Manager Thomson, the Council agreed to cancel the February 1, 2007 Council workshop. 15. MAYOR'S REPORTS . Discussion regarding Southbay Power Plant Subcommittee Mayor Cox explained the subcommittee structure in Chula Vista and expressed her willingness to sit on a Council subcommittee, should that be the interest ofthe Council. Kevin Johnson, representing LS Power, encouraged the Council to continue with an evaluation of the project, and expressed the need to find a way to move the old plant from the bayfront. Deputy Mayor Rindone inquired as to whether the community would have all the power they needed, and if the power plant had a must-run condition. Mr. Johnson responded in the affirmative. Page 13 - Council Minutes htto:!!www.chulavistaca.gov January 23, 2007 OTHER BUSINESS (Continued) Alexandra Hart, representing the International Brotherhood of Electrical Workers, Local 569, spoke in support of the formation of the Council subcommittee. Laura Hunter, representing the Environmental Health Coalition, spoke III support of the establishment of the subcommittee. Councilmember Castaneda volunteered to serve on the subcommittee. ACTION: Councilmember McCann moved to nominate Mayor Cox and Councilmember Castaneda to serve as the Southbay Power Plant subcommittee representatives. Deputy Mayor Rindone believed the Council as a whole should be involved and fully participate. Councilmember Ramirez expressed support for the subcommittee, offered himself as a candidate, and requested that the subcommittee report back to the Council on a regular basis. Mayor Cox confirmed with Assistant City Manager Madigan that a timeline had not been set for the next workshop, as staff felt some investigatory time should be spent with the California Energy Commission, California Public Utilities Commission, and California Independent System Operator staff members prior to the second workshop. Mayor Cox suggested setting the second workshop for February, and possibly holding off establishing a subcommittee until after the second workshop. Councilmember Castaneda stated the need for specific conversations with the regulatory agencies and stakeholders and establishing the framework of how to proceed prior to the next workshop. Councilmember McCann said he felt the subcommittee should still be formed and the public workshop held in February. Deputy Mayor Rindone expressed support for holding the workshop in February. ACTION: Councilmember Ramirez seconded the motion, and it carried 5-0. 16. COUNCIL COMMENTS Councilmember Ramirez stated that he would be hold office hours to meet with the public on the first Monday of every month, alternating monthly between the east and west sides of the City. West-side meetings would begin on February 5, from 6:00 p.m. to 7:45 p.m., at the South Chula Vista Library. East-side meetings would begin on March 5, with the same hours, at Montevalle Park. Councilmember McCann thanked Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, for holding the Chamber installation dinner in Chula Vista and expressed hope that this tradition would continue in the future. At 10:27 p.m., Mayor Cox recessed the meeting to Closed Session. Page 14 - Council Agenda ht(p:! !www.chulavistaca.gov January 23, 2007 CLOSED SESSION 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager No reportable action was taken on this item. 18. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. ADJOURNMENT At 12:45 a.m., Mayor Cox adjourned the meeting to an adjourned regular meeting on January 25, 2007, at 6:00 p.m. in the Council Chambers. Of~~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 15 - Council Minutes htto:! /www.chulavistac3.flov January 23, 2007