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Home My WebLink About2007/04/17 Agenda I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board accordin~ ~ ~ Brown Act requirements. ~ ~ Slgned~ ~~ ellY Of CHULA VISfA Ay Cheryl Cox, Mayor Rudy Ramirez, Councilmemher Jim Thomsun, Interim City Manager John McCann, Councilmemher Ann Moore, City Attorney Jerry R. Rindone, Councilmemher Susan Bigelow, City Clerk Steve Castaneda, Councilmemher April 17, 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 . OATHS OF OFFICE Terry Jensen, Veterans Advisory Commission . PRESENTATION BY MAYOR COX OF A PROCLAMATION DECLARING TUESDAY, APRIL 17, 2007 AS LAW ENFORCEMENT POLICE RESERVE AND MOUNTED OFFICER DAY IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items 1 through 9) 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 Special Meetings of March 8 and March 22, 2007, and the Regular Meetings of March 13 and 20, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Castaneda requesting an excused absence from the Adjourned Regular Meeting of AprilS, 2007. Staff recommendation: Council excuse the absence. B. Letter of resignation from JeffJustus, member of the Design Review Committee. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. There was no item 3. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $2,453 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Animal Care Facility has received various donations in the amount of $2,453 from various donors from November 2006 thru February 2007. The donations will be used to purchase medical and laboratory supplies as needed to provide veterinary care. (General Services Director) Staff recommendation: Council adopt the resolution. 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006 FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007 FOR PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY ADMINISTRATION FUNDS All local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program. The Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. (General Services Director) Staffrecommendation: Council adopt the resolutions. Page 2 - Council Agenda htto://www.cqulavistaca.lIov April!7, 2007 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $7,500 FROM THE FIT FOR LIFE GRANT AND APPROPRIATING $3,750 TO THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET (4/5THS VOTE REQUIRED) The Library recently received a one-time grant award from MetLife Foundation and Libraries for the Future in the amount of $7,500, which will be used to develop a program called "Seek & Be Fit", a community-wide effort that encourages dialogue and action among teens and families on the issues of juvenile obesity, nutrition, and fitness. Only $3,750 will be appropriated for fiscal year 2007 and the remainder will be included in the Fiscal Year 2008 budget. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE POLICE DEPARTMENT'S PARTICIPATION IN THE STATE OF CALIFORNIA'S CORRECTIONS STANDARD AUTHORITY "STANDARDS AND TRAINING FOR CORRECTIONS" PROGRAM Adoption of the resolution authorizes the Police Department to participate in the State of California, Standards and Training for Corrections program. (Police Chief) Staff recommendation: Council adopt the resolution. 8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 POLICE DEPARTMENT PERSONNEL SERVICE BUDGET TO ADD UNCLASSIFIED POSITIONS, AND APPROPRIATING FUNDS THEREFORE BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (FIRST READING) (4/5THS VOTE REQUIRED) The California Border Alliance Group (CBAG) is requesting the addition of two new positions, CBAG Microcomputer Specialist and CBAG Lead Programmer Analyst, and the addition of an additional CBAG Program Manager. All positions will be fully funded through the Southwest High Intensity Drug Trafficking Area with an additional 3% administrative fee paid to the City for the payroll and benefits administration. (Police Chief) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 9. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 17.24.040 THROUGH 17.24.050, AND ADDING SECTION 17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT (FIRST READING) Page 3 - Council Agenda httD:/ /www.chulavistaca.2ov April ]7,2007 B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING CHAPTER 9.14, SECTIONS 9.14.010 THROUGH 9.14.070 RELATING TO MAKING IT UNLAWFUL FOR MINORS TO CONSUME ALCOHOLIC BEVERAGES, AND FOR PERSONS TO HOST, PERMIT, OR ALLOW GATHERINGS WHERE MINORS ARE CONSUMING ALCOHOL BEVERAGES (FIRST READING) Loud party calls to the police from citizens have increased steadily as the City has grown. Chula Vista's current municipal code dealing with noisy and disorderly conduct does not provide officers with the necessary tools, citations, and cost recovery, to deal with this growing problem. Additionally, the most frequent sources of alcohol for college students and adolescents include family members, friends, adult purchasers, and parties. Social host liability laws send a clear message that adults have a responsibility in the way they manage their homes or other premises under their control to prevent underage drinking parties and their consequences. Amending Titles 9 and 17 of the Chula Vista Municipal Code by adopting these ordinances will assist the Police Department and City staff with enforcement. Staff recommendation: Council place the ordinances on first reading. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Authority on any subject matter within the Council/Authority's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council//Authority from taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency/Authority 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. 10. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Staff recommendation: Council conduct the public hearing, and adopt the following resolution: Page 4 - Council Agenda httn://www.chulavistaca.g.ov April 17,2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION II. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Staff recommendation: Council conduct the public hearing, and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council/Authority, 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. 12.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO DEVELOP AND IMPLEMENT CAPITAL IMPROVEMENTS TO ENHANCE PUBLIC HEALTH AND SAFETY AT LAUDERBACH NEIGHBORHOOD PARK, AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) "LAUDERBACH PARK IMPROVEMENTS (CIP NO. PR295)", APPROPRIATING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF $114,020 (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN INTERPROJECT TRANSFER FROM EXISTING CIP "WESTERN CHULA VISTA INFRASTRUCTURE FINANCING PROGRAM (CIP NO. GGl88)" TO PR295 IN THE AMOUNT OF $285,980 AS NECESSARY TO FULLY FUND THE PROJECT (4/5THS VOTE REQUIRED) Page 5 - Council Agenda htto:/Iwww.chulavistaca.gov April 17, 2007 Lauderbach Neighborhood Park was added to the City park system as part of the Montgomery Annexation in 1985. The Boys and Girls Club of Chula Vista leases the recreation building located within the park and uses the field and tot lots for its members. Lauderbach Park is also the meeting place for an active senior citizen group that meets on a weekly basis. As is the case in most City Neighborhood Parks, there is no public restroom. Adoption of the resolution will create a capital improvement project that will add a restroom, fenced area, and security lighting. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 13. CONSIDERATION OF ACCEPTANCE OF CERTIFICATION OF SUFFICIENCY OF AN INITIATIVE PETITION REGARDING ALLOWABLE BUILDING HEIGHT LIMITS An initiative petition regarding allowable building height limits in certain areas of the City was filed with the City Clerk on February 21, 2007. The required number of valid signatures needed was 8,985 (ten percent of the voters of the City, which was 89,849 according to the Registrar of Voters' official report to the Secretary of State on September 8, 2006). The Registrar of Voters examined the signatures on the petition, and found them to be sufficient. Elections Code Sections 9211 and 9114 require the City Clerk to certify the results of the examination to the City Council. Adoption of the resolution accepts certification of the sufficiency of the petition. (City Clerk) Staff recommendation: Council adopt the following resolution and select option A, B, or C: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF AN INITIATIVE PETITION REGARDING ALLOWABLE BUILDING HEIGHT LIMITS A. Direct staff to place the ordinance, as proposed by the proponents, without alteration, on a Council agenda for adoption within ten days; or B. Direct staff to prepare a resolution for Council adoption placing the ordinance on the ballot at the next regular municipal election (June 3, 2008); or C. Order a report pursuant to Elections Code Section 9212, to be presented to Council within 30 days [If this option is chosen, when the report is presented to the Council, it shall either adopt the ordinance within ten days or order an election to be held at the next regular municipal election (June 3,2008)]. OTHER BUSINESS 14. CITY MANAGER'S REPORTS Page 6 - Council Agenda htto:llwww.chulavistaca.l!OV April 17, 2007 15. MAYOR'S REPORTS A. INDEPENDENT FINANCIAL REVIEW OF THE CITY OF CHULA VISTA, BY CONSULTANT ECONOMIC & PLANNING SYSTEMS On February 6, 2007, the City Council approved the selection of Economic & Planning Systems as the consultant to perform an independent financial review of the City of Chula Vista. The financial report is being presented for review and discussion. (Independent Financial Review Council Subcommittee - Mayor Cox and Councilmember Castaneda) 16. 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). 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager 18. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PER GOVERNMENT CODE SECTION 54956.9(b) A. Four Cases ADJOURNMENT to the Adjourned Regular Meeting of April 19,2007 at 6:00 p.m. in the Chula Vista Police Department, Community Room, 315 Fourth Avenue, and thence to the Regular Meeting of April 24, 2007 at 6:00 p.m. in the Council Chambers In compliance with the AMERICANS WITH DISABILITIES ACTION 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 7 - Council Agenda hlip:! /www.chulavistaca.gov April 17, 2007