Loading...
HomeMy WebLinkAbout2007/06/05 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 17, 2007 6:00 P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 6:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATHS OF OFFICE Terry Jensen, Veterans Advisory Commission City Clerk Bigelow administered the oath of office to Terry Jensen, and Deputy Mayor Rindone presented him with a certificate of appointment. · 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 Captain Hunter introduced members of the Police Reserves and Mounted Officers. Mayor Cox then read the proclamation, and Deputy Mayor Rindone presented it to the officers. CONSENT CALENDAR (Items I through 9) Mayor Cox announced that Item 9 would be removed from the Consent Calendar for discussion at the request of members of the public. Councilmember Castaneda stated that he would abstain from voting on Item 7, as his residence is within 500 feet of the Police Department. 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. I A- -I DRAFT CONSENT CALENDAR (Continued) 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Castaneda requesting an excused absence from the adjourned regular meeting of April 5, 2007. Staff recommendation: Council excuse the absence. B. Letter of resignation from Jeff Justus, 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 NO. 2007-082, 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 received $2,453 in donations 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 NO. 2007-083, 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 NO. 2007-084, 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 Minutes htto:/ /www.chulavistaca.gov 14-2 April 17, 2007 DRAFT CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2007-085, 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 ManagerlLibrary Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-086, 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's Standards and Training for Corrections program. (Police Chief) Staff recommendation: Council adopt the resolution. 8. A. RESOLUTION NO. 2007-087, 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) has requested 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 would 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. Item 9 was removed from the Consent Calendar for discussion. Page 3 - Council Minutes htto:/ Iwww.chulavistaca.gov II ? A-.:;> " . April 17, 2007 DRAFT CONSENT CALENDAR (Continued) ACTION: Deputy Mayor Rindone moved to approve Consent Calendar Items 1, 2 and 4 through 8, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0, except on Item 7, which carried 4-0-1 with Councilmember Castaneda abstaining due to the proximity of his residence to the Police Department. ITEMS REMOVED FROM THE CONSENT CALENDAR 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) 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 from citizens to the police have increased steadily as the City has grown. The current Municipal Code sections 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 Municipal Code by adopting these ordinances would assist the Police Department and City staff with enforcement. (police Chief) Staff recommendation: Council place the ordinances on first reading. Captain Hunter presented the proposed amendments. Jeremy Jones supported the numerous local efforts taken to address risk factors associated with the use of tobacco, alcohol and other drugs; and spoke of the negative outcomes resulting from house parties. He believed the proposed amendments would create a greater level of responsibility for those who host house parties, and he urged the Council to adopt the proposed social host ordinance. The following persons also spoke in support of the proposed social host ordinance: Martha Moreno, a member of the local Neighborhood Council Initiative for the prevention of alcohol and drugs Judy Walsh-Jackson, Director ofthe San Diego County Alcohol Policy Panel Adam Ridley, a student at Rancho Del Rey Middle School Pameet Kaur, a student at Otay Ranch High School Madel Cruz, representing the YMCA Teen Center Tanya Rourka-Osterwalder, representing the Healthy Eating and Active Communities Initiative Page 4 - Council Minutes httn:/lwww.chulavistaca.IWV lA-if April 17,2007 DRAFT CONSENT CALENDAR (Continued) Willard Howard strongly supported the noise portion of the proposed ordinance but was unsure why emphasis was being placed on alcohol enforcement, since he believed that existing law prohibited alcohol consumption by anyone under the age of 21. Deputy City Attorney Dawson responded that the proposed ordinance would give police officers a greater tool to enforce the myriad of problems related to minors and alcohol and associated noise issues. Councilmember Castaneda stated that the proposed ordinance would permit neighbors to make complaints without the fear of retaliation; and would allow officers to determine whether an unlawful nuisance exists and enforce the law. Deputy Mayor Rindone asked why the enforcement time was not set earlier than 11 :00 p.m. Deputy City Attorney Dawson responded that the decision on the time was made at the public safety subcommittee level. Deputy Mayor Rindone asked the Police Department to maintain records and report back to the Council in approximately six months to ascertain whether the time should be changed. He asked how situations would be addressed when parties were held without adult authorization or in locations such as warehouses without adults present. Deputy City Attorney Dawson responded that the proposed ordinance would cover those occurrences. Councihnember Ramirez asked how staff would make the public aware of the regulations. Captain Hunter replied that a training session for police officers and public outreach tools for the community were being plarmed. Councihnember Ramirez asked staff to report to the public safety subcommittee on the public outreach tools that are implemented. Councihnember McCann asked if the ordinance would apply to youth who utilize drugs other than alcohol, such as ecstasy or crystal meth. Deputy City Attorney Dawson replied that state law occupies the field related to controlled substances, and provisions were not included in the proposed ordinance. Mayor Cox asked staff to clarify laws associated with controlled substances in an information memo to the Council. Councihnember McCarm also spoke in support of a 10:00 p.m. enforcement time for noise and disorderly conduct, rather than the proposed 11 :00 p.m. time. Councilmember Castaneda said he would be willing to accompany Captain Hunter and Deputy City Attorney Dawson to meetings with the Sweetwater Union High School District Board and the Southwestern College Community District Board and hoped that the Boards would embrace the City's efforts to safeguard the youth. ACTION: Councihnember Castaneda moved to place the ordinances on first reading. Councihnember McCarm seconded the motion. Deputy Mayor Rindone offered a friendly amendment to the motion to change the enforcement time in the Item 9A ordinance from 11 :00 p.m., to 10:00 p.m. The amendment was accepted by both the maker and second; and the motion carried 5-0. PUBLIC COMMENTS Jillayne Salmon asked the Council to consider removing the 500 block of Jefferson and Oaklawn Avenues from the Urban Core Specific Plan, stating that none of the residents were notified of the proposed plan. She believed that high-rise buildings would have a negative impact on the neighborhood and create issues such as traffic congestion. Page 5 - Council Minutes httu:/ /www.chulavistaca,gov IA -5" April 17, 2007 DRAFT PUBLIC COMMENTS (Continued) Brian Parra also requested the removal of the 500 block of Oak lawn and Jefferson Avenues from the Urban Core Specific Plan. He said he recently purchased a home in that area and wanted to raise his family in the small community atmosphere afforded by the neighborhood. Judy Cave stated that she did not want Chula Vista to emulate the City of San Diego with its high- and mid-rise developments, pollution from excessive traffic, and lack of landscaping. She also said that if the Chula Vista Redevelopment Corporation were reinstated, too much power would be concentrated within the corporation. She believed that Chula Vista had a great opportunity to develop the west side with care and imagination, and the downtown village should not be compromised by mid-size construction. Carlos Lizarraga opposed the inclusion of Jefferson and Oaklawn Avenues in the Urban Core Specific Plan, and expressed concern about existing traffic issues on H Street. Interim City Manager Thomson reported that staff was scheduling an outreach meeting next Monday to provide additional information to residents of the Jefferson and Oaklawn neighborhoods. PUBLIC HEARINGS 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) 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. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-088, heading read, text waived: RESOLUTION NO. 2007-088, 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 Deputy Mayor Rindone seconded the motion, and it carried 5-0. Page 6 - Council Minutes hUn;//www.chulavistaca.gov IA-~ April 17, 2007 DRAFT PUBLIC HEARINGS (Continued) 11. 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) 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. Treasury Manager Mandery informed the Council of a letter received earlier in the day from David Doyer regarding his delinquent trash bill. The matter was referred to Allied Waste staff for further research. Mayor Cox opened the public hearing. With no members of the public wishing to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-089, heading read, text waived: RESOLUTION NO. 2007-089, 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 Deputy Mayor Rindone seconded the motion, and it carried 5-0. ACTION ITEMS l2.A. RESOLUTION NO. 2007-090, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZING 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 NO. 2007-091, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORlZING 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 7 - Council Minutes huo:! /www.chulavistaca.gov IA-7 April 17, 2007 DRAFT ACTION ITEMS (Continued) 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 of the City's neighborhood parks, there is no public restroom. Adoption of the resolution creates a capital improvement project to add a restroom, fenced area, and security lighting. (Public Works Operations Director) Councilmember McCann stated that he would abstain from discussion and voting on Item 12, as he is a member of the Board of Directors for the Boys and Girls Club. He then left the Chambers. Councilmember Castaneda reported that the public safety subcommittee held a community meeting on January 17, 2007, at Lauderbach Park to discuss safety issues in the park. He believed that the proposed improvements would make the park safer. Councilmember Ramirez believed it might be wise to postpone the restroom improvements for six months to a year, after the fence installation. Staff responded that the park improvements are planned to engage more of the community and encourage more family-oriented activities. Additionally, the bathrooms at the Boys and Girls Club are not always available to the public during the evening or when the facility is rented out. Councilmember Ramirez asked Charles Moore, representing the Boys and Girls Club, about phasing in the restroom facilities. Mr. Moore responded that the Board was mostly interested in the installation of the fencing and lighting; phasing in the restrooms was not discussed at the Board level. He added that the Board would like to encourage utilization of the park by all residents. Councilmember Ramirez suggested a meeting between City staff and the Boys and Girls Club Board to discuss the timing of the restroom improvements. Councilmember Castaneda stated that the issues related to this particular park were different in that the facilities, located in the middle of a public park, are leased and operated by a non-profit entity. He stated that the City needs to take the park back, and the restroom improvements are an integral part in the process. The play fields are located a distance from the restrooms at the Boys and Girls Club, they are not always open to the public, and there are security concerns about people entering the club to use the restrooms. He believed that $125,000 was not a lot to spend to safeguard children who use the park; and said he wanted to see the fence and bathroom built as quickly as possible. Deputy Mayor Rindone supported the immediate construction of the restroom facility to enhance the public portion and fields of the park and improve safety concerns. He also said it was important to establish comparable parks on the City's west and east sides. Earl Jentz supported adoption of the resolutions, adding that another reason to move forward was that the Boys and Girls Club is not open on weekends. ACTION: Councilmember Castaneda moved to approve Resolutions 2007-090 and 2007- 091, headings read, texts waived. Councilmember Ramirez seconded the motion, and it carried 4-0-1, with Councilmember McCann abstaining. Councilmember McCann returned to the dais at 7:44 p.m. Page 8 - Council Minutes httu://www.chulavistaca.IWV / /' .2 ,I;q "-0 April 17,2007 DRAFT ACTION ITEMS (Continued) 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) City Clerk Bigelow reported that the Registrar of Voters examined 12,238 signatures, of which 3,253 were found to not be sufficient, and 8,985 signatures were found to be sufficient. According to the Elections Code, the Council has three options: 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 the 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. Ned Ardanga supported option A and quoted from a letter he recently submitted to the Editor, stating that "when planning by the professionals fails to consider the public, the initiative process is our right, and we will exercise it as necessary to protect our rights, which occurs when the citizens wishes continue to be ignored by conflicted City staff and management." He said that the elected officials were being watched by citizens of the west and east sides to see how they reacted to citizens' initiatives. Peter Watry, representing Crossroads II, supported option A, stating that the report by the City Clerk would indicate that about 15,000 signatures were valid. He said that the initiative would reinforce the General Plan, and any delay would create uncertainty among developers and finance people. Jackie Lancaster supported option A and stated that delaying the initiative to the June election would be interpreted as stalling to give developers time to get their projects in the pipeline before the voters had a say. She did not believe mixed uses could be aesthetically pleasing and suggested that the City work toward attracting industry and jobs. Page 9 - Council Minutes hUD:/ iwww.chulavistaca.gov IA-1 April 17, 2007 DRAFT ACTION ITEMS (Continued) Steve Haskins, representing Citizens for Community Input, strongly supported option A but said his organization would grudgingly support option B. With reference to option C, he said there was no reason for the City to waste money on a short-term study. He then showed how high-rise structures would impact downtown Chula Vista. He asked the Council to place the item on the ballot and agree not to approve any projects that would violate the initiative pending the results of the election. Parks Pemberton stated that the disadvantaged were not included in the City's redevelopment plans. He asked the Council to begin listening to the majority of people in the City and select option A. Theresa Acerro spoke in support of option A, stating that there was no need to wait 30 days, that the public had spoken, and that"the Council should set the initiative for election. Charles Moore, President of the Chula Vista Chamber of Commerce, urged the Council to approve option C, stating that although people signed the petition, it was not necessarily reflective of the way they would vote. Robert Vacchi, representing Inland Industries Group, supported option C, stating that the proposed initiative would drastically affect the flexibility of planning in the City and have significant environmental, economic and social impacts. A thorough investigation and report was necessary to identify the impacts and inform the public of the potential negative impacts of the initiative. Jack Blakely, representing the Third Avenue Village Association, asked the Council to select option C, stating that a complete and thorough analysis of the impacts of the initiative was important for all members of the community, and especially the Village property and business owners, to fully understand the implications. Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, spoke in support of option C, stating that a complete and thorough analysis of the impacts of the initiative was very important in order to inform the community of the long-term effects on the City. Mayor Cox noted that the following members of the public submitted speaker slips in support of the various options but did not wish to speak: Item 13 (option not declared), Luis Vizcarra; option A, Robert Meyer, Athalone Osborne, Paul Osborne and Karen Jentz; option B, Charles Ulrich; and option C, Tina Medina. Mayor Cox spoke of the benefit of review in order to have an informed Council making informed decisions about the path that lies ahead. She spoke in support of option C, which would give the Council the opportunity to hear from staff and understand the impacts in terms of the General Plan, future redevelopment, financial costs of redevelopment on Scripps Hospital, employment, meeting affordable housing requirements, and community character. The report would inform the Council in time to place the initiative on the June 3rd ballot or adopt the ordinance as written. Page 10 - Council Minutes him ://www.chulavistaca.gov IA-IO April 17, 2007 DRAFT ACTION ITEMS (Continued) ACTION: Councilmember Ramirez moved to approve option A. The motion failed for lack of a second. ACTION: Councilmember Ramirez moved to approve option B. The motion failed for lack of a second. Councilmember Castaneda spoke in support of option C based on the fact that no outside funds would be spent and the item would come back in 30 days. He asked staff to look at options on how the City can protect the will of the voters by not allowing projects that may not be supported by the voters to move forward. Deputy Mayor Rindone supported option C and talked about the importance of floor area ratio and open space, a village core that is prosperous and well designed, involvement by the Redevelopment Advisory Committee and Chula Vista Redevelopment Corporation, and flexibility to enhance opportunities. Councilmember McCann spoke in support of option C, which would allow the Council and the community to become more informed. Councilmember Ramirez spoke in support of option B, stating that reports were sometimes used for political reasons, and he would hate to think that City staff and resources might be used in that way. ACTION: Mayor Cox moved to adopt Resolution No. 2007-092 and approve option C, with the report due to the City Council no later than May 15, 2007, the report to be prepared by staff including Planning, Community Development, the City Attorney's Office, and the report to include the impacts on the City's bayfront plan: RESOLUTION NO. 2007-092, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF AN INITIATIVE PETITION REGARDING ALLOW ABLE BUILDING HEIGHT LIMITS Deputy Mayor Rindone seconded the motion, and it carried 4-1 with Councilmember Ramirez voting no. At 8:41, Mayor Cox announced a brief recess, The meeting reconvened at 8:52 p.m. with all members present. OTHER BUSINESS 14. CITY MANAGER'S REPORTS Interim City Manager Thomson announced that a public meeting was scheduled for Wednesday, April 18,2007, at 6:00 pm in Council Chambers for further input on the Cumming Initiative. Additionally, a Council Budget Workshop was scheduled for April 19, 2007 at 6:00 pm in the Police Department Community Room. Page II - Council Minutes him:/ /www.chulavistaca.l:!OV lA-II April 17, 2007 OTHER BUSINESS (Continued) DRAFT 15. MAYOR'S REPORTS A. INDEPENDENT FINANCIAL REVIEW OF THE CITY OF CHULA VISTA BY CONSULTANT ECONOMIC & PLANNING SYSTEMS On February 6, 2007, the Council approved the selection of Economic & Planning Systems as the consultant to perform an independent financial review of the City. The financial report is being presented for review and discussion. (Independent Financial Review Council Subcommittee - Mayor Cox and Councilmember Castaneda) Walter Kieser, Managing Principal with Economic and Planning Systems Inc., presented the report. Deputy Mayor Rindone requested specific information in the final report regarding the City's funding obligation and whether the City would need to provide a comprehensive annual financial report. He also recommended the inclusion of an audit committee and a special summary analysis containing a short list of three to six major recommendations and three to six minor recommendations, a commentary on the major recommendations, and a review of those recommendations in six to eight months. Councilmember McCann talked about the need to take plans and studies and convert them into action items and accountability for getting the action done in the future. He expressed the need for a final report that would be quantifiable, with milestones to check on progressions. Councilmember Ramirez stated he would like to see the Council subcommittee come back with a to-do list of all prioritized recommendations from the consultant. Councilmember Castaneda stated the need for the Council to establish an official hierarchy of priorities for the City that would 1) look at measurable ways to analyze financial decisions, which begins with the budget and consistency with strategic plans between all departments; 2) provide policies on how to induce redevelopment; 3) look at re-aligning departments; 4) have firm statements and a policy with specific circumstances for bringing a mid-year budget amendment to the Council; 5) have a systematic update of the City's development fees; and 6) have a policy or analytical tool to assist the Council in measuring long-term impacts of memoranda of understanding with bargaining groups. Mayor Cox requested that the meeting be adjourned in memory of Army Spc. Curtis Spivey, a graduate of Hilltop High School, who died as a result of his injuries in Iraq. 16. COUNCIL COMMENTS Deputy Mayor Rindone congratulated Dr. Emerald Randolph on the 16th CAST graduation, noting that 247 members over the last 14 years have been trained as community volunteers to assist with community tragedies. Page 12 - Council Minutes htto:i Iwww.chulavistaca.\lOV I A -12. April 17,2007 DRAFT OTHER BUSINESS (Continued) Councilmember McCann concurred with the comments of Councilmember Rindone. He then requested that the meeting also be adjourned in memory of the victims of the Virginia Tech University shootings. Councilmember Ramirez acknowledged the work of the CAST volunteers and then reminded everyone of the public forum scheduled for April 18, 2007, at 6:00 p.m. in Council Chambers, to discuss the Cummings Initiative. CLOSED SESSION 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager ACTION: The Council appointed a new City Manager, David Garcia (5-0). 18. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PER GOVERNMENT CODE SECTION 54956.9(b) Four Cases Only one case was discussed, and no reportable action was taken. ADJOURNMENT At 1 :00 a.m., Mayor Cox adjourned the meeting in memory of the victims of the Virginia Tech University incident, and also in memory of Army Spc. Curtis Spivey, graduate of Hilltop High School, who died as a result of his injuries in Iraq. She adjourned the meeting to the adjourned regular meeting of April 19, 2007, at 6:00 p.m. in the 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. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 13 - Council Minutes him:l/www .chulavistaca. gOY / A- -/3 April!7,2007 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 19, 2007 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Police Department Community Room, 315 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:05 p.m.), McCann, Ramirez, Rindone (arrived at 6:12 p.m.), and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Assistant City Clerk Norris, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS Bob Thomas, Chula Vista business owner, talked about services his business provides that could result in savings of 10% to 30% for the City. Steven Pavka, Chula Vista resident, commented on alleged predatory towing companies within the City. 1. BUDGET WORKSHOP . Introduction Interim City Manager Thomson extended appreciation and compliments to City Staff involved in preparing the budget. He then provided an overview of the workshop agenda. . Fiscal Year 2006 - 2007 Budget Update Finance Director Kachadoorian provided an overview of general fund reserve projections as of June 30, 2007, and noted that the third quarter report would be brought before the Council in the near future. 1 f3-1 DRAFT BUDGET WORKSHOP (continued) . Fiscal Year 2007 - 2008 Budget Update Budget and Analysis Director Van Eenoo discussed the fmdings and recommendations to strengthen the City's financial condition contained in the independent financial review. He then provided information on the base budget gap; items included in the base budget; the base budget reductions; budget balancing criteria; actions taken to close the gap; the budget balancing plan by service area; the budget balancing plan, including the base budget adjustments; fiscal year 2007/2008 position reductions; fiscal year 2007/2008 position reductions by service area; and the proposed base budget reductions by department. Deputy Mayor Rindone stated that consideration needed to be given to alternative resources, such as the expansion of the auto park, which will also provide financial assistance. . Five-Year Revenue and Expenditure Forecast Report Update Finance Director Kachadoorian provided the preliminary five-year forecast of the projected deficit and surplus surmnary. She noted that the updated five-year forecast without the fiscal year 2008/2009 gap closed reflected expenditures rising but revenues falling, resulting in diminished reserves. However, with the gap closed, the reserves would drop but then rise again. She then presented a graph showing the historical and projected sales tax from 1989 through 2013, comparative sales tax growth by the City, and comparative sales tax growth by the County. . Budget Balancing Proposals Budget and Analysis Director Van Eenoo introduced the 19 proposed budget reductions totaling $3.9 million, beginning with the reduction in management level support positions in the City Manager, Community Development, Finance, Human Resources and Library departments, followed by anticipated service impacts. Councilmember Ramirez stated that the new City Manager should handle the downgrading of an Assistant City Manager position to an Economic Development Officer to allow for continued focus on high profile projects in a cost effective manner. Mayor Cox clarified her understanding that this was staff s recommendation for fiscal year 2007/2008 in order to provide a stronger presence during the next two to six months on the university park and bayfront projects, which need to keep moving forward. Deputy Mayor Rindone supported staffs recommendation, noting the time gap prior to the new City Manager coming on board, as well as the time period the new City Manager would need to make appropriate assessments. Director Van Eenoo then presented proposed reductions in non-management support positions in the Finance, General Services, ITS, Library Services, Human Resources, Fire, Office of Budget and Analysis and Planning and Building departments, including anticipated service impacts. Page 2 - Council Minutes htto:! / www.chulavistaca.Q:ov 113-2 April 19, 2007 DRAFT BUDGET WORKSHOP (continued) Councilmember Castaneda asked about the ability to streamline business license and other City services, to make them more user friendly and perhaps handle them over the City website. Finance Director Kachadoorian responded that the ability to use credit cards has been implemented as the start of the transition to website use for various account collections. Councilmember Ramirez encouraged General Services Director Griffin to explore ways to bring in volunteers to assist staff. Director Griffin addressed the volunteer programs already in effect at the facility, as well as the recently created 501(c)(3) organization called H.E.A.R.T., which assists in fundraising and volunteer opportunities. Deputy Fire Chief Geering presented the budget reduction proposals for 2007/2008 and their effects on the Fire Department. Budget and Analysis Director Van Eenoo presented the services and supplies reductions, touching on citywide cell phone use, and noted that staff was looking at the implementation of restrictions to reduce costs by 20% or $50,000. Councilmember Castaneda asked if staff was looking primarily at reductions in consumption of supplies and services or competitive contracts, noting that Mr. Thomas stated his firm could provide products and services to the City that would save 30% to 40%. He asked staff to provide an analysis to the Council. Mayor Cox inquired, and Finance Director Kachadoorian responded, that the City piggybacks on competitive city bid contracts throughout the state. Councilmember McCann asked about cell phone contracts. Director Kachadoorian responded that the City has a contract with Verizon, and the Police Department uses Nextel. Deputy Mayor Rindone asked staff to review the possibility of establishing a cap stipend for those who have City cell phones, along with a requirement that the phones be used only for City business. Budget and Analysis Director Van Eenoo provided anticipated service impacts based on the proposed services and supplies reductions. Councilmember Ramirez spoke regarding the need for discussion on performance measurements and analyses. Director Van Eenoo responded that in the past, the Office of Budget and Analysis led the budget process. The independent financial review consultant believed the City was on the right track with regard to developing strategic planning, and he spoke regarding the departments that have gone through the managing-for-results process. Mr. Van Eenoo also stated that additional work would be done to link resources to priorities, but without the assistance of outside consultants. Further, there are currently plans and a performance matrix that needs to be fit into the budget process. Page 3 - Council Minutes htto:/ /www.chulavistaca.Q:ov IB-3 April 19, 2007 DRAFT BUDGET WORKSHOP (continued) Councilmember McCann asked that staff do further analyses and provide information to the Council regarding cell phone contracts, noting that there is a highly competitive market. Director Van Eenoo then presented the proposed extension of the furlough program to include management and confidential staff, and possibly staff who belong to the Western Council of Engineers. Finance Director Kachadoorian introduced the Development Services proposed reductions of $849,000 and noted that the figures assumed that 1,200 building permits will be issued this year and 1,600 next year. Interim City Manager Thomson stated he believed the 1,600 number was too high, and he was looking at scaling it back, which would result in an increased deficit. Acting Assistant City Manager/City Engineer Tulloch stated that Development Services consisted of Planning and Building, Community Development and Engineering, whose efforts have resulted in millions of dollars in new sales and property taxes and thousands of new jobs over the past several years. He additionally noted that the majority of the staff costs were fully recoverable based on the fees charged. Planning and Building Director Sandoval provided an overview of development trends, noting that regionally, most planning and building departments recovered approximately 50% of their costs, whereas Chula Vista's Planning and Building department had recovered 90% and Engineering recovered approximately 80% due to being the fifth fastest growing city in the state. Acting Assistant City Manager/City Engineer Tulloch reviewed the anticipated impacts of the reduction in Development Services' positions and services and supplies budgets. Councilmember Castaneda expressed concerns with the elimination of neighborhood traffic cahning programs. Mr. Tulloch responded that they would be continued in a streamlined way, with staff identifying conditions that would lend themselves to traffic calming techniques, and with the engineers applying their learned techniques to solve the problems. With regard to the inability to expand the infrastructure asset management effort, Mr. Tulloch stated that staff was still committed to implementing the program, but it would take more time to implement than initially planned. Police Chief Emerson addressed the impacts ofthe proposed budget reductions on his department, noting that they would have to do more with less, and learn to say no occasionally. Mayor Cox called a brief recess at 8:16 p.m. She reconvened the meeting at 8:30 p.m., with all members present. Assistant City Manager/Library Director Palmer provided an overview of the impacts of the proposed reductions in service levels at the Civic Center and South Chula Vista Libraries, as well as the elimination of the Adult Literacy Program and reduced Cultural Arts staffing. Page 4 - Council Minutes htto:/ /www.chulavistaca.gov 1E3-lf April 19, 2007 DRAFT BUDGET WORKSHOP (continued) Deputy Mayor Rindone asked that a minimum of one library remain open during the holiday furlough and that staff look elsewhere for cost savings. With regard to the Adult Literacy program, he asked staffto continue to look at partnerships to site the program at the libraries. Councilmember Castaneda asked staff to report back on resources currently available in the community. Mr. Palmer responded that the Library staff has been diligent in looking at community resources, but many programs were fee-based, whereas the Adult Literacy program had been free. Recreation Director Martin provided a brief summary of the proposed reductions for recreation facilities and various operational changes. Public Works Operations Director Byers provided proposed reductions in park servIce maintenance levels, reduced street sweeping services, and reduced tree-trimming services. Councilmember Ramirez asked staff to review the agreements with the leagues that use City facilities, consider a potential fee increase, and perhaps create a partnership whereby the teams assist with routine maintenance such as trash pick-up and restroom clean-up. Mayor Cox spoke regarding reduced tree trimming services and the potential resulting increase in City liability. She assured the residents that if they saw a tree that needed trimming or was damaged, staff would continue to take immediate action. Budget and Analysis Director Van Eenoo introduced the new fee revenues proposed by various departments, potentially amounting to $536,000, and noted that the proposals would be brought to the Council by the individual departments for approval prior to the beginning of fiscal year 2007- 2008. Police Chief Emerson presented his department's proposed new revenues, increased alarm permit and penalty fees for third and fourth false alarms. Councilmember McCann asked that when the department brings the proposal back for Council approval, the report include comparisons of fees currently charged by other cities, if other cities are considering raising fees, and if so, to what. Councilmember Ramirez believed it would be appropriate to create a greater deterrent and increase the fee for a third false alarm to $100 and the fourth to $200, with perhaps greater sensitivity given to residential alarms. Budget and Analysis Director Van Eenoo presented the City Clerk's proposal for the implementation of passport services. Councilmember Castaneda expressed concern that implementation could take away from the provision of core municipal services, and he requested a report on what staff was required to do to process the documents. Councilmember Ramirez expressed concern about taking on a new service that had potential for complaints if something went wrong. Page 5 - Council Minutes http:// www.chulavistaca.gov /8-5 April 19, 2007 DRAFT BUDGET WORKSHOP (continued) Deputy Mayor Rindone expressed confidence in City Clerk Bigelow's staff and stated that if the Post Office could perform these services, he was sure City Clerk staff could, as well. Councilmember Ramirez expressed concern about possibly involving the library in the processing of passports. Interim City Manager Thomson responded that staff felt the provision of services at libraries on weekends would increase the library business. Fire Marshall Gipson provided an overview of various proposed fire permit fees, including fire safety engineering construction permits and fire code inspection operational permits. Assistant Director of Planning and BuildinglBuilding Official Remp provided an overview of proposed new fees for distressed property management and property profile reporting programs, noting that the latter would recover costs from those who created the problems. Councilmember Castaneda asked if the City required legal authority to implement such a program. Mr. Remp responded that staff would be returning to the Council with a proposal to create the necessary legal authority, and he assured the Council that this program had been implemented and legally tested in other cities. City Attorney Moore stated that she would work with the department to ensure that the City would not have legal exposure from implementing the program. Recreation Director Martin presented proposed increases in recreation fees, noting the inclusion of an increase in sports league fees and the contractual instructors' class fees. Councilmember Ramirez asked staff review setting limits on scholarships so as not to create a larger group that cannot afford the fees. Mayor Cox suggested that staff compare the fee structure everyone or two years against that of other cities, so as not to create the appearance of dramatic increases. Budget and Analysis Director Van Eenoo stated that staff was still looking for ways to fill the remaining $400,000 budget gap. He then provided an overview of other budget items, including the request for the addition of one Fire Prevention Engineer based on increased fee revenues; the addition in General Services of one staff position based on savings resulting from the elimination of the holiday lighting contract; and the anticipated mid-year appropriation of grant funds for additional Police staffing. He provided the next steps in the budget process, which included the finalization of the budget balancing recommendations between April 20 and 30; development of the proposed budget document between May I and 23, the submittal of the proposed budget to the Council on May 24, a presentation on the proposed budget to the Council in early June, and Council adoption of the budget on June 19. Councilmember McCann asked staff to look at using a baseline of 1,000 for permits in the future, continue to work on closing the $400,000 gap, make sure to recapitalize reserves by maintaining services but looking at how to continue to meet the 8% and getting some type of buffer, and to review the big picture. He then stated that what would drive the budget and keep the City financially healthy would be the large projects that would bring in revenue without having to raise taxes, such as the Bayfront project, the University, Auto Park, redevelopment and the Eastern Urban Center. Page 6 - Council Minutes htto:/ /www.chulavistaca.go\" / B-~ April 19, 2007 DRAFT BUDGET WORKSHOP (continued) Councilmember Ramirez referred to comments by the independent [mancial review consultant pertaining to reserves under Item C, section 4, stating that he would be interested in conversations with various departments on needs for specific programs. He encouraged staff to bring them forward. Deputy Mayor Rindone expressed his appreciation to staff for their diligence and briefings, noting that with all of the challenges, there was no other city with greater opportunity than Chula Vista for major projects that could positively change and benefit the City. He cited the Urban Core Specific Plan, Bayfront Plan, the expansion of the Auto Park, and the establishment of the Eastern Urban Center, which was actually like building a city. Additionally, Deputy Mayor Rindone stated that City staff needed to stay the course and make sure there was proper staffing to bring the large projects in. He thanked Interim City Manager Thomson for his leadership in looking how to make a difference in the quality of life for the City's residents. Norberto Salazar, Chula Vista resident, representing the Southwest Chula Vista Civic Association, stated that there were concerns in the communities in southwest Chula Vista, and he encouraged the Council to fund the maintenance and infrastructure needs, and reduce the backlog of infrastructure projects. Further, he believed that redevelopment in Chula Vista was in jeopardy, which meant staff needed to pay closer attention to the needs of and elevate the older communities. Mr. Scott, Chula Vista resident, stated he was happy the Council had settled on a new City Manager whom he hoped had negotiating skills. He then expressed his view that once the MOU was reached for the Police Department, its expenditures should have gone down and revenues up, but that was not so. Further, that he felt City employees made too much money, their salaries were not comparable to the military, and since the salaries were ample, employees should not be given high raises. Budget and Analysis Director Van Eenoo thanked the department heads and City staff for their budget proposals. 2. RESOLUTION NO. 2007-093, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO BRING FORWARD A ONE- YEAR BUDGET FOR COUNCIL CONSIDERATION BEGINNING FISCAL YEAR 2007-2008 Beginning with fiscal years 2001-2002 and 2002-2003, budget staff prepared a two-year budget for Council consideration. A biennial budget has served the City well over this time. However, there are several factors that make long-term revenue and expenditure projections difficult at this time. Therefore, it is recommended that the practice of preparing a two-year budget be suspended and that a one-year budget be prepared beginning with fiscal year 2007-2008. (Director of Budget and Analysis) ACTION: Deputy Mayor Rindone offered Resolution No. 2007-093, heading read, text waived. Councilmember McCann seconded the motion, and it carried 5-0. Page 7 - Council Minutes htto:/ !www.chulavistaca.gov /8-7 April 19, 2007 DRAFT CLOSED SESSION Mayor Cox announced that Closed Session would not be held, and no action was taken on the following items: 3. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Umepresented employee: City Manager ADJOURNMENT At 10:03 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of April 24, 2007 at 6:00 p.m. in the Council Chambers. Page 8 - Council Minutes haD:!.! www.chulavistaca.Q:QV /8-8 April 19, 2007