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Home My WebLink About2008/01/22 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 9, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: Councilmembers: Rindone (excused) ALSO PRESENT: City Manager Garcia, 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 . OATH OF OFFICE Johnny Flores, Ex-Officio - Youth Action Council City Clerk Bigelow administered the oath of office to Johnny Flores, and Councilmember McCann presented him with a certificate of appointment. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO MORGAN BLACK OF "I LOVE A CLEAN SAN DIEGO," PROCLAIMING SATURDAY, OCTOBER 6, 2007 AS THE FIFTH ANNUAL BEAUTIFY CHULA VISTA DAY Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Morgan Black and Pauline Martison. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TIM COLBY, PROCLAIMING OCTOBER 9, 2007 AS TIM COLBY DAY IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember McCann presented it to Tim Colby. CONSENT CALENDAR (Items 1 through 2) Councilmember McCann asked staff to correct the minutes of the Special Meetings of July 24, 2007, to reflect his absence as excused. 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of June 19, 2007, the Regular Meeting of July 10, 2007, the Adjourned Regular Meeting of July 11,2007, the Special Meeting of July 12,2007, the Adjourned Regular Meetings of July 17 and July 23,2007, and the Special Meetings of July 24, 2007. Staff recommendation: Council approve the minutes. I A - I DRAFT CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2007-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $329,999 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2007 EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND (4/5THS VOTE REQUIRED) The Police Department recently received notice of its fiscal year 2007 Edward Byrne Memorial discretionary grant award from the Bureau of Justice Assistance. The $329,999 award relates to a 12-month project called the Chula Vista Violent Crime Project. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staff's recommendations and offered the Consent Calendar, as amended to include the correction to the July 24 minutes, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Richard Roy, Chula Vista resident, submitted a copy of his e-mail to the Mayor's Office regarding concerns about gangs, violence, vandalism, and code violations in his neighborhood. He asked what the City was doing about the problems and for Council assistance in solving them. He then asked why the City was performing street repairs on Keamy Street, a low traffic street, while the more heavily traveled north and south streets remained full of potholes. Mayor Cox referred the matter to the City Manager's Office for a response. Dolores Dempsey, representing residents of 32 mobile home parks in Chula Vista, asked the Council to consider the position and needs of park residents prior to making decisions on rezoning any or all of the 32 parks to high-density land use. She stated that prior to any rezoning, park owners needed to pay fair market value and relocation costs for the low-income families. She asked the Council to maintain mobile home park zoning in the City. Mayor Cox referred the matter to the City Manager's Office for a response. Parks Pemberton spoke about the power plant and water supplies for the City. He suggested looking at a new power plant, a. desalination plant, and a fresh water source, and involving the Chamber of Commerce regarding these issues. Councilmember Castaneda mentioned a recent newspaper article regarding a fire at the South Bay power plant. He asked the City Manager to have the Fire Chief present a report to the Council regarding what occurred and the condition of the facility. Theresa Acerro, representing the Chula Vista Southwest Civic Association, expressed concerns about parking and traffic related to the proposed Bay Vista Walk project on Palomar Street and believed the project would provide an opportunity for community input and involvement in the southwest area. She further stated that residential was a poor use of redevelopment for an important gateway. Page 2 - Council Minutes J A- ~ October 9,2007 DRAFT PUBLIC HEARINGS 3. CONSIDERATION OF ADOPTION OF AN ORDINANCE ALLOWING TEMPORARy PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF- WAY AND A RESOLUTION AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE This item was the result of requests and inquiries from numerous individuals concerned about the ability of real estate agents, especially in newer Chuta Vista communities, to adequately advertise open houses, which has become increasingly important with the housing market situation, due to current restrictions in the Municipal Code. Adoption of the ordinance establishes a new chapter in Title 12 regulating the temporary placement of portable signs in the public rights-of-way, and establishes a fee in the master fee schedule to cover the cost of administering the program. (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. Mayor Cox stated that Items 3 and 4 would be combined and heard at one time. Code Enforcement Manager Leeper presented the report on the temporary placement of portable signs in designated portions of the public rights-of-way. Mayor Cox opened the public hearings for Items 3 and 4. Rich d' Ascoli, representing the Pacific Southwest Association of Realtors, supported the proposed ordinance and expressed the need to enact it as expediently as possible. Isabel Hall, representing McMillin Realty, supported the proposed ordinance, stating that she believed it would be embraced by many cities over the next few years. She also stated that the City currently has approximately 3,200 homes for sale, with approximately 200 pending, and that open houses were one vehicle to sell properties. The proposed ordinance would be an advantage for sellers, as well as for buyers, and time was of the essence in moving forward with the proposed ordinance. Patti McKelvey, representing McMillin Realty, stated that her experience with open house signage has been successful, and she urged the Council to enact the proposed ordinance as soon as possible. Mike Spethman supported the proposed ordinance, stating that anything the City could do to help citizens in dire straights due to the current housing market would be appreciated. There being no further members of the public who wished to speak, Mayor Cox closed the public hearings. Councilmember McCann suggested that once the proposed ordinance was enacted, that the staff create a pamphlet for permit applicants that would include both literature and photographic examples of the signage rules and regulations. With regard to the proposed signage fees, he suggested a flat fee of $25 per permit for up to five signs, which would keep the fees reasonable and have a positive affect on the smaller realtors who may not be able to sell as many homes. Staff member Leeper responded that there was no maximum number of permits that could be issued to an individual; the maximum of five was under the current ordinance. Councilmember Page 3 - Council Minutes ;11,3 October 9,2007 DRAFT PUBLIC HEARINGS (continued) McCann then suggested a $25 permit fee for up to five signs, and thereafter, $25 permit fee per sign. Councilmember Ramirez stated he did not believe the proposed permit fees would not be intrusive to small businesses. ACTION: Councilmember McCann moved to place the ordinance for Item 3A on first reading, adopt the Resolution for Item 3B as amended to change the fees to $25 up to five signs, and $25 per sign thereafter, and to place the ordinance for Item No.4 on first reading. Councilmember Castaneda seconded the motion for discussion. Councilmember Castaneda stated he was satisfied with the proposed ordinance, and would not support a reduction in the license fee. He stated that he would not be adverse to revisiting the matter in six months, but believed it was important to move forward with the proposed ordinance, provide staff with the necessary resources to adequately enforce the ordinance, and service the industry to provide them the response they are looking for. Councilmember McCann then withdrew his motion. Mayor Cox suggested that the City work towards the estimated $62,500 in potential revenue for the permit fee, and if after a year of assessment, if staff determined that this was not as efficient, then the matter would be reviewed and addressed. Councilmember McCann requested and Council concurred, to bifurcate Item No. 3A and 3B, and to take a separate vote on Item No.4. ACTION: A. ACTION: B. Councilmember McCann moved to place the following ordinance on first reading, heading read, text waived. ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY WITH A PERMIT (FIRST READING) Councilmember Castaneda seconded the motion and it carried 4-0, with Deputy Mayor Rindone absent. Councilmember Ramirez moved to adopt the following Resolution No. 2007-250, heading read, text waived: RESOLUTION NO. 2007-250, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE Councilmember Castaneda seconded the motion and it carried 3-1, with Councilmember McCann voting no, and with Deputy Mayor Rindone absent. Direction was given by Council to staff to review the permit fee during the next budget review cycle. / A-1 , Page 4 - Council Minutes October 9,2007 DRAFT PUBLIC HEARINGS (continued) 4. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 This item is being brought forward in conjunction with the proposal to establish a program to regulate the temporary placement of portable signs in the public rights-of- way. In order to facilitate the new program, amendments to Chula Vista Municipal Code Sections 19.60.060 and 19.60.600 must be put in place to avoid contradictions, and establish maximum height requirements for "for sale" signs in residential zones that reflect industry practice and standard. (Planning and Building Director) ACTION: Councilmember McCann moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 (FIRST READING) Councilmember Castaneda seconded the motion and it carried 4-0, with Deputy Mayor Rindone absent. OTHER BUSINESS 5. CITY MANAGER'S REPORTS City Manager Garcia informed the Council that the initial recommendations by staff on the City's budget reductions were completed. He stated that he had met with City department heads on the proposed reductions, and would be meeting the City Unions later in the week to review the details of the proposed reductions. He stated that a Council Workshop was scheduled for November 1, 2007 to discuss the proposed budget reductions. Furthermore, he would be meeting with the Growth Management Oversight Commission (GMOC) to provide comments to the Council in terms of potential impacts of the budget reductions on GMOC thresholds. 6. MAYOR'S REPORTS Mayor Cox stated that the Budget Subcommittee had met and would be offering recommendations at the November 1 sl workshop, with suggestions on the different ways to approach a 10 percent budget reduction in the Office of the Mayor and Council. Mayor Cox, speaking on behalf of Deputy Mayor Rindone, apologized for his absence at the meeting due to his attendance at the Metropolitan Transit System meeting, and she reported that he had attended and participated in the recent Beautify Chula Vista event. Mayor Cox congratulated staff for the success of the recent Go Green and Clean event that included the light bulb exchange program. Page 5 - Council Minutes jA- S October 9, 2007 DRAFT 7. COUNCIL COMMENTS Councilmember McCann recognized Environmental Services Program Manager France and staff, on the success of the Green and Clean event that offered the opportunity for citizens to recycle their old or unused electronic items and computers. He then spoke of the success of the recent Beautify Chula Vista event, and then announced that the City's Christmas in October event would be held on Saturday, October 13, 2007. Anyone interested in volunteering for the event may contact the Office of the Mayor and Council at 691-5044, or bye-mail at i mccannrWch ulavistaca.l!:ov. ADJOURNMENT At 7:27 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 16, 2007 at 6:00 p.m. in the Council Chambers. -- Lorraine Bennett, CMC, Deputy City Clerk Page 6 - Council Minutes )A-~ October 9, 2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 16, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCarm, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO KURT HONOLD, MAYOR OF TIJUANA, MEXICO, PROCLAIMING TUESDAY, OCTOBER 16,2007 AS MAYOR KURT HONOLD DAY IN THE CITY OF CHULA VISTA, CALIFORNIA Mayor Cox read the proclamation and Councilmember Ramirez presented it to outgoing Mayor Honold of Tijuana. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO LUIS GUTIERREZ OF THE NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA PROCLAIMING TUESDAY, OCTOBER 16, 2007 AS WHITE CANE & GUIDE DOG SAFETY DAY IN CHULA VISTA, CALIFORNIA Mr. Gutierrez was not present at the meeting. CONSENT CALENDAR (Items 1 through 6) Deputy Mayor Rindone stated he would be abstaining on Item 2, and requested Item 5 be pulled for discussion. Councilmember McCarm stated he would be voting no on Item 3 and Mayor Cox requested it be pulled. Ie, I DRAFT CONSENT CALENDAR (continued) 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of August 2, 2007, the Regular Meeting of August 7, 2007, the Adjourned Regular Meeting of August II, 2007, the Regular Meeting of August 14,2007, and the Adjourned Regular Meeting of August 16,2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION Memorandum from Deputy Mayor Rindone requesting an excused absence from the Regular Meeting of October 9, 2007. Staff recommendation: Council excuse the absence. 3. Item 3 was removed for discussion. 4. ORDINANCE NO. 3083, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 (SECOND READING) This ordinance is a companion item to the portable sign ordinance. Adoption of the ordinance amends Sections 19.60.060 and 19.60.600 of the Chula Vista Municipal Code to avoid contradictions, and establish maximum height requirements for "for sale" signs in residential zones that reflect industry practice and standard. This ordinance was first introduced on October 9, 2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 5. Item 5 was removed for discussion. 6. RESOLUTION NO. 2007-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE KAISER FOUNDATION HOSPITALS, SOUTHERN CALIFORNIA REGION COMMUNITY BENEFIT CHARITABLE CONTRIBUTIONS PROGRAM FOR THE IMPLEMENTATION OF A KAISER PERMANENTE CHULA VISTA KIDS (KP/CV KIDS) HEALTH PROMOTION PROGRAM, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Grant funding will provide all equipment, course materials, community outreach, coordination and logistical support for the implementation of one six-week session of the KP/CV KIDS health promotion program which helps to improve the way families eat and exercise. The program is designed for children age 5 to 12 years, and their family members and its goal is to promote healthy eating and increase physical activity through focus on family-based behavioral goals to affect changes in the family. (Recreation Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda htto:! /www.chulavistac3. !!OV 16'~ October 16,2007 DRAFT CONSENT CALENDAR (continued) ACTION: Councilmember Castaneda moved to approve staff recommendations and offered the balance of the Consent Calendar, headings read, texts waived. Councilmember Ramirez seconded the motion and it carried 5-0, except Item 2, which carried 4-0-1, with Deputy Mayor Rindone abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. ORDINANCE NO. 3082, ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY WITH A PERMIT (SECOND READING) Adoption of the ordinance establishes a new chapter in Title 12 regulating temporary placement of portable signs in the public rights-of-way, and establishes a fee in the master fee schedule to cover the cost of administering such a program. This ordinance was first introduced on October 9, 2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. Councilmember McCann stated he would be registering a no vote on this item. ACTION: Mayor Cox moved to approved staff recommendation and offered Ordinance No. 3082, heading read, text waived. Deputy Mayor Rindone seconded the motion and it carried 4-1 with Councilmember McCann voting no. 5. RESOLUTION NO. 2007-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE NORTH PONY LEAGUE IMPROVEMENTS AT EUCALYPTUS PARK (PR-286) PROJECT TO MERZ CONSTRUCTION, INC. Per Section 1009 of the City's Charter, the Engineering and General Services Director, in an effort to secure competitive prices from interested contractors, invited four contractors to submit informal bids for the construction of improvements to the North Pony League Field at Eucalyptus Park. The final date for submittal of informal bids was April 12, 2007, which was extended to May 9, 2007 due to a lack of responses to the original request for bids. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Deputy Mayor Rindone made inquiry regarding page 5-2 in the staff report, which referenced that the bid came in below the City estimate, and requested that in the future, staff include the City estimate in their reports. ACTION: Deputy Mayor Rindone moved to approve staff recommendation and offered Resolution No. 2007-251, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. Page 3 - Council Minutes htto:/ /www.chulavistaca. SlOV 1~''3 October 16, 2007 DRAFT PUBLIC COMMENTS Bob White Chula Vista resident and President of the Chula Vita Veterans Home Support , . Foundation advised the Mayor and Council that he had nommated them for the Veterans Allegiance Award for 2007-2008 Non-Profit Organization of the Year, based on their continued support of Veterans and Veterans activities within the County of San Diego. Mr. White also spoke in support of the retaining of all firefighters and fire stations in Chula Vista. Peter Watry, Chula Vista resident, thanked Councilmember McCann, Supervisor Cox, the Friends of the Library, and City staff, for their assistance in obtaining a Drop Hammer from Rohr Aircraft via the Goodrich Corporation for display in Memorial Park to represent the 20th Century in Chula Vista. Elroy Kihano, Chula Vista Sunbow resident, spoke in support of keeping the firefighters, fire station No.3, and the dispatchers during the City budget cuts, and requested Council not close any fire stations or shut down any first responders as part of the proposed City budget cuts. Steve Miller, San Diego resident representing the Chula Vista Firefighters, requested a review of the process taken to determine what core and essential services to the citizens of Chula Vista were. He stated that other public services such as the Nature Center, Library, and Recreation should not be saved at the behest of public safety, which each and every citizen could use one day. Robert Odom, Chula Vista resident representing the 55 homeowners living adjacent to Southwestern College, spoke regarding safety issues and destruction of quality of life in his neighborhood caused by the College opening up of a gate on the backside of their property into a cul-de-sac in their neighborhood, and requested Council assistance on the matter. Natalie Nelson, Chula Vista resident representing the 55 homeowners living adjacent to Southwestern College, spoke regarding safety concerns related to a gate that was opened on the back side of Southwestern College property that abuts the neighborhood, and stated the neighborhood had been notified by the college that they were going to use the gate as an exit temporarily, but it was being used round the clock for entrance and exit. Students were parking in the residential neighborhood, speeding, and blocking the fire hydrants. Ms. Nelson requested Council assistance in dealing with the College to solve this problem. Mayor Cox advised Mr. Odom and Ms. Nelson that the item was being referred to staff for follow-up, and Deputy Mayor Rindone assured Mr. Odom and Ms. Nelson that the City would follow up with the Southwestern Board of Trustees on behalf of all 55 residents, and impress upon the Board of Trustees, the importance of looking at the concerns and issues identified by the residents. Stephen Nelson, Chula Vista resident, spoke regarding the importance of emergency services not being effected by budget cuts and expressed his opinion that it was the Councils duty to cut 100% of non-emergency services. At 6:40 p.m. Mayor Cox recessed the Council Meeting to convene the Redevelopment Agency meeting. At 7:23 p.m. Mayor Cox reconvened the Council Meeting with all members present. Page 4 - Council Agenda httn:/ /www.chulavistaca.llOVá 1~-4 October 16, 2007 DRAFT ACTION ITEM 7. CONSIDERATION OF ADOPTION OF A RESOLUTION OF INTENT TO APPROVE AN AMENDMENT TO A CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE SECTION 20903 - TWO YEARS ADDITIONAL SERVICE CREDIT, FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS, POLICE AND FIRE, A RESOLUTION ADOPTING A MEDICAL INCENTIVE PROGRAM, AND FIRST READING OF AN ORDINANCE TO AUTHORIZE THE AMENDMENT TO THE CONTRACT Staff is recommending the City amend both Miscellaneous and Safety contracts between the Board of Administration of the California Public Employees' Retirement Board (CalPERS) and the City ofChula Vista to provide Section 20903 - Two Years Additional Service Credit, as well as approve a medical incentive program for eligible employees. (Human Resources Director) City Manager Garcia introduced the item, and Finance Director Kachadoorian, Budget and Analysis Director Van Eenoo, and Human Resources Director Raskin provided the staff report, and responded to questions of the Council. Councilmember Castaneda stated he did not conceptually oppose the item, but needed additional information and assurance that the numbers provided made sense before he could vote in favor. Deputy Mayor Rindone expressed concerns with the long-term impacts of short-term savings and stated he needed further clarification and discussion with staff prior to being able to support the item. ACTION: Mayor Cox moved adoption of the following Resolution Nos. 2007-253 and 2007-254, and to place the ordinance on first reading, headings read, text waived: RESOLUTION NO. 2007-253, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION 20903 (TWO YEARS ADDITIONAL SERVICE CREDIT) FOR LOCAL MISCELLANEOUS MEMBERS AND LOCAL SAFETY MEMBERS (POLICE AND FIRE) ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (FIRST READING) Page 5 - Council Minutes htlJl://www.chulavistaca.gov I 6~ 5 October] 6, 2007 DRAFT ACTION ITEM (continued) RESOLUTION NO. 2007-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE THE ADOPTION OF THE MEDICAL INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES WHO RETIRE UNDER THE TWO YEARS ADDITIONAL SERVICE CREDIT PROVISION Councilmember McCann seconded the motion, and it carried 3-2 with Councilmember Castaneda and Deputy Mayor Rindone voting no. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Garcia spoke regarding several recent articles concerning San Diego Gas & Electric, and advised the Council that staff was continuing to meet and work with SDG&E to develop a more comprehensive energy policy for the community that covered all of the key components, the Bayfront, undergrounding, base power sources and peaker power sources to provide for the City's energy future. Further, that staff would be making a formal presentation of this program to the City Council at a future meeting. 9. MAYOR'S REPORTS A. Consideration of designation of a voting delegate for the National League of Cities, 2007 Congress of Cities - Annual Business Meeting to be held Saturday, November 17,2007 in New Orleans, Louisiana. ACTION: Deputy Mayor Rindone moved the designation of Councilmember Castaneda as the voting delegate. Councilmember Ramirez seconded the motion and it carried 4-0-1 with Councilmember Castaneda abstaining. B. Ratification of the appointment of Neil S. Wright to the Commission on Aging. ACTION: Mayor Cox moved the ratification of Mr. Wright. Deputy Mayor Rindone seconded the motion, and it carried 5-0. C. Ratification of the appointment of Krisopher Austin to the Child Care Commission. ACTION: Mayor Cox moved the ratification of Mr. Austin. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Mayor Cox spoke regarding the successful Christmas in October event, thanked Dr. Randolph for her involvement, and stated she looked forward to an update on the homes that were renovated and the feelings of the families involved. Page 6 - Council Agenda httv:llwww.chulavistaca.gov October 16, 2007 1r6-(P DRAFT MAYOR'S REPORTS (continued) Mayor Cox stated that the Council Budget Subcommittee had met to discuss the 10% cost reduction proposed for the Department of the Mayor and Council, that an advanced copy of their report had been provided to the Councilmembers for their review, and that the report would be docketed for the October 23 City Council Meeting. 10. COUNCIL COMMENTS Councilmember Castaneda stated that he and Councilmember Ramirez had staged public comment meetings for October 17th at 6:00 p.m., at the Mangia Italiano Restaurant, 248 Third Avenue, and October 25th at 6:00 p.m., at Veterans Park, 785 East Palomar Street, to allow people to understand what the proposed budget cuts are, and ask questions and express their feelings and concerns about services in their neighborhoods. Councilmember McCann acknowledged Dr. Randolph and Patty Davis for starting the Christmas in October program and stated that he would be bringing in several homeowners that had their homes worked on to describe to the community what it meant to them. He then thanked the House Captains, Deputy Mayor Rindone for serving as the Honorary Chair, and the Chula Vista Kiwanis, Chula Vista Rotary, Navy Fleet Support Center, Goodrich Aerospace/Aerostructures, and Lowe's for their financial and material support. Deputy Mayor Rindone thanked Dr. Randolph and Councilmember Patty Davis, and spoke of the privilege of serving as Honorary Chair of Christmas in October. He additionally thanked the FRC North Island and Century 21 for serving and making a difference and thanked all community groups, house leaders, organizations and citizens that participated. CLOSED SESSION At 8:46 p.m., Mayor Cox convened to Closed Session. II. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) Two cases No reportable action was taken on this item. ADJOURNMENT At 9:07 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 23, 2007 at 6:00 p.m. in the Council Chambers. Page 7 - Council Minutes htto:/lwww .chulavistaca. 2:0V October 16, 2007 16-1 DRAFT MINUTES OF AN EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 23, 2007 6:00 P.M. An Emergency Meeting of the City Council of the City ofChula 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 6:09 p.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, Senior Assistant City Attorney Marshall, Fire Chief Perry, Police Chief Emerson, Communications Director Pursell, Planning and Building Director Sandoval, Recreation Director Martin, Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE ACTION ITEM 1. RESOLUTION NO. 2007-255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE PROCLAMATION OF LOCAL EMERGENCY ISSUED BY THE CITY DIRECTOR OF EMERGENCY SERVICES AND EXTENDING THE PROCLAMATION UNTIL OCTOBER 25, 2007 AT 1:00 P.M. The City Council determined that an emergency situation existed due to the vast local and regional fires and called an emergency meeting to consider adoption of the above resolution. Telephonic notice and fax or electronic notification was provided to all media outlets that had requested notice of any special meetings. This notice was provided more than one hour prior to the meeting, and the agenda was posted for the public more than one hour prior to the meeting. ACTION: Deputy Mayor Rindone offered Resolution No. 2007-255, heading read, text waived. Councilmember McCann seconded the motion, and it carried 4-0-1 with Councilmember Castaneda absent. OTHER BUSINESS 2. CITY MANAGER'S REPORT . Update regarding fires in Southern San Diego County. It-I DRAFT CITY MANAGER'S REPORT (continued) City Manager Garcia, assisted by Fire Chief Perry, Police Chief Emerson and Recreation Director Martin, provided an overview of the City's response to, and actions taken, due to the threat to the City posed by the Harris Potrero Fire, which began October 21, 2007 and had been at and around the perimeter of the City. At the time of the meeting, the fire had been contained and all City of Chula residents were being allowed to return home. City Manager Garcia thanked the efforts of all City employees, public safety and civilian, noting that Chula Vista responded one hundred percent with no support from outside agencies other than 2 helicopters, noting that there was a complete mobilization of municipal resources and the employees discharged their duties in a superior fashion. Mayor Cox stated that she did not think she had ever been prouder to be part of an association, such as the City of Chula Vista as she had been these past two days, and that words failed to express the gratitude that she and the members of the City Council had for showing the best in what we have in the community. She extended gratitude to not only the Chula Vista Fire and Police Departments, but all others involved and stated she wanted to make sure that people realized the incredible task it was to put everything together and have an evacuation center set up within 6 hours that provides sleeping bags, supplies, food, counseling and nursing services, an animal shelter with food and supplies for large and small animals, food for staff and employees as well as guests. She thanked Recreation Director Martin and his staff, Information Technology Services Director Vignapiano, Human Resources Director Raskin and Communications Director Pursell and her staff, and those employees at City Hall who made sure that people's questions were answered as quickly as possible. She recognized that the Departments of Public Works, General Services, Engineering, Planning, HR, Finance and the Library were in the background making sure things got done. Next, she read a list of those who assisted including, Chula Vista High School who at a moments notice agreed to accommodate up to 1,000 people, Sweetwater Union High School District, Chula Vista Elementary School District, Southwestern College who allowed us to use their facility as a Police command center, San Diego County Courts who were closed provided their Bailiffs to assist with our law enforcement; Chula Vista Kiwanis, South Bay Family YMCA, South Bay Community Services, Chula Vista Collaborative and San Ysidro Health Services helped take care of the people issues; and then there were contributions from Wal-Mart, Costco, Howard Light Industries, Neighborhood Market Association, Starbucks, South Bay Fish & Grill, Henry's Market, Hacienda del Patron, La Bella's Pizza Garden, Stella's on Third, Pat & Oscars, Jack in the Box, Brett Davis Nutrition; San Diego Gas & Electric bought food for the first evening at the evacuation center and Debbie Reed, Sempra Energy CEO, who had personally been evacuated called to assist and provided a marked truck to assist with gas and electric problems in neighborhoods. KOA, Sunnyside Saddle Club, Wigginton Ranch and Driving Range on Hollister Street allowed for the boarding of horses; Petco and PetSmart provided animal food and supplies; San Diego County Apartment Association surveyed their apartment owners to ask if any had apartments they could loan free of charge for those who are displaced from their homes; American Medical Response made sure our medical calls were attended to; the United States Navy flew in 300 cots on a single call; Community Congregational Church of Chula Vista; McMillan Companies made sure basic toiletry supplies were provided. CITY MANAGER'S REPORT (continued) Page 2 - Council Minutes htto:/ /www.cbulavistaca.lZQv Ie.. ;;). October 23, 2007 DRAFT Deputy Mayor Rindone thanked the Mayor for covering the wide range of support from the community and stated he had observed the Mayor's personal efforts noting she should add herself to the list. He then commended the coordination of the two chiefs and the City Manager, and their strategy to split the fire coverage into two areas. He spoke regarding the diligence, dedication and tenacity of staff in the overall planning/organization, and the individual's leadership that made a difference and saved our City without outside help. He also spoke regarding the tremendous volunteerism from individual citizens, businesses and organizations who asked what was needed and provided whatever was requested, as well as the coordinated effort with the Sweetwater Union High School District to set up the evacuation center and expand the use of their entire campus when needed. Lastly he stated that the effectiveness was the outcome, not a single structure was lost, nor anyone injured, and expressed accolades to all. Councilmember McCann stated he and his family were evacuated, and compared the experience to the Cedar Fire of 2003, noting that all Chula Vistans chipped in and helped and that the number of volunteers at the evacuation center exceeded the number of evacuees, which showed the level of support of the citizens for their City. He stated the evacuation center had been reviewed by several Red Cross individuals who said it was one of the best-run centers they had ever seen, and it had been set up without their assistance. Further, unlike 2003, the scene was not chaotic; people knew their roles and were where they were needed. It was well run, everyone worked together as a team, and the City showed they were prepared. Mayor Cox stated she was sure staff would take steps during to review the things they did well as well as areas for improvement, and that she would like to in:volve herself in and would welcome the assistance of Council, in the setting up an emergency fund for the City of Chula Vista, so should an emergency occur and the City not be able to count on the agencies that communities typically count on, they would have funds available to do what is necessary. She suggested that the upcoming Endow Chula Vista Campaign that the San Diego Foundation had invited them to join be considered as a vehicle for this. Councilmember Ramirez stated he visited the evacuation center and Emergency Operations Center, and witnessed everything his colleagues were referring to, noting that he was impressed with everyone's efforts and extended thanks to all. He then thanked Sweetwater Union High School District Superintendent Gandara and Chula Vista High School Principal Ohnesorgen for opening their facilities and providing people to assist. Councilmember Castaneda added his thanks to the men and women who stepped up and chipped in to help the City get through the situation, stating that he was proud to be a member of an organization made up of such professional men and women who take their job seriously and who had a true concern for the people of Chula Vista and their health and safety. He then thanked Mayor for putting him where he was qualified to help out, at the Animal Control Center, to assist with the care of the animals there and assist in making room for displaced animals, and stated that he supported the Mayor's suggestion for putting together a fund to be used in future emergencies. ADJOURNMENT Page 3 - Council Minutes http;//WWw.chulavistac/,gCi _ :3 October 23, 2007 DRAFT At 6:58 p.m. Mayor Cox adjourned the meeting to an Adjourned Regular Meeting, Thursday, November 1, 2007 at 4:00 p.m. in the Council Chambers. cJ(e<1 ~V~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 4 - Council Minutes httn:IIWWw.chulavistaca.giVc - '-f October 23,2007 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 1, 2007 4:00 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 Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann (arrived at 4:39 p.m.), Ramirez, Rindone, and Mayor Cox ABSENT: Counci1members: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS In accordance with the Meyers-Milias-Brown Act as contained in Government Code Sections 3500-3511, Council must designate representatives for labor negotiations. Adoption of the resolution complies with this requirement. (City Attorney) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox introduced the item and offered the resolution, heading read, text waived. Deputy Mayor Rindone seconded the motion, and it failed 2-2 with Councilmembers Castaneda and Ramirez voting no. City Attorney Moore suggested the item be trailed pending the arrival of Councilmember McCann. Councilmember Castaneda explained that he voted in opposition as he felt every possible cut should be reviewed prior to asking represented employees to return to the bargaining table. CLOSED SESSION Mayor Cox stated that Closed Session Item 2 would also be trailed pending the arrival of Councilmember McCann, and that Item 3 would be removed from the agenda and not discussed. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Agency designated representatives: David Garcia, David Palmer, Marcia Raskin, Sharon Marshall, Ed Van Eenoo, Maria Kachadoorian . Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups \-0'" I DRAFT CLOSED SESSION (continued) Item 3 was not discussed and no action was taken. 3. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) Two cases Mayor Cox requested Public Comments be heard at this time. PUBLIC COMMENTS Bob Thomas, a member of the Chula Vista Fire Department's Citizens Adversity Support Team (CAST), commended staff on the Chula Vista evacuation center they had established, stating that the community support was overwhelming. He then thanked and praised the Fire, Police and Parks and Recreation departments for their excellent leadership and expressed gratitude to everyone who pitched in and helped. Deputy Mayor Rindone commended Mr. Thomas for being a "role model", who was one of the first residents who arrived to assist in any way possible. Councilmember Castaneda also thanked Mr. Thomas, stating that he exemplified true spirit and core of community. He then thanked the many volunteers who came forward and did whatever needed to be done. Mayor Cox recessed the meeting at 4:20 p.m. Mayor Cox reconvened the meeting at 4:39 p.m. with all members present. Item I was heard at this time. 1. RESOLUTION NO. 2007-264, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS In accordance with the Meyers-Milias-Brown Act as contained in Government Code Sections 3500-3511, Council must designate representatives for labor negotiations. Adoption of the resolution complies with this requirement. (City Attorney) ACTION: Mayor Cox offered the resolution as amended to reflect the addition of Scott Tulloch as a designated member of the City's Management Team, heading read, text waived. Deputy Mayor Rindone seconded the motion, and it carried 3-2 with Councilmembers Castaneda and Ramirez voting no. Councilmember Castaneda stated he was not opposed to the resolution, but rather the sequencing of the items to be considered. Further that he and his staff, along with Councilmember Ramirez had come up with proposed cuts, which he wanted considered prior to voting on opening negotiations and going into Closed Session. Page 2 - Council Agenda fD-d November I, 2007 DRAFT CLOSED SESSION (continued) Mayor Cox convened Closed Session for Item 2 at 4:44 p.m. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Agency designated representatives: David Garcia, David Palmer, Marcia Raskin, Sharon Marshall, Ed Van Eenoo, Maria Kachadoorian . Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups ACTION: Council voted 4-1 with Councilmember Ramirez voting no, to appoint the City's Management Team for the purpose of meeting and conferring with the City's employee organizations. Mayor Cox reconvened the meeting at 5:26 p.m. with all members present. 4. BUDGET WORKSHOP Mayor Cox discussed the phasing of the budget workshop. City Manager Garcia provided a brief introduction. Finance Director Kachadoorian provided the fiscal status update and quarterly financial status report, and Budget and Analysis Director Van Eenoo provided an update on the development activity and recent revenue enhancements. City Manager Garcia next, provided the five elements of the proposed budget reduction plan and Assistant City Manager Tulloch summarized the major departmental reorganizations. Mayor Cox presented the Council Budget Subcommittee recommendations. Deputy Mayor Rindone reemphasized that the entire department should have at least a 10% cut, as articulated by the Mayor, along with at least a 10% cut in each of the 5 offices, the Councilmembers having the flexibility to determine what they would cut within their block budgets to total a minimum of$15,51O in each office. Councilmember Castaneda offered alternative recommendations. ACTION: Mayor Cox moved to approve the Budget Subcommittee recommendation that the Department of Mayor and City Council offer up $148,857 in a targeted reduction, and that each Councilmember make a 10% reduction. Councilmember Ramirez requested discussion. ACTION: Deputy Mayor Rindone seconded the motion for discussion. Page 3 - Council Minutes 1]),3 November 1, 2007 DRAFT BUDGET WORKSHOP (continued) Councilmember Castaneda recommended that each line item be reviewed, and noted that the Mayor had four times the budget of the other Councilmembers. He then provided a handout of the budget alternatives he had identified that amounted to a 13% reduction. Councilmember Ramirez expressed the need for equity in legislative resources, and spoke in support of Council member Castaneda's proposed reductions. Councilmember McCann agreed to take the 10% cut just like everybody else, and requested the details be debated later. Also, he stated he was interested in seeing what happened with the proposed retirement program and other cuts. ACTION: Councilmember McCann called for the question, which failed 2-3, with Councilmember Ramirez, Deputy Mayor Rindone, and Mayor Cox opposing. Deputy Mayor Rindone provided a historical perspective for his colleagues on the resources for the Mayor and Council offices, and restated the purpose of the Budget Subcommittee recommendation, was to establish a floor basis of a 10% cut tonight, which could be brought back for further cuts in the future. Mayor Cox agreed to the call for the question. Deputy Mayor Rindone called for the question. Councilmember Ramirez asked for clarification of the motion. Mayor Cox noted that the amount of $148,877 would be cut from the department of Mayor and City Council. Deputy Mayor Rindone added that the recommendation of the subcommittee was reflective of at least 10% within the Councilmember's departments. ACTION: The original motion carried 5-0. Mayor Cox offered the protocol for review of proposed budget cut Item Nos. 1 through 137. ACTION: Motion by Mayor Cox, seconded by Deputy Mayor Rindone, to remove Item 124 - Fire - Staffing for Urban Search and Rescue - close one fire station, from the cut list. The motion carried 5-0. The Council identified which items they would like to discuss. Mayor Cox called on the following members of the audience who had requested to speak: Terry Strauwald, Spring Valley resident and President of the Chula Vista Employee's Association stated he believed more vacancies could be added to the list before laying anyone off; he would be providing an updated list to the Council tomorrow; felt that positions which a lowered work level could be shifted to other positions; and requested more time to review the information with the Council to provide input into each item without the need to reopen the contracts. Mr. Strauwald also requested that the whole budget process be reviewed line item by line item to look at spending habits and avoid making the budget cuts on the backs of the employees. Page 4 - Council Agenda In-~ November I, 2007 DRAFT BUDGET WORKSHOP (continued) Richard Preuss, Spring Valley resident, representing the Chula Vista Employee Association and SEIU, stated that his organization had provided a reorganized list to meet the financial goals of the City without the need to layoff employees. Chuck Schrader, Chula Vista resident representing the Chula Vista Employees Association stated that the CVEA was the backbone of the City and the City should look for alternatives to laying off employees. Emerald Randolph, Jamul resident and member of the Fire Departments' Citizens Adversity Support Team, spoke in support of the police and fire departments and encouraged Council to not cut public safety. Bob Thomas, Chula Vista resident, encouraged the Council to increase the effectiveness of safety, be creative and look for additional revenues, as well as analyze the impacts on the citizens of Chula Vista and the additional workloads on remaining employees iflayoffs were to occur. Carmen Alvaraz, Chula Vista resident and Fire Department Dispatcher, spoke also for colleague Cristina Johnson, against proposed cutting the fire dispatch center. Debbie Nasta, San Diego resident, spoke in opposition to proposed cutting the fire communications center. Catherine Caloca, Chula Vista resident, stated that she was one of II people who would lose their jobs should the fire dispatch center be cut. Summer Noyes, Lemon Grove resident, spoke in opposition to the proposed cutting of the fire dispatch center. Floyd Wergeland, Jr., Bonita resident, spoke for Susan Fuller, Chair of the Chula Vista Nature Center, and stated their Board supported the budget recommendations with two exceptions. He then requested on behalf of the Board, that Director Beintema be allowed to review all current accounts in order to provide support to the staff and support fundraising capabilities, including possibly increasing the hours operations and increasing fees. He then requested Item Nos. 66, 73, and 112 be pulled for further discussion and review. Margarita Holguin, Chula Vista resident representing the Healthy Eating Active Community and Chula Vista Community Collaborative, spoke in opposition to the proposed cuts for the Parks and Recreation Department. Elizabeth Chopp, President of the Western Council of Engineers, stated that most of their departmental positions were not funded by the General Fund, and requested every option be looked at prior to laying off employees, including how many take the retirement incentive and other vacant positions. Page 5 - Council Minutes ID-5 November I, 2007 DRAFT BUDGET WORKSHOP (continued) Theresa Acerro and Jackie Lancaster, Chula Vista residents representing the Southwest Civic Association, requested Council follow more sustainable budget practices in the future; provided a handout with jobs/housing information; encouraged Council not to rely on development fees for ongoing maintenance; and to find alternative ways of doing things. Jose Preciado, Chula Vista resident and President of the South Bay Forum, requested Council reconsider outsourcing police and fire; review how the current proposed projects could have a negative impact on the general fund; conduct a study of the executive/senior staff compensation for consistency with the size and scale ofthe city; and consider all possible cuts. Devonna Almagro, Chula Vista resident, stated that this was an opportunity to exert leadership and come together for the greater Chula Vista, and encouraged the Council to work together and find solutions to allow Chula Vista to reach its potential. Kevin O'Neill, Chula Vista resident, thanked everyone for the work done on the reduction proposals, noting that Chula Vista was a City Manager form of Government and implored the Council to work with him for the community, giving him all the cooperation possible and lead by example. Jacob Regulado, San Diego resident representing the Chula Vista Employees Association and SEIU Local 221, rescinded his request to pull and discuss 100 items, stating he would be meeting individually with the Councilmembers over the next 10 days; expressed concerns with the process and the way the budget review was handled stating that the City Council needed a full review and analysis of each departments budget, and stated that his organization would be submitting a proposed budget document that would not include layoffs. Mayor Cox noted that the following people submitted speaker slips but did not speak: Doc Anderson, Chula Vista resident, opposed to proposed fire department cuts. Sharon Dizon, Chula Vista resident, opposed to proposed fire department cuts. Michael Nash, Chula Vista resident, representing Fire Local 2180, opposed to proposed fire department cuts. Stephen Nelson, Chula Vista resident, opposed to proposed fire department cuts. Christina Johnson, Ramona resident, opposed to proposed fire dispatch cuts. Rich Sherard, Chula Vista resident, opposed to proposed fire and police department cuts. Lucille Besch, Chula Vista resident, opposed to proposed fire and police department cuts. David DiDonato, Chula Vista resident, representing the Chula Vista Employees Association, opposed to proposed general budget cuts. Elroy Kihano, Chula Vista resident, opposed to proposed general budget cuts. DJ Barahura, Chula Vista resident, opposed to proposed general budget cuts. Herb Young, San Diego resident, representing the Nature Center Board of Trustees, opposed to proposed Nature Center budget cuts. Tanya Rovira-Osterwalder, Chula Vista resident, representing the Healthy Eating Active Communities, supported the proposed parks and recreation budget cuts. Page 6 - Council Agenda \ ])- lp November I, 2007 DRAFT BUDGET WORKSHOP (continued) Brian Kingston, Chula Vista resident, opposed to proposed budget cut No. 143. Council reviewed the items removed for discussion. Councilmember Castaneda, referring to a list of all employee positions, bargaining unit, salaries and vacancies, noted that 21 of the 84 vacant positions had been vacant in excess of one year. He then requested staff match those 21 positions against the proposed budget cuts to determine if any of the 21 were not on the proposed cut list, and evaluate them as to whether they really needed to be filled. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 7, 8, and 10 remaining on the cut list. ACTION: Concensus of the Council was for Item Nos. 1 through 10 to remain on the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 14 and 15 remaining on the cut list. ACTION: Concensus of the Council was for Item Nos. 11 through 20 to remain on the cut list. Item 29 - Councilmember Ramirez requested a review of the posItIon in the futIIre to eliminate the management position and have someone else in the organization provide jail supervision. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 26 and 30 remaining on the cut list. ACTION: Consensus of the Council was for Item Nos. 21 through 30 to remain on the cut list. Item 31 - Councilmember Castaneda stated that Council needed to move forward with clean energy programs. Conservation and Environmental Services Director Meacham stated that the cut would affect the relationships the City had developed over the years and requested the item be restored to the budget. Deputy Mayor Rindone stated he was the one who had introduced ICLEI (International Council for Local and Environmental Initiatives) to the City as well as the C02 reductions, and was the force behind the EP A awards, and felt amount was not going to negatively curtail the success of the City, and therefore the item could remain on the cut list. ACTION: Council voted 4-1 with Councilmember Castaneda opposed, to return Item 31 to the cut list. Page 7 - Council Minutes Ip-l November 1,2007 DRAFT BUDGET WORKSHOP (continued) Item 36 - Councilmember McCann and Deputy Mayor Rindone expressed opposition to cutting this item from the budget due to potential safety issues. ACTION: Council voted 4-1 with Councilmember Ramirez opposed, to remove Item 36 from the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 35, 38, 39 and 40 remaining on the cut list. ACTION: Consensus of the Council was for Item Nos. 31 through 35 and Items 37 through 40 to remain on the cut list, with Councilmember Castaneda opposing the return of Item No. 31 to the cut list, and Councilmember Ramirez opposing the removal of Item 36 from the cut list. Item 42 - Councilmember McCann requested that Item 42 be revisited after the early retirement results are known and would not support until then. ACTION: Council voted 4-1, with Councilmember McCann opposed, to return Item 42 to the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 41, 42, 44, 45, 46, 49 remaining on the cut list. ACTION: Consensus of the Council was for Item Nos. 41 through 50 to remain on the cut list, with Councilmember McCann opposing the return of Item No. 42 to the cut list at this time. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 52, 53, 54, 55, and 56 remaining on the cut list. ACTION: Consensus of the Council was for Item Nos. 51 through 60 to remain on the cut list. Item 66 - Nature Center Director Beintema, stated Chula Vista Nature Center Boardmember Wergeland, whom he believed had an issue with the reclassification of the position, had pulled the item and requested Director Beintema have further review of the budget to determine where the cuts could be made. Mayor Cox suggested Item No. 66 be removed from the cut list with Item Nos. 73 and 112 to remain, and requested the City Manager to work with Mr. Beintema to come up with the requested savings where he sees fit, a report to be provided to the Council indicating what cuts were substituted. ACTION: Consensus ofthe Council was for Item No. 66 to be removed from the cut list. Item 70 - Counclmember McCann stated he was opposed to the removal of Item No. 70 from the cut list due. Page 8 - Council Agenda I:D - l? November 1, 2007 DRAFT BUDGET WORKSHOP (continued) ACTION: Council voted 4-1, with Councilmember McCann opposing, to return Item 70 to the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 61, 62, 63, 64, 66, and 68 remaining on the cut list. ACTION: Consensus ofthe Council was for Item Nos. 61 through 65, and 67 through 70 to be returned to the cut list, with Councilmember McCann opposing the return of Item No. 70 to the cut list. Mayor Cox called for a brief recess at 9:54 p.m. Mayor Cox reconvened the meeting at 10:13 p.m. with all members present. Item 77 - Councilmember Castaneda stated he believed this to be a core service and he therefore would not support the cut. ACTION: Consensus ofthe Council was to remove Item 77 from the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 71, 73, 76, 77, 78, 79 and 80 remaining on the cut list. ACTION: Consensus of the Council was for Item Nos. 71 through 76, and 78 through 80 to remain on the cut list. Item 82 - Councilmember McCann stated he did not want to eliminate the position, but would support freezing it for the remainder of this fiscal year and consider filling it during the next fiscal year budget cycle. Item 83 - Councilmember Castaneda stated he could not support leaving Item No. 83 on the cut list as he felt it to be a core service. ACTION: Council voted 4-1 with Councilmember Castaneda opposing, to put Item 83 back on the cut list. Item 87 - Councilmember McCann stated he did not want to eliminate the position, but would support freezing it for the remainder of this fiscal year. ACTION: Council voted 4-1 with Councilmember McCann opposing, to put Item No. 87 back on the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 83 and 86 remaining on the cut list. Page 9 - Council Minutes \1) - C1 November 1, 2007 DRAFT BUDGET WORKSHOP (continued) ACTION: Consensus of the Council was for Item Nos. 81 through 90 to remain on the cut list, with Councilmember Castaneda opposing the return ofItem No. 83 to the cut list, and Councilmember McCann opposing the return of Item No. 87 to the cut list. Item 92 - Councilmember McCann requested staff work with corporate sponsors to find private funding to continue the program. Item 94 - Councilmember McCann stated he did not want to eliminate the position, but would support freezing it for the remainder ofthe fiscal year. Item 100- ACTION: Councilmember McCann requested the item be removed from the cut list. Council voted 4-1 with Councilmember McCann opposing, to put Item No. 100 back on the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 93 and 99 remaining on the cut list. ACTION: Consensus of the Council was for Item Nos. 91 through 100 to remain on the cut list, with Councilmember McCann opposing the return of Item No. 100 to the cut list. Item 110 - Deputy Mayor Rindone inquired and Fire Captain Ramirez responded, requesting that the Fire Department be allowed to continue their negotiations with Heartland and San Diego Fire and bring back proposals and recommendations for Council consideration. Mayor Cox suggested keeping the item off of the cut list to allow the department time to obtain figures from the other agencies and bring recommendations back to the City Council within 10 to 30 days. City Manager Garcia explained that the current system the City had was not state of the art and that he believed technologically superior systems were available for half of what the City currently pays by contracting out. ACTION: Consensus of the Council was to remove Item 110 from the cut list temporarily, with a full report and recommendation to be brought back to Council within 30 days. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 105, 106, and 107 remaining on the cut list. ACTION: Consensus of the Council was for Item Nos. 101 through 109 to remain on the cut list. Page 10 - Council Agenda \~'D - \ 0 November 1, 2007 DRAFT BUDGET WORKSHOP (continued) Item 113 - Councilmember McCann expressed concerns for the elimination of the position under Item No. 113 as he felt it to be a core position. ACTION: Council voted 4-1 with Councilmember McCann opposing, to put Item No. 113 back on the cut list. Item 114 - Councilmember McCann expressed concerns with the elimination of the position under Item No. 114 as he felt it to be a core position. ACTION: Council voted 4-1 with Councilmember McCann opposing, to put Item No. 114 back on the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item Nos. 117, 118, and 119 remaining on the cut list. ACTION: Council voted for Item Nos. 111 through 120 to remain on the cut list, with Councilmember McCann opposing Item Nos. 113 and 114. Item Nos. 122 and 134 - Deputy Mayor Rindone confirmed that the hours reduced at the two libraries, be different days and hours so that a Library is always open in the City. Item 129 - Councilmember McCann stated he did not want to eliminate the position, but would support freezing it for the remainder ofthis fiscal year. Mayor Cox noted that the Chula Vista Employees Association had registered concems with Item Nos. 121, 125, 126 and 127 remaining on the cut list, and that Councilmember Ramirez would be abstaining from participation on Item No. 122. ACTION: Consensus of the Council was for Item Nos. 121 through 123 and 125 through 130 to remain on the cut list, with Councilmember Ramirez abstaining from participation on Item No. 122. Item 132 - Deputy Mayor Rindone requested all but the Yuletide Parade funding under this item remain on the cut list, staff to pursue public donors for the other events. Councilmember McCann stated he felt all events should be treated equally. ACTION: Council voted 4-1 with Councilmember McCann opposing, to put all but the Yuletide Parade funding for Item 132 back on the cut list. Mayor Cox noted that the Chula Vista Employees Association had registered concerns with Item No. 133,135,136 and 137 remaining on the cut list. Page 11 - Council Minutes ACTION: Consensus of the Council was for Item Nos. 131-13 7 to remain on the cut list, with Councilmember McCann opposing the Yuletide Parade Funding being removed on Item No. 132. l1)-)' November 1, 2007 DRAFT BUDGET WORKSHOP (continued) Mayor Cox requested Budget and Analysis Director Van Eenoo provide revised copies to the Council in the morning for review. ADJOURNMENT At 12:38 a.m., Mayor Cox adjourned the meeting to the Regular Meeting of November 6, 2007 at 4:00 p.m. in the Council Chambers. Page 12 - Council Agenda \D-\~ November 1, 2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 6, 2007 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04 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: City Manager Garcia, 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 . INTRODUCTION BY NATURE CENTER DIRECTOR BEINTEMA, OF EMPLOYEE OF THE MONTH, TINA MATTHIAS, SENIOR OFFICE SPECIALIST Nature Center Director Beintema introduced employee of the month Tina Mathias. Mayor Cox read the proclamation and Councilmember Ramirez presented it to Tina. . INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS MANUEL SALAZAR, JESSICA SEVERANCE, ANDREA LONGORIA, AGUSTIN RODRIGUEZ, AND RESERVE OFFICER PAUL GElS Police Chief Emerson introduced the recently hired Police Officers and Reserve Officer Geis. . OATHS OF OFFICE Neil S. Wright, Commission on Aging Krisopher Austin, Child Care Commission City Clerk Bigelow administered the oath of office to Commissioners Wright and Austin, and Councilmember Castaneda presented them with certificates of appointment. . PRESENTATION BY MAYOR COX OF A PROCLAMATION PROCLAIMING WEDNESDAY, NOVEMBER 7, 2007 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Captain Wedge introduced the representatives of the Police Departments' Records and Support personnel. Mayor Cox read the proclamation and Councilmember McCann presented it to the group. \~-\ DRAFT SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY MAYOR COX OF PROCLAMATIONS COMMENDING CAPTAIN NANCY OWEN, USN (RETIRED), AS SAN DIEGO COUNTY'S 2007- 2008 VETERAN OF THE YEAR, AND NAVY LIEUTENANT BOBBY R. PRICE AS THE CITY OF CHULA VISTA'S 2007 VETERAN OF THE YEAR Mayor Cox displayed certificates from numerous regional agencies, commending and recognizing the City for its commitment to Veterans affairs, and Deputy Mayor Rindone spoke about honoring Veterans. Mayor Cox then read the proclamations and Deputy Mayor Rindone presented them to Captain Nancy Owen, USN, and Navy Lieutenant Bobby Price. · PRESENTATION BY SENIOR COMMUNITY DEVELOPMENT SPECIALIST DO OF DOWNTOWN PARKING DISTRICT MANAGEMENT STUDY Councilmember Castaneda stated he would be recusing himself from the item, due to property he owns in the Downtown Parking District, and left the Council Chambers. Senior Community Development Specialist Do gave a presentation on the Downtown Parking District Management Study. Councilmember Castaneda returned to the Council Chambers. CONSENT CALENDAR (Items I through 12) Mayor Cox announced that Item No.8 was removed from the Consent Calendar for discussion by members of the public. Deputy Mayor Rindone requested that Item Nos. 1,23,6 and 12 also be removed for comment and discussion. I. This item was removed for discussion. 2. This item was removed for discussion. 3. This item was removed for discussion. 4. RESOLUTION NO. 2007-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS WITHIN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2008-JY065N (CIP #GTSW08)" PROJECT TO MJC CONSTRUCTION IN THE AMOUNT OF $63,379, WAIVING COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On October 10,2007, the General Services Director received sealed bids for the project, which was included in the budget to remove and replace curbs, gutters, sidewalks, and driveways displaced by differential settling, tree roots, etcetera, on various City streets. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes \E-'d November 6, 2007 DRAFT CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2007-257, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, PORTIONS OF NEIGHBORHOODS MU-I AND R-19 On November 14, 2006, the City Council approved Final Map No. 15479 consisting of Otay Ranch Village II Neighborhoods MU-I and R-19. That Map resulted in one commercial lot (Lot 3), one mixed-use lot (Lot 2), one residential condominium lot (Lot I) and three lettered open space lots along Eastlake Parkway. Adoption of the resolution approves the Final Map for portions of neighborhoods MU-I and R-19, of Otay Ranch Village II, which will result in two condominium lots, although one lot will be used for affordable housing and rented for the foreseeable future. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. This item was removed for discussion. 7. RESOLUTION NO. 2007-258, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2006/2007 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved, there are circumstances which arise that could require adjustments to the approved budget. At the close of each fiscal year, the Finance Department reviews all departmental and fund budgets to ensure that the fund budget and the departmental summary budget categories (Personnel Services, Supplies and Services, Other Expenses and Capital) have not been exceeded. (Finance Director) Staff recommendation: Council adopt the resolution. 8. This item was removed for discussion. 9. RESOLUTION NO. 2007-260, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS MARKET FROM 2:00 P.M. TO 8:30 P.M. ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL AND W AlVING THE BUSINESS LICENSE FEE REQUIREMENT FOR VENDORS PARTICIPATING IN THE DOWNTOWN FARMERS MARKET Adoption of the resolution would provide a two-year extension, allowing the Downtown Farmers Market to continue in its current location until December 31, 2009, and waive the business license fee requirements for vendors participating in the Downtown Farmers Market. (Redevelopment Executive Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes \E-3 November 6, 2007 DRAFT CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2007-261, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE SAFE ROUTES TO SCHOOL PROGRAM FOR STATE FUNDS TO IMPROVE PEDESTRIAN FACILITIES AT CASTLE PARK ELEMENTARY SCHOOL, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS THEREFOR The pedestrian facilities serving Castle Park Elementary School students are in need of significant improvements. To improve the main school routes along Hilltop Drive and Oxford Street, and rninor streets within a quarter mile radius, an array of traffic calming and pedestrian facilities have been recommended to complement street and sidewalk work being done with Housing and Urban Development loan funds and at least one already approved assessment district. The City proposes to apply for State of California Grant funding from the Safe Routes to School Program to help fund the project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2007-262, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TERMINATING THE CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY JOINT POWERS AGREEMENT In 2006, the City Council approved the Joint Powers Agreement creating the California State Association of Counties Excess Insurance Authority, a statewide insurance pool and purchasing group. The requested resolution will dissolve the California Public Entities Insurance Authority that was made obsolete by the Excess Insurance Authority's creation. (Human Resources Director) Staff recommendation: Council adopt the resolution. 12. This item was removed for discussion. ACTION: Councilmember McCann moved to approve staff recommendations and offered the balance of the Consent Calendar, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of September 4, 2007, the Regular Meetings of September 11, 18 and 25, 2007, the Adjourned regular Meeting of October 2,'2007, and the Regular Meeting of October 2,2007. Staff recommendation: Council approve the minutes. Deputy Mayor Rindone stated that he would be abstaining from voting on the minutes of September 11, 2007 and September 18, 2007, as he was not present at the meetings, and requested a correction on the September 18, 2007 minutes to reflect an "excused" absence. Page 4 - Council Minutes \E-~ November 6, 2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Deputy Mayor Rindone moved to approve staff recommendation and offered Item No.1, heading read, text waived. Mayor Cox seconded the motion and it carried 5-0, except for the meetings of September 11, 2007 and September 18, 2007 which carried 4-0-1, with Deputy Mayor Rindone abstaining due to his absence from the meetings. 2. ORDINANCE NO. 3084, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (SECOND READING) Adoption of the ordinance amends both Miscellaneous and Safety contracts between the Board of Administration of the California Public Employees' Retirement Board (CalPERS) and the City of Chula Vista to provide Section 20903 - Two Years Additional Service Credit, as well as approve a medical incentive program for eligible employees. The ordinance was first introduced on October 16, 2007. (Human Resources Director) Staff recommendation: Council adopt the ordinance. 3. URGENCY ORDINANCE NO. 3085-A, URGENCY ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (4/5THS VOTE REQUIRED) Adoption of the ordinance amends both Miscellaneous and Safety contracts between the Board of Administration of the California Public employees' Retirement Board (CalPERS) and the City ofChula Vista to provide Section 20903 - Two Years Additional Service Credit, as well as approve a medical incentive program for eligible employees and would go into effect immediately upon adoption. (Human Resources Director) Staff recommendation: Council adopt the urgency ordinance. Deputy Mayor Rindone requested Item Nos. 2 and 3 be taken concurrently. He then stated that he initially had concerns regarding the proposed amendments, but after discussions with staff, it appeared that the proposed Two Years Additional Service Credit, and medical incentive program for eligible employees, would not be saddling the City with long term funding increases, and therefore he would be registering a vote in support of the items. Councilmember Castaneda stated that he too was initially opposed to the recommendations by staff on the items with respect to the fiscal impact, but based upon further information he had received, he would support the items. ACTION: Deputy Mayor Rindone moved to approve staff recommendations and offered Ordinance No. 3084 and Urgency Ordinance 3085-A, headings read, texts waived. Mayor Cox seconded the motion and it carried 5-0. Page 5 - Council Minutes \t:-S November 6, 2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 6. FISCAL YEAR 2006/2007 ANNUAL FINANCIAL STATUS REPORT This report is provided in order to meet the City Charter requirement of publishing the City's Combined Statement of Revenues, Expenditures and changes in Fund Equity in the local newspaper within 120 days of the close of the fiscal year. The statement was published in the October 26th issue of The Star-News, which is the City's adjudicated newspaper of general circulation. (Finance Director) Staff recommendation: Council accept the report. Deputy Mayor Rindone spoke with reference to the Comprehensive Annual Financial Report (CAFR), and questioned when staff would be providing the subject analysis and response to Council. Finance Director Kachadoorian responded that staff would be bringing forth a presentation in January 2008, that would include an analysis. Deputy Mayor Rindone requested that the CAFR include an analysis on the Fire Department overtime costs in order to mitigate those funding concerns. ACTION: Deputy Mayor Rindone moved to accept the report. Councilmember Castaneda seconded the motion and it carried 5-0. 8. RESOLUTION NO. 2007-259, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CALVARY CHRJSTIAN ACADEMY FOR THE ACADEMY'S USE OF COTTONWOOD PARK. FOR SCHOOL ACTIVITIES DURING THE TIME AND DAYS SCHOOL IS IN SESSION Calvary Christian Academy has requested use of Cottonwood Park to hold some of its physical education classes and sports practices during the current school year. In turn, the City has requested use of the Academy's parking lot as overflow parking from the Park during non-school hours. Both the Academy and the City have informally used each other's facilities for the last two years and adoption of the resolution, which approves a Memorandum of Understanding, will formalize this "unwritten agreement." (Public Works Director, Recreation Director) Staff recommendation: Council adopt the resolution. Parks and Recreation Director Martin provided an overview of the use of Cottonwood Park for school activities. Public Works Director Byers informed Council that City staff had been monitoring the park use, and reported no impacts on the condition of the turf. Wes Anderson, representing Calvary Christian Academy spoke in support of the proposed resolution, and thanked Council for their support of the agreement. Page 6 - Council Minutes \E'-Cp November 6, 2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Bill South, representing Calvary Christian Chapel, spoke in support of the proposed resolution and the benefits the agreement would provide to those citizens utilizing the park facilities. Wendy Berryhill, a Chula Vista resident, spoke in support of the proposed agreement and thanked the Council for their consideration ofthe proposed resolution. James Thomas spoke about complaints by a select few homeowners in the vicinity of Cottonwood Park who were complaining about the students of the Academy using the park for sports practices. He challenged those residents to show proof that use of the park by the students was a detriment to the surrounding area. He stated that the sports teams cleaned up after themselves, there were no loud boom boxes, and the Academy students presented themselves in a responsible manner. Mr. Thomas then spoke in support of the proposed resolution, stating it would be a blessing to the area and a positive influence to the community. Dan Sherwood expressed opposition to the use of the park by the Calvary Christian Academy stating that this was a slippery slope to eventual approval of the Calvary High School, which he believed much of the community was opposed to. He stated that based upon the current informal agreement between the City and the Academy, community members may utilize the Calvary Church for overflow parking, which was patently untrue, as there were tow signs at the entrance to the church parking with no indication of any authorization for public parking. Further, he felt that for one entity to get the perception of exclusive use of the park during the daytime through a memorandum of understanding was unfair. Parks and Recreation Director Martin responded that staff was working on verbiage for signage. Additionally, he stated that there was an ongoing understanding between the City and the Academy to permit access to the parking lot during specified daytime hours. Bill South, of Calvary Christian Chapel, responded to the concerns by Mr. Sherwood, stating that the purpose of the current signage was to provide the church the ability to remove those vehicles that may be parked abstractly and not utilizing the church or the park. He stated that Calvary Chapel and the City were working together to establish agreeable signage to limit liability between both parties. Councilmember Ramirez requested that modified signage for the church parking area be made abundantly clear to give the community full benefit of the parking lot. He also stated that wear and tear of the park needed to be monitored. Councilmember McCann stated he believed the proposed agreement would provide a win-win for all parties involved. He then recommended that staff work with the Academy to consider their participation in the City's Adopt a Park program. Deputy Mayor Rindone stated that the signage for the parking needed to be more reflective of what would be formalized, and requested a staff memorandum once this issue was decided. He then spoke of the need for set procedures for access to the park by the public, and asked staff about assurances on how public access would be maintained during daylight hours. Public Works Director Byers advised that any members of the public doubtful of their access to the park, should contact the City's Public Works Dispatch at 619/397-6000, and an employee would be immediately dispatched to the location. Page 7 - Council Minutes ;::: -'l '-- November 6,2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Deputy Mayor Rindone moved to approve the staff recommendation and adopt Resolution No. 2007-259 as amended to include verbiage on the signage for the parking lot to be more reflective of what would be formalized and a procedure be established for access to the park by the public. Councilmember McCann seconded the motion and it carried 5-0. 12. RESOLUTION NO. 2007-263, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND PAGEANTRY CORPS AND THE CHULA VISTA SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE 12TH ANNUAL BAND REVIEW AND AUTHORIZING TEMPORARY STREET CLOSURES AND WAIVING FEES FOR POLICE SERVICES The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula Vista School for the Creative and Performing Arts, is requesting permission to conduct an organized band review on Saturday, November 10,2007. (Police Chief) Staff recommendation: Council adopt the resolution. Deputy Mayor Rindone requested that staff notify the Chula Vista High School Band and Pageantry Corps that as a result of the recent proposed citywide budget adjustments, the City's financial contribution for next year's event would be cut. ACTION: Deputy Mayor Rindone moved to approve staff recommendation and offered Resolution No. 2007-263, heading read, text waived. Councilmember McCann seconded the motion and it carried 5-0. PUBLIC COMMENTS Bob White, Chula Vista resident, stated he was pleased to know that the City's Fire Department first responders would not be slated for cuts as part of the citywide budget reductions. He then congratulated the Council and thanked them for their support of Veterans and Veteran activities. As outgoing Veteran of the Year forthe City, he stated it was an honor to represent the City and County on various Veteran activities. Nick Aguilar, Chula Vista resident, spoke about the $308 Million dollars dedicated for infrastructure of the Gaylord Project, and expressed concern that $130 million dollars of the funding was slated for the Gaylord Conference Center that would be controlled by a private corporation in the best interests of Gaylord, not the City. Further, that he believed the tax increments generated by Gaylord would be utilized exclusively for Gaylord projects, to the exclusion of other needs in the redevelopment areas of the City, including schools, and he wished to raise the Council's awareness about his concerns. Mayor Cox responded that staff would be willing to set up an appointment to discuss the matter with Mr. Aguilar. Page 8 - Council Minutes ,..,.- o. l-- - 6, !-.- November 6, 2007 DRAFT PUBLIC COMMENTS (Continued) Annelise Cohon, representing "Best Buddies Organization", stated that their non-profit organization was dedicated to enhance the lives of people with intellectual disabilities, and that the organization currently had programs in three local high schools. She asked the Council for their support to further expand the mission of the organization, and offered the following contact information: www.bestbuddiescalifornia.org or www.bestbuddies.org. Erendira Abel, representing "A Women's Wellness Center", stated that the Center was a local non-profit organization offering support groups for cancer patients and their families, as well as fitness and health programs, and asked for support by the community of the wellness program. Sharon Floyd, representing "A Women's Wellness Center", stated she was pleased to discover all that the Center had to offer, including alternative holistic approaches to wellness that had not previously been offered in the community. She asked for the City's support of the Center. Cassandra Countryman, representing "A Woman's Wellness Center" asked for the Council's support of this much-needed facility in the South Bay, and spoke of the many beneficial resources offered by the Center. Mathew Kastrinsky, representing SEIU Local 221, Chula Vista Employees Association, asked the Council to have a full complete review of the City's budget for next year, and bring together City staff, employees and residents to look for true cost savings, and eliminate duplication of services and possible personnel cuts. He stated that the process needed to be transparent, and asked the Council to form a task force immediately to begin the process, and to have all involved in the process prior to next fiscal year. Item No. 13 was taken out of order and discussed prior to Item No. 12.1. ACTION ITEMS 13. CONSIDERATION OF AN ORDINANCE AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.52 REGARDING CAMPAIGN CONTRIBUTIONS On August 14, 2007, the City Council directed the City Attorney to return to Council with a report outlining the ambiguities with the existing Campaign Contribution Ordinance and recommend changes to clarify the existing ordinance. The City Attorney's Office presented their report on September 25, 2007. At that meeting, the City Council voted to approve several policy changes to the existing ordinance, and directed the City Attorney's Office to incorporate those changes into the existing ordinance and return with a revised ordinance for first reading. They also requested the City Attorney respond to several questions, and prepare a draft ordinance for first reading and present it to a reconstituted Campaign Contribution Ad Hoc Committee. The Ad Hoc Committee met in two noticed public meetings and has provided a report that is incorporated in this staff report for Council review. (City Attorney) Page 9 - Council Minutes l. u:::_O 1..- I November 6, 2007 DRAFT ACTION ITEMS (Continued) Deputy City Attorney Dawson informed the Council that as a result of the continuation of the item after its first reading on September 25, 2007, due to the fues, that should the Council approve the second reading of the proposed ordinance, its effective date would be December 13, 2007. She then gave a brief presentation on the following five policy directions of the Council at their meeting of September 25, 2007: I) Use "single election contest" as the benchmark to define campaign contribution limits; 2) remove the ability of candidates to suspend or lift the $300 contribution limit and the loan limit when opponent uses personal funds; 3) lower the loan limit from $20,000 to $5,000; 4) research specific provisions to make them consistent with the Political Reform Act; and 5) incorporate all other proposed clarifications set forth in the draft ordinance presented in the City Attorney report on September 25, 2007. Deputy City Attorney Dawson then responded to the following questions and direction given to staff by the Council, at the Council Meeting of September 25, 2007: I) Statute of Limitations - relation to criminal prosecution, one year (Penal Code and Municipal Code, OR four years (political Reform Act). She stated that with reference to page 13-84 of the staff report, the Council would need to make a determination on this. Related to Civil Actions, the Political Reform Act provides a four-year statute of limitations and related to Administrative Actions, the Political Reform Act provides for a five-year statute of limitations, with a tolling period for concealment. 2) Regarding Criminal and Civil intent provisions, the Political Reform Act uses "knowingly" or "willfully", and those provisions were incorporated on page 13-85 of the staff report to be consistent with the Political Reform Act. For civil or administrative actions, the Political Reform Act uses the language of "intentional" or "negligent", also incorporated into the proposed ordinance (page 13-85 of the staff report). Regarding page 13-86 of the staff report, Section 2.52.150 (D), Ms. Dawson stated that ifit were the intent of the Council to be consistent with the Political Reform Act, then staff would recommend to incorporate the language into the proposed ordinance. 3) With reference to the question by Council as to what period of time is allowed by the Political Reform Act for the return of prohibited contributions without violation, Ms. Dawson stated that the Political Reform Act does not set a specific period of time for the return of contributions, that contributions may be returned "at any time." However, there is a sixty-day window for return of unverified contributions. In order to remain consistent with the Political Reform Act, Ms. Dawson stated that staff had placed the sixty-day window in the provision, which was broader than what the current ordinance provides. Ms. Dawson then presented additional clarifying provisions as follows: I) Section 2.52.020 (C): Need to insert effective date: 30 days after second reading - December 13, 2007; 2) Section 2.52.030 (F): City Clerk requested a definition be added to clarify meaning of "same City Elective Office"; 3) Section 2.52.030 (M): Added Political Reform Act as defined term; 4) Section 2.52.050 (A): Council request for additional clarification to make clear that personal Page 10 - Council Minutes \ E~ \0 November 6, 2007 DRAFT ACTION ITEMS (Continued) loans are personal funds "with the intent to receive repayment of those funds"; 5) Section 2.52.060(A): Grammaticai clarification added to be clear that notice must be provided prior to expenditure or contribution of personal funds; 6) Section 2.52.060 (A): Notice provision was clarified based on Council direction, that once a candidate contributes $5,000 per single election contest, all additional contribution above that threshold must be noticed. Mr. John Reiss, representing the Ad Hoc Committee for the Campaign Contribution Ordinance, briefly summarized some of the points discussed by the committee. Mayor Cox spoke with reference to Section 2.52.080 (B) 1., recommending for clarification, that the line be continued, to read: "... to repay contributions including loans to oneself, up to a maximum of $5,000". Councilmember Ramirez spoke in support of the proposed amendments with the exception of the standard of the term "negligently", as referenced on page 13-85 of the staff report, and requested it be removed. Deputy Mayor Rindone spoke with reference to page 13-69 of the staff report, a memorandum from Ad Hoc Committee member Michael German, Section II, Item 1, recommending in addition to review of the proposed ordinance, a separate Campaign Advice Section within the Clerk's Office be established, and publication of an enhanced Candidates' Information Handbook. Deputy Mayor Rindone requested that the recommendation be brought back in concept at the second reading of the proposed ordinance. Furthermore, that staff also bring back at the second reading of the ordinance, some place to provide information to the candidates about appeal rights. Mayor Cox referenced the following substantive changes in the proposed Ordinance for consideration and discussion by Council: Page 13-74, reference to the 60-day grace period; page 13-76, reference to the definition of the Political Reform Act; page 13-78, insert under loans, " with the intent to receive payment of those funds"; page 13-80, extension of to repay contributions to include "including loans to oneself up to a maximum of $5,000"; and page 13- 84, a decision by Council whether or not criminal prosecution for violations of this chapter must be commenced within one year or four years. Regarding criminal prosecution for violations, it was the consensus of the Council that the item read as follows: criminal prosecution for violations of this chapter must be commenced within one year after the date on which the violation occurred." Michael German, representing the Ad Hoc Committee on Campaign Contribution Ordinance, stated he would be willing to serve on the handbook drafting committee. He then gave his comments on points discussed by the committee. It was the consensus of the Council to approve the proposed ordinance changes up to Section 2.52.150, and the definitions of "knowingly", "willfully", "intentionally", and "negligently". It was the consensus of the Council to maintain the "negligently" standard as referenced on page 13-85 of the staffreport, Section 2.52.150, Penalties. Page II - Council Minutes - \ \ November 6, 2007 DRAFT ACTION ITEMS (Continued) ACTION: Mayor Cox moved to place the Ordinance on first reading, heading read, text waived, as amended to provide one year for criminal prosecution for violations of the chapter; and to direct staff to present concepts at the time of second reading, on how to provide candidates with a question/answer handbook, a forum to receive answers to their questions, and an explanation of any appeal rights. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE REGARDING CAMPAIGN CONTRIBUTIONS (FIRST READING) Councilmember Castaneda seconded the motion and it carried 5-0. At 6:40 p.m., Mayor Cox announced a brief meeting recess. The meeting reconvened at 7:06 p.m. with all members present. Item 12.1 was addressed at this time. CONTINUATION OF BUDGET WORKSHOP 12.1 Review of Proposed Budget Reduction Plan a. Consideration of Budget Proposals 138 through 195 Staff recommendation: Council discuss the proposals and provide direction to staff. City Manager Garcia provided a recap of the ongoing proposed citywide budget reductions. Councilmember Castaneda announced that he would be abstaining from voting on budget line item numbers 158, 190, and 194, since the items involved potential budget amendments and were located within 500 feet of his residence. Michael O'Connor, representing Local 2211CVEA, presented a recommended proposal to the Council for consideration, which he believed would address the citywide budget issues for the current fiscal year. Richard Preuss, representing CVEAlSEIU spoke regarding their proposal, stating that the focus was to ensure provision of services with quality employees to the City, while still meeting the budget shortfalls. Terry Strauwald, representing CVEA, asked the Council to study the CVEA report in order to solve the budget problems short-term, and then come back prior to the next budget cycle, to further study each line item and seek solutions jointly. Patti McKelvey, representing McMillin Realty, spoke in support of removal of Item No. 143 (Special Events Planner) from the cut list. Page 12 - Council Minutes 1...-" ..,~,.. \.'~ i November 6, 2007 DRAFT CONTINUATION OF BUDGET WORKSHOP (Continued) Joaquin Zuniga, a City employee with the Wastewater Division, stated that although the division was currently short-staffed, the employees continued to work hard to accommodate the needs of the City. He expressed concern about speculation that the proposed budget cuts would include elimination of the employees' cost ofliving increases for next year. Ken Thiltgen, representing CVEA requested that recognition be given to the many Public Works employees who worked behind the scenes during the recent fires by providing essential support to safety personnel and other services. He then suggested that it would be prudent for the Council to review the proposed CVEA proposal. Charles Schrader, City Custodian representing CVEA asked the Council to consider placing less emphasis on the City's spending, and look to seek ways to increase revenues, bring down home foreclosures, and encourage relocation of people to the City. He stated that Council should be thinking outside the box and not making cuts that would affect personnel cuts. Raoul Carrillo, one of two Painters for the City's Construction and Repair Division, stated that they perform their jobs with care, professionalism and pride. He stated that he could not understand how the only two Painter positions in the City could be slated for elimination, and he asked the Council for their consideration on the matter. The City Council then resumed discussions on the remaining proposals still to be considered in the Citywide Budget Reduction Plan. The City Council concurred to remove the following items from the Fiscal Year 2007/2008 Budget Reduction Plan as listed by rank number: 141 - One Painter 143 - Special Events Planner 146 - Police Agent, Property Crimes 148 - Police Agent, Property Crimes 151 - Two Gardener 1111, Parks Supervisor, and related equipment 152 - One Street Maintenance Crew, and associated equipment 153 - Police Department Public Information Officer 155 - One Tree Trimmer 158 - Closure of Veterans, Parkway, Otay and Montevalle Centers, as well as the Parkway Gym on Sundays At 9:04 p.m., Mayor Cox announced a recess of the Council Meeting. The meeting reconvened at 9:21 p.m. with all members present. At this time, City Manager Garcia informed the Council that the proposed budget cuts recommended by the Council to this point, would be sufficient to balance the current budget should it be the desire of the Council to cease further proposed recommended budget reductions. ACTION: Councilmember McCann moved to cease further discussions of the budget reductions, and to direct the City Manager to move forward and balance the budget. Deputy Mayor Rindone seconded the motion and it carried 3-2, with Councilmembers Castaneda and Ramirez voting no. Page 13 - Council Minutes r- 1:,'"- ,-- ':/ \::;. November 6, 2007 DRAFT OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MAYOR'S REPORTS A. Ratification of the appointment of Tom Money - Local Business Owner - for his knowledge of and Perspective with local history to the member position of Historian, on the Historic Preservation Advisory Committee. B. Ratification of the appointment of Paul Johnson - Architect - for his historic architectural experience to the member position of Architect, on the Historic Preservation Advisory Committee. ACTION: Mayor Cox moved to approve the appointment of Tom Money and Paul Johnson on the Historical Preservation Advisory Committee. Deputy Mayor Rindone seconded the motion and it carried 5-0. 16. COUNCIL COMMENTS Councilmember McCann spoke with reference to Item 12.1, stating he supported many of the celebrations that take place in the City, and was hopeful that staff would work with the agencies and the private sector to seek alternative funding methods to continue the events. A. COUNCILMEMBER MCCANN Scripps Hospital Expansion Councilmember McCann requested the understanding by the City Manager and staff, that when Scripps comes to the City with their expansion plans, it be a top priority, noting that the planned expansion would ultimately provide revitalization to the area, and additional jobs and revenue to the City. Deputy Mayor Rindone spoke about his Onion A ward to the City for the loss of construction of a Home Depot facility on Moss and Third A venue, which he felt would have cleaned up the neighborhood and provided a positive service, particularly to the Southwest portion of the City. Deputy Mayor Rindone then spoke about his two Orchid Awards to the Citizens Adversity Support Team (CAST), and the Beautification Awards. He talked about his attendance at the recent CAST banquet and the critical services provided by its members, which included personal counseling and support to citizens in times of need during emergency situations. He congratulated the organization on its 14 years of service to the citizens of Chula Vista. He then congratulated the City for its Beautification A wards that honor various categories in the community, and he congratulated the Otay Ranch Town Center for their award in the commercial division. He also thanked City staff, local organizations, and the citizens for their participation in the Beautification awards event. Page 14 - Council Minutes - !.<' - \1- November 6, 2007 \, '-- DRAFT COUNCIL COMMENTS (Continued) Councilmember McCann stated that he also attended the CAST banquet and Beautification Awards, and concurred with the comments by Deputy Mayor Rindone. Councilmember McCann recognized Director of Conservation and Environmental Services Meacham on the recent Solar Tour event. He stated that Chula Vista had always been a leader on environmental issues, and that he would be showcasing his home on the upcoming solar tour, exhibiting the benefits of solar panels. The Council adjourned to Closed Session at 9:44 p.m. CLOSED SESSION Closed session was cancelled and the following items were not discussed: 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Agency designated representatives: Management Team . Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups 18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . Three cases 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Christian Morales v. City ofChula Vista. et al. United States District Court, Case No. 07CV0186JM (WMc); Concerned Citizens ofChula Vista Y. Kimco Realty. et al. San Diego Superior Court Case No. GIC 862773; Jack Gechter v. City ofChula Vist!!, San Diego Superior Court Case No. GIS22609 ADJOURNMENT At 9:45 p.m., Mayor Cox adjourned the meeting to the Regular Meeting ofNoyember 13, 2007 at 6:00 p.m. in the Council Chambers. --:::::': ----- orraine Bennett, CMC, Deputy City Clerk Page 15 - Council Minutes i I--\S '""~ November 6, 2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 13, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 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: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items 1 through 6) 1. -WRITTEN COMMUNICATIONS Letter of resignation from Manny Ramirez, member of the International Friendship Commission effective November 16,2007. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. Mr. Ramirez thanked the Council for its appointment of him to the International Friendship Commission as well as those who he had worked closely with over the years. He stated he was moving to Cebu City, one ofChula Vista's Sister Cities, for two years and welcomed the Council to come visit him there. Councilmembers McCann and Ramirez thanked him for his years of service as the "official Chula Vista photographer" at civic events and for his volunteerism in many community activities. 2. ORDINANCE NO. 3086 - ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE REGARDING CAMPAIGN CONTRIBUTIONS (SECOND READING AND ADOPTION) Adoption of the ordinance incorporates changes requested by the Council, which include revisions to correct prior ambiguities and clarify the intent of the ordinance. The ordinance was first introduced on November 6, 2007. (City Attorney) Staff recommendation: Council adopt the ordinance. I f- I DRAFT CONSENT CALENDAR (continued) 3. RESOLUTION NO. 2007-265 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE (LB-139) CIVIC CENTER LIBRARY FLOORING IMPROVEMENTS PROJECT TO VILLAGE CARPETS Adoption of the resolution accepts the informal bids and awards a contract for the Civic Center Library improvements to Village Carpets. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2007-266 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR OTAY PARK RECREATION CENTER EXPANSION (CIP NO. PR-277) AND DIRECTING STAFF TO RE- ADVERTISE THE PROJECT On August 22, 2007, the Engineering and General Services Director received six (6) sealed bids for the project. Due to the contractors being non-responsive and with advise from the City Attorney's Office, staff recommends all bids be rejected and the project be re-advertised for new bids. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2007-267 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "TRAFFIC CALMING IMPROVEMENTS NAPLES STREET BY HARBORSIDE ELEMENTARY SCHOOL (TF-347)" PROJECT TO LEKOS ELECTRIC, INC. IN THE AMOUNT OF $80,640, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On September 26,2007, the City Engineer received sealed bids for the project. The work proposed, aims to improve pedestrian safety at the mid-block crossing in front of Harborside Elementary and at the trolley track crossing west of the school, as well as slow down traffic traveling along Naples Street. (Engineering and General Services Director). Staff recommendation: Council adopt the resolution. 6.A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.06, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES, TO THE CHULA VISTA MUNICIPAL CODE (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION (FIRST READING) Page 2 - Council Minutes \ \=~ d November 13, 2007 DRAFT CONSENT CALENDAR (continued) C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2007 EDITION (FIRST READING) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION (FIRST READING) E. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION (FIRST READING) F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2007 EDITION (FIRST READING) G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION (FIRST READING) The State mandated local jurisdictions to start enforcing the various 2007 Editions of the California building codes on January 1, 2008. Local adoption is a routine action taken by the City to incorporate local amendments. The ordinances adopt the various 2007 Editions of theCalifomia building codes, their administrative provisions and local amendments. (Planning and Building Director) Staff recommendation: Council hold first reading of the ordinances. ACTION: Deputy Mayor Rindone moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Emerald Randolph, Director of CAST, the Chula Vista Fire Department's Citizens' Adversity Support Team, stated she and her volunteers had workt(d very closely with Chief Perry over the years and that he was one of the most genuine people she has ever worked for. She further stated that the CAST team had "CAST" a vote of support for the Chief, for all of the great things he had done for the City. Page 3 - Council Minutes \F-3 November 13,2007 DRAFT PUBLIC HEARINGS Mayor Cox stated that Public Hearing Item 7 had been cancelled. 7. CONSIDERATION OF BAYVISTA (COMMERCIAL/RESIDENTIAL) PROJECT WALK MIXED-USE Olson Urban Housing, LLC (Applicant) has submitted applications requesting a zone change, precise plan, conditional use permit, design review, and a tentative map for development of a mixed-use project with 154 residential units and 5,000 to 10,000 square feet of commercial uses on a 4.89-acre site located at 765-795 Palomar Street, between Industrial Boulevard and Frontage Road in Southwest Chula Vista. The site has been vacant for several years and was used as a temporary site for the sale of pumpkins and Christmas Trees. (Planning and Building Director) Staff recommendation: Council cancel the public hearing. ACTION ITEMS Councilmember Castaneda stated that his residence was within the study area and he therefore would recuse himself from participation on the matter. He then left the Council Chambers. 8. CONSIDERATION OF ACCEPTANCE AND APPROVAL OF THE DOWNTOWN PARKING STUDY FINAL REPORT AND INTERIM ACTION PLAN AND ESTABLISHING NEW PARKING METER RATES AND AN OVERTIME PARKING FINE RATE Staff will present the significant findings and recommendations for improvements to the Downtown Parking District and the proposed Parking District Interim Action Plan. (Redevelopment Agency Executive Director) Senior Community Development Specialist Do presented the staff report and responded to questions from the Council. Mayor Cox confirmed that the proposed increases would be put into the parking fund in order to make the necessary repairs and equipment upgrades, and that the proposed parking plan had the support of the business community. She then expressed her only concern being with Item 11 of the Interim Action Plan pertaining to exclusive negotiating agreements, and whether or not the turning of a public parking lot into a community or residential development made sense. She then stated she was prepared to support a motion if Item 11 truly meant maintaining Lots 3 and 6 as public parking. Deputy Mayor Rindone requested and received clarification that the recently increased parking fees in San Diego were significantly higher than what was being proposed for Chula Vista; that the new meter technology being looked at would include the accommodation of credit cards, coins and smart cards in parking lots, and coins and perhaps smart cards in other areas; and that the recent expansion of LaBella's allowed for an in-lieu fee that was currently being negotiated. Deputy Mayor Rindone requested a report back on the LaBella's in-lieu fee within 45 days. He also requested staff review the potential for the removal of parking meters as an option, along with escalating fines for repeat offenders, and inclusion of the Property Based Improvement District (PBID). Page 4 . Council Minutes IF-4- November 13,2007 DRAFT ACTION ITEMS (continued) Councilmember Ramirez requested consideration by his colleagues of language in the ordinance that would that would make the parking district self-sufficient; and requested and received clarification that the revenue generated in the district would be spent within the district; that staff would be reviewing the possibility of metering the Park Plaza parking structure, and taking a proactive approach in the neighborhoods who may be impacted by overflow parking, to make them aware that they have an opportunity to request residential parking permits. Mayor Cox inquired and Senior Conununity Development Specialist Do responded, that the Third A venue Village Association had appointed block captains to work with staff on ways to implement the parking strategy, which would include encouraging employees to park in other locations including the Park Plaza parking structure, and confirmed that the success of funding the plans and improvements to parking lots and meters was dependent on implementation of the fees reconunended. Mayor Cox then suggested that the fifth whereas in the ordinance be amended to include "and to approach economic self sufficiency within the downtown district" would get close to what Councilmember Ramirez was suggesting. Deputy City Attorney Miller stated the proposed additional wording would be sufficient to accomplish what Councilmember Ramirez was requesting. Councilmember McCann inquired as to whether the revenues generated by the parking district could be used for other things. Deputy City Attorney Miller stated that in-lieu fees would be restricted and could only be spent for the purpose for which they were collected. City Attorney Moore stated she would have to research the use of other fees collected and what they could be used for. Councilmember McCann then inquired and Senior Conununity Development Specialist Do responded that all fees previously received had been tracked and confirmed that they were expended only on parking related activities. Councilmember McCann expressed his opinion that everything comes down to managing the City assets and getting a return on the investment. Further, that he wanted to invigorate and have a vibrant Third Avenue; thought the meters on Third A venue should be eliminated and replaced with 2 hour parking limits; that the proposal did not think outside of the box, and that the policy should go a different direction. He then suggested putting out an RFP to ACE and other professional parking management companies to see what they would come up with by looking at the bigger picture and providing better opportunities, including consideration of the possible sale of the parking lots turning them from a liability into an asset and creating an increase in revenue from tax increment that would not have to pay for maintenance. Greg Mattson, President of the Third Avenue Village Association, spoke in support of staff's reconunendations. Deputy Mayor Rindone asked staff to review the idea of removing the meters on Third Avenue. Lisa Cohen, Chief Executive Officer of the Chula Vista Chamber of Conunerce, stated her board supported the reconunendations, although they had not yet taken a formal vote. ACTION: Deputy Mayor Rindone moved adoption of the resolution and placement on first reading of the ordinance, heading read, text waived, with clarification that the ENA's were specifically with reference to Lots 3 and 6, and the ordinance as amended to include the language proposed by the Mayor regarding self- sufficiency: Page 5 - Council Minutes \ F - 5 November 13, 2007 DRAFT ACTION ITEMS (continued) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DOWNTOWN PARKING MANAGEMENT STUDY; APPROVING THE DOWNTOWN PARKING INTERIM ACTION PLAN; AND DIRECTING STAFF TO PREPARE A DOWNTOWN PARKING MANAGEMENT PLAN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 10.56 AND 10.62 OF THE CHULA VISTA MUNICIPAL CODE, RELATED TO PARKING METER RATES AND OVERTIME PARKING FINES (4/5THS VOTE REQUIRED) (FIRST READING) Mayor Cox seconded the motion. The resolution passed and the ordinance failed 3-1-1 with Councilmember McCann voting no, and Councilmember Castaneda abstaining. Due to the ordinance failing, City Manager Garcia stated the resolution would not be enacted. OTHER BUSINESS 9. CITY MANAGER'S REPORTS City Manager Garcia spoke regarding a memorandum Council had received regarding support requested by the City of San Diego for their latest decision to pursue a renewed waiver of Secondary Treatment from the Environmental Protection Agency. A draft letter to be sent by the Mayor in support of their decision as requested of each of the 15 members of their wastewater treatment consortium had been included, and Council did not express any opposition to the Mayor sending a letter of support. 10. MAYOR'S REPORTS Mayor Cox asked that the City Clerk's evaluation be placed on the December 4th agenda, as she was taking the Golden Handshake and this would provide for an opportunity to speak with her. II. COUNCIL COMMENTS Councilmember McCann thanked the VFW, the American Legion and the Fleet Reserve Association for putting on the Annual Veteran's Celebration, which he attended this past Sunday. Deputy Mayor Rindone also congratulated the Veteran's organizations for their efforts in honoring all of the fallen soldiers, those who had given the greatest sacrifice so all of us could enjoy the wonderful freedoms we have. CLOSED SESSION Mayor Cox convened Closed Session at 7:42 p.m. Page 6 - Council Minutes November 13,2007 \r---tp DRAFT CLOSED SESSION (continued) 12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Agency designated representatives: Management Team . Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups No reportable action was taken. 13. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . two cases No reportable action was taken. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . one case This item was not discussed. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Christian Morales v. City ofChula Vista. et al. United States District Court, Case No. 07CVOl86JM (WMc); No reportable action was taken. Concerned Citizens of Chula Vista v. Kimco Realtv. et al. San Diego Superior Court Case No. GIC 862773; No reportable action was taken. Jack Gechter v. City of Chula Vism, San Diego Superior Court Case No. GIS22609 No reportable action was taken. ADJOURNMENT At 8:54 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of December 4,2007 at 4:00 p.m. in the Council Chambers. The Regular Meeting of November 20, 2007 has been cancelled. ~~~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 7 - Council Minutes November 13, 2007 II~ -'I DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 4, 2007 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04 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: City Manager Garcia, 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 . INTRODUCTION BY REDEVELOPMENT MANAGER ERIC CROCKETT, OF EMPLOYEE OF THE MONTH, JOSE DORADO, COMMUNITY DEVELOPMENT SPECIALIST II Redevelopment Manager Crockett introduced Employee of the Month, Jose Dorado. Mayor Cox read the proclamation and Councilmember McCann presented it to Mr. Dorado. . REPORT ON THE 2007 CHRISTMAS IN OCTOBER PROGRAM Dr. Emerald Randolph and Assistant Director of Planning and Building Remp shared highlights of the recent Christmas In October event, and acknowledged the volunteers present at the meeting who participated in the event. Dr. Randolph then introduced to the Council, the two recipients of the Christmas in October program, Mary Weithaus and Billie Bull, who thanked the City and volunteers for supporting the program. . PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING EMERALD RANDOLPH FOR HER EXEMPLARY SERVICE Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Dr. Randolph. CONSENT CALENDAR (Items I through 12) Mayor Cox announced that Consent Calendar Item 4 and Item 9 would be removed from the Consent Calendar, and taken separately, noting that Councilmembers McCann and Ramirez would be abstaining from voting on Item 4, due to conflicted property ownership; and Councilmember McCann would also be abstaining from voting on Item 9. 1&-1 DRAFT CONSENT CALENDAR (continued) 1. WRITTEN COMMUNICATIONS A. Letter of resignation from Bill Hieronimus, member of the Board of Appeals & Advisors. B. Letter of resignation from Joseph V. Alberdi Jr., member of the Design Review Committee. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 2. A. ORDINANCE NO. 3087, ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.06, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES, TO THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) B. ORDINANCE NO. 3088, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION (SECOND READING AND ADOPTION) C. ORDINANCE NO. 3089, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2007 EDITION (SECOND READING AND ADOPTION) D. ORDINANCE NO. 3090, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION (SECOND READING AND ADOPTION) E. ORDINANCE NO. 3091, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION (SECOND READING AND ADOPTION) F. ORDINANCE NO. 3092, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2007 EDITION (SECOND READING AND ADOPTION) G. ORDINANCE NO. 3093, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION (SECOND READING AND ADOPTION) CONSENT CALENDAR (continued) Page 2 - Council Minutes IG--d December 4, 2007 DRAFT The California Building Standards Commission has mandated that jurisdictions within the state start enforcing the 2007 Editions of the California building codes on January I, 2008. The adoption of California building codes is a routine action undertaken by the City in response to newly State adopted building codes. This action will allow the City to incorporate appropriate local amendments into the enforcement program. (Planning and Building Director) . Staff recommendation: Council adopt the ordinances. 3. A. RESOLUTION NO. 2007-268, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DISSOLUTION OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE TRANSFER OF COMMUNITY DEVELOPMENT'S ADMINISTRATION, ECONOMIC DEVELOPMENT, AND PLANNING FUNCTIONS TO THE REDEVELOPMENT AGENCY, ADMINISTRATION DEPARTMENT, AND PLANNING AND BUILDING DEPARTMENT RESPECTIVELY B. RESOLUTION NO. 2007-269, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MERGING OF THE GENERAL SERVICES AND ENGINEERING DEPARTMENTS INTO THE NEW ENGINEERING AND GENERAL SERVICES DEPARTMENT, THE TRANSFER OF THE ENVIRONMENTAL MANAGEMENT, TRAFFIC OPERATIONS, AND LANDSCAPE INSPECTION PROGRAMS FROM ENGINEERING AND GENERAL SERVICES TO PUBLIC WORKS, THE TRANSFER OF FLEET OPERATIONS FROM PUBLIC WORKS TO THE ENGINEERING AND GENERAL SERVICES DEPARTMENT, AND CHANGE THE NAME OF THE PUBLIC WORKS OPERATIONS DEPARTMENT TO PUBLIC WORKS C. RESOLUTION NO. 2007-270, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ESTABLISHMENT OF THE FOLLOWING NEW POSITION CLASSIFICATIONS: DIRECTOR OF REDEVELOPMENT AND HOUSING, ASSISTANT DIRECTOR OF REDEVELOPMENT AND HOUSING, REDEVELOPMENT AND HOUSING MANAGER, PRINCIPAL ECONOMIC DEVELOPMENT SPECIALIST, SENIOR ECONOMIC DEVELOPMENT SPECIALIST, PRINCIPAL PROJECT COORDINATOR, SENIOR PROJECT COORDINATOR, PROJECT COORDINATOR II, PROJECT COORDINATOR I, DIRECTOR OF ENGINEERING AND GENERAL SERVICES, ASSISTANT DIRECTOR OF ENGINEERING AND GENERAL SERVICE/CITY ENGINEER, DIRECTOR OF PUBLIC WORKS, AND ASSISTANT DIRECTOR OF PUBLIC WORKS D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE FOLLOWING TITLES: ASSISTANT DIRECTOR OF REDEVELOPMENT AND HOUSING, REDEVELOPMENT AND HOUSING MANAGER, ASSISTANT DIRECTOR OF ENGINEERING AND GENERAL SERVICES/CITY ENGINEER, ASSISTANT DIRECTOR OF PUBLIC WORKS, AS WELL AS THE DELETION OF THE FOLLOWING TITLES: ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT, ASSISTANT DIRECTOR OF PUBLIC WORKS AND OPERATIONS, AND HOUSING MANAGER (FIRST READING) (4/5THS VOTE REQUIRED) Page 3 - Council Minutes IG-3 December 4, 2007 DRAFT CONSENT CALENDAR (continued) In order to achieve cost savings and improve efficiency, staff is recommending the reorganization of the development and maintenance services departments, which will result in the elimination of 9 positions at an estimated annual savings of $1.2 million. These reorganizations were presented to Council at the November 1, 2007 budget workshop. (City Manager) Staff recommendation: Council adopt the resolutions and place the ordinance on first reading. 4. Item 4 was removed from the consent calendar for discussion. 5. RESOLUTION NO. 2007-272, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS Residential properties along First Avenue, between Naples Street and Palomar Street, are currently without curbs, gutters, and sidewalks. Property owners signed a petition requesting that special assessment district proceedings commence for the purpose of financing the construction of these improvements. Staff completed the preliminary design and cost estimates for this project, and the Council adopted resolutions, which accepted the petition, approved the proposed boundary map and preliminary Assessment Engineer's Report, set a public hearing and ordered the initiation of ballot proceedings. On September 11, 2007, Council conducted the public hearing and ballot proceedings. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-273, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "CHULA VISTA COMMUNITY PARK EMERGENCY SLOPE REPAIR" AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF ENGINEERING AND GENERAL SERVICES FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH CASS CONSTRUCTION, INC. ESTABLISHING A CAPITAL IMPROVEMENT PROJECT FOR THE WORK COMPLETED, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) On September 4, 2007, staff was informed by the Otay River Contractors that the slope located adjacent to the Southbay Expressway (SR-125) at Otay Lakes Road had been undermined and a large cavity created. In accordance with the emergency provisions of Section 1009 of the City Charter, City staff contracted the services of CASS Construction, Inc. for the repair, and an informational item was submitted to the Council stating that a final report on the full cost of the project would be forthcoming. The staff report provides the total expenditures for the repair. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes I G-+ December 4, 2007 DRAFT CONSENT CALENDAR (continued) 7. RESOLUTION NO. 2007-274, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $54,520 IN TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE "REAS SLURRY SEAL PAVEMENT REHABILITATION FISCAL YEAR 2007/2008 (STL-340)" PROJECT FROM THE AVAILABLE FUND BALANCE (4/5THS VOTE REQUIRED) On October 30, 2007, the City received a letter from SANDAG indicating that payment of Transportation Development Act funds were processed to the City for a grant that the City had received for the Bay Boulevard Bike Lane Improvements project. Appropriations are necessary to reimburse the "REAS Slurry Seal Pavement Rehabilitation (STL-340)" project, which included the bike lane improvements. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 8. A. RESOLUTION NO. 2007-275, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING AUGUST 1,2008 AS THE DATE BY WHICH PROPERTY OWNERS WITHIN UNDERGROUND DISTRICT NO. 134 ALONG EAST L STREET FROM MONSERATE AVENUE TO NACION AVENUE SHALL BE READY TO RECEIVE UNDERGROUND UTILITY SERVICE, SETTING DECEMBER 31, 2009 AS THE APPROXIMATE DATE BY WHICH POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD FACILITIES ARE REMOVED WITHIN THE DISTRICT, AUTHORIZING THE INCREASE OF UTILITY ALLOCATION FUNDS TO APPROXIMATELY $1,654,000, AND REQUESTING THAT THE UTILITY COMPANY PAY FOR THE INSTALLATION OF PRIVATE LATERAL CONNECTIONS FROM THE CITY'S RULE 20A FUNDS, AND AUTHORIZING THE UTILITY COMPANY TO INSTALL THOSE PRIVATE LATERAL CONNECTIONS B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.32 OF THE CHULA VISTA MUNICIPAL CODE TO REFLECT CHANGES TO THE PUBLIC UTILITIES COMMISSION RULE 20A ON UTILITY UNDERGROUNDING (FIRST READING) On December 10, 2002, the City Council held a public hearing and approved Resolution No. 2002-509 establishing Utility Underground District No. 134 along East L Street from Monserate Avenue to Nacion Avenue. The resolution also authorized the expenditure of utility allocation funds to subsidize private service lateral conversion. The subsequent adoption of Public Utilities Commission Rule 20.A.3 allows the construction of private service laterals to be included as part of the undergrounding project. The proposed ordinance revises the Chula Vista Municipal Code to be consistent with these changes. (Engineering and General Services Director) 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 5 - Council Minutes I G-5 December 4, 2007 DRAFT CONSENT CALENDAR (continued) 10. RESOLUTION NO. 2007-276, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2008 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. (Human Resources Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2007-277, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $173,857 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY, AMENDING THE FISCAL YEAR 2007/2008 POLICE BUDGET FOR THE SOBRIETY CHECKPOINT PROGRAM, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Police Department has received funding from the California Office of Traffic Safety for the Sobriety Checkpoint Program, with the goal of reducing the number of people killed in alcohol-involved crashes. (Police Chief) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2007-278, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MASTER COMMUNICATIONS SITE LICENSE AGREEMENT WITH OMNIPOINT COMMUNICATIONS INC., (T- MOBILE) FOR THE INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION TO RENEW FOR AS MANY AS FIVE ADDITIONAL 5- YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the proposed resolution would establish a Master Communications Site License Agreement (MLA) between the City and Omnipoint Communications, Inc. (T- Mobile) for the installation of as many as 25 total wireless telephone facilities on property owned or controlled by the City. The City and T-Mobile are parties to an existing MLA, entered into by Pacific Bell Wireless, LLC, T-Mobile's predecessor, which would be replaced by the proposed agreement. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember McCann moved to approve the balance of the consent calendar, headings read, texts waived. Deputy Mayor Rindone seconded the motion and it carried 5-0. Page 6 - Council Minutes I G-{p December 4, 2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2007-271, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF A FISCAL YEAR 2008/2009 BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATION AND CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAILABLE THEREFOR Adoption of the resolution approves the submittal of a $135,630 Bicycle Transportation Account grant application to Caltrans for Fiscal Year 2008/2009 in order to provide for citywide bicycle amenities such as replacement of bus-mounted bike racks, roadway signage for bicycle facilities and for traffic signal video detection units in order to encourage alternative modes of transportation. (Engineering and General Services Director, Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendation and offered Resolution No. 2007-271, heading read, text waived. Deputy Mayor Rindone seconded the motion, and it carried 3-0-2, with Councilmembers McCann and Ramirez abstaining due to conflicted property ownership. 9. A. ORDINANCE OF THE CITY OF CHULA VISTA REPLACING CHAPTER 18.54 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO FLOODPLAIN REGULATIONS WITH CHAPTER 14.18 (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 14.04 (FIRST READING) The original floodplain ordinance was adopted in November 1978, and amended to meet standards of the National Flood Insurance Program in August of 2006. Adoption of the proposed ordinances brings the City into full compliance with current requirements. (Engineering and General Services Director) Staff recommendation: Council place the ordinance on first reading. ACTION: Mayor Cox moved to approve staffs recommendations and placed the ordinances on first reading, headings read, texts waived. Councilmember Rindone seconded the motion, and it carried 4-0-1, with Councilmember McCann abstaining. PUBLIC COMMENTS Patricia Lopez, Chula Vista mobilehome owner, expressed concern about closure of the mobilehome park where she currently resides, and questioned why the City had not moved forward on the Mobilehome closure ordinance. She stated that the City was not doing its job in providing affordable housing for its low-income residents, and asked Council to fix the ordinance. Page 7 - Council Minutes /G.-7 December 4, 2007 DRAFT PUBLIC COMMENTS (continued) Steven Pavka asked the Council to repeal the existing towing ordinance, stating that the current towing costs were excessive, out ofline, and an exploitation of the older residents and those who could not afford such costs. Barbara Rivas, Chula Vista resident, expressed concern regarding youth violence in the City, stating that communities that did nothing to address the victimization of youths were silently sending a strong message to perpetrators that it was okay to commit acts of violence. She then spoke about the proliferation of youth violence in the City, with incidents of murders and gunfire in many of the neighborhoods. Mayor Cox referred Ms. Riva's concerns to Police Chief Emerson. Additionally, Councilmember Ramirez invited Ms. Rivas to participate in the City's Public Safety Subcommittee meetings to discuss her concerns. Ned Ardugna, Chula Vista resident, spoke about the white paper on community strengthening for Southwestern Chula Vista, and a past letter from the City to the residents of the Castle Park community addressing a proactive compliance program to identify and solve violations that contribute to neighborhood blight. He stated that if the City was really examining a neighborhood for blight, it should look at its own policies and maintenance of the infrastructures, including streets and more. Further, the community had been requesting road improvements and sidewalks from the City, all of which had been denied. He stated he had been a voice in support of redevelopment of the Southwestern areas of the City, but was now the face of opposition. Greg Mattson, representing the Third Avenue Village Association (TA V A), spoke regarding the success of the recent Starlight Parade. He congratulated the City and thanked all those who participated in the event. Items 17 and 18 were taken out of order and discussed prior to the public hearings. PUBLIC HEARINGS 13. 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. Page 8 - Council Minutes I G - t? December 4, 2007 DRAFT PUBLIC HEARINGS (continued 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 McCann moved to adopt Resolution No. 2007-279, heading read, text waived. RESOLUTION NO. 2007-279, 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 Mayor Cox seconded the motion, and it carried 5-0. 14. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE 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. 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 McCann moved to adopt Resolution No. 2007-280, heading read, text waived. RESOLUTION NO. 2007-280, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN 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 Councilmember Castaneda seconded the motion, and it carried 5-0. 15. CONSIDERATION OF FEE WAIVER REQUEST BY CALVARY CHAPEL On October 29, 2007, a request for the waiver of the balance of development review deposit account #DQ1235 was received from Calvary Chapel. Such requests may be considered by the City Council per Municipal Code Section 3.45.010. (Planning and Building Director) Page 9 - Council Minutes IG-q December 4, 2007 DRAFT PUBLIC HEARINGS (continued) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE FEE WAIVER REQUEST OF CALVARY CHAPEL, SAN DIEGO OF OCTOBER 29, 2007, REGARDING DEVELOPMENT REVIEW DEPOSIT ACCOUNT #DQ1235 Mayor Cox announced that Item 15 would be postponed to a future date at the request of the applicant. The item was not discussed and no action was taken. 16. CONSIDERATION OF PRESENTATION OF 2006/2007 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT AND SOLICITATION OF PUBLIC INPUT ON THE FUNDING PRIORITIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT, THE HOME INVESTMENT PARTNERSHIPS ACT PROGRAM, AND THE EMERGENCY SHELTER GRANT The purpose ofthe public hearing is to meet the City's requirement to hold a minimum of two public hearings to allow for adequate citizen participation in the allocation of federal grant funds. This item also provides a year-end report on the City's grant administration performance for the program year 2006/2007. (Redevelopment Agency Executive Director) Staff recommendation: Council conduct the public hearing. Mayor Cox announced that Item 16 was continued to a future date at the request of staff. The item was not discussed and no action was taken. ACTION ITEMS Councilmember Castaneda stated he would be abstaining from voting on Item 17, due to the proximity of his residence to the Downtown parking management study. He then left the dais. 17. CONSIDERATION OF A RESOLUTION ACKNOWLEDGING THE VOTE OF 3-1-1 IN FAVOR OF ITEMS 8(A) AND 8(B), CONSIDERED BY THE COUNCIL ON NOVEMBER 13, 2007, PERTAINING TO DOWNTOWN PARKING, AND AN ORDINANCE MODIFYING THE CHULA VISTA MUNICIPAL CODE REGARDING PARKING METER RATES AND OVERTIME PARKING FINE RATES On November 13, 2007, the City Council considered a resolution accepting the Downtown Parking Management Study, approving the Downtown Parking Interim Action Plan, and directing staff to prepare a Downtown Parking Management Plan, along with an ordinance amending the Chula Vista Municipal Code to modify parking meter rates and the overtime parking fee. The Council voted 3 members in favor, 1 opposed and 1 abstained. Although the resolution and ordinance had passed, the City Clerk and Councilmembers thought it had failed due to the understanding that the ordinance required a 4/5ths vote. Based on this statement, the City Clerk did not process the resolution or place the ordinance on the next agenda for second reading. Adoption of this resolution acknowledges the error and directs the City Clerk to process the resolution and place the ordinance on the next agenda for second reading. (City Attorney) Page 10 - Council Minutes / G -10 December 4, 2007 DRAFT ACTION ITEMS (continued) Deputy City Attorney Miller answered questions about a four-fifths vote requirement that was placed on this item at the meeting of November 13, 2007. He stated that staffhad researched and acknowledged that the vote of 3 members in favor, 1 opposed, and 1 abstained was, under the law, a passing vote. Dr. Richard Freeman, representing the T A V A Parking Committee spoke in support of the study and believed that parking meters were necessary on Third A venue. He spoke of the need for communication with the community on parking meters and encouraged the Council to approve staff recommendation to form a parking district to address related issues. Jack Blakely, Executive Director of TA V A, spoke of the need for formation of a parking subcommittee to address whether or not parking meters should stay or go, and long term ramifications resulting in removal of the meters. He encouraged the Council to support the parking study. Charles Moore, President of the Chula Vista Chamber of Commerce spoke in support of the staff recommendation for a parking management study. Dr. Peter Rullan, believed that the parking study did not represent the "little people," such as his employees and patients, and believed that the proposed parking fee increase was too high. He stated that alternative parking locations were poorly lit, posing security and safety concerns. He stated that if the City wanted to support doctors in the urban core, parking must be protected and available at an affordable rate. Deputy Mayor Rindone requested staff to review and confirm all requests that indicate validation ofthe four-fifths vote requirement. Councilmember McCarm stated that the City bureaucracy had miss-managed City parking lots for over 40 years with broken meters and un-maintained lots. He spoke of his prior direction for staff to look at opportunities on how to better manage the City's parking lots. He expressed the need to be innovative by conducting discussions with Five Star Parking and Ace Parking, and T AVA. He was hopeful that staff would look at opportunities to improve management of the parking facilities. ACTION: Councilmember Ramirez moved to adopt the following Resolution No. 2007-281, heading read, text waived: RESOLUTION NO. 2007-281, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING THE VOTE OF 3-1-1 IN FAVOR OF ITEMS 8(A) AND 8(B), CONSIDERED BY THE CITY COUNCIL ON NOVEMBER 13, 2007; AND DIRECTING THE CITY CLERK TO: 1) PROCESS THE RESOLUTION RELATED TO ACCEPTING THE DOWNTOWN PARKING MANAGEMENT STUDY; APPROVING THE DOWNTOWN PARKING INTERIM ACTION PLAN; AND DIRECTING STAFF TO PREPARE A DOWNTOWN PARKING MANAGEMENT PLAN; AND, 2) BRING BACK THE ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 10.56 MODIFYING PARKING METER RATES, AND 10.62 MODIFYING THE OVERTIME PARKING FINE RATE FOR ITS SECOND READING Page 11 - Council Minutes / &-11 December 4, 2007 DRAFT ACTION ITEMS (continued) Deputy Mayor Rindone seconded the motion, and it carried 4-0-1, with Councilmember Castaneda abstaining, due to the proximity of his property to the downtown parking district. Councilmember Castaneda returned to the dais at 5 :39 p.m. 18. CONSIDERATION OF RESOLUTIONS AUTHORIZING THE CITY MANAGER TO IMPLEMENT BUDGET REDUCTION PROPOSALS The Council has considered potential budget reductions during two separate budget workshop sessions and through a straw polling process, indicated support for 163 of the proposed reductions totaling $6.9 million in savings over the remainder of fiscal year 2007/2008, and $15 million in annual savings beginning in fiscal year 2008/2009. The report provided sununarizes the budget reductions that were supported by Council, and recommends two additional proposals be included in the final budget-balancing plan. Adoption of the resolutions approves the implementation of the proposed budget reduction plan. (City Manager) City Manager Garcia presented the proposed budget reduction proposals. Budget and Analysis Director Van Eenoo further explained the budget reduction process. Elizabeth Chopp, President, Western Council of Engineers (WCE) stated that two Associate Engineer positions that were workload-related and slated for layoffs, were disproportionately affected. Regarding Wastewater and Traffic Divisions, she stated that the workload had increased, and the two Engineering staff being considered for layoffs were experienced in these areas. She spoke of the need by the City, to seek alternative funding sources such as grants. She stated that part of the City's wealth was its employees and she would hate to see the City lose them. Aaron Murphy, representing the Chula Vista Employee Association (CVEA) expressed concern about the uncertainties of his position in the Wastewater Division. He stated that the Wastewater Division was currently understaffed and that any further staffing cuts would greatly impact services to the City. Sergio Senoff, Public Works Maintenance worker stated that the employees were not responsible for accruing the budget shortfalls, yet they were out on the streets maintaining and cleaning City facilities with the best interests of the City. He asked the Council to reconsider the proposed staffing cuts, stating that further staffing cuts would leave the department ill-equipped to serve the increasing needs of the City. Winston Martin, Lead Custodian, spoke on behalf of the General Services Custodial Division, stating that the staff took pride in what they did and provided excellent customer service. He stated that the division was currently short-staffed, and any further loss of hourly or temporary employees would make it increasingly difficult to maintain services, and to meet federal and state guidelines for maintenance of the City's jail. He asked the Council's consideration not to cut any positions in the General Services Custodial Division. Page 12 - Council Minutes iG-(d-. December 4, 2007 DRAFT ACTION ITEMS (continued) Steward Sneed spoke on behalf of the hourly staff in the General Services Department Custodial Division, stating that the hourly staff were not bene.fited positions, and serve an important role in the City. He asked the Council to give careful consideration to avoid further staff reductions. David Bisbal, Tree Trimmer, stated that his position was proposed to be eliminated, and explained that any further staffreductions within the existing five-person crew, would negatively impact their ability to respond to the City's growing needs. Further, that outsourcing for tree trimming services was expensive and substandard to that of City staff. He questioned why his position was previously removed from the budget cut list, and then returned to the cut list. Juan Llamas, Jr., Equipment Operator, Graffiti Division, stated that his position was one being cut, and he advised the Council on the negative impacts the proposed cut would have on the City. He stated that the existing four-member crew serves the entire City. He asked the Council to reconsider the elimination of one graffiti crewman and the Urban Corps contract, in order to preserve beautification of the City. Raymond Brown, representing CVEA and Public Works, stated that staff reductions from any department would impact services to the citizens. He questioned why the Public Works employees were taking staffing cuts for the budget deficit that they were not responsible for. He then asked the Council to consider the quality of life of the citizens and employees before making staffing cuts. Peggie Mazzeppi, Senior Maintenance Worker stated that although the Street Department continued to be understaffed and under funded, it was preposterous for the City to consider any further staffing reductions. Furthermore, the increasing growth of the City was placing further pressure on the Street Department to maintain potholes and sidewalk repairs. Roy Jennings, Tree Trimmer, asked the Council not to overlook the importance of the essential services provided by the Public Warks staff, and to reconsider avoiding stafflayoffs. Tony Contreras, Public Works Specialist stated it was always the little people who were directly impacted with staff layoffs, and he asked the Council to avoid layoffs in Public Works. Kim Walker, Owner of the Comfort Inn and Suites, Chula Vista, urged the Council to avoid budget cuts for the Visitors and Information Center and Chamber of Commerce activities, stating that these organizations playa vital role in the marketability of hotels in the City. Furthermore, TOT revenues from these facilities provided a positive contribution to the City. Dr. Chris Searles spoke regarding the proposed cuts to Parks and Recreation programs, stating that the proposed cuts would undermine the City's ability to provide vital structured physical activities for the most underserved members of the community, particularly those on the west side. Page 13 - Council Minutes I @--13 December 4, 2007 DRAFT ACTION ITEMS (continued) Richard Preuss, Police Communications Specialist expressed concern about the proposed elimination of two Police Service Officer positions, which would result in the requirement by the remaining staff to work 12-hour shifts, which he believed would be unsafe for the employees, and asked Council to consider removal of the two positions from the cut list. Additionally, he also requested consideration by Council of maintaining the two Police Dispatcher positions, which he believed were vital to maintain levels of service for the Police Department Communications Center. Chuck Schrader, representing CVEA stated that his intention was to save as many jobs as possible and that he did not believe in layoffs. He stated that the contract custodians were very concerned about the future of their positions, and he asked the Council to get things right, even if it took a while. Terry Strauwald, representing CVEA stated that the root cause of the budget shortfalls had not yet been identified. He spoke of the need to maintain flexibility with the proposed budget reductions. He recommended implementation of an incentive program for future budget cycles, with suggestions from employees on budget savings. Lisa Cohen, CEO, Chula Vista Chamber of Commerce referenced a letter from Monica Ramos, representing Knotts Soak City, about how the park had grown over the past eight years as a result of marketing by the Chamber of Commerce. Ms. Cohen spoke on behalf of the Metropolitan Transit System (MTS), requesting a 90-day hold off on the budget cuts in order to evaluate the impacts on the MTS budget. Ms. Cohen requested that Council re-consider the proposed funding cuts to the Chula Vista Visitors and Information Center. Nicole Holenstein, General Manager, Holiday Inn Express in Chula Vista explained the benefits of brochures provided to them by the Chamber of Commerce for local hotels and their guests that assist with revenue generation for the City through TOT tax. She urged the Council to keep the Con Vis budget in tact in order keep the City as a destination. At 6:42 p.m., Mayor Cox announced a recess of the City Council Meeting to convene the meeting of the Redevelopment Agency, followed by the meeting of the Housing Authority. Mayor Cox reconvened the Council Meeting at 7:00 p.m. At 7:03 p.m., Mayor Cox announced a recess of the City Council Meeting. The Council Meeting reconvened at 7:35 p.m. with all members present, and continued discussion regarding Item 18. City Manager Garcia recapped what had occurred regarding the proposed budget cuts at the Council Workshop on November 1, 2007. Discussion then resumed regarding Budget Reduction Items 186 through 195. It was the consensus of the City Council to remove the following Budget Reduction Items from the budget cut list: Page 14 - Council Minutes I G-14 December 4, 2007 DRAFT ACTION ITEMS (continued) Item 186 (Tree Trimming Crew - Tree Trimmer and Senior Tree Trimmer, and related equipment). Item 36 [Reduce energy costs by turning off 50% of street lights (250 watt) along arterial streets and alternating lights on double mast arms]. Item 189 (Eliminate Graffiti Crew (Senior Maintenance Worker and Maintenance Worker I/II). Councilmember Castaneda also requested that staff seek ways to fund continuation of the Urban Core contract services for graffiti removal. It was the consensus of the Council to include Item 110 (Contract out Fire Communication Services) on the Budget Reduction cut list, and to outsource these services. Councilmember Rindone directed staff to provide a report to Council in early January 2008, followed by an updated report at the end of March, on the following four measures, as indicated on page 18-8 of the staff report: 1. Citywide hiring freeze extended through the end of the fiscal year. 2. Negotiating team and City's four collective bargaining groups to identify mutually beneficial ways of lowering personnel costs in the current year. 3. Staff to actively pursue collection of outstanding payments due to the Redevelopment Agency and seek to restructure some of the debt. 4. Staff to explore options to restructure some of the general fund's outstanding debt. Mayor Cox requested that a fifth measure be added as follows: 5. Consistent nurturing of shopping in Chula Vista as it pertains to the City's revenue. She then stated that the City Manager should have the ability to take his role as assigned to provide as many services as are available, and to use his expertise to bring them back in order for the Council to continue to set policy decisions. Councilmember Ramirez requested Council consideration to revisit Budget Reduction Items 57, 130, 165, 194, 190, 167, and 75. It was the consensus of the Council that these items remain on the budget cut list. Councilmember McCann spoke regarding nationally recognized programs that were supported by the City and included in the citywide budget reductions, suggesting that other lead agencies affiliated with the programs get involved with funding assistance and to apply for grant funding. Page 15 - Council Minutes \ G -'16: December 4, 2007 DRAFT ACTION ITEMS (continued) Councilmember Ramirez stated he would be abstaining from voting on Item l8A, due to conflicts with property interests regarding Budget Reduction Item 122. A. ACTION: RESOLUTION NO. 2007-283, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT BUDGET REDUCTION PROPOSAL 122 Mayor Cox moved to adopt Resolution No. 2007-283, heading read, text waived. Councilmember Castaneda seconded the motion, and it carried 4-0-1, with Councilmember Ramirez abstaining. Councilmember Castaneda stated he would be abstaining from voting on Item l8B, due to conflicts with property interests. B. ACTION: ACTION: RESOLUTION NO. 2007-284, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT BUDGET REDUCTION PROPOSALS 190 AND 194 AS DESCRIBED IN ATTACHMENT A Deputy Mayor Rindone moved adopt Resolution No. 2007-284, heading read, text waived. Mayor Cox seconded the motion, and it carried 4-0-1, with Councilmember Castaneda abstaining. C. RESOLUTION NO. 2007-285, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PROPOSALS AS DESCRIBED IN ATTACHMENT A EXCLUDING BUDGET REDUCTION PROPOSALS 36,122,186, 189, 190, AND 194 Deputy Mayor Rindone moved to adopt Resolution No. 2007-285, as amended, to include budget reduction proposals 36, 186 and 189, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 4-1, with Councilmember McCann voting no. Public Hearings (Items 13-16) were heard at this time. OTHER BUSINESS 19. CITY MANAGER'S REPORTS There were none. Page 16 - Council Minutes IG--I(p December 4, 2007 DRAFT 20. MAYOR'S REPORTS Mayor Cox announced that the City held a press conference on December 4, 2007 on Shop Chula Vista, and she expressed the importance for the City to add to the bottom line on sales taxes. 21. COUNCIL COMMENTS Councilmember Ramirez spoke regarding the impending retirement of City Clerk, Susan Bigelow, and the recruitment process for a new City Clerk position. He suggested that the recruitment include a statewide search, a selection committee comprised of City Clerk's from other agencies, community members, and the City Manager, with the goal of selecting the most qualified candidate for the position in a transparent manner. Additionally, he suggested that once the position was filled, that it be monitored by the City Council. Councilmember McCann thanked T A V A for the recent Christmas tree lighting and Yule Parade event and all those who participated. Deputy Mayor Rindone expressed his congratulations to T A V A on an excellent Christmas Parade. Deputy Mayor Rindone stated that he had not made any public statements for or against discussions about the relocation of the San Diego Chargers, and announced that he was prepared to make a definitive statement on a position next week under Council Comments. Councilmember McCann responded to the comment by Deputy Mayor Rindone regarding the Chargers, and respectfully requested that Deputy Mayor Rindone permit staff to bring forth additional information in a report back to Council, prior to making any decisions. At 10:32 p.m., Mayor Cox convened to Closed Session. CLOSED SESSION 22. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Management Team . Employee organization: IAFF Local 2180, POA, CVEA, and WCE No reportable action was taken on these items. 23. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Clerk No reportable action was taken on this item. Page 17 . Council Minutes I G-/7 December 4, 2007 DRAFT ADJOURNMENT At 12:10 a.m., Mayor Cox adjourned the meeting to the Regular Meeting of December 11,2007 at 6:00 p.m. in the Council Chambers. ---- Lorraine Bennett, CMC, Deputy City Clerk Page ] 8 - Council Minutes IG-I'g December 4, 2007 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 6, 2007 6:00 p.m. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:11 p.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, Assistant City Manager Tulloch, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS Casey Tanaka, City of Coronado Councilmember and Chair of the Heartland Dispatch Board of Commissioners, representing Heartland Communications, introduced Dave Burke, Chair of the Board of Chiefs and Interim Director Denny DeVille, and offered assistance to answer any questions of the Council and staff regarding the services and related costs Heartland could provide. Mayor Cox requested Chief of Staff Forster provide contact information to Mr. Tanaka. ACTION ITEMS Mayor Cox announced that final action had been taken on Item 1 at the meeting of December 4, 2007, therefore it had not been continued to this meeting and would not be discussed. 1. CONSIDERATION OF RESOLUTIONS AUTHORIZING THE CITY MANAGER TO IMPLEMENT BUDGET REDUCTION PROPOSALS 2. CONSIDERATION OF APPROVAL OF AMENDMENT TO COUNCIL POLICY 300- 01 AND APPROVAL OF 2008 LEGISLATIVE PROGRAM Adoption of the resolutions will bring Council Policy 300-01 into conformance with the State and Federal budget preparation processes, add a section pertaining to monitoring legislation of interest to the City, and will provide staff and the City's legislative advocate in Sacramento with the City Council's legislative priorities for 2008. (City Manager) City Manager Garcia introduced Govemment Relations Liaison Carnevale, who provided opening comments and introduced City Lobbyist, Chuck Cole of Advocation, Inc. in Sacramento. I H-\ DRAFT ACTION ITEMS (continued) Mr. Cole provided the Council with an overview of the staffreport and the major issues that are likely to be on the front burner for our ILegislators and the Governor during the 2008 Legislative session. He began by stating that they had been informed there was a 1.9 billion dollar shortfall in the current fiscal year budget of 2007/2008. In addition to that, there is a projected approximatel 8 billion-dollar shortfall in the 2008/2009 fiscal year and it was estimated that this amount might continue into the third year of2009/2010. Deputy Mayor Rindone spoke regarding the need for the State to tighten its belt internally and not continue passing their financial problems on to the cities. Mayor Cox thanked Mr. Cole for assisting the City with their budget constraints by agreeing to modify his contract. ACTION: Deputy Mayor Rindone moved adoption of Resolution Nos. 2007-287 heading read, text waived: RESOLUTION NO. 2007-287, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 300-01 Councilmember Castaneda seconded the motion, and it carried 5-0. Government Relations Liaison Camevale provided background on the Legislative Program, noting that the current program did not reflect the Council priorities, nor did it differentiate between the kinds of legislation that called for significant City involvement (e.g. presenting testimony at State or Congressional hearings, meeting with area legislators to discuss Chula Vista's concerns, etc.) vs. those meriting letters of support, opposition, or monitoring. Taking the foundation created at the City Council retreat, along with submittals from city department and division heads, Ms. Camevale along with the City Manager had prepared a proposed Legislative Program with four levels of priority, and included projects for which Federal and/or State funding could be requested. The City Council reviewed the proposed Legislative Program and provided consensus for the following direction: Group I: Add the decommissioning and dismantling of the existing South Bay power plant as soon as possible. Group II: Add the language - "In addition to taking action to support measures that will implement items from Group I," prior to, "City will send letters of support/opposition, direct lobbyist to provide testimony. " Remove from Legislation to Support: Expand the sales tax base to include mail order sales, home shopping sources, internet-based commerce. City staff and Advocation, Inc. to prepare and submit an analysis of the affects of internet-based commerce on sales tax revenues to local government. Page 2 - Council Minutes \ H-;;t December 6, 2007 DRAFT ACTION ITEMS (continued) Group III: Add the language - "In addition to taking action to support measures that will implement items from Group I," prior to City will send letters of support/opposition, direct lobbyist to provide testimony. Remove from Support Efforts to: Facilitate dismantling the South Bay Power Plant, and Implement the Bayfront Master Plan. Additionally, the Council/Agency requested a proposal from staff on a means by which the Council/Agency members could be kept better informed on the status of those legislative measures or administrative actions that staff was tracking or on which the City had taken a position. ACTION: Motion by Deputy Mayor Rindone, second by Councilmember Castaneda, to direct staff to bring back the legislative program including the changes discussed. The motion carried 5-0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2008 LEGIS LA TIVE PROGRAM OTHER BUSINESS 3. CITY MANAGER'S REPORTS There were none. 4. MAYOR'S REPORTS There were none. 5. COUNCIL COMMENTS There were none. ADJOURNMENT At 7:32 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of the City Council, December II, 2007 at 6:00 p.m. in the Council Chambers. Page 3 - Council Minutes \ H":3 December 6, 2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December I 1, 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, ChuIa Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Counci1members: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PLAQUE TO RETIRING CITY CLERK SUSAN BIGELOW Mayor Cox recognized City Clerk Bigelow for her years of dedicated service and professionalism, and for bringing the City Clerk's Office in to the 21st Century with the implementation of a records management system and video streaming of City Council Meetings, and most recently, passport application services. Deputy Mayor Rindone then presented Ms. Bigelow with a plaque of appreciation on behalf of the City Council. Ms. Bigelow thanked her family for their unconditional support through the years, the citizens of Chula Vista for their trust in the City Clerk's Office, the greater City staff for their trust and support, the City Council for their support, and her staff for their professionalism and friendship. . PRESENTATION BY MAYOR COX OF A PLAQUE TO RETIRING ASSISTANT CITY MANAGER/LIBRARY DIRECTOR DAVID PALMER Mayor Cox spoke on behalf of the City Council and thanked Assistant City Manager Palmer for his 19 years of dedicated service to the City. City Manager Garcia then thanked Mr. Palmer for his invaluable assistance, particularly during the past six months, his insight, and compassion. He then presented Mr. Palmer with a plaque of appreciation. Mr. Palmer spoke of the many opportunities afforded him during his tenure, which included projects such as construction of the South Chu1a Vista Library, creating a joint library at the Eastlake High School campus, development of Library, Recreation and Arts Master Plans, fund-raising programs, and the growth of new technologies. He thanked both the current and past City Council and City staff for the opportunity to serve the citizens, and to Mike Womble, for his support. IX- \ DRAFT CONSENT CALENDAR (Items 1 through 10) Councilmember Castaneda stated he would be abstaining from voting on Item 1, due to the proximity of his residence to the district. Councilmember McCann stated he would be registering a no vote on Item 1, and would be abstaining from voting on Item 4, due to property interests. Mayor Cox announced that Items 1 and 4 would be removed from the Consent Calendar and considered separately. 1. Item 1 was removed from the consent calendar for discussion. 2. ORDINANCE NO. 3095, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE FOLLOWING TITLES: ASSISTANT DIRECTOR OF REDEVELOPMENT AND HOUSING, REDEVELOPMENT AND HOUSING MANAGER, ASSISTANT DIRECTOR OF ENGINEERING AND GENERAL SERVICES/CITY ENGINEER, ASSISTANT DIRECTOR OF PUBLIC WORKS, AS WELL AS THE DELETION OF THE FOLLOWING TITLES: ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT, ASSISTANT DIRECTOR OF PUBLIC WORKS AND OPERATIONS, AND HOUSING MANAGER (4/5THS VOTE REQUIRED) (SECOND READING AND ADOPTION) In order to achieve cost savings and improve efficiency, staff recommended the reorganization of the development and maintenance services departments, which would result in the elimination of nine positions at an estimated annual savings of $1.2 million. These reorganizations were presented to Council at the November 1, 2007 budget workshop. This ordinance was introduced on December 4, 2007. (City Manager) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3096, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.32 OF THE CHULA VISTA MUNICIPAL CODE TO REFLECT CHANGES TO THE PUBLIC UTILITIES COMMISSION RULE 20A ON UTILITY UNDERGROUNDING (SECOND READING AND ADOPTION) On December 10, 2002, the City Council held a public hearing and adopted Resolution No. 2002-509 establishing Utility Underground District No. 134 along East L Street from Monserate Avenue to Nacion Avenue. The resolution also authorized the expenditure of utility allocation funds to subsidize private service lateral conversion. The subsequent adoption of Public Utilities Commission Rule 20.A.3 allows the construction of private service laterals to be included as part of the undergrounding project. The proposed ordinance revises the Chula Vista Municipal Code to be consistent with these changes. This ordinance was introduced on December 4, 2007. (Engineering and General Services Director) Staff recommendation: Council adopt the ordinance. 4. Item 4 was removed from the consent calendar for discussion. Page 2 - Council Minutes \I-~ December II, 2007 DRAFT CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2007-288, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "G STREET SEWER PUMP STATION REHABILITATION PROJECT (CIP NO. SW-238)" TO TAMANG ELECTRIC, INC. IN THE AMOUNT OF $477,420, WAIVING COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS AS NECESSARY IN AN AGGREGATE AMOUNT NOT TO EXCEED $71,613 The proposed project provides for the rehabilitation of the "G" Street sewage pump station located on "G" Street west of the Goodrich Company western property gate and east of Marina Parkway. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-289, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS, EXECUTE ANY LETTERS OF INTENT OR MEMORANDA OF UNDERSTANDING WITH SAN DIEGO FIRE AND MEDICAL DISPATCH, AND EXPEND ANY FUNDS NECESSARY RELATED TO THE START-UP COSTS IN ORDER TO ACQUIRE CONTRACTED FIRE AND MEDICAL DISPATCH SERVICES FOR THE CITY OF CHULA VISTA On December 4,2007, the Council approved the City Manager's budget reduction plan, which included the transfer of the Fire Department's Communications Center to another outside agency in order to generate $740,000 in annual budgetary savings. Staff is recommending that the competitive bidding process be waived and that the City Manager be granted the necessary authority to negotiate and develop a contract for Council approval with San Diego Fire and Medical Dispatch for the provision of fire and medical dispatch services for the City of Chula Vista. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-290, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING 201 "I" STREET AS AN HISTORIC SITE AND PLACING 201 "I" STREET, THE OTTO 1. ELLINGHAUS HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) The property owners have requested that their property be considered for inclusion on the Chula Vista List of Historic Sites for its distinctive architecture. Staff has researched the history of the property and has determined that the house meets at least one of the local criteria for designation. (Planning and Building Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Council Minutes \3 - 3 December 11, 2007 DRAFT CONSENT CALENDAR (continued) 8. RESOLUTION NO. 2007-291, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC SITES LOCATED AT 209 "D" STREET, 210 DAVIDSON STREET, 630 DEL MAR AVENUE, AND 613 SECOND AVENUE, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENTS In accordance with Council Policy No. 454-01, staff has prepared contracts for the owners of the four designated historic homes who have requested to participate in the Mills Act program this year. Upon authorization by the Council, the City will enter into the contracts, which will then be forwarded to the County Assessor's Office for recordation, making the properties eligible for tax credit in the next assessed tax year. (Planning and Building Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2007-292, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $15,356 FROM THE BUREAU OF JUSTICE ASSISTANCE, AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE REQUIRED) The Chula Vista Police Department has received funding from the Bureau of Justice Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest Partnership grant has awarded the Police Department $15,356 to pay for 50 percent of the cost of the vests, and matching funds are available in the Police Department budget. (Police Chief) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2007-293, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE COPERMITTEES OF SAN DIEGO COUNTY, AS POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT, ORDER NO. R-9-2007-0001, AND AUTHORIZING THE MAYOR TO SIGN THE MOU ON BEHALF OF THE CITY Adoption of the resolution approves the Memorandum of Understanding, which establishes the shared program responsibilities of each party with respect to compliance with the permit regulations. The regulations are administered by the United States Environmental Protection Agency under the authority granted by the Federal Water Pollution Control Act (Clean Water Act) and its 1987 amendments. (Public Works Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes I I-If- December II, 2007 DRAFT CONSENT CALENDAR (continued) ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered the balance of the Consent Calendar, headings read, texts waived. Councilmember Ramirez seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. ORDINANCE NO. 3094, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 10.56 AND 10.62 OF THE CHULA VISTA MUNICIPAL CODE, RELATED TO PARKING METER RATES AND OVERTIME PARKING FINES (SECOND READING AND ADOPTION) On November 13, 2007, the Council considered a resolution accepting the Downtown Parking Management Study, approving the Downtown Parking Interim Action Plan, and directing staff to prepare a Downtown Parking Management Plan, along with an ordinance amending the Chula Vista Municipal Code to modifY parking meter rates and the overtime parking fee. The Council voted with 3 members in favor, 1 opposed and 1 abstaining. Although the resolution and ordinance had passed, the City Clerk and Councilmembers thought it had failed due to the understanding that the ordinance required a four-fifths vote. On December 4, 2007, the Council adopted Resolution No. 2007-281, which acknowledged the error and directed the City Clerk to process the original resolution (Resolution No. 2007-282) and place the ordinance on the next agenda for second reading. (City Attorney) Staff recommendation: Council adopt the ordinance. ACTION: Deputy Mayor Rindone moved to approve staffs recommendation and offered Ordinance No. 3094, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 3-1-1, with Councilmember McCann voting no, and Councilmember Castaneda abstaining, due to the proximity of his property to the district. 4. A. ORDINANCE NO. 3097, ORDINANCE OF THE CITY OF CHULA VISTA REPLACING CHAPTER 18.54 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO FLOODPLAIN REGULATIONS WITH CHAPTER 14.18 (SECOND READING AND ADOPTION) B. ORDINANCE NO. 3098, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 14.04 (SECOND READING AND ADOPTION) The original floodplain ordinance was adopted in November 1978, and amended to meet current standards of the National Flood Insurance Program in August of 2006. Adoption of the proposed ordinances will bring the City into full compliance with current requirements. These ordinances were introduced on December 4, 2007. (Engineering and General Services Director) Staff recommendation: Council adopt the ordinances. Page 5 - Council Council Minutes II-S December 11, 2007 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (continued) ACTION: Councilmember Castaneda moved to approve staff's recommendation and offered Ordinance Nos. 3097 and No. 3098, headings read, texts waived. Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with Councilmember McCann abstaining due to property interests. PUBLIC COMMENTS Sharon Floyd spoke about discussions between the City and the San Diego Chargers regarding the relocation of the Chargers to Chula Vista, stating that the residents deserved to know all the facts surrounding a decision that would impact the City positively or negatively for decades to come. She requested, after a complete environmental impact report of each potential site and full disclosure, that the City conduct a vote of the residents by separating ballots of registered voters with those east of Interstate 805 from those precincts west of the dividing line, and whichever side of the City cast the largest percentage of votes for the stadium, that would be the preferred site. She stated that the process must be transparent and reflect the true and honest will of the people. Chuck Schrader spoke about the elimination of 11 part-time custodian positions in the City's budget reduction plan, and asked for Council consideration to reinstate the positions to alleviate the stress on the current custodial staff. PUBLIC HEARINGS 11. CONSIDERATION OF WAIVING MINOR IRREGULARITY ON THE BID RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR- 288)" PROJECT PER CITY CHARTER SECTION 1009 On July 25, 2007 at 2:00 p.m., the Director of General Services received five sealed bids for the "Eucalyptus Park Security Lighting (PR-288)" project. The project will provide security lighting for the lower portion of the park. (Engineering and General Services Director) 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. 2007-294, heading read, text waived. RESOLUTION NO. 2007-294, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IRREGULARITY, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (eIP NO. PR-288)" PROJECT TO P ALSONS ELECTRICAL SERVICES, INC. Councilmember McCann seconded the motion, and it carried 5-0. Page 6 - Council Minutes December 11, 2007 \ r-Lp DRAFT ACTION ITEMS 12. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE AGREEMENT FOR BASIC LIFE SUPPORT SERVICE The City entered into an agreement with American Medical Response (AMR) for Basic and Advance Life Support Ambulance Service. Staff recommends an extension of the agreement based on provisions in the agreement. (Fire Chief) Fire Chief Perry provided a brief history on the American Medical Response contract. Chris Carlson, Consultant, representing American Medical Response, spoke about the City's partnership with American Medical Response, which had provided emergency medical care since 1980, and explained the proposed revised and restated agreement for basic and advanced life support service. ACTION: Mayor Cox moved to adopt Resolution No. 2007-295, heading read, text waived. RESOLUTION NO. 2007-295, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT SERVICE WITH LAIDLAW MEDICAL TRANSPORTATION, INC., DBA AMERICAN MEDICAL RESPONSE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Councilmember Castaneda seconded the motion, and it carried 3-2, with Deputy Mayor Rindone and Councilmember McCann voting no. OTHER BUSINESS 13. CITY MANAGER'S REPORTS There were none. 14. MAYOR'S REPORTS There were none. 15. COUNCIL COMMENTS There were none. CLOSED SESSION 16. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Clerk No reportable action was taken on this item. Page 7 - Council Council Minutes IT-l December 11, 2007 DRAFT CLOSED SESSION (continued) 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Interim City Clerk No reportable action was taken on this item. 18. A. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) Three cases B. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): Sidock v. City of Chula Vista, Case No. GIS 15970; No reportable action was taken on this item. JC Towing v. City ofChula Vista, Case No. GIC 869143; and, No reportable action was taken on this item. Terri Loretz, as Trustee v. City ofChula Vista, Court of Appeal Case No. D051623/San Diego County No. GIS28491. ACTION: Council Consensus to initiate lawsuit against Brentwood. 19. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Agency designated representatives: Management Team . Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups No reportable action was taken on these items. ADJOURNMENT At 12:10 a.m., Mayor Cox adjourned the meeting to the Regular Meeting of December 18, 2007 at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 8 - Council Minutes \ T~cg December II, 2007 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 18, 2007 6:00 P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 6:01 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: City Manager Garcia, City Attorney Ann Moore, Assistant City Clerk Norris, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items I through 4) Councilmember McCann and Deputy Mayor Rindone stated they would be abstaining from voting on Item 3 due to property ownership. 1. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON BONITA ROAD BETWEEN BONITA GLEN DRIVE AND I-80S SOUTHBOUND RAMPS AT 35 MPH (FIRST READING) Based on provisions of the California Vehicle Code, pursuant to authority under the Chula Vista Municipal Code, and at the direction of the City Engineer, Traffic Engineering staff preformed an Engineering Speed Survey along Bonita Road between Bonita Glen Drive and the I-80S Southbound Ramps, and determined the speed limit should be set at 35 mph. (Engineering and General Services Director) Staff recommendation: Council hold first reading of the ordinance. 2. RESOLUTION NO. 2007-296, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF BRANDYWINE AVENUE AND SEQUOIA STREET (TF-335)" PROJECT TO HMS CONSTRUCTION, INCORPORATED IN THE AMOUNT OF $172,260 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT \"S-\ DRAFT CONSENT CALENDAR (continued) On December 5, 2007, the City Engineer received four (4) sealed bids from electrical contractors for the "Traffic Signal at Brandywine Avenue and Sequoia Street (TF-335)" . project. The work proposed by this project upgrades the intersection control from an all- way stop to a six-phased fully actuated traffic signal system. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2007-297, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE UNEXPENDED FUNDS IN THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND ARE STILL NEEDED TO PROVIDE FOR CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED State Code requires local agencies assessing Development Impact Fees (DIF) and sewer capacity charges to make available specified financial data to the public each fiscal year. The reports that accompany this staff report satisfy the requirements and have been available in the City Clerk's office for public review since November 30, 2007. The Parkland Acquisition and Development (PAD) fees have also been included in the report. Local agencies are required to make findings every five years for any DIF funds remaining unexpended that identify the purpose of the fee and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The City has identified unexpended fees that were on deposit for five or more years and has elected to make the required findings. (Finance DirectorlTreasurer, Budget and Analysis Director, Engineering and General Services Director, and Redevelopment and Housing Director) Staff recommendation: Council accept the report and adopt the resolution. 4. RESOLUTION NO. 2007-298, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING THE SECOND AMENDMENT TO A THREE-PARTY AGREEMENT WITH ANTHONY J. LETTIERI, FAICP, CONSULTANT, AND MCMILLIN OTA Y RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN CENTER PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AMENDMENT The Eastern Urban Center is a large and complex project in the Otay Ranch, which requires the attention of senior-level staff and uniquely qualified consultants. The proposed contract amendment will take the project entitlement processing through completion of the Environmental Impact Report and Sectional Planning Area Plan. (Planning and Building Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations, and offered Consent Calendar Items 1,2, and 4, headings read, texts waived. Councilmember Ramirez seconded the motion, and it carried 5-0. Page 2 - Council M inntes \3-~ December 18, 2007 DRAFT CONSENT CALENDAR (continued) Councilmember Castaneda moved to approve staff's recommendation, and offered Consent Calendar Item 3, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 3-2 with Councilmember McCann and Deputy Mayor Rindone voting no. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Ace Wischstadt, Chula Vista resident, representing the Norman Park Dance Club, spoke in opposition to the budget cuts that will close the Norman Park Senior Center on Tuesday afternoons when their dances are held. Irene Callahan, Imperial Beach resident, representing the Norman Park Dance Group, spoke in opposition to the cutting of hours at the Norman Park Senior Center, and presented the Council with a petition with 85 signatures requesting the plan for early closure at 4 p.m. Monday, Tuesday and Wednesday be cancelled. Councilmember Ramirez requested the City Manager review the cost savings of closing down the Senior Center when the Senior Dance Program is being held, and provide a report back with another creative way, such as staffing with volunteers, to provide this venue for the Seniors. Deputy Mayor Rindone requested the City Manager look at alternative times and days of the week. Cathy Inoue, Chula Vista resident, member of TOAD (Teens Opposing Alcohol and Drugs), representing the South Bay Family YMCA, explained their mission, which was to raise awareness about drugs and alcohol and prevent their usage by teens. She then spoke about a recent project they had initiated which involved going to smoke shops to see if they were adhering to City laws, which included whether they were checking IDs, if any drug paraphernalia was present and if so if they would sell it to minors. Sarah Anyeung, San Diego resident, member of TOAD, representing the South Bay YMCA, stated that she participated with two other youth in a store visit. They were let in and viewed some drug paraphernalia, and one of the youth bought cigarettes and was not 18. On another day, they were not asked for ID, viewed paraphernalia, and purchased cigarettes. Francisco Gonzalez, Chula Vista resident, member of TOAD, representing the South Bay YMCA, stated he participated in a store visit and purchased cigarettes without rD. The second group he was with also purchased cigarettes without being carded. Page 3 - Council Minutes \3'-3 December 18, 2007 DRAFT PUBLIC COMMENTS (continued) Mayor Cox requested the information be referred to the City Manager so that the enforcement authorities could coordinate it. Sonny Chandler, Chula Vista resident, representing CVBGA, Inc., (Chula Vista Better Government Association Incorporated), asked the City Council to take action to determine if there were and are conflicts of interest, abuses of power and other violations involving the City Commission Members, former Councilmember John Moot, and certain other City officials. She stated that her organization had already asked the State Attorney General and the United States Attorney to investigate this matter, but believed the City should also seek to rid it's own house of corruption and self dealing. Ms. Chandler also stated that the conspiracy in question involved former Councilmember Moot, certain officials in the office of the District Attorney, local land developer James Pieri and a high level City official in a possible attempt to deprive Chula Vista voters of good government. Further that these officials may have abused their positions and . power to improperly influence and intimidate elected officials and community groups on behalf of the proposed condominium high rise known as Espanada as well as the Gateway project. Farrah Pirahanchi, San Diego resident, spoke regarding problems of inadequate drainage in her neighborhood in Bonita, and requested Council assistance. Mayor Cox referred her to the City Manager. PUBLIC HEARINGS 5. CONSIDERATION OF PRESENTATION OF 2006/2007 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) AND SOLICIT PUBLIC INPUT ON THE FUNDING PRIORITIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), THE HOME INVESTMENT PARTNERSHIPS ACT PROGRAM (HOME), AND THE EMERGENCY SHELTER GRANT (ESG) The purpose of the public hearing is to meet the City's requirement to hold a minimum of two public hearings to allow for adequate citizen participation in the allocation of federal grant funds. This item also provides a year-end report on the City's grant administration performance for the program year 2006/2007. This public hearing was continued from the meeting of December 4,2007. (Redevelopment Agency Executive 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. Redevelopment and Housing Manager Mills provided the staff report. Project Coordinator II Davis provided an overview of the Program for the 2006/2007 fiscal program year. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Page 4 - Council Minutes \:)- +- December 18, 2007 DRAFT PUBLIC HEARINGS (continued) Ms. Mills advised that staff would return to Council in February-March with a Draft Plan for review. 6. CONSIDERATION OF APPLICATIONS BY IRE DEVELOPMENT FOR INTRODUCTION OF COMMERCIAL RETAIL USES WITHIN THE EXISTING EASTLAKE DESIGN DISTRICT AND LAND USE DESIGNATION CHANGE FROM LIGHT INDUSTRIAL TO COMMERCIAL RETAIL The applicant is proposing to introduce commercial retail uses within the eXlstmg Eastlake Design District in order to complement the existing furniture and home decorating businesses presently in the District. The additional uses are intended to bring more foot traffic to the District, improving its mercantile posture and potential for success. The applicant is also proposing modifications to the property development standards to accommodate up to five story buildings, special parking ratios and medical office uses, including medical clinics. (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 provided an introduction to the staff report and Associate Planner Steichen presented the staff report. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Mayor Cox spoke in favor of the application and thanked staff for their efforts to move the project forward. Councilmember McCann spoke in favor, and had staff confirm that the project was a General Plan Amendment, which would provide the first hotel on the eastside of the City. He then commended staff for allowing the flexibility to make sure the project worked and was successful. Deputy Mayor Rindone commended staff on their excellent report. He then inquired as to the difference between a business hotel and tourist hotel. Ms. Cynthia Morgan, Attorney for Seltzer, Caplan, McMahon, Vitek, representing the applicant, responded to the inquiry, stating that the market for a business hotel is different due to the offering of conference space and traffic and parking space analysis (travel impacts) compared to a tourist hotel is different. A business hotel partners with office buildings to provide parking as their peak uses are different. Further, designation as a business hotel does not prevent use by tourists or community members. Additionally, Ms. Morgan explained that use of conference space for a meeting would be charged for, however, small conference rooms were available for guest use at no charge, as well as there would be ammentities of a laundry room, poollhot tub and fitness area. Deputy Mayor Rindone then expressed aprehension with the proposed parking being cut in half. Associate Planner Steichen responded that based on a parking study that had been done, and the unique characteristics of the design district, staff felt that they could support the reduction. Staff also included a caviat in the conditions of the conditional use permit, that in 6 months, an analysis of the parking would be completed and if it is found that there was not enough parking available, a shared parking agreement would be required. Planning and Building Director Sandoval added that as each business comes into the center, that parking would be tabulated. Page 5 - Council Minutes \3-5 December 18, 2007 DRAFT PUBLIC HEARINGS (continued) Mike V ogt, applicant/developer, stated he was asked to look at stand-alone stores similar to his in Southern California, and found that at the absolute peak, the parking required was I per 1100, but the average was 1 per 1600. The consultant that preformed their study submitted to staff the range of 1 to 1100, and as few as 1 to 1600, and staff chose the more restrictive figures. He then added in response to Deputy Mayor Rindones concerns, that the center currently has 735 parking spaces and is 80% leased. At the height of the shopping period, which is on the weekend, only 20% of the parking spaces are being used, and he expressed confidence that sufficient parking had been provided. Deputy Mayor Rindone thanked Mr. Vogt for the supplemental information he provided. He then requested a review at the end of 6 months be added to the conditions of approval on this parcel. Planning and Building Director Sandoval explaned that the parcel he was referring to required a plan amendment and not a conditional use permit, which would be hard to condition. However, Mr. Sandoval stated that staff would do an analysis of the parking situation at 6 months and if there were any areas of concern, the applicant could address them. Additionally, he stated that staff had the ability to monitor each use that comes into the center, and if they reach a point that triggers an impact, it could be addressed. After further discussion, Deputy Mayor Rindone expressed confidence in staff's monitoring of the parking. Councilmember Castaneda spoke in support of the project and commended Mr. Vogt for his willingness to continually innovate and made changes to make sure the center survived during the difficult economic times. Further, that the changes proposed were good for both the center and the community. Councilmember Ramirez stated he and the Council had made a commitment to make the center successful and thanked staff for all of their work through the challenges to justify the changes requested, and commended the patience of the applicant to go through the lengthy process. Mayor Cox inquired as to a possible ground breaking date for the center and Mr. V ogt responded that if approved, he hoped to break ground on the corporate center, by the end of December or beginning of January. Ms. Morgan, Attorney representing the applicant, requested a change in the air quality improvement plan to be a suggested condition rather than a required condition. Planning and Building Director Sandoval responded to the request, stating that the request did not appear to be a problem, as they would still have to meet the standards making the outcome the same. ACTION: Councilmember McCann moved the adoption of Resolution No. 2007-299 as amended to include Ms. Morgan's proposed amendment to the air quality improvement program, and holding first reading of the ordinance, heading read, text waived: A. RESOLUTION NO. 2007-299, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-07-015; Page 6 - Council Minutes \ S-[p December 18, 2007 DRAFT PUBLIC HEARINGS (continued) APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, THE EASTLAKE II GENERAL DEVELOPMENT PLAN, THE EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SECTIONAL PLANNING AREA PLAN, PUBLIC FACILITIES FINANCING PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 44 ACRES AT THE NORTHEAST, NORTHWEST AND SOUTHWEST CORNERS OF FENTON STREET AND SHOWROOM PLACE WITHIN THE EASTLAKE BUSINESS CENTER B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP (FIRST READING) Deputy Mayor Rindone seconded the motion, and it carried 5-0. Staff will monitor the parking situation and provide an analysis at the end of six months. 7. CONSIDERATION OF ZONE CHANGE AND CONDITIONAL USE PERMIT FOR A lO-ACRE PROJECT SITE FROM PLANNED COMMUNITY TO PUBLIC QUASI- PUBLIC IN ADVANCE OF A SECTIONAL PLANNING AREA PLAN THAT IS TO BE DEVELOPED FOR THE PROPOSED UNIVERSITY SURROUNDING THE PROJECT SITE High Tech High Learning proposes a 550-student High School and a 700-student Elementary/Middle School including an Environmental Learning Center on a 10-acre portion of the University Park project site, located at the southeast comer of Hunte Parkway and Discovery Falls Drive. The project requires a rezone of the lO-acre project site from Planned Community (PC) to Public Quasi-Public (PQ) to allow the use in advance of a Sectional Planning Area (SPA) Plan that is to be developed for the proposed University Park site surrounding the project site. (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 provided an introduction of the staff report. Associate Planner Phelps provided the staff report. Mayor Cox opened the public hearing and stated that she had no comments from the public to speak, however she had received an indication from Christopher Gerber, San Diego resident representing the applicant that he was available to assist with comments during the Council discussion. She then closed the public hearing. Page 7 - Council Minutes \ s-{ December 18, 2007 DRAFT PUBLIC HEARINGS (continued) Mayor Cox then stated she was pleased that comments were made during the staff report about monitoring the parking, and confirmed that there was an opportunity for the next level of expansion to assure that they don't run into over parking on the site and under on the play areas. Deputy Mayor Rindone inquired as to how the high school would be entirely energy efficient. Christopher Gerber, San Diego resident, representing High Tech High responded that their goal is to have net zero on an annual basis and explained the different technologies that will be used to accomplish this goal. Deputy Mayor Rindone then expressed concerns with the potential shortage of parking spaces and requested staff work with the applicant on the parking calculations. Planning and Building Director Sandoval added that the City would monitor the first phase and if parking becomes an issue, would work with the applicant prior to moving forward on the second phase. Councilmember Ramirez stated he was very excited and happy to support this project as it was more than just a school, it was a community icon of sustainability, and he was looking forward to watching it develop. 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 Ramirez moved the adoption of Resolution Nos. 2007-300 and 2007-301, and holding first reading of the ordinance, headings read, texts waived. A. RESOLUTION NO. 2007-300, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION MND (IS-07-014) FOR THE HIGH TECH HIGH UNIVERSITY PARK PROJECT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY 19.18.010 AND APPROVING A ZONE CHANGE REZONING 10-ACRES OF LAND FROM PLANNED COMMUNITY (PC) TO PUBLIC QUASI-PUBLIC (PQ), LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE PARKWAY WITHIN OTAY RANCH UNIVERSITY PLANNING AREA 10 C. RESOLUTION NO. 2007-301, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT (PCC-07-024), TO HIGH TECH HIGH LEARNING, LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE P ARKW A Y Councilmember McCann seconded the motion, and it carried 5-0. Page 8 - Council Minutes \3-8 December] 8, 2007 DRAFT PUBLIC HEARINGS (continued) Mayor Cox declared a brief recess at 7:54 p.m. Council reconvened at 8: 14 p.m. with all members present. ACTION ITEMS 8. CONSIDERATION OF INCREASE TO SEWER SERVICE CHARGES The sewer service charge is paid by all users who are connected to the City's wastewater collection system. Revenues derived from this fee are used to fund the cost of wastewater treatment, system maintenance and operation. A recent study has determined that, over the long term, the adopted rate plan would not generate the projected revenues, hence compromising the ability of the fund to meet its obligations for wastewater treatment, system operation and maintenance. It is therefore necessary that the City take the appropriate actions to adjust the rate schedule to avoid this potential fiscal impact. (Engineering and General Services Director) Engineering and General Services Director Griffin presented the staff report. Mayor Cox stated she attended the Metro commission meetings and that it was very expensive to make sure primary treatment is taken care of. Also that getting the system to pay for itself was difficult, but creditable. She then confirmed with General Services and Engineering Director Griffin that if there were not sufficient monies to fund and meet financial obligations, the system will constantly break down. Director Griffin stated that there were not many options to reduce costs as the City did not control the Metro rates, but could control the internal costs which would mean reduced levels of maintenance, which would increase the risk of breakdown or require money be taken from the general fund. Councilmember McCann expressed concerns with the accuracy of the numbers. Director Griffin explained that using a 5-year plan had been problematic and recommended taking it out through 2010 and then having another look at it. The cost of treatment will continue to go up and there would be inflationary issues to deal with. Councilmember McCann inquired as to whether the South County Water Agencies could help establish their own treatment facilities. Director Griffin stated that options were being analyzed in terms of treatment and turning wastewater into reclaimed water, which would reduce what the City needs to send to Metro, but these were also not inexpensive options. Deputy Mayor Rindone commended staff on their excellent report. He then expressed pleasure to see that his recommendation to seek grant funding to do a study of 12 to 24 on the Westside and 12 to 24 on the eastside of the City to determine what the true rate is had been included in the report as single family homes have paid more than their fair share. Deputy Mayor Rindone then referred to page 8-10 of the report and confirmed that the only options were to vote for the fee increase or a transfer funds from the general fund or operational costs would be necessary. ACTION: Deputy Mayor Rindone moved the adoption of Resolution No. 2007-302, heading read, text waived: Page 9 - Council Minutes \S-~ December 18, 2007 DRAFT ACTION ITEMS (continued) RESOLUTION NO. 2007-302, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO INCREASE SEWER SERVICE CHARGES AND SETTING A PUBLIC HEARING TO CONSIDER SAID INCREASE FOR FEBRUARY 5, 2008 AT 4:00 P.M. TO CONSIDER ALL PROTESTS AGAINST THE PROPOSED INCREASE TO THE SEWER SERVICE CHARGES Mayor Cox seconded the motion, and it carried 3-2 with Councilmembers Castanada and McCann voting no. Deputy Mayor Rindone requested his staff report from this agenda item be kept and provided behind the future agenda report. Mayor Cox announced that staff had requested Item 9 be delayed until January 2008. 9. CONSIDERATION OF AMENDMENT TO DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE CIVIC CENTER RENOVATION PROJECT, AUTHORIZATION OF A LOAN FROM THE PARKS ACQUISITION AND DEVELOPMENT FEE FUND, AND AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL TO APPROVE INTERFUND LOANS City Council approved a master plan for the renovation of the Civic Center in July of 2001. A Design Build Agreement was approved on February 18,2003 with Highland Partnership, Inc., and on August 3, 2004, the City Council approved the Guaranteed Maximum Price of the project. This action appropriates the funds to complete the third and final phase of the project in accordance with those previous City Council actions. (Engineering and General Services Director, Finance Director) A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO CIVIC CENTER DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE CIVIC CENTER RENOVATION PROJECT TO INCREASE THE GUARANTEED MAXIMUM PRICE FOR PHASE 3 OF THE PROJECT BY $1,699,514 AND AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.50.170 OF THE MUNICIPAL CODE AUTHORIZING THE CITY COUNCIL TO APPROVE LOANS FROM THE CITY TO THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND MID- YEAR (FIRST READING) Page 10 - Council Minutes \"S-)O December 18, 2007 DRAFT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A LOAN IN THE AMOUNT OF $4,161,570 FROM THE PARKS ACQUISITION AND DEVELOPMENT FEE FUND TO THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND AND APPROPRIATING $1,161,570 OF THOSE LOAN PROCEEDS TO PHASE 3 OF THE CIVIC CENTER RENOVATIONS PROJECT (CIP NO. GG-300) (4/5THS VOTE REQUIRED) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING INTEREST EARNINGS IN THE AMOUNT OF $474,635 FROM THE CIVIC CENTER PHASE 2 CERTIFICATES OF PARTICIPATION TO PHASE 3 OF THE CIVIC CENTER (CIP NO. GG-300) AND AUTHORIZING THE TRANSFER OF ANY REMAINING PROJECT FUNDS FROM CIVIC CENTER RENOVATIONS PROJECT PHASE 1 (CIP NO. GG-139) AND PHASE 2 (CIP NO. GG-200) TO PHASE 3 (CIP NO. GG-300) (4/5THS VOTE REQUIRED) At 8:49 p.m. Mayor Cox recessed the Council and convened the joint meeting of the City Council and Redevelopment Agency. At 8:51 p.m. Mayor Cox reconvened the Council Meeting with all members present. OTHER BUSINESS 10. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS Ratification of the appointment of Rodney Caudillo to the Safety Commission. ACTION: Mayor Cox moved the ratification appointment of Rodney Caudillo to the Safety Commission. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Mayor Cox stated that we need each other in our City and encouraged everyone to work together to improve the quality of life within the City. She also reminded everyone that although City Hall would be closed from December 25th through January 1 st, the Public Works crews as well as Safety Services would be available. Mayor Cox then wished everyone a safe holiday season and best wishes for a healthy and prosperous new year in 2008. 12. COUNCIL COMMENTS Councilman Ramirez stated he was interested in thinking about the way the City will be doing things differently in the years to come and requested the City Manager's hard work in that respect, noting that he was looking forward to his leadership. He then extended best wishes for the holidays to all. Page 11 - Council Minutes \:5-\\ December 18, 2007 DRAFT COUNCIL COMMENTS (continued) Councilmember Castaneda added his best wishes to everyone in Chula Vista as well as to those outside of the City and all City employees. Councilmember McCann thanked the entire community for giving him the pleasure of serving as their Councilmember, and extended holiday wishes to all employees from him and his family Deputy Mayor Rindone expressed sincere appreciation and congratulations to the 63 City employees who were retiring and accepting the golden handshake. He acknowledged that the City had a lot of challenges facing them in the coming year, which would require tough decisions to ensure that the best for the City is maintained. He then personally wished everyone a happy holiday season and encouraged them to take time to be with and enjoy their families and friends. CLOSED SESSION At 8:58 p.m., Mayor Cox convened Closed Session. 13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . City designated representatives: Management Team . Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups No reportable action was taken on this item. CLOSED SESSION (continued) 14. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Title: Interim City Clerk No reportable action was taken on this item. 15. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Title: City Clerk No reportable action was taken on this item. 16. CONFERENCE WITH NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . City Negotiator's: City Council and Director of Human Resources . Title: City Clerk Interim City Clerk Page 12 - Council Minutes \3-\&- December 18, 2007 DRAFT CLOSED SESSION (continued) No reportable action was taken on this item. ADJOURNMENT At 10:02 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of January 8, 2007 at 6:00 p.m. in the Council Chambers. d~~~ Lori Anne Peoples, MMC, S~ City Clerk Page 13 - Council Minutes \ :s - \3 December 18, 2007