HomeMy WebLinkAbout2008/05/13 Item 1
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April I , 2008
4:00 P.M.
A regular meeting of the City Council of the City ofChula Vista was called to order at 4:03 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, City Attorney Moore, Interim City Clerk Norris,
and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Mayor Cox announced that Closed Session would be taken out of order and discussed after
Special Orders of the Day, followed by Item 10, to be heard at a time certain of 6:00 p.m.
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY POLICE CHIEF EMERSON OF EMPLOYEE OF THE
MONTH, CLAUDIA BRAVO, POLICE RECORDS SPECIALIST
Police Chief Emerson introduced Employee of the Month, Claudia Bravo. Mayor Cox read the
proclamation and Deputy Mayor Rindone presented it to Claudia.
· PRESENTATION OF TROPHIES TO CHULA VISTA PUBLIC LIBRARY'S
"BATTLE OF THE BOOKS" SCHOOL WINNERS: CIVIC BRANCH, HALECREST;
EASTLAKE BRANCH, THURGOOD MARSHALL; AND SOUTH BRANCH, VALLE
LINDO
Interim Library Director Browder introduced Children's Services Manager, Debbie Taylor, who
talked about the "Battle of the Books" program. Staff then presented trophies to students
representing Valle Lindo, Halecrest, and Thurgood Marshall Schools, and the Councilmembers
congratulated and presented each student with a token for their achievements.
· PRESENTATION BY THE HEALTHY EATING, ACTIVE COMMUNITIES (HEAC)
INITIATIVE OF THE CALIFORNIA ENDOWMENT ON PROGRESS TO DATE,
NEAR TERM GOALS AND SUST AINABILITY
Mayor Cox announced that this item would be presented at the Council Meeting of April 8,
2008.
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SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION BY JACK MILLER, CHULA VISTA REPRESENTATIVE ON THE
SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY BOARD
Jack Miller, South Bay representative for the San Diego County Regional Authority, presented
an update on the San Diego Airport Authority Master Plan that included air route service and
passenger growth, stakeholder collaboration, terminal development plan, and long-term vision
plan. Deputy Mayor Rindone suggested that Mr. Miller return in a couple of months to provide
the Council with a full presentation on the Airport Master Plan that would include examination
of the viability of direct linkage from the City to the airport by mass transit, particularly light
rail.
With respect to Item 10, at the request of Mayor Cox, Councilmembers Castaneda and McCann
presented the Climate Change Working group members with certificates.
At 4:40 p.m., Mayor Cox recessed the Council Meeting and convened in Closed Session, with all
members present. The Council reconvened in Open Session at 5:29 p.m., with all members
present.
CONSENT CALENDAR
(Items 1 through 7)
Mayor Cox confumed with Councilmember Castaneda that he would be abstaining from voting
on Item 5B, and with Councilmember Ramirez that he would be abstaining from voting on Item
5C. Item 4 was removed from the Consent Calendar for discussion by Councilmember McCann.
Item 6 was removed from the Consent Calendar for discussion by Councilmember Ramirez.
1. APPROVAL OF MINUTES of the Regular Meeting of February 26, 2008 and the
Adjourned Regular Meeting of February 26, 2008.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone requesting an excused absence from
the City Council Meeting of March 11, 2008.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Ann Tucker, member of the Commission on Aging.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
Page 2 - Council Minutes
April I , 2008
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CONSENT CALENDAR (Continued)
3. ORDINANCE NO. 3111, ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 2.25 TO THE CHULA VISTA MUNICIPAL CODE PERTAINING TO
GENERAL RULES GOVERNING THE CITY'S BOARDS AND COMMISSIONS
(SECOND READING AND ADOPTION)
This ordinance corrects a number of redundancies and inconsistencies in the rules
governing the City's boards and commissions. Adoption of the ordinance is the first
action needed to consolidate and clarify the general operating procedures for the City's
boards and commissions. This ordinance was introduced on March 18, 2008. At that
time, the Council requested amendments. Those amendments have been incorporated for
adoption of the ordinance. (Interim City Clerk, Senior Assistant City Attorney)
Staff recommendation: Council adopt the ordinance.
4. Item 4 was removed from the Consent Calendar.
5. Item 5 was removed from the Consent Calendar.
6. Item 6 was removed from the Consent Calendar.
7. RESOLUTION NO. 2008-086, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE
AMOUNT OF $19,707 FROM THE CASH BOND DEPOSIT FUND TO THE
GENERAL FUND
The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money
was deposited by the Police Department in accordance with Government Code Article 3,
Section 50050 provisions, which state that money that remains unclaimed for three years
may become the property of the City after certain advertising requirements are met. The
amount of$19,707 is now eligible for transfer to the General Fund. (Police Chief)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Rindone moved to approve the balance of the Consent Calendar
(Items 1, 2, 3, and 7), headings read, text waived. Councilmember McCann
seconded the motion and it carried 5-0.
ITEMS REMOVED FROM CONSENT CALENDAR
Item 5 was taken out of order and considered prior to Item 4.
4. RESOLUTION NO. 2008-081, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TO RESCIND COUNCIL POLICY NO. 102-04 AND
ADOPT A POLICY ESTABLISHING AN ADMINISTRATIVE PROCESS FOR
BLOCK PARTIES AND SPECIAL EVENTS, ESTABLISHING CRITERIA TO
ENSURE APPROVAL FOR EVENTS AND ESTABLISHING A FEE STRUCTURE
FOR ADMINISTRATION OF THE PROGRAM
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April I , 2008
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
The Council previously approved a policy establishing an administrative process to seek
permission to hold residential block parties subject to certain limitations and City
Manager approval (Council Policy No. 102-04 - Block Parties). The Office of
Communications, under the auspices of the City Manager, has been administering the
Block Party program for the past five years. The City Manager, through the Office of
Communications, has also informally been approving special events under the guidelines
of Council Policy No. 102-04. Adoption of the resolution rescinds Council Policy No.
102-04 and adopts a new policy that addresses block parties, special events and
establishes a permit process, which authorizes issuing a permit, subject to certain
preconditions being met. (Communications Director)
Staff recommendation: Council adopt the resolution.
Communications Specialist Kingston noted for the record a typographical error in the proposed
Council Policy, stating that it takes 45 days to process a permit, not 50.
Councilmember McCann suggested separate policies for events such as neighborhood block
parties and larger special event programs.
Deputy Mayor Rindone suggested bifurcating policies for neighborhood block parties and
special events. He stated that neighborhood social events should be encouraged, and he
suggested that staff not recommend fees for small block parties.
Councilmember Ramirez echoed the comments by Deputy Mayor Rindone, and suggested a
more user-friendly policy.
Councilmember Castaneda asked staff how the City would be protected from liability with
respect to block parties. Senior Assistant City Attorney Marshall responded that individuals
were requested to sign a liability waiver. Councilmember Castaneda suggested staff research the
matter to ensure that the City is covered by liability insurance.
ACTION:
Mayor Cox moved to approve staff's recommendation and offered Resolution No.
2008-081, heading read, text waived, with the understanding by staff, that when
the fee schedule is brought forward to the Council, that there be different permit
fees for special events and block parties. Councilmember Ramirez seconded the
motion and it carried 4-1, with Councilmember McCann voting no.
5. A. RESOLUTION NO. 2008-082, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $69,380 IN LOAN FUNDS FROM THE
CALIFORNIA ENERGY COMMISSION TO RETROFIT THE LOMA VERDE
RECREATION CENTER AND PUBLIC WORKS CORP YARD WITH ENERGY-
EFFICIENT TECHNOLOGIES, ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT ENTITLED "CEC ENERGY EFFICIENCY LOAN -
PHASE I (GG202)," AMENDING THE FISCAL YEAR 2007/2008 CAPITAL
IMPROVEMENT PROGRAM AND APPROPRIATING $69.380 IN LOAN FUNDS
(4/5THS VOTE REQUIRED)
ACTION:
Mayor Cox moved to approve staff's recommendation and offered Resolution No.
2008-082, heading read, text waived. Deputy Mayor Rindone seconded the
motion and it carried 5-0.
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April!,2008
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
5. B. RESOLUTION NO. 2008-083, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $483,290 IN LOAN FUNDS FROM THE
CALIFORNIA ENERGY COMMISSION TO RETROFIT THE CIVIC CENTER
BRANCH LIBRARY, CHULA VISTA POLICE DEPARTMENT HEADQUARTERS,
AND P ARKW A Y RECREATION CENTER WITH ENERGY -EFFICIENT
TECHNOLOGIES, AMENDING THE FISCAL YEAR 2007/2008 CAPITAL
IMPROVEMENT PROGRAM AND APPROPRIATING $483,290 IN LOAN FUNDS
(4/5THS VOTE REQUIRED)
ACTION:
Mayor Cox moved to approve staffs recommendation and offered Resolution No.
2008-083, heading read, text waived. Deputy Mayor Rindone seconded the
motion and it carried 4-0-1, with Councilmember Castaneda abstaining.
5. C. RESOLUTION NO. 2008-084, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $54,776 IN LOAN FUNDS FROM THE
CALIFORNIA ENERGY COMMISSION TO RETROFIT THE SOUTH CHULA
VISTA BRANCH LIBRARY WITH ENERGY-EFFICIENT TECHNOLOGIES,
AMENDING THE FISCAL YEAR 2007/2008 CAPITAL IMPROVEMENT
PROGRAM AND APPROPRIATING $54,776 IN LOAN FUNDS (4/5THS VOTE
REQUIRED)
ACTION:
Mayor Cox moved to approve staffs recommendation, and offered Resolution
No. 2008-084, heading read, text waived. Deputy Mayor Rindone seconded the
motion and it carried 4-0-1, with Councilmember Ramirez abstaining.
In September 2007, the Council authorized the Department of Conservation and
Environmental Services to pursue a combination of California Energy Commission loans
and San Diego Gas & Electric "On-Bill Financing" to bridge the financial gap between
capital costs and SDG&E incentives for energy efficiency retrofit projects at municipal
facilities. In coordination with the Engineering & General Services Department, the City
was successful in being awarded a $607,446 loan to upgrade lighting, improve HV AC
systems, and install variable speed drives at six facilities. The retrofit projects will save
the City 1.4 million kilowatt-hours, resulting in an estimated cost savings of $180,410
annually, which will be used to repay the low interest loan. Adoption of the resolution
accepts and appropriates the funds. (Conservation and Environmental Services Director)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2008-085, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $25,000 IN TRANSIT CAPITAL
PROJECT FUNDS (40300) TO THE "PAVEMENT REHABILITATION PROGRAM
FISCAL YEAR 2006/2007 (STL-340A)" PROJECT FROM THE AVAILABLE FUND
BALANCE AND INCREASING THE AUTHORIZATION TO EXPEND ALL
CONTINGENCIES FOR THE PROJECT ACCORDINGLY (4/5THS VOTE
REQUIRED)
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
The City is currently conducting a pavement rehabilitation project to conduct chip seal
pavement rehabilitation. Staff has executed a change order to the subject project in order
to conduct pavement rehabilitation at the Public Works Center located at 1800 Maxwell
Road as part of this contract. Appropriations are necessary to reimburse the project with
Transit Capital Project Funds (40300) to fund the scope of work. (Engineering and
General Services Director)
Staff recommendation: Council adopt the resolution.
Councilmember Ramirez asked staff about the proposed driveway repair at the John Lippitt
Public Works Center and how it ranked with the City's pavement management system.
Engineering and General Services Director Griffin responded that the funding source for the
driveway repair at the Public Works Center was from the Transit Capital Funds, which could
only be used for transit purposes, and could not be used to pave any street in the City.
ACTION:
Mayor Cox moved to approve staffs recommendation and offered Resolution No.
2008-085, heading read, text waived. Deputy Mayor Rindone seconded the
motion and it carried 5-0.
PUBLIC COMMENTS
David Lancaster, Chula Vista resident, displayed a flyer he received with respect to opposition
by the City of Proposition E, stating that the community should be protecting the City's General
Plan, and that that the flyer violated the City's Ethics Ordinance. He suggested that the Ethics
Board look into the matter.
Jackie Lancaster, Chula Vista resident, spoke with reference to Proposition E, stating that the
citizens should be allowed the right to vote, and lack of respect and cooperation by City
commissioners and some Councilmembers was unethical.
At 6:00 p.m., Mayor Cox announced that the remainder of the Public Comments would be heard
following Item 10, which was taken out of order and heard at this time.
At 9:45, Mayor Cox resumed Public Comments.
Theresa Acerro, Chula Vista resident, stated that staffmg and salaries in the Office of the Mayor
were excessive and that the budget could be reduced and the savings used for additional public
library hours and books.
Jack Stanley, Chula Vista resident, added to the comments by Ms. Acerro, stating that savings
could be realized by reducing the Mayor's staffing budget, and the funding used to keep libraries
and recreation centers open for extra hours, and for park maintenance. He stated that cuts needed
to begin at the top.
Bill Tripp, Chula Vista resident, commended the Council for its work and spoke in support of
. employee salaries and benefits, which were necessary to serve the community. He also
commended and thanked City Manager Garcia, Assistant City Manager Tulloch, City Attorney
Moore and staff for assisting him and the Planning Commissioners with performing their role in
serving the community.
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April I, 2008
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PUBLIC HEARINGS
8. 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
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that collection efforts are directed towards the responsible property owner in the
event of a change of ownership, staff is recommending approval for liens against affected
properties as a preliminary action to placing the delinquencies on the property tax rolls if
they remain unpaid. Adoption of this resolution enhances the collection process for
delinquent sewer service charges by ensuring that the correct property owners are
charged and that payments will be received on a timely basis. This is the identical
process approved by the Council since August 1998. (Finance Director)
Mayor Cox opened the public hearing. Since there were no members of the public who wished
to speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2008-087, heading
read, text waived.
RESOLUTION NO. 2008-087, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING 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
Councilmember Ramirez seconded the motion and it carried 5-0.
9. CONSIDERATION OF THE 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
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of this resolution enhances the collection
process for delinquent solid waste service charges by reducing the amount of
uncollectible losses and ensures that payment will be received on a more-timely basis.
This is the identical process approved by the Council on a regular basis since mid-200 1.
(Finance Director)
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PUBLIC HEARINGS (Continued)
Mayor Cox opened the public hearing. Since there were no members of the public who wished
to speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2008-088, heading
read, text waived.
RESOLUTION NO. 2008-088, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE
SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE
PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
Councilmember Ramirez seconded the motion and it carried 5-0.
ACTION ITEMS
10. CONSIDERATION OF ACCEPTANCE OF CLIMATE CHANGE WORKING
GROUP'S RECOMMENDATION REPORT
In May 2007, City staff reported that the citywide greenhouse gas emiSSIOns had
increased by 35% (primarily due to residential growth) from 1990 to 2005, while
emissions from municipal operations decreased by 18% (due to energy-efficient traffic
signal retrofits). Staff was directed to convene a Climate Change Working Group to
develop recommendations to reduce the "carbon footprint" in order to meet the City's
20 I 0 greenhouse gas emissions reduction targets. Over the last ten months, the group,
comprised of residential, business and community-group representatives reviewed over
90 carbon-reducing measures to determine their applicability and potential effectiveness
in Chula Vista. They have completed their review and have selected seven measures,
which they feel should be implemented to further lower the community's carbon
emissions. (Conservation and Environmental Services Director)
Environmental Resource Manager Reed spoke about the formation of the Climate Change
Working Group. He then introduced the group's Chairman, Richard Chavez, who talked about
climate change and global warming. He presented the group's findings, including greenhouse
gas reduction solutions, review and evaluation of 90 solutions that resulted in seven proposed
recommendations.
Deputy Mayor Rindone provided an overview on the topic of global warming, including its
causes and impacts.
Cesar Rios, Working Group member presented the first three recommendations of the Working
Group, as follows: I) Adopt Clean Vehicle policy; 2) Encourage Clean Vehicle policy; and
3) Require Additional Energy Assessments.
Linda Gilgun, member of the Working Group, presented recommendation 4, Adopt Green
Building Standards.
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ACTION ITEMS (Continued)
Richard Chavez presented the remaining recommendations: 5) Solar Conversion Program;
6) Smart Growth at Trolley stations; and 7) Lawn Turf Conversion Program.
Councilmember Castaneda referenced letters he received from various groups and agencies in
support of the measure, namely, Senator Kehoe, Center for Sustainable Energy, Environmental
Health Coalition, Building Industry Association, Southwest Civic Association, and Sierra Club.
Mayor Cox added additional correspondence she received in support of the measure from Briggs
Law Corporation, Surf Rider Foundation, and Coast Keeper Foundation.
The following members of the public spoke in support of the proposed Climate Change Working
Group's report:
Matt Adams, San Diego resident, representing the Building Industry Association
David Stucky, Chula Vista Resident, representing the Building Owners and Managers
Association (BOMA)
Leo Miras, representing Environmental Health Coalition
Risa Barn, representing SDG&E
Stephen Capp, EI Cajon resident, representing California Center for Sustainable Energy
Sean Kilkenny, San Diego resident, representing The Otay Ranch Company
Hugo Ivan Salazar, Chula Vista resident, representing Environmental Health Coalition
Micah Motrosky, San Diego resident, representing the Sierra Club
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic
Association
Martha Becerric, representing Environmental Health Coalition
Leticia Ayala, Chula Vista resident
Mariana Lopez, Chula Vista resident, representing Environmental Health Coalition
Georgie Stillman, Chula Vista resident, representing Pamela Bensoussan
Bibiana Glackman, Chula Vista resident, representing Environmental Health Coalition
Andrew McAllister, San Diego resident, representing California Center for Sustainable
Energy
Andrea Coo, Ph.D., Ocean Beach resident, representing the California Center for
Sustainable Energy
Alan Ridley, Chula Vista resident, representing the Climate Change Working Group
Additionally, Mr. Matt Adams and Mr. Sean Kilkenny requested to be included in ongoing
discussions regarding climate change issues, particularly with respect the green building
standards.
The following members of the public submitted requests to speak in support of the proposed
report, but did not speak:
Alexandra Hart, San Diego resident, representing Apollo Alliance
Pamela Bensoussan, Chula Vista resident
Deputy Mayor Rindone suggested that staff include procedures for retrofitting and updating
existing building facilities in the draft regulations on new construction.
Director of Conservation and Environmental Services Meacham responded to, and clarified
comments made by some of the speakers.
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ACTION ITEMS (Continued)
Mayor Cox suggested that in future, the City's Resource Conservation Commission and Planning
Commission be consulted prior to bringing these types of items to Council for consideration.
Mayor Cox stated that each of the seven Climate Change Working Group recommendations
would be addressed separately.
I. 100% Clean Vehicle Purchasing Policy
2. Encourage others to adopt Clean Vehicle Policy.
Mayor Cox requested that if the difference in costs on future bids for contract services on fuel-
efficient vehicles was dramatic, the Council would weigh in on the decision. City Manager
Garcia responded that this could be included in the bid criteria.
Deputy Mayor Rindone suggested adding the option of hydrogen fuel cell vehicles to
recommendation 2..
3. Business Energy Assessments
Mayor Cox expressed concern about funding required for the proposed energy assessments with
anticipated funding from the California Public Utilities Commission, and whether the funding
would be adequate to perform the audits every three years. She spoke in support of further
studies on the matter by staff.
Councilmember Ramirez suggested that the item be adopted by the Council as presented by the
Working Group.
City Manager Garcia stated he was concerned about adopting any kind of broad based regulatory
issues without a public process, where the people most impacted by this were consulted.
Deputy Mayor Rindone suggested that recommendation 3 be modified to perform energy
assessments upon change of ownership of existing businesses, and every five years thereafter to
avoid over-regulation.
Councilmember Ramirez suggested that the business community be included in the
implementation process of the proposal, and urged the Council to think about the long-term
effects of the proposal.
4. Green Building Standards
Mayor Cox suggested that as the Working Group moves forward with an implementation plan
for green building standards, to coordinate with the Building and Planning Department on
establishing a "green team" and to look at impacts of green building standards on small
businesses.
Councilmember Castaneda spoke of the need for serious engagement between the Building
Industry Association and the City to get input on implementation of the proposed Climate
Change Working Group recommendations.
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ACTION ITEMS (Continued)
Hector Reyes, Working Group member, spoke with respect to recommendations 4 and 7, and the
need for good planning methods by the City, as well as how the Redevelopment Agency could
participate in creating incentive programs tied to green building standards.
5. Solar Energy Conversion Program.
6. Smart Growth around Trolley Stations
7. Lawn Turf Conversion Program
Mayor Cox suggested that if citizens were being encouraged to xeriscape their homes that they
be provided the necessary resources by staff, and to encourage the market to come forth and
offer the community easy accessibility to products.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution No. 2008-089, including
direction given by the Council to staff on each of the recommendations, heading
read, text waived.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE CHULA VISTA CLIMATE CHANGE WORKING
GROUP'S FINAL REPORT, ADOPTING RECOMMENDATIONS NO. I AND
NO.2 AS AMENDED BY STAFF AND DIRECTING STAFF TO RETURN TO
COUNCIL WITHIN 90 DAYS WITH MORE DETAILED
RECOMMENDATIONS REGARDING ITEM NOS. 3-5 AND 7
Councilmember McCann seconded the motion.
ACTION:
Councilmember Ramirez moved to amend the proposed resolution as follows:
RESOLUTION NO. 2008-089, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING THE CHULA VISTA CLIMATE
CHANGE WORKING GROUP'S FINAL REPORT, ADOPTING
RECOMMENDATIONS NO. I :\ND NO.2 ;\8 AMBNDED BY 8T,\FF 1
THROUGH 7 AND DIRECTING STAFF TO RETURN TO COUNCIL
WITHIN 90 DAYS WITH MORE DETAILED RECOMMENDATIONS
REGARDING ITBM ~I08. 3, 5 ,\ND 7 AN IMPLEMENTATION PLAN
Councilmember Castaneda seconded the motion.
ACTION:
Deputy Mayor Rindone clarified his original motion to adopt the resolution as
amended to adopt all seven recommendations as proposed, and direct staff to
begin the process of providing the implementation recommendations to the
Council in 90 days. Councilmember McCann seconded the motion.
Councilmember McCann called for the vote.
ACTION:
Mayor Cox suggested that staff look positively at Items I through 7, and to give staff guidelines
to bring back implementing guidelines; to include the Resource Conservation Commission and
Planning Commission, and other interested parties; and should staff return with implementing
guidelines that did not mesh because of additional information obtained, that the information be
brought forward to the Council.
The motion carried 5-0.
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At 9:37 p.m., Mayor Cox recessed the meeting. The Council reconvened at 9:45 p.m., with all
members present. The remaining Public Comments and Items 8 and 9 were heard at this time.
OTHER BUSINESS
II. CITY MANAGER'S REPORTS
There were none.
12. MAYOR'S REPORTS
ACTION:
Ratification of appointment of Anthony Jemison to the Board of Ethics.
Deputy Mayor Rindone moved to ratify the appointment of Anthony Jemison to
the Board of Ethics. Councilmember Ramirez seconded the motion and it carried
5-0.
Mayor Cox announced that the second Citizens Leadership Academy was scheduled for April 2,
2008, at 5:30 p.m. in the Council Chambers.
13. COUNCIL COMMENTS
Councilman Ramirez
Request for Council consideration for the following:
A. Creation of a Sister City Program with Tijuana, Mexico.
Councilmember Ramirez moved to direct the City Manager, via the International
Friendship Commission, to make contacts and establish a sister city program with
Tijuana, Mexico. Councilmember McCann seconded the motion.
Deputy Mayor Rindone moved to offer a substitute motion to refer to the
International Friendship Commission, consideration of a sister city program with
Tijuana. Mayor Cox seconded the motion, and it carried 5-0.
Councilmember Ramirez moved to direct staff to adopt a sister city program,
should they agree, with Tijuana, Mexico. Councilmember McCann seconded the
motion and it carried 3-2, with Mayor Cox and Deputy Mayor Rindone voting no.
B. Support for the International Friendship Games.
ACTION:
ACTION:
ACTION:
Councilmember Ramirez explained the proposed athletics program that would include soccer,
boxing and archery and would be held at the Olympic Training Center. He stated this would be a
great opportunity to promote the City and the Olympic Training Center. He asked for staffs
assistance with facilitating the proposed games, and gave his commitment that no City funds
would be used for the program.
Deputy Mayor Rindone stated that he could not support using City staff, since this would be
utilizing City funds, unless staff performed the duties on a volunteer basis.
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COUNCIL COMMENTS (Continued)
Mayor Cox asked for clarification of the intent to use staffs time and Councilmember Ramirez
responded that staff services would be needed for press releases and assistance with graphic
design.
Councilmember McCann stated that there were many non-profit organizations seeking similar
assistance from the City, and that it was important to provide fairness to all organizations.
Councilmember Castaneda suggested that any member of the Council who wished to champion
efforts such as what was being proposed by Councilmember Ramirez, and utilizing City
resources, that an explanation of what would be required be brought forward for Council
consideration.
C. Reconsideration of holding the Taste of the Arts Festival
Councilmember Ramirez stated that the City could have the ability to move forward with the
Taste of the Arts event at no cost to the General Fund, by scaling down the event, utilizing only
the usual staff time to put the event together, and conducting the event at a local gymnasium,
such as Parkway Gymnasium. He also suggested collaboration with the local school districts and
Southwestern College, who had expressed interest in using their resources. City Manager Garcia
responded that although the event was cancelled, staff would be proceeding with the art
competition portion of the program, and clarified that the $30,000 event would not proceed.
Councilmember Ramirez asked the Council to join the "Save the Taste of the Arts Festival in
Chula Vista" Committee, and to support continuance of the Taste of the Arts program with no
paid staff support, no general funds, and to ask for volunteer assistance with accomplishing this.
It was the consensus of the Council to accept the item as an information item that
Councilmember Ramirez and his staff intend to host a "Save a Taste of the Arts" event, and
encourage people to come forth and assist with these efforts, and to name the event "Taste of the
Arts Festival in Chula Vista".
CLOSED SESSION
14.
CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(B)
One case
This item was not discussed and no action was taken.
15.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Deanna Mory, et al. v. City of Chula Vista, et aI., United States District
Court, Case No. 06 CV 1460 JAH (BLM)
B. Deanna Mory, et al. v. City of Chula Vista, et al, United States District
Court, Case No. 07-CV-0462 JLS (BLM)
These items were not discussed and no action was taken.
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16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Earl Jentz v Deborah Seiler (SDSC 37-2008-0080752-CU-MC-CTL)
ACTION:
Approval given to legal counsel to defend the City.
,
ADJOURNMENT
At 10:49 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on April 3,
2008 at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting of April 8, 2008
at 6:00 p.m., in the Council Chambers.
~
.-- Lorraine Bennett, CMC, Deputy City Clerk
C-.
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~
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MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April 3, 2008
6:00 p.m.
An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 6:07 p.m. in the Chula Vista Council Chambers, located at 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Garcia, City Attorney Moore, and Interim City Clerk
Norris
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
PUBLIC COMMENTS
Steve Miller, representing the Chula Vista Firefighters, asked the Council to work together and
get though the budget reductions in the next 30 days.
BUDGET WORKSHOP
I. Report on the City Manager's Proposed Budget Reductions. (City Manager)
City Manager Garcia discussed the financial condition of the City, and the need for reductions
for the 2008/2009 budget. He presented his recommendations for a balanced 2008/2009 budget,
as well as a fmancial forecast through 2013.
Finance Director Kachadoorian discussed Chula Vista's Transient Occupancy Tax rates, and
compared them to the rates of other cities within San Diego County. She also provided
information on self-assessment districts, similar to the City of San Diego's Tourism Marketing
District. Deputy Mayor Rindone requested clarification on Proposition 218 requirements for
self-assessment districts, and Ms. Kachadoorian responded that Proposition 218 would apply, but
voting would be by the affected hotels and motels only. Ms. Kachadoorian added that an
increase to the Transient Occupancy Tax rate would require a vote of the public.
Budget and Analysis Director Van Eenoo presented the proposed reductions for a balanced
2008/2009 budget.
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Councilmember Castaneda suggested that the proposed budget reduction regarding take home
cars in the Police Department be expanded to all departments, and should be limited to those
employees on 24-hour-call.
It was the consensus of the Council to remove the Mobilehome Inspection Program from the
proposed reduction list (Proposed Budget Reduction No. 56).
ACTION: Councilmember Castaneda moved to remove the conversion of Fire Engine Company
57 to a reserve company and the elimination of Battalion 52 (Proposed Budget
Reduction Nos. 87 and 88) from the proposed reduction list. Councilmember
McCann seconded the motion, and it carried 5-0.
Mayor Cox asked that the fIrefIghters work with the City Manager to fInd alternative ways to
save 1.3 million dollars.
The following individuals spoke in opposition to the proposed reductions in the Fire Department
budget:
. Sean Lowery, Chula Vista resident and Chula Vista Fire Department employee
. Mike Nash, Chula Vista resident, representing Local 2180 and the Chula Vista Fire
Department
. Kurt Baca, Chula Vista resident, representing the Chula Vista Fire Department
. Trevor Flores, Chula Vista resident
. David Margetts, Chula Vista resident
Stephen Nelson, Chula Vista resident, spoke in opposition to the budget reduction process and
the lack of data supporting the City's budget and the proposed cuts. Mayor Cox asked Mr.
Nelson to provide his contact information in order for staff to provide him with the requested
data. City Manager Garcia added that the information was available on the City's website.
Gerald Scott, Chula Vista resident, spoke regarding the operating budget for jail operations. He
recommended closing the jail, and placing the prisoners in the County jail.
Theresa Acerro, Chula Vista resident, stated that the budget for the Mayor's office was
excessive. She also spoke in favor of eliminating auto allowances for all employees as well as
the budget for the Chamber of Commerce.
Lisa Cohen, CEO, Chula Vista Chamber of Commerce, clarifIed that the Chamber of Commerce
received funds from the City to run its Convention and Visitors Bureau, and spoke of the
importance of the services provided by the Bureau to promote the City. She also spoke in favor
of a self-assessment district for hotels and motels.
ACTION: Deputy Mayor Rindone moved to direct the City Manager to hold a future workshop
on self-assessment districts. Councilmember Ramirez seconded the motion and it
carried 4-1, with Councilmember McCann voting no.
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Michael Mace, Chula Vista resident and Downtown Chula Vista business owner, spoke in favor
of eliminating the PBID (Property-based Business Improvement District), and voluntary funding
of the PBID, stating that the formation of the district was in violation of the laws regulating
PBID formation. He also recommended the PBID petition process be started over, allowing
property owners to decide how the funds should be spent, without the involvement of the City,
County, and school districts.
Deputy Mayor Rindone and CounciImember Castaneda recused themselves from discussion of
PBID out of an abundance of caution due to the proximity of their residences to the PBID area.
They left the dais at 8:24 p.m.
Greg Mattson, President of Third A venue Village Association, representing the Board of
Directors, spoke in opposition to the proposed elimination ofPBID (Proposed Budget Reduction
No.8), and described benefits the City received as a result of PBID. Mr. Mattson also noted a
correction to the staff report, stating that the association receives $25,000 from business licenses,
not $162,000.
Deputy Mayor Rindone and Councilmember Castaneda returned to the dais at 8:30 p.m.
Marvin Winters, Chula Vista resident, spoke in opposition to decreases in the Police
Department's budget, and expressed concern over the resulting effects on needed training. Mr.
Winters requested a private discussion regarding recent police incidents, and Mayor Cox referred
the matter to the Police Chief.
Bob Thomas, representing CAST (Chull'! Vista Citizens Adversity Support Team), spoke in
opposition to reductions to the Fire Department's budget.
Mayor Cox called a recess at 8:35 p.m. The City Council reconvened at 8:54 p.m., with all
members present.
Steve Palma, Chula Vista resident and City volunteer, spoke in opposition to Councilmember
Castaneda's recommended staff reductions in the Mayor's office. Mayor Cox advised Mr.
Palma that this item was on the April 3, 2008 Special Meeting agenda.
Discussion regarding Item I, the City Manager's proposed budget reductions, continued after
consideration ofItem 3.
2. Report on the Early Retirement Program. (Human Resources Director)
Human Resources Director Raskin presented the proposed early' retirement program, and
provided details of the program, including employee eligibility and potential cost savings for the
City. Ms. Raskin added that the matter would be brought back on April 22, 2008 for Council
action.
ACTION: Deputy Mayor Rindone moved to direct staff to return to the Council at its meeting of
April 22, 2008 with additional information and a resolution for Council action.
CounciImember Ramirez seconded the motion, and it carried 5-0.
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3. Consideration of Elimination of Scheduled COLA Salary Increases for Management and
Hourly Employees.
Executive, Senior, and Middle managers are scheduled to receive a four-percent salary
increase in January 2009. Unclassified hourly employees are scheduled to receive a four-
percent salary increase in July 2008, which was delayed from January 2008, and a four-
percent salary increase in January 2009. Due to the fmancial constraints the City is
experiencing, it is recommended that these scheduled salary adjustments for all
management and unclassified hourly employees be eliminated. (City Manager)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ELIMINATING THE SCHEDULED FISCAL YEAR 2009 COST OF LIVING
SALARY INCREASES FOR MANAGEMENT AND UNCLASSIFIED
HOURL Y EMPLOYEES
ACTION: Mayor Cox moved to approve staff's recommendation. Deputy Mayor Rindone
seconded the motion.
ACTION: Councilmember Castaneda offered a substitute motion to continue the item for 30
days in order to have a better picture of the fmal proposed budget. Councilmember
McCann seconded the motion. Councilmember McCann called for the vote on the
substitute motion, and it carried 3-2, with Deputy Mayor Rindone and
Councilmember Ramirez opposed.
Discussion regarding Item I continued at this time.
Councilmember Ramirez suggested the department-recommended budget amendments that were
not included with the City Manager's recommendations, and other suggestions for reductions,
such as the operating costs of the jail, be brought back in the next 30 days.
Councilmember Castaneda recused himself from discussion of the operating costs of the jail, due
to the proximity of his residence to the jail. He left the dais at 9:39 p.m.
Police Chief Emerson addressed the issues relating to the operating costs of the jail, and stated
that he would return to the Council with a full summary of the operating costs of the jail. Mayor
Cox suggested including the in-custody report that was previously provided to the Council.
Councilmember Castaneda returned to the dais at 10:08 p.m.
It was the consensus of the Council to reserve the regular City Council meeting of April 15, 2008
for further budget reduction discussions, as well as the workshop scheduled for May I, 2008, if
needed.
ACTION: Councilmember McCann moved to direct staff to return to the Council with an
inventory of non-core, non-performing City-owned properties, excluding those
currently under an exclusive negotiating agreement, and their estimated values, in
order to look at the potential of selling properties to create a source of revenue.
Councilmembe~ Castaneda seconded the motion, and it carried 5-0.
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Councilmember McCann suggested using solar panels for recreation centers and other City
facilities. City Manager Garcia responded that this would be included with the Climate Change
Working Group's recommendations. Councilmember McCann also suggested exploring funding
sources to purchase solar panels for at least one recreation center.
Councilmember Castaneda requested that staff return with an inventory of all entities that owe
the City money.
Councilmember McCann requested that the recommended reduced position and potential layoff
in the Information Technology department (Proposed Budget Reduction No. 13) have priority for
reinstatement if savings are realized from the early retirement program.
Regarding the Mobilehome Inspection Program (Proposed Budget Reduction No. 56), after
receiving additional information from staff, the Council confIrmed its consensus to remove this
item from the proposed reductions.
Regarding the elimination of Fire Department reductions, Mayor Cox requested that Steve
Miller, representative for the Chula Vista Firefighters, work with the City Manager to fmd ways
to reduce overtime costs. Councilmember Castaneda requested that any reductions not impact
public safety.
ACTION: Councilmember McCann moved to eliminate the proposal to turn off 1,058 street
lights on non-residential streets from the proposed reductions (Proposed Budget
Reduction No. 90). Deputy Mayor Rindone seconded the motion, and it carried 3-2
with Mayor Cox and Councilmember Ramirez voting no.
ACTION: Councilmember Castaneda moved to direct staff to return with all proposed budget
reductions that were not taken at the previous budget workshop. Councilmember
McCann seconded the motion, and it carried 5-0.
ACTION: Councilmember Castaneda moved to direct staff to return with an inventory of car
allowances provided to all employees, and the duties the respective positions have,
including those of the Mayor and Council. Councilmember McCann seconded the
motion, and it carried 5-0.
OTHER BUSINESS
4. CITY MANAGER'S REPORTS
City Manager Garcia announced that former Assistant City Manager, David Palmer, was in the
hospital with bacterial meningitis. Mayor Cox requested that an address for Mr. Palmer be
provided to Council to send well wishes.
5. MAYOR'S REPORTS
There were none.
6. COUNCIL COMMENTS
Councilmember McCann stated that his thoughts and prayers were with Mr. Palmer and his
family.
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Deputy Mayor Rindone:
CONSIDERATION OF RECOMMENDATION TO FULLY IMPLEMENT MAYOR
AND COUNCIL BUDGET REDUCTIONS
The City Council has twice voted to reduce the Fiscal Year 2007/2008 budgets of the
Mayor and each Council Seat by at least 10%. Per memorandum sent by the City's
Finance Director dated March 11,2008, to date, the Mayor and Administration budgets
have been reduced by 10.5%, exceeding the goal. Council Seats 2 and 3 have also met or
exceeded the 10% goal with budget reductions of 10.0% and 10.3% respectively.
Council Seats I and 4 have each reduced their budgets by 5%. (Deputy Mayor Rindone)
Councilmember's recommendation: City Council adopt the following resolution:
RESOLUTION NO. 2008-090, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DIRECTING THE CITY MANAGER TO
ENACT THE CITY COUNCIL BUDGET RECOMMENDATIONS
ACTION: Deputy Mayor Rindone moved to approve staff's recommendation and adopt
Resolution No. 2008-090, heading read, text waived. Mayor Cox seconded the
motion, and it carried 4-1, with Councilmember Ramirez voting no.
ACTION: Mayor Cox moved to continue the items of the Special Meeting of April 3, 2008 to
the Council Meeting of April 15, 2008. Councilmember McCann seconded the
motion.
Discussion ensued among the Council regarding the continuance of these items.
ACTION: Mayor Cox called for the vote, and the motion carried 3-2 with Councilmembers
Castaneda and Ramirez voting no.
Councilmember Castaneda requested that the City Clerk place the items from the Special
Meeting agenda on the next budget agenda.
ADJOURNMENT
At II :57 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of April 8, 2008 at
6:00 p.m. in the Council Chambers.
Lt~f~
Donna R. Norris, CMC, Interim City Clerk
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