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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. Page! - Council Agenda http://www .chulavistaca. ~ov ! dL ! iv" ! April!, 2008 DRAFT 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 1,1 '? ir-~ DRAFT 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 Page 3 - Council Minutes April I , 2008 IA-3 DRAFT 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. Page 4 - Council Minutes April!,2008 '11-4 ". ..... DRAFT 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) Page 5 - Council Minutes April l, 2008 I A-5 '-- DRAFT 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. Page 6 - Council Minutes April I, 2008 J,A -6 DRAFT 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) Page 7 - Council Minutes April!, 2008 //4 ~ 7 '. . DRAFT 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. Page 8 - Council Minutes April 1, 2008 JA-f: DRAFT 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. Page 9 - Council Minutes April 1, 2008 /A .1 DRAFT 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. I Page 10 - Council Minutes I 1_- April 1, 2008 I A -,/0 DRAFT 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. Page II - Council Minutes April I, 2008 f 11 --} ! .,r ' DRAFT 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. Page 12 - Council Minutes April!,2008 / ,4-12- . DRAFT 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. Page!3 - Council Minutes April!, 2008 ,/ '::;; ,_. - -" DRAFT 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-. ,,~ ~ Page 14 - Council Minutes April I , 2008 / A- -ILf DRAFT 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. Page 1 - Council Minutes htto://www.chulavistaca.e:ov April 3, 2008 ./ ,;;:=.1 ;'./ DRAFT 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. Page 2 - Council Minutes htto :llwww.chulavistaca.20V April 3, 2008 / /2 ""? ~' /....,1- ,,;...., DRAFT 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. Page 3 - Council Minutes http://www.chulavistaca.gov April 3, 2008 9 '2 _/--.:.J DRAFT 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. Page 4 - Council Minutes htto:llwww.chulavistaca.2ov April 3, 2008 I n II ! (::>-i .", . DRAFT 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. Page 5 - Council Minutes htto:/ /www .chulavistaca ~ov April 3, 2008 / B -'5 DRAFT 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 Page 6 - Council Minutes htto:/ /www .chulavistaca. ~ov April 3, 2008 / !3-~ -- '. .~: