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HomeMy WebLinkAboutcc min 2008/04/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 15, 2008 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6: I 7 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: McCarm, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: Castaneda (excused) 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 CONSENT CALENDAR (Items I through 5) Deputy Mayor Rindone stated he would be abstaining from voting on Item I, since he was absent from the meeting of March I I, 2008. Councilmember McCann stated he would be abstaining from Item 2, due to the proximity of his property to the proposed project. Mayor Cox armounced that these items would be removed from the Consent Calendar and considered separately. Item 4 was removed from the Consent Calendar for discussion by Councilmember Ramirez. I. This item was removed from the Consent Calendar. 2. This item was removed from the Consent Calendar. 3. RESOLUTION NO. 2008-096, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "SEWER REHABILITATION PROGRAM-PHASE I, FISCAL YEAR 2005/2006 AND FISCAL YEAR 2006/2007 AND FISCAL YEAR 2007/2008 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW- 240A)" PROJECT, AUTHORIZING THE TRANSFER OF A V AILABLE SEWER FACILITY REPLACEMENT FUNDS INTO THE PROJECT FROM THE EXISTING 2006/2007 AND 2007/2008 SEWER REHABILITATION PROGRAM, AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT (4/5THS VOTE REQUIRED) On March 5, 2008, the Engineering and General Services Director received seven sealed bids for the project. The project will replace existing broken sewer mains and laterals, repair cracked sewer lines, and replace asphalt concrete pavement in various locations throughout the City. (Engineering and General Services Director) Council adopt the resolution. 4. This item was removed from the Consent Calendar. Page 1 - Council Agenda http://www .chulavistaca. !lOY April 15. 2008 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2008-098, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $45,000 FROM THE AVAILABLE BALANCE OF THE TRANSIT FUND FOR UPGRADING THE SECURITY CAMERA SYSTEM AT THE JOHN LIPPITT PUBLIC WORKS CENTER AND AMENDING THE FISCAL YEAR 2007/2008 TRANSIT CAPITAL BUDGET (4/5THS VOTE REQUIRED) The current security camera system, which dates to 2002, at the Public Works Center needs to be enhanced and upgraded to increase security. The existing system does not use low light level cameras and fails to focus on critical areas of the Public Works Center, such as the Natural Gas Fueling Station, Hydrogen Electrolizer, and Fuel Dispensers. (Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendar (Items 3 and 5), headings read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. APPROVAL OF MINUTES of the Regular Meeting of March II, 2008 and the Special Meeting of March II, 2008. Staff recommendation: Council approve the minutes. ACTION: Mayor Cox moved to approve staffs recommendation and offered Item I, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 3-0-1, with Deputy Mayor Rindone abstaining. 2. ORDINANCE NO. 3112, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD (SECOND READING AND ADOPTION) PRII Windstar Pointe Resort Master, LLC (Applicant/Developer) is proposing to develop an apartment project, consisting of 494 units, on an 18.4-acre buildable portion of a 30.5- acre site (Windstar Pointe Resort Project). The remaining 12.1 acres are dedicated open space. The project consists of amending Eastlake III Sectional Planning Area Plan to remove the existing "Active Seniors" designation for 18.4 acres and replacing it with a new designation that allows for the development of a market-rate multi-family residential project. This ordinance was introduced on April 8, 2008. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. ACTION: Mayor Cox moved to approve staffs recommendation and offered Ordinance No. 3112, heading read, text waived. Deputy Mayor Rindone seconded the motion and it carried 3-0-1, with Councilmember McCann abstaining. Page 2 - Council Minutes April 15, 2008 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2008-097, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE SAFELY SURRENDERED BABY PROGRAM AND DESIGNATING CHULA VISTA FIRE STATIONS AS SAFE SURRENDER SITES In 2001, SB1386 became law and established the Safely Surrender Baby program. The purpose of the law is to encourage parents to bring unwanted infants, up to 72 hours old, to reception centers such as hospitals or fire stations, rather than abandon them in dumpsters or bushes. No names are required and the parent(s) will not be subject to prosecution for child abandonment. The Fire Department is requesting that Council adopt the resolution that designates the City's nine fire stations as safe baby havens. (Interim Fire Chief) Staff recommendation: Council adopt the resolution. Interim Fire Chief Geering provided information on the Safely Surrender Baby program. Deputy Mayor Rindone noted that the Safely Surrender Baby program sign would be displayed at the entrance of the fire stations. Councilmember Ramirez stated that the public should be notified about the program. Mayor Cox added that any woman who had delivered a baby and needed help, could call 211, a help line service. ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No. 2008-097, heading read, text waived. Deputy Mayor Rindone seconded the motion and it carried 4-0. PUBLIC COMMENTS Willard Howard, Chula Vista resident, spoke about the need for street improvements within the Castle Park neighborhood. He stated that the Council should not be enforcing any rules and regulations in the area until the streets and sidewalks were repaired in the area. Mayor Cox referred the matter to staff. William Hall, Chula Vista resident, representing a broad coalition of business organizations, San Diego Port Tenants Association, and the Working Waterfront Group, spoke in opposition to an initiative being circulated for the November ballot that proposed the redevelopment of the Tenth Avenue Marine Terminal, conceptually double-decking the terminal, and claiming to support maritime cargo operations. He stated that the proposal to build visitor-serving facilities such as restaurants and hotels 200 feet above maritime cargo operations, such as fuel tanks, sand and aggregate storage, container cranes, and strategic military cargo facilities made no financial sense. He recommended that the Council adopt a resolution to support the Port District Policy established in 2004, dedicating the Tenth Avenue Marine Terminal exclusively to maritime cargo operations. Mayor Cox announced that Council could only refer the matter to staff. Deputy Mayor Rindone referred the matter to staff for review and recommendation, and Councilmember McCann supported the referral. Page 3 - Council Minutes April 15, 2008 PUBLIC COMMENTS (Continued) Aya Ibarra, Chairperson for the International Friendship Commission, introduced members of the commission present at the meeting. Ms. Ibarra requested Council reconsideration of action taken at the meeting of April I, 2008, which directed staff to make direct contact with the City of Tijuana for formation of a sister city. Mayor Cox responded that if any of the Councilmembers who had voted to direct the City Manager to proceed with establishing a sister city with Tijuana, Mexico wished to reconsider the matter, they could request that it be placed on the next Council agenda. ACTION ITEMS 6. CONSIDERATION OF REPORT TO THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOMMENDING CHARGING FULL COST RECOVERY FEES FOR ANY NON-CITY-SPONSORED EVENTS REQUIRING POLICE SERVICES OR OTHER CITY STAFF AS PART OF THE SPECIAL EVENT PERMIT A request was made to replace the City's policy of charging full cost recovery for police services with a reduced rate for those services at two upcoming non-city-sponsored events. Full cost recovery includes all expenses associated with hiring officers for an event (hourly rate, gas, uniform, vehicle and other city overhead). Due to severe budget constraints, staff does not recommend approving a reduced rate for either event. (Communications Director/Police Chief) Police Chief Emerson spoke about the request by Third Avenue Village Association (T A VA) for consideration by the City to reduce fees for police services for the upcoming Cinco de Mayo and Lemon Festival events. He stated that if the City waived these fees, the fiscal impact would be $12,954 for both events. Jack Blakely, representing TAVA, clarified that they had not requested a waiver of the full cost of police services, but a reduction in cost to equal the officers' overtime plus 20 percent. He added that T A V A could not afford the full cost of police services for the events. Willard Howard, Chula Vista resident, stated that the citizens were entitled to 24-hour police service. He stated that full cost recovery should not be charged for community events that encouraged community spirit. Chief Emerson clarified that additional police officers were needed for special events, and those officers needed to be brought in on an overtime basis since there weren't sufficient resources in the patrol division to respond to calls for service otherwise. He stated that as a result of the City's budget reductions, the department was working with event promoters to have them pay for the overtime policing costs. Mayor Cox asked whether there was an opportunity to work with promoters on cooperative ventures with private security firms and police officers, to bear associated costs, but still ensure public safety. Chief Emerson responded that staff was working with T A V A to look at using civilian personnel and private security for non-sworn duties, reducing the costs so they could be funded by T AVA. ACTION: Deputy Mayor Rindone moved to charge Third Avenue Village Association a fee of actual cost plus 20 percent for the Cinco de Mayo and Lemon Festival events. Councilmember McCann seconded the motion and it carried 4-0. Page 4 - Council Minutes April 15, 2008 " ACTION ITEMS (Continued) 7. CONSIDERATION OF APPROVAL OF A LAND OFFER AGREEMENT BETWEEN THE CITY AND OT A Y LAND COMPANY FOR CONVEYANCE OF 2 I 0 ACRES TO THE CITY FOR UNIVERSITY/REGIONAL TECHNOLOGY PARK DEVELOPMENT AND MITIGATION PURPOSES One of the key goals of the Chula Vista General Plan is the development of a university/regional technology park. Successful implementation of the land offer agreement would further this goal through the receipt by the City of 210 acres of developable/mitigation land as well as two million dollars for university recruitment/planning. (Planning and Building Director) Planning and Building Director Sandoval presented the proposed land offer agreement. Curt Noland, representing Otay Land Company, spoke in support ofthe proposed agreement. Ken Baumgartner, representing McMillin Companies, requested that planning of the Eastern Urban Center continue between the City and McMillin Companies, and not be placed on the back burner as a consequence of the university planning effort. He added that the proposed Eastern Urban Center development would complement and add to the success of the university, and generate revenue for the City. Councilmember McCann stated that he looked forward to working with Otay Land and Otay Ranch for consideration of endowments for local scholarships in the future. ACTION: Councilmember Ramirez moved to adopt Resolution No. 2008-099, heading read, text waived. RESOLUTION NO. 2008-099, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND OT A Y LAND COMPANY FOR CONVEYANCE OF 210 ACRES TO THE CITY FOR UNIVERSITYIREGIONAL TECHNOLOGY PARK DEVELOPMENT AND MITIGATION PURPOSES, ACKNOWLEDGING THE OFFERS OF DEDICATION AND ACCEPTANCE OF ONE MILLION DOLLARS FOR UNIVERSITY RECRUITMENT AND PLANNING PURPOSES Deputy Mayor Rindone seconded the motion and it carried 4-0. At 7:46 p.m., Mayor Cox recessed the meeting. The Council reconvened at 8:02 p.m., with all members present, except Councilmember Castaneda. BUDGET WORKSHOP 8. Report on the City Manager's Proposed Budget Reductions. (City Manager) City Manager Garcia summarized what had occurred with the City's budget over the past 18 months. He then presented a summary of new proposed budget reductions in order to reach a balanced general fund budget for fiscal year 2008/2009 that included implementation of a retirement incentive program, continued hiring freeze, and eliminating scheduled pay increases for management and hourly employees. Page 5 - Council Minutes April 15, 2008 BUDGET WORKSHOP (Continued) Richard Preuss, representing SEIU 221 and Chula Vista Employees Association spoke in support of the proposed budget reductions with the exception of proposed elimination of a Micro Computer Specialist (Budget Reduction Proposal 13), a Storekeeper/Custodian (Budget Reduction Proposal 48), and a Senior Office Specialist (Budget Reduction Proposal 115). He stated that these were valuable services provided by valuable employees, and asked for Council consideration to keep the three positions in the budget. Gary Bosinger, Chula Vista resident, spoke with respect to the proposed elimination of his position of Micro Computer Specialist (Budget Reduction Proposal 13). He stated that his position was crucial to City services, primarily the Library, but also the Police and Fire Departments. He asked that Council not approve elimination of his position, as well as other positions, from the budget. Rob Greenway, representing the City's Custodial Division, provided a scope of the work provided by the General Services Custodial Division, stating that staffing in the division was currently half of the original staff. He stated that any further reductions in staffing could potentially create health and safety issues in the City. He asked that Council not approve the proposed elimination of the custodial position (Budget Reduction Proposal 48). Esther Herrera, Senior Office Specialist (Budget Reduction Proposal 115) in the Planning and Building Department described her daily responsibilities and duties that included serving as a key player in customer service, stating that her job was critical to the City. Charles Schrader, Chula Vista resident, representing Chula Vista Employee Association and SEIU, stated that the proposed budget reduction for Custodian (Budget Reduction Proposal 48), would reduce the custodial staff to half. He spoke about the impacts of additional work on existing custodial staff, and stated that it was vital to maintain adequate staffing to provide necessary services for the City. Jack Blakely, representing the Third Avenue Village Association Board of Directors, spoke regarding the elimination of the property based improvement district assessment, stating that this was a proposition 218 issue, and that the Board was continuing to meet with City staff to ensure a win-win situation. Theresa Acerro stated that there needed to be a balance between jobs and housing in the City, as a result of a deficit in residential housing, and the need for structural changes in the way the budget was prepared. Councilmember Ramirez encouraged staff to move forward to recover outstanding debts owed to the City by Scripps Hospital. With respect to City-owned properties, he stated that it was necessary to live within our means and right sizing, and that the City should not be looking for short-term savings or revenue sources. Regarding the use of City vehicle allowances, Councilmember Ramirez stated that he would be proposing the elimination of all car allowances, and placing the resulting $260,000 savings in the general fund. With respect to the Police Department holding facility cost comparison, he stated that. as a result of a report from the Police Chief, there was no need to investigate the matter further. Page 6 - Council Minutes April 15, 2008 _J BUDGET WORKSHOP (Continued) City Manger Garcia spoke with respect to the comment by Councilmember Ramirez regarding elimination of car allowances, and clarified that that would not result in savings of $260,000, since a significant amount of the total would have to be allocated to mileage. ACTION: Mayor Cox moved to adopt the resolution under Item 9. Deputy Mayor Rindone seconded the motion. ACTION: Councilmember Ramirez moved to offer a friendly amendment that prior to final adoption of the budget, staff provide a report to the Council with an analysis of costs for elimination of car allowances, and provide an opportunity for the Council to make a decision. The motion failed for lack of a second. Mayor Cox withdrew her motion since Item 9 was not under consideration at this time, and clarified that Item 8 required only acceptance of the report. It was the consensus of the Council to accept the report. City Manager Garcia provided an overview of the three proposed recommendations, which included a hiring freeze, an early retirement incentive, and elimination of salary increases for management and hourly, staff. He clarified that the hiring freeze would be performed administratively, the early retirement incentive was previously approved by the Council and was scheduled to be placed on the April 22, 2008 agenda for adoption, and the recommended elimination of scheduled COLA salary increases for management and hourly employees, was indicated under Item 9 of the current agenda, and would require action by the Council. Deputy Mayor Rindone spoke about City-owned properties, suggesting that the City Manager designate a task force to look at properties that may not be of benefit to the City, and provide a report back to Council in 60-90 days. Councilmember McCann also addressed the listing of City-owned property, and suggested that staff look at properties, such as vacant lots in residential areas, that would present a liability to City, and bear maintenance costs by the City. Additionally, since the properties would not be on the tax roles, there would be no revenue generated for the properties. He suggested that the City Manager return to Council with a report in 60-90 days. 9. 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 financial constraints the City is experiencing, it is recommended that these scheduled salary adjustments for all management and unclassified hourly employees be eliminated. (City Manager) Page 7 - Council Minutes April] 5,2008 BUDGET WORKSHOP (Continued) City Manager Garcia gave an explanation of the proposed elimination of salary increases for Management and Hourly employees. ACTION: Mayor Cox moved to adopt Resolution No. 2008-100, heading read, text waived. RESOLUTION NO. 2008-100, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ELIMINATION OF THE SCHEDULED FISCAL YEAR 2008/2009 COST OF LIVING SALARY INCREASES FOR MANAGEMENT AND UNCLASSIFIED HOURLY EMPLOYEES, AND AUTHORIZING THE CITY MANAGER TO REINSTATE ALL OR PART OF THE PAY RAISES DEPENDENT UPON THE A V AILABILITY OF FUNDING Councilmember McCann seconded the motion and it carried 4-0. 10. Continuation of Fiscal Year 2008/2009 Mayor and Council Budget from the March 6, 2008 workshop and the April 3, 2008 special meeting. (Continued from April 3,2008) Prior to addressing the Budget Subcommittee recommendations for the fiscal year 2008/2009 Mayor and Council budget, Mayor Cox commented on what had occurred during past Council budget workshops regarding budget reduction issues in the Mayor and Council budgets, and subsequent actions taken by the Council. Mayor Cox described the Charter-mandated responsibilities of the Mayor and the duties of staff in the Mayor and Council office along with the associated budget issues involved. She stated that since her election in November 2006, the Mayor's budget was reduced by almost 50 percent, with a staff of two, and that her proposal for fiscal year 2008/2009 would include freezing the Coastal Advisor position. She then referenced a memorandum on the dais from the Budget Subcommittee to the Council, dated April 15, 2008, with proposed budget reductions in the department of Mayor and Council for fiscal year 2008/2009. Theresa Acerro, Chula Vista resident, stated that she was pleased with the progress on the proposed budget cuts. ACTION: ACTION: Mayor Cox moved to accept the budget reductions as proposed by the Budget Subcommittee, to be effective July I, 2008, with each Councilmember providing to the City Manager a memo by June 20, 2008 identifYing the line items from which $14,672 will be taken, additionally $2,310 will be taken from car allowance, for a total reduction of $16,982 for each Council seat's blocked budget. In the event this memo is not submitted, direction was given to the City Manager to make the necessary adjustments within each Councilmember's blocked budget to reach this amount. The car allowance would be restored if management's four percent raise is restored. Councilmember McCann seconded the motion. Councilmember Ramirez moved to amend the motion to accept the Budget Subcommittee recommendation, with an addition to adjust all funds being used in Mayor and Council budgets by another 10 percent, to be brought from Mayor's portion of the budget, bringing the total savings closer to $300,000, all of which would be used for maintenance work in city streets. The amended motion was not accepted. The motion carried 3-1, with Councilmember Ramirez voting no. Page 8 - Council Minutes April 15, 2008 , BUDGET WORKSHOP (Continued) ACTION: Councilmember Ramirez moved to reduce the Mayor's office budget by an additional 10 percent, and use the combined total savings toward street maintenance and repair. The motion died for lack of a second. OTHER BUSINESS 11. CITY MANAGER'S REPORTS There were none. 12. MAYOR'S REPORTS Mayor Cox recognized Dr. Emerald Randolph, and announced that the Chula Vista Citizens Advisory Support team (CAST) graduation ceremony was held last Saturday, with an additional six new volunteer members. Mayor Cox announced recognition of the City for an opportunity to implement energy efficiency in the City's six municipal facilities. Mayor Cox spoke about Proposition E, and informed the public of several documents that were available for public viewing, namely the City Attorney's impartial analysis, the argument against Proposition E, and the rebuttal to the argument in Favor of Proposition E, noting the court's decision to deny the writ of mandate filed against the City regarding two sentences within the argument. 13. COUNCIL COMMENTS Councilmember Castaneda CONSIDERATION OF RECOMMENDATION TO ADJUST THE FISCAL YEAR 2008/2009 MAYOR'S BUDGET (Continued from April 3, 2008) This proposal would adjust the Mayor's budget to two times that of one Council Office budget. This item was continued from the special meeting of April 3, 2008 and from the regular meeting of April 8, 2008. Councilmember recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO ADJUST THE FISCAL YEAR 2008/2009 MAYOR'S BUDGET This item was not discussed and no action was taken. Councilmember McCann referred to an article written by Councilmembers Castaneda and Ramirez, and thanked Natalie Flores and Lily Cesena for their apolitical service. He also congratulated the CAST graduates and wished all a good evening. Deputy Mayor Rindone congratulated Dr. Emerald Randolph and the CAST members. Page 9 - Council Minutes April] 5,2008 COUNCILMEMBER COMMENTS (Continued) Deputy Mayor Rindone noted the $212,000 budget savings from the Mayor and Council budget, and advised the City Manager to consider the savings for further issues that may arise. He then congratulated Mayor Cox on her leadership by taking a hard look at the budget. He stated that the City was making progress to reduce the strain on the community, an example being the progressive steps taken towards getting a major university in the City. Mayor Cox recessed the meeting to Closed Session at 10: I 0 p.m. CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases This item was not discussed. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Doss. Angela v. City ofChula Vista, San Diego Superior Court, Case No. GIS28616 This item was not discussed. Deanna Mory. et al. v. Citv of Chula Vista. et aI., United States District Court, Case No. 06 CV 1460 JAH(BLM) No reportable action was taken on this item. Deanna Mory. et al. v. City ofChula Vista. et aI., Cnited States District Court, Case No. 07-CV-0462 JLS (BLM) No reportable action was taken on this item. ADJOURNMENT At 10:28 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of April 22, 2008 at 6:00 p.m. in the Council Chambers. d~K~ Donna Norris, ~C, Interim City Clerk Page 10 - Council Minutes April 15, 2008