HomeMy WebLinkAbout2008/09/09 Item 1
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 8, 2008
6:00 P.M.
A regular meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m.
in the Council Chambers, located in City HaiL 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: McCann, Ramirez, Rindone, and Mayor Cox
ABSENT: Councilmembers: Castaneda (excused)
ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, Interim City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DA Y
. INTRODUCTION BY INFOR-MATION TECHNOLOGY SERVICES DIRECTOR
LOUIE VIGNAPLL\NO, OF EMPLOYEE OF THE MONTH, NESTOR P. JIMENEZ
JR., TELECOM..MlJNICA TIONS SPECIALIST
Information Technology Services Director Vignapiano imroduced Nestor Jimenez. Mayor Cox
then read the proclamation and Councilmember McCann presented it to Nestor.
. PRESENTATION OF A PROCLAMATION BY MAYOR COX TO K.A..THY CIEN-
MAYER, PARKS AND RECREATION COMMISSIONER, ANTI BOARD MEMBER
OF THE FRIENDS OF CHULA VISTA PARKS AND RECREATION,
PROCLAIMING JULY AS RECREATION AND PARKS MONTH IN THE CITY OF
CHULA VISTA
Recreation Director Martin introduced Kathy Cien-Mayer. Mayor Cox then read the
proclamation and Councilmember Ramirez presented it to Kathy.
. PRESENTATION BY NANCY LYTLE, ACTING PLA....NNING DIRECTOR, OF THE
"SM..A..RT GROWTH" AWARD FROM THE URBAN LANTI INSTITUTE FOR
THE CITY OF CHULA VISTA'S URBAN CORE SPECIFIC PLA...N
Deputy Mayor Rindone stated that he and Development Planning Manager, Mary Ladiana had
accepted, on behalf of the City, the prestigious "Smart Grov,,1h" award from the Urban Land
Institute, recognizing the City for its Urban Core Specific Plan.
Page I - Council Minutes
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July 8, 2008
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CONSENT CALENDAR
(Items 1 through 8)
Councilmember McCann stated he would abstain from voting on Item 4B, due to the proximity
of his property to the community facilities districts, and the item was removed from the Consent
Calendar. Item 8 was removed from the Consent Calendar for discussion by a member of the
public.
1. APPROVAL OF MINUTES of May 20,2008.
Staff recommendation: Council approve the minutes.
2. A. RESOLUTION NO. 2008-160, RESOLUTION OF THE CITY COlJNCIL OF THE
CITY OF CHULA VISTA RECITING THE FACT OF THE GENERA.L MUNICIPAL
ELECTION HELD IN THIS CITY ON JUNE 3, 2008, DECLARING THE RESULTS
THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
B. RESOLUTION NO. 2008-161, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2008-016, CALLING
A..'JD GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD
NOVEMBER 4, 2008, TO INCLUDE A SPECIAL RUNOFF ELECTION TO ELECT
TWO MEMBERS OF THE CITY COUNCIL, PURSUA..l"\!T TO THE CHULA VISTA
CHARTER
C. RESOLUTION NO. 2008-162, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO M,A.TERIALS SUBMITTED TO THE
ELECTORATE AT A SPECLA..L MUNICIPAL ELECTION TO BE HELD TUESDAY,
NOVEMBER 4, 2008
The Registrar of Voters has transmitted the certified results of the General Municipal
Election held on June 3, 2008. Elections Code Section 10262(b) requires the City Clerk,
as the City elections official, to certify the results of the election to the City Council,
which shall adopt a resolution reciting the fact of the election. Adoption of the resolutions
declares the results of the General Municipal Election, gives notice of the upcoming
Special Municipal Election, and adopts regulations pertaining to materials prepared by
candidates and the associated costs. (Interim City Clerk)
Staff recommendation: Council adopt the resolutions.
3. A. RESOLUTION NO. 2008-163, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING IRREVOC.AJ3LE OFFERS OF DEDICATION
FOR LOTS "GG" AND "M" OF SUBDIVISION MAP 14261 FOR PARK PURPOSES
A....ND APPROVING A REAL PROPERTY PURCHASE AGREEMENT BETWEEN
THE CITY AND N"NP-TRIMARK SAN MIGUEL RANCH, LLC FOR THE
ACQUISITION OF LOT 13 OF SUBDIVISION MAP 14261 WITHIN THE SAN
MIGUEL RANCH PLANNING AREA OF THE CITY OF CHULA VISTA
Page 2 ~ Council Minutes
July 8, 2008
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DR.A..FT
CONSENT CALENDAR (Continued)
B RESOLUTION NO. 2008-164, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CAPITAL
IMPROVEMENT PROGR.A..M BUDGET i\_ND APPROPRIATING $350,000 FROM
THE AVAILABLE PARK AND ACQUISITION DEVELOPMENT (PAD) FUND
BALA..NCE TO EXISTING CIP PR260 "SAN MIGUEL RANCH COMMlJNITY
PARK" FOR PARK PROPERTY ACQUISITION PURPOSES (4/5THS VOTE
REQUIRED)
The proposed community park at San Miguel Ranch is located at Paseo Veracruz and
Mount Miguel Road. Adoption of the resolutions enables the City to purchase one
additional acre to enlarge the park from 19.05 to 20.05 acres. (City Engineer/Engineering
Director)
Staff recommendation: Council adopt the resolution.
4. A. RESOLUTION NO. 2008-165, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2008/2009 WITHIN COMMUNITY FACILITIES
. DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-
I, 08-M, 08-1, 09-M, II-M, 12-1, 12-M, 13-1, AND 13-M AND DELEGATING TO THE
CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE
SPECIAL TAX FOR EACH DISTRICT
B. This item was removed from the Consent Calendar
Twenty-one Community Facilities Districts (CFDs) were formed during Fiscal Years
1998-2006. Each year, a special tax must be levied in each of the districts to pay for the
maintenance of open space preserve areas and maintenance of other public facilities, or to
repay bondholders. Adoption of the resolutions authorizes the levy of maximum special
taxes for the CFDs indicated. (City Engineer/Engineering Director)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION NO. 2008-167, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF TWO GR.A..NT
APPLICATIONS FOR FEDER.A..L SAFE ROUTES TO SCHOOL FUNDING CYCLE-2
TO IwlPROVE PEDESTRIlu"l FACILITIES ALONG I STREET AND ALONG MOSS
STREET
Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) authorized the Federal Safe Routes to School (SRTS)
Program in August, 2005. The U.S. Congress authorized a five-year federal funding for
the program. This resolution approves the tiling of grant application for two projects
under Cycle 2 of the Federal Safe Routes to School Program. (City
Engineer/Engineering Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes
July 8, 2008
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DRAFT
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2008-168, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTR.ACT FOR
THE "ADA C1JRB R."'-MPS FISCAL YEAR 2007/2008, PH.ASE 2 (STL334A)"
PROJECT TO H & D CONSTRUCTION CO. IN THE AMOUNT OF $104,997.50 AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL
A V AILABLE CONTINGENCIES IN THE PROJECT
On May 21, 2008, sealed bids were received for the project which consists of the
installation of ADA pedestrian ramps and other associated improvements and repairs on
various street intersections in the City. (City EngineerlEngineering Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2008-169, RESOLUTION OF THE CITY C01JNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTR.ACT FOR
THE "REAS SLURRY SEAL PAVEMENT REHABILITATION PROGRAM FISCAL
YEAR 2006/2007 (STL-340C)" PROJECT TO PAVEMENT COATINGS CO. IN THE
AMOUNT OF $1,559,200 AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
On May 14, 2008, sealed bids were received for the project. The work consists of the
removal and replacement of damaged asphalt concrete pavement and the application of
Rubberized Emulsion Aggregate Slurry (REAS) at various locations in the City. The
work for this project also includes sub-grade preparation, striping, pavement markings,
tramc control, and other miscellaneous work, and all laboL material, equipment, and
transportation necessary for the project. (City Engineer/Engineering Director)
Staff recommendation: Council adopt the resolution.
8. This item was removed from the Consent Calendar.
ACTION:
Mayor Cox moved to approve staffs recommendations and offered the balance of
the Consent Calendar. Items 1 throu2:h 4A and 5 through 7. headings read. text
waived. Deputy Mayor Rindone seconded the motion and it ~arried 4=-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. B. RESOLUTION NO. 2008-166, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2008/2009 WITHIN COMMUNITY FACILITIES
DISTRICTS 06-1 AND 07-M AND DELEGATING TO THE CITY MANAGER, OR
DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TA..X FOR EACH
DISTRICT
ACTION:
Mayor Cox moved to adopt Resolution No. 2008-166, heading read, text waived.
Deputy Mayor Rindone seconded the motion and it carried 3-0-1, with
Councilmember McCann abstaining.
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July 8, 2008
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ITEMS REMOVED FROM THE CONSENT CALEND.AR (Continued)
8. ORDfNANCE OF THE CITY OF CHULA VISTA A.MENDfNG SECTIONS 8.25.020,
8.25.070 AND 8.25.095 OF THE CHULA VISTA MUNICIPAL CODE (FIRST
READfNG)
In March 2008, Council approved amendments to Chula'Vista Municipal Code Chapter
8.25 - "Recycling," which incorporated language for a Construction and Demolition
Debris Recycling Program. The program requires a written waste management plan and
performance deposit to ensure that the waste management plan is fully implemented.
Adoption of this ordinance adds surety bonds, letters of credit or other surety acceptable
to the City Manager or designee as a form of payment for the performance deposit.
(Public Works Director)
Staff recommendation: Council hold first reading of the ordinance.
Harold West, Chula Vista resident, requested that that the Council table the ordinance, request an
updated survey from the State, have staff an1end the proposed ordinance, and get a recycling
plant up and running. He stated that the report to be filed, as required by the ordinance, was
difficult to understand, time consuming to complete, and unverifiable. If a deposit must be
implemented, he proposed one-quarter of one percent of the total cost of construction with a
$30,000 cap, and if commercial recycle dumpsters were used and verified, he proposed one-
eighth of one percent of the total cost of construction.
Discussion ensued between Councilmembers and staff regarding the $30,000 surety bond
required from the developers, and the complexity of the associated application forms.
Mayor Cox suggested that staff return to Council within two weeks re-evaluate the performance
deposit amount and if staff determined that having a deposit of an amount less than $30,000
would not encourage recycling, then staff should inform the Council of that as well.
ACTION:
Deputy Mayor Rindone moved to place the ordinance on first reading, heading
read, text waived. Councilmember McCann seconded the motion and it carried
4-0.
ACTION:
Deputy Mayor Rindone directed staff to return to Council, in a timely manner,
with an analysis of the size of the performance deposit and its impacts on small,
medium and large developers. Mayor Cox seconded the motion and it carried 4-0.
Mayor Cox requested that staff work with Mr. West on discussions about the performance
deposit and associated issues regarding the Construction and Demolition Debris Recycling
Program.
PUBLIC COMMENTS
'~
Steve Eastis, representing the Third A venue Village Association, encouraged the community to
attend the upcoming Village Vibes concert series, beginning on July 16th at 6:00 p.m. at
Memorial Park.
Page 5 - Council Minutes
July 8. 2008
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PUBLIC COMMENTS (Continued)
Willard Howard, Chula Vista resident, spoke in opposition to the cancelling of Fourth of Julv
fireworks. .
Councilmember McCann suggested that the budget item for fireworks be brought back to the
Council for consideration next year, and that the staff work with Port District to find funding for
fireworks.
PUBLIC HEARINGS
9. 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
DEUNQUENT CHARGES ON THE NEXT REGULAR TA"X BILL FOR
COLLECTION
Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer services charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property ta.x bills for collection. (Finance Director)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt the following Resolution No. 2008-
170, heading read, text waived:
,
RESOLUTION NO. 2008-170, RESOLUTION OF THE CITY COuNCIL OF
THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED UENS UPON THE
RESPECTIVE OW'NER-OCCUPIED PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CWill.GES ON THE NEXT REGULAR
T,.6,X BILL
Councilmember Ramirez seconded the motion and it carried 4-0.
10. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND A.ND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt the following Resolution No. 2008-171,
heading read, text waived:
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July 8, 2008
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DRAFT
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2008-171, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CH.liliGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TA.:X BILL
Councilmember Ramirez seconded the motion and it carried 4-0.
II. CONSIDERA TION OF TESTIMONY FOR THE FISCAL YEAR 2008/2009 LEVY OF
ASSESSMENTS AND COLLECTION OF THOSE ASSESSMENTS FOR CERTAIN
CITY OPEN SPACE DISTRICTS AND M.A.INTENA..NCE DISTRICTS
The City administers and maintains 36 Open Space Districts and associated zones that
have been established over the last 30 years. The Districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The levy of the annual assessment for Fiscal Year 2008/2009 will enable
the City to collect funds to provide these ongoing services. (City Engineer/Engineering
Director)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing. Councilmember McCann stated that he would be
abstaining from voting on Item II-B.
Deputy Mayor Rindone requested that in the future, staff reports address any potential safety
issues when there was less than a minimum reserve level of 50% in Open Space districts.
ACTION:
Deputy Mayor Rindone moved to adopt the following Resolution Nos. 2008-172,
and No. 2008-174, headings read, texts waived:
A.
RESOLUTION NO. 2008-172, RESOLUTION OF THE CITY COlJNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11,14,
15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE
DISTRlCT NO. I (ELMD #1), A..ND BAY BOULEVARD MA.INTENANCE
DISTRlCT
B.
Item II-B was considered after Items II-A and ll-C.
C.
RESOLUTION NO. 2008-174, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS Al"lD
COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRlCT
Councilmember Ramirez seconded the motion and it carried 4-0.
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July 8, 2008
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PUBLIC HEARINGS (Continued)
Interim City Anomey Miesfeld noted a typographical error in the title for Resolution No. :2008-
172, and he requested that the corrected resolution title be read for the record and re-voted to
eliminate Open Space District 1 from Item II-A.
The motion carried 4-0.
ACTION:
Deputy Mayor Rindone moved to adopt the follo,-^,ing Resolution No. 2008-173,
heading read, text waived:
B.
RESOLUTION NO. 2008-173, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1
Mayor Cox seconded the motion and it carried 3-0-1, with Councilmember
McCann abstaining.
12. CONSIDERA.TION OF A TENTATIVE SUBDIVISION MAP, PCS-06-03, TO
SUBDIVIDE 1.12 ACRES INTO TWENTY-EIGHT CONDOMINIUM UNITS FOR
INDIVIDUAL o\VNERSHIP AT 615 MOSS STREET (APPLICANT: MOSS 28 LLC)
The applicant proposes to convert an existing twenty-eight unit apartment complex into
twenty-eight condominium units. (Acting Planning Director)
Associate Planner Young presented the proposed Villa H~rmosa Condominiums project.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Rindone moved to adopt the follo,-^,ing Resolution No. 2008-175,
heading read, text waived:
RESOLUTION NO. 2008-175, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE L12
ACRES INTO TWENTY-EIGHT CONDOMINIUM UNITS FOR INDIVIDUAL
OWNERSHIP LOCATED AT 615 MOSS STREET
Councilmember McCann seconded the motion and it carried 4-0.
13. CONSIDER.A.TION OF A CONDITIONAL USE PERMIT (PCC-08-13) FOR THREE
CHAMPIONSHIP OFF-ROAD RACING (CORR) EVENT WEEKENDS IN 2008 A.ND
THREE IN 2009 WITHIN THE RIMROCK QUARRY, AND AUTHORIZATION FOR
THE WAIVING OF THE FULL COST RECOVERY RATES AND USE OF AN
ALTERNATIVE R.A.TE OF OVERTIME PLUS T\VENTY PERCENT FOR POLICE,
FIRE AND EMERGENCY MEDICAL SERVICES (APPLICANT XR PROMOTIONS,
LLC FOR Cl-LA...MPIONSHIP OFF-ROAD R.A.CING)
Page 8 . Council Minutes
July 8,2008
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PUBLIC HEARINGS (Continued)
XR Promotions, LLC for Championship Off-Road Racing (CORR), has applied for a
two-year temporary Conditional Use Permit (CUP) for three off-road race events
scheduled for 2008 and three similar race events in 2009. Adoption of Resolution A
approves the Mitigated Negative Declaration and Conditional Use Permit. Resolutions B
and C proposed by the Police and Fire Departments, recommend appropriating $27,859
and $33,567 respectively, to offset the costs of providing Police and Fire services for the
events. If approved by the City Council, all costs for providing these services will be
reimbursed by the Applicant at "overtime plus 20-percent," tather than the Full Cost
Recovery (FCR) rate as delineated in the FCR schedule. (Acting Planning Director,
Interim Fire Chief, Police Chief)
Assistant Planning Director Lytle introduced Staff Members Phelps, Donaghue and Laube. Staff
Member Phelps presented the proposed race event.
Mayor Cox opened the public hearing.
Ranie Hunter, Chula Vista resident, representing Championship Off Road Racing (CORR),
spoke in support of the proposed conditional use permit, stating that the past CORR racing
events had been successful, and that the proposed upcoming events would be broadcast on NBC
and on Speed TV, a racing network.
Lisa Cohen, Chula Vista resident and CEO of the Chula 'Vista Chamber of Commerce, spoke in
support of the event and the many opportunities it would offer to showcase Chula Vista.
There being no members of the public who wished to speak, Mayor Cox closed the public
hearing.
ACTION:
Councilmember McCann moved to adopt the following Resolution No. 2008-176,
heading read, text waived:
A.
RESOLUTION NO. 2008-176, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE
DECLARATION, MITIGATION MONITORING PROGR.i\M (IS-08-0ll),
AND GR.i\NTING A CONDITIONAL USE PERMIT (PCC-08-013), TO
CONDUCT R.i\CE EVENTS ON A TEMPOR.i\RY R.i\CETRACK WITHIN
THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD AND
ADJACENT TO THE OTA Y RIVER V ALLEY
Mayot Cox seconded the motion and it carried 4-0.
ACTION:
Councilmember McCann moved to adopt the following resolution 13-B, heading
read, text waived:
Page 9 - Council Minutes
July 8, 2008
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PUBLIC HEARINGS (Continued)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO WAIVE THE FULL COST
RECOVERY RATE FOR POLlCE SERVICES FOR THE CHAMPIONSHIP
OFF ROAD RACING (CORR) RA.CE EVENTS, AUTHORIZING AN
ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%,
AND i\PPROPRLA.TING $27,859 TO THE POLICE DEPARTMENT FISCAL
YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME
COSTS (4/5THS VOTE REQUIRED)
Mayor Cox seconded the motion. The motion failed 3-1, with Deputy Mayor
Rindone voting no.
ACTION:
Councilmember McCann moved to adopt the following resolution 13-C, heading
read, text waived:
c.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO WAIVE THE FULL COST
RECOVERY RATE FOR FIRE AND EMERGENCY MEDICAL SERVICES
FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS,
AUTHORIZING A.!"I ALTERNATIVE RATE OF COST RECOVERY OF
OVERTIME PLUS 20%. AND APPROPRIATING $33.567 TO THE FIRE
DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES
BUDGET FOR OVERTIME COSTS (4/5THS VOTE REQUIRED)
Mayor Cox seconded the motion. The l1)otion failed 3-1, with Deputy Mayor
Rindone voting no.
BOARD ANTI COMMISSION REPORTS
14. CONSIDERATION OF CHARTER REVIEW COMMISSION RECOMMENDATION
REGARDING PROPOSED CHARTER AMENDMENT TO ADD TERM LIMITS FOR
THE MAYOR AND CITY COUNCIL MEMBERS
This item is submitted on behalf of the Charter Review Commission. The Commission is
proposing an amendment to Section 300.D of the City Charter. The proposed
amendment would limit the number of terms an individual may serve in the office of
Mayor or Councilmember. .A.n amendment to the City's Charter, as proposed, would
require approval by a majority of the voters. (Charter Review Commission)
Staff recommendation: Council consider the Commission's proposed Charter amendment
and provide direction to staff accordingly.
Peter Watry, Chula Vista resident, recalled the history of term limits in Chula Vista. He spoke in
support of the proposed Charter amendment.
ACTION:
Mavor Cox moved to thank the Charter Review Commission for their
recommendation and that the recommendation be rejected. Deputy Mayor
Rindone seconded the motion and it carried 3-1, with Councilmember Ramirez
voting no.
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OTHER BUSINESS
15. CITY MANAGER'S REPORTS
With respect to Item 14, City Manager Garcia clarified that the Charter Review Commission was
charged with reporting its recommendations directly to the City CounciL and that the
recommendations did not come from City staff. He spoke about July 4th, stating that he and his
family had viewed spectacular fireworks displays from different areas in the City.
16. M.A.YOR'S REPORTS
ACTION:
B.
ACTION:
C.
ACTION:
A.
Ratification of appointment of Erica Fessia to the Cultural Arts Commission.
Mayor Cox moved to appoint Erica Fessia to the Cultural Arts Commission.
Councilmember McCann seconded the motion and it carried 4-0.
Ratification of the appointment of Misty Tienken to the International Friendship
Commission.
Mayor Cox moved to appoint Misty Tienken to the International Friendship
Commission. Councilmember McCann seconded the motion and it carried 4-0.
Consideration of designation of a voting delegate and up to two alternates for the
Annual Business Meeting at the League of California Cities 2008 Conference, to
be held September 24 through September 27,2008 in Long Beach, California.
Mayor Cox requested approval by the Council, to be named voting delegate for
the League of California Cities 2008 Conference, and to name Deputy Mayor
Rindone as alternate. Councilmember McCann seconded the motion and it
carried 4-0.
Mayor Cox announced the upcoming Colonel Dickinson's Country Chicken Dinner event on
August 2, 2008, at the Community Congregational Church. Proceeds of the event would be set
aside for payment of the City's centennial book. She reported on the SANDAG Transportation
Committee's recommendation to SANDAG for approval of a 2009 Transportation Development
Act, to allocate $624,000 for the western salt segment of the Bayshore Bikeway, and $450,000
for the bikeway on Main Street to 32nd Street. She also stated that she had accepted an
invitation by San Diego Mayor Sanders and County Supervisor Roberts, as one of three Mayors
in the region to sit on a Regional Fire Protection Subcommittee, to look at a parcel tax proposal
throughout San Diego County. She stated that the ideas by the Subcommittee for expenditures of
monies raised from a parcel tax would be used for helicopter support, fire retardant scooper
support, a communication system, and additional fire trucks. She stated that there was still a lot
of work to be done and she welcomed any suggestions by the Council on the subject.
17. COUNCIL COMMENTS
Councilmember McCann wished all a happy Fourth of July, and he hoped everyone was able to
celebrate with family and friends.
Deputy Mayor Rindone also wished all a happy Fourth of July.
July 8, 2008
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The Council convened in Closed Session at 8:28 p.m.
CLOSED SESSION
18. CONFERENCE WITH LEGAL COli"NSEL REGAR.DING EXISTING LITIGATION
PURSUANT TO GOVEfu"iMENT CODE SECTION 54956.9(a)
Christian Morales v. City of Chula Vista. et al. United States District Court, Case No.
07CV0186JM (WMc)
Lori Kneebone v. Donna Norris. et aL San Diego Superior Court, Case No. 37-2008-
000708 I 9-CU- WM-CTL
No reportable action was taken on these items.
19. CONFERENCE WITH LEGAL COUNSEL REGAR.DING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Two cases
No reportable action was taken on these items.
ADJOUR.NMENT
At 9:29 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on Thursday,
July 10, 2008 at 6:00 p.m. in the Council Chambers and,thence to the Regular Meeting of July
15, 2008 at 6:00 p.m. in the Council Chambers.
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/ ~
Lorraine Bennett, CMC, Deputy City Clerk
Page 12 - Council Minutes
July 8. 2008
i A -12-
DRAFT
i
MINUTES OF .'\.1\1 iillJOURNED REGULAR MEETING OF THE
CITY COuNCIL OF THE CITY OF CHULA VISTA
July 10, 2008
6:00 p.m.
An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT: Councilrnembers: McCann, Ramirez, Rindone and Mayor Cox
ABSENT: Councilmembers: Castaneda (excused)
ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, Interim City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
PUBLIC COMMENTS
Jose Preciado, Chula Vista resident, stated that a presentation by staff at a recent Planning
Commission meeting regarding the Climate Change Working Group's recommendations was
inconsistent with what was adopted by the Council on April I, 2008. To that end he was
interested in a clearer understanding of how adopted Council policies were interpreted by staff.
ACTION ITEM
1. REPORT ON. CLIMATE CHAt"\'GE WORKING GROUP MEASURES
IMPLEMENTA nON PLANS
In May 2007 staff reported to City Council that Chula Vista's citywide greenhouse gas
emissions had increased by 35% (mainly due to residential grow1h) from 1990 to 2005,
while emissions from municipal operations decreased by 18%. As a result, City Council
directed staff to convene a Climate Change Working Group (CCWG) to develop
recommendations to reduce the community's greenhouse gas emissions or "carbon
footprint" in order to meet the City's 2010 greenhouse gas emissions reduction targets.
The CCWG - comprised of residential, business and community-group representatives-
selected seven measures which City Council adopted on April I, 2008. The report
outlines staffs strategy to implement the measures including an analysis of each
measure's budget, time line and performance criteria. In addition, the report evaluates
financing options which the City could pursue to fully fund the measures'
implementation. (Conservation and Environmental Services Director, Public Works
Director, Acting Planning Director)
/8.,.1
DRAFT
ACTION ITEM (Continued)
City Manager Garcia gave introductory remarks about the results of the directives given .by the
Council to staff at the April I, 2008 Council meeting on the Seven Climate Change Measures.
Environmental Resource Manager Reed noted the distribution to the Council of a revised table
for Appendix G, reflecting more accurate cost estimates, and a letter from the San Diego County
Apartment Association, dated July 10, 2008, regarding the Climate Change Working Group
Implementation Plan. He then gave an overview of the proposed strategy to implement the seven
measures.
Staff then presented each of the following seven measures:
MEASURE I - High Efficiency/Alternative Fuel Replacement Vehicles for City Fleet
MEASURE 2 - High Efficiency/Alternative Fuel Replacement Vehicles for City-contracted Fleet
MEASURE 3 - Business Energy Assessments
MEASURE 4 - Green Building Standard
MEASURE 5 - Solar and Energy Efficiency Conversion
MEASURE 6 - Smart Grow1h around Trolley Stations
MEASURE 7 - Turf Conversion Program
Staffmember Reed spoke about tracking and reporting, which was vital to measuring the overall
success, new emission protocols, annual greenhouse gasses inventories, and preparation for
future carbon regulations.
Finance Director Kachadoorian presented the overall financing strategy and financing options.
Director of Conservation and Environmental Services Meacham talked about the next steps as
outlined in the proposed Council Resolution.
Discussion ensued between Councilmember Ramirez, staff, and the Climate Change Working
Group, regarding staffs recommendation of lowering the standard from 20% to 15% over the
Title 24 (Energy Efficiency Standards for Residential and Nomesidential Buildings)
requirement.
Theresa Acerro, Chula Vista resident, spoke in support of the original recorrunendations brought
forward by the Climate Change Working Group. She spoke of the need for a funding
mechanism to support Measure 5, Solar and Energy Efficiency Conversion.
Page 2 Council Minutes - Climate Change Working Group
July 10, 2008
/B-2
DRAFT
ACTION ITEM (Cantinued)
Danald Lee, La Jalla resident, representing the San Diego. Caunty Sierra Club Glabal Warming
Cammittee, urged the Cauncil to enact the strangest protectian measures against carban
emissians. He stated tbat the Sierra Club was appased to. staffs recammendatians that included
reduced green building standards, eliminatian af third party verificatian, and creatian af the
laaphale that wauld allaw develapers to. pay maney instead af making real carban reductians.
Lea Miras, representing Enviranmental Health Caalitian, stated that staffs recammendatians
regarding green building standards were incansistent witb the Cauncil's directian. He suggested
madificatians such as limiting use af mitigatian fees, giving greater weight to. energy efficiency,
and ensuring transparency and accauntability. He suggested streamlining the pracess far
Measure 5. He also. suggested giving priarity to. measures that wauld guarantee reductians, and
reviewing implementatian measures in two. years to ensure gaals were being met.
David Stucky, Chula Vista resident, representing the Building Industry Assaciatian af San
Diego., and Building Ovmers and Managers Assaciatian (BOM.'\) Internatianal, expressed
cancern regarding Measure 3, stating that a currently free and valuntary program wauld became
mandatary and at a cast. Regarding Measure 4, he expressed cancern abaut the lack af
ecanamically feasible technalagy to. meet the recammended standard. He recammended an
approach with facus an carban emissian reductians.
Craig Benedetto., San Diego. resident, representing the Natianal Assaciatian af Industrial and
Office Properties, spake in suppart af Measure 4 as it related to. maving away from LEED
(Leadership in Energy and Enviranmental Design) as a mandate. He stated that new
develapment was bearing the burden af energy efficiency and carban affsets because af alder,
less efficient develapment. He expressed the need far balanced respansibility between all users,
and retrafitting existing alder develapments, bath residential and cammercial.
Matt Adams, San Diego. resident, representing the Building Industry Assaciatian, spake with
respect to. Measures 4 and 5, stating that the problem was with existing alder hames. He
cammented that real casts and carban benefits wauld be realized if the prapased fee far new
buildings was applied to. retrofitting af alder hames. He asked that tbe Cauncil delay making a
decisian to. require standards abave Title 24 in anticipatian af State legislatian that wauld be
addressing the issues.
Lynda Gilgun, Chula Vista resident, and member af the Clirnate Change Warking Graup, spake
in suppart af the propased green building standards which she stated wauld have the most
patential far lawering carban emissians by maintaining a 20% reductian aver the Title 24 energy
efficiency standard, and retrofitting alder existing hames and businesses. Sherecammended that
Cauncil adapt tbe pragram implementatian plan with the ariginal measures approved an April I,
2008, and suggested mitigatian fees be utilized far anything between a 15% minimum reductian
and the 20% reductian standard.
Michael Gilgun, Chula Vista resident, urged the Cauncil to. adapt the very strictest building and
energy efficient standards passible.
Page 3 - Council !vrinutes - Climate Change Vi orking Group
July 10, 2008
/.8.-3
DR.A.FT
ACTION ITEMS (Continued)
Sean Kilkenny, San Diego resident, representing the Otay Ranch Company, cited portions of a
letter distributed to the Council, dated July 10, 2008, which supported the City's goals of
achieving emissions levels 20% below 1990 greenhouse gas emissions levels, the enactment of
reasonable new standards that were effective and efficient in reducing carbon emissions, and that
new burdens placed on new construction should be placed in context. He commended the City
for accomplishing its goals of reducing greenhouse gas emissions by designing communities to
reduce vehicle miles traveled, and enacting pedestrian friendly, transit-oriented land plans.
Bob Bliss, Chula Vista resident, questioned funding sources for the proposed standards in both
the public and private sectors. With respect to Measure I, he asked why natural gas was not
addressed, stating that the cost and emissions of natural gas was one third the cost of regular gas,
and suggested looking at natural gas rather than hybrids. Regarding Measure 5, he suggested
looking at tankless water heaters rather than solar.
Pamela Bensoussan, Chula Vista resident, stated that mitigation fees should only be applied to
projects that could not meet the City's standard, requiring appropriate findings and meeting the
requirements of Title 24, with the balance offset by fees. She spoke in favor of maintaining the
20% above the Title 24 requirement, and stated that oversight should remain a part of the overall
program. On the subject of incentives versus mandates, she stated that incentives did not work,
and that mandates realize results.
Richard D' Ascoli, representing the Pacific Southwest Association of Realtors, expressed the
importance for the City to refrain from duplicating what was set at the state level. He spoke
about the Climate Change Working Group's absence of programs focused on transportation and
bringing businesses to the City. He stated that encouraging people to live and work in the City
would result in reduced commute times and significant reductions in greenhouse gasses.
Regarding Measure 3, he suggested that the property manager or owner be required to be
involved in the energy assessments so tenants would not have the ability to make decisions on
infrastructure changes.
Jean Costa, La Mesa resident, representing the San Diego Sierra Club .Global Warming
Committee, urged the Council to adhere to the original Climate Change Working Group
recommendations.
Cindy Gompper-Graves, Poway resident, representing the South County Economic Development
Council (SCEDC), spoke of the review of the seven measures by the SCEDC Transportation
Infrastructure Committee, and requested Council consideration of additional incentives for
businesses that could include project expediting and density bonuses, incentives from SDG&E,
private foundations, and assistance from federal and state agencies to help offset costs imposed
upon residences and businesses. She spoke about the City's opportunities to capture businesses
that manufacture energy efficient devices, such as solar panels, and to look at further
incentivizing programs for those' businesses to relocate to the City. She suggested that the City
work in concert with other agencies to avoid duplication or conflicting regulations.
Page 4 - Council Minutes - Climate Change Working Group
July 10,2008
18-'1
DRMT
ACTION ITEM (Continued)
Andrea Cook, San Diego resident, representing the California Center for Sustainable Energy,
stated that Title 24 is the lowest standard for all involved, she spoke in support of the 20% over
Title 24 standard, but added that 15% was acceptable.
Rufino "Pie" Rogue, Chula Vista resident, representing EI Primero Hotel, expressed concern that
Measures 3, 4, and 5 were centered on new development and new projects, and did not address
old or existing establishments. He spoke of the many "green" initiatives his establishment had
embarked upon such as recycling, using environmentally sensitive products, and energy-efficient
appliances. He suggested that the City offer more incentives to those businesses doing their part
in energy efficiency.
Mariana Lopez, Chula Vista resident asked the Council to support the recommendations of the
Climate Change Working Group approved by the Council on April 1, 2008. She favored
maintaining the 20% over Title 24 standard. She suggested that mitigation fees be used towards
infrastructure improvements to build sidewalks that in turn, would encourage more people to
walk or ride bikes, resulting in reduced carbon emissions.
Derek D. Turbide, Chula Vista resident, member of the Climate Change Working Group, and
San Diego Account Manager for Clean Energy, spoke with respect to Measures land 2, and the
benefits of considering the inclusion of natural gas vehicles that would be cheaper, cleaner,
domestic, and available to every class of vehicle.
Richard Chavez, Chula Vista resident and Chairperson for the Climate Change Working Group,
suggested that should a bio-diesel fueling station be installed in the City, that its use be extended
bevond Citv vehicles to include local vendors. Regarding building standards. he suggested the
-' ~ '- '-' ....... '............
use of mitigation funding to assist with financing, particularly for solar energy and turf
conversion programs. He spoke of the need for immediate action to help the environment
Alan Ridley, Chula Vista resident, did not speak, but indicated support of the seven measures.
At 8:37p.m., Mayor Cox announced a recess of the Council Meeting. The meeting reconvened
at 8:57 p.m., with all members present, except Councilmember Castaneda who was absent and
Councilmember McCann who arrived at 8:59 p.m.
City Manager Garcia recommended implementation of the program, which can be fine tuned as
needed, and that resources be identified to fund the program.
Discussion ensued between staff and the Council about goals and steps to be considered to move
forward with the proposed measures.
Councilmember Ramirez suggested that if Council direction is provided to staff, and that
direction is not feasible, suggestions should be brought back to the Council for reconsideration.
Each of the seven proposed measures was addressed separately by the Council as follows:
Page 5 - Council Minutes - Climate Change Working Group
July 10,2008
/8-5
D R.",FT
ACTION ITEM (Continued)
MEASURE I - High Efficiency/Alternative Fuel Replacement Vehicles for City Fleet
There was concurrence by the Council for Measure I.
MEASURE 2 - High Efficiency/Alternative Fuel Replacement Vehicles for City-contracted Fleet
Councilmember Ramirez suggested the Citv work with and offer incentives to businesses that
have high efficiency/alternativ~e fuel fleets. .
There was concurrence by the Council for Measure 2.
MEASURE 3 - Business Energy Assessments
Mayor Cox expressed concern with the mandatory provisions and implicit penalties. She
recommended keeping the inspections voluntary for the first three months of 2009 in order to
review the results.
Councilmember McCann spoke in support of voluntary energy assessments.
Councilmember Ramirez spoke in support of mandatory energy assessments with a "soft,"
helpful approach.
Deputy Mayor Rindone suggested that energy assessments be performed every five years with a
report to Council annually.
Discussion ensued between the Council and staff about the proposed mandatory inspection
program.
Mayor Cox recommended, and Deputy Mayor Rindone and Councilmember McCann concurred,
that an amendment be' made to invite businesses without penalty, to participate in a no-cost
assessment, as part of the business licensing process; and that .the Council reassess the proposed
ordinance within three years. Deputy Mayor Rindone added direction to staff to remove the
requirement for new business ovmers to participate in an assessment if, within the previous three
years, an assessment was already done. Councilmember Ramirez was opposed to the proposed
modification.
MEASURE 4 - Green Building Standard
There was discussion between the Council and staff regarding the benefits and challenges of
adopting green building standards of 15% versus 20% over the Title 24 requirements.
There was concurrence by the Council for Measure 4, using a 15% standard above the current
Title 24 regulations, with reassessment to determine if additional reductions would be feasible
'With the new Title 24 regulations.
MEASURE 5 - Solar and Energy Efficiency Conversion
There was concurrence by the Council for Measure 5.
Page 6 - Council Minutes - Climate Change Working Group
July 10.2008
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DRAFT
ACTION ITEM (Continued)
MEASURE 6 - Smart Growth Mound Trolley Stations
There was concurrence by the Council for Measure 6.
MEASURE 7 - Turf Conversion Program
There was concurrence by the Council for Measure 7.
With respect to financing for the proposed measures, City Manager Garcia asked for Council
approval of staff s proposal to work on re-negotiations of a franchise fee with SDG&E that
would be brought back to the Council, and he recommended approval of the proposed resolution.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2008-177, with the
amendment to Measure 3, heading read, text waived:
RESOLUTION NO. 2008-177, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA (1) ADOPTING THE IMPLEMENTATION
PLANS FOR THE CLIMATE CHANGE WORKING GROUP MEASURES, (2)
APPROVING PARTIAL IMPLEMENTATION OF THE MEASURES BASED
ON CURRENT Fl.JNDING LEVELS, (3) AUTHORIZING STAFF TO PURSUE
ADDITIONAL HJNDING OPTIONS A..l'-JD (4) DIRECTING STAFF TO
RETUR.,'\I TO COUNCIL WITHIN 180 DAYS WITH AN IMPLEMENTATION
UPDATE
Deputy Mayor Rindone seconded the motion and it carried 4-0.
Councilmember McCann announced the recent passing of Judy Schulenberg, community
member and Board Trustee of Southwestern College, and he requested that the Council Meeting
of July 15,2008 be adjourned in her memory.
The Council convened in Closed Session at II: I 0 p.m.
CLOSED SESSION
2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVER...NMENT CODE SECTION 54956.9(a)
Robert Carman v. City of Chula Vista San Diego Superior Court, Case No. GIS 28421
Deanna Morv. et aI. v. City of Chula Vista. et aI., United States District Court, Case No.
06 CV 1460 JAH (BLM)
Deanna Morv. et aI. v. City of Chula Vista. et aI., United States District Court, Case No.
07-CV-0462 JLS (BLM)
No reportable action was taken on these items.
Page 7 - Council Minutes - Climate Change Working Group
July 10,2008
18 -7
D Rl\FT
CLOSED SESSION (Continued)
3. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERt'\iMENT CODE SECTION 54956.9(c)
One case
No reportable action was taken on this item.
ADJOURt'\iMENT
At 11 :20 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of July 15, 2008 at
6:00 p.m. in the Council Chambers.
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~C'Deputy:::
Page 8 - COlillcil Minutes - Climate Change Working Group
July 10, 2008
/8-8'
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 15, 2008
6:00 P.M.
A Regular meeting of the City Council of the City of Chula Vista was called to order at 6:04
p.m. in the Council Chambers: located in City Hall,~ 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox ~
ABSENT: Councilmembers: None
ALSO PRESENT:
City Manager Garcia. Interim City Attornev Miesfeld. Interim City Clerk
No~is, and-Deputy City Clerk Bennett' . .
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
o OATHS OF OFFICE
Erica Fessia to the Cultural Arts Commission
Misty Tienken to the International Friendship Commission
Interim City Clerk Norris administered oaths of office to Erica Fessia and Misty Tienken, and
Councilmembers Ramirez and Castaneda presented them each with a certificate of appointment.
o INTRODUCTION BY POLICE CHIEF EMERSON OF PATRlCK WHITE, PEACE
OFFICER
Police Chief Emerson introduced recent police academy graduate Officer Patrick Wilite, and
Mayor Cox welcomed Officer Wilite on behalf of the Council.
o PRESENTATION BY MAYOR COX OF A PROCLAMATION TO JIM CRAIG,
KA.TlE DELGADILLO AND MICHELLE GREER OF THE RECREATION
DEPARTMENT, PROCLAIMING JULY II THROUGH 17, 2008 AS
"THERAPEUTIC RECREATION WEEK"
Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Carmel Wilson and
Michelle Greer.
o PRESENTATION BY MAYOR COX OF A PROCLAMATION TO SHANNON
BULLOCK, RECREATION SUPERVISOR, PROCLAIMING JULY 17, 2008 AS "GO
PLA Y, GET FIT, YOUTH DAY" IN THE CITY OF CHULA VISTA
Mayor Cox read the proclamation and Councilmember McCann presented it to Shannon Bullock
and Bernice Mora.
Page 1 - Council Minutes
July 15.2008
/0-/
DRAFT
SPECLt\L ORDERS OF THE DAY (Continued)
. REPORT FROM CHUCK COLE, PRESIDENT OF ADVOCATION, INC., ON THE
STATE BUDGET
Government Relations Liaison Carnevale introduced Chuck Cole, who gave an update on the
State Budget that included the continued mismatch between revenues and expenditures in the
State of California that has resulted in a $24.3 billion shortfall. He expressed the importance of
protecting local government's revenue resources.
CONSENT CALENDAR
(Items 1 through 11)
With respect to Item 2A, Mayor Cox noted a clerical error on the agenda, and that the
memorandum included Councilmember Castaneda's request for excused absences from the
July 8 and July 10,2008 Council meetings. Mayor Cox noted that Councilmember Castaneda
would be abstaining from voting on Item 2A,3B, 8, 9 and 10, and Councilmember Ramirez
would be abstaining from voting on Item 3C. Item 5 was removed from the Consent Calendar at
the request of Deputy Mayor Rindone, and Item 10 was removed from the Consent Calendar at
the request of Councilmember McCann.
1. APPROVAL OF MINUTES of May 27 and June 3, 2008.
Staff recommendation: Council approve the minutes.
2. WRlTTEN COMMUNICATIONS
A. Memorandum from Councilmember Steve Castaneda requesting an excused
absence from the City Council Meetings of July 8,2008, and July 10, 2008.
Staff recommendation: Council excuse the absences.
B. Letter of resignation from Aurora S. Cudal, member of the Housing Advisory
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. A. RESOLUTION NO. 2008-178, RESOLUTION OF THE CITY C01.JNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $256,424 IN LOAN FUNDS FROM THE
CALIFORNIA ENERGY COMMISSION FOR ENERGY-EFFICIENCY
IMPROVEMENTS AT THE LOMA VERDE POOL COMPLEX i\.ND POSSIBLE
PROJECT COST INCREASES ASSOCIATED WITH PREVIOUSLY APPROVED
ENERGY-EFFICIENCY RETROFIT PROJECTS AT THE PUBLIC WORKS CORP
YARD AND LOMA VERDE RECREATION CENTER; AMENDING THE FISCAL
YEAR 2008/2009 C.tu'ITAL IMPROVEMENT PROGRAM ."'-ND CEC ENERGY
LOAN FUND; AND APPROPRlA.TING $256,424 IN NEW LOAN FUNDS TO
CAPITAL IMPROVEMENT PROJECT GG202 (CEC ENERGY EFFICIENCY LOAN -
PHASE 1) (4/5THS VOTE REQUIRED)
B. This item was removed from the Consent Calendar.
Page:2 - Council Minutes
July 15,2008
/ (!-z
DRAFT
CONSENT CALENDAR (Continued)
C. This item was removed from the Consent Calendar.
In September 2007, the Council authorized the Depanment of Conservation and
Environmental Services to pursue a combination of California Energy Commission loans
and San Diego Gas & Electric (SDG&E) "On-Bill Financing" to bridge the financial gap
between capital costs and SDG&E incentives for energy efficiency retrotit projects at
municipal facilities. In March of 2008, the City was awarded a $607,446 California
Energy Commission loan to upgrade lighting, improve HVAC systems and install
variable speed drives at six facilities. The amended loan amount of up to $1,033,313 will
allow greater implementation flexibility. In total, the improvement projects will reduce
the City's annual energy use by approximately 1.4 million k\Vh and 50,000 therms,
generating $214,000 in annual cost savings, which will be used to repay the low interest,
reimbursement loan. (Conservation and Environmental Services Director.' Citv
EngineerlEngineering Director)
Staff recommendation: Council adopt the resolutions.
4. RESOLUTION NO. 2008.181, RESOLUTION OF THE CITY CO\JNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORM.-\L CONSULTANT SELECTION
PROCESS .A....ND APPROVING AN AGREEMENT WITH THE SAN DIEGO STATE
UNIVERSITY RESEARCH FOUNDATION IN THE .A....IvlOUNT OF ONE HUNDRED
EIGHTY-TWO THOUSAND, FOUR HUNDRED NIN~TY DOLLARS ($182,490) TO
CONDUCT A FEASIBILITY STUDY FOR A >DISTRICT ENERGY SYSTEM FOR
THE BA YFRONT PROJECT AREA AS P-,,\RT OF THE SAN DIEGO GAS AND
ELECTRIC PARTNERSHIP PROGRAM, AND TRANSFERRING $25,240 FROM
STAFF COSTS TO CONSULTANT COSTS WITHIN THE ENERGY
CONSERVATION FUND
Since March 2006, the National Energy Center for Sustainable Communities (NECSC), a
collaboration between the City, San Diego State University and the Gas Technology
Institute, have been working to advance responsible use of energy resources through the
planning process of major developments throughout Chula Vista. In an effon to funher
the work of the NECSC,and the broader environmental initiatives of the City, staff is
recommending approval of an additional contract 'With the San Diego State University
Research Foundation to study the feasibility of a district energy system as pan of the
overall development of the Chula Vista Bayfront utilizing the funding from the San
Diego Gas & Electric (SDG&E) Partnership Grant Program, administered by the City's
Conservation and Environmental Services Department. (Economic Development
Officer)
Staff recommendation: Council adopt the resolution.
5. This item was removed from the Consent Calendar.
Page 3 - Council Minutes
July 15, 2008
/[-3
DR~FT
CONSENT CALENDAR (Continued)
6. ORDINANCE OF THE CITY OF CHULA VISTA REVISING THE SPEED LIMIT
FOR HIDDEN VISTA DRIVE BETWEEN EAST H STREET AND SMOKY CIRCLE
(FIRST READING)
An Engineering and Traffic survev has been completed in accordance with the California
Vehicle Code, which mandates that a speed survey be completed and updated every
seven years for each street with a posted speed limit within the City. Based on the
results, it was determined that the speed limit on Hidden Vista Drive between East H
Street and Smoky Circle should be increased from 25 mph to 30 mph, and between
Smoky Circle and Terra Nova Drive should retain the existing 25 mph speed limit.
Adoption of the ordinance implements this revision. (City Engineer/Engineering
Director)
Staff recommendation: Council hold first reading of the ordinance.
7. A. RESOLUTION NO. 2008-183, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRA.NT DEED IN FEE FOR TWO
EXCESS REMNANT PARCELS ADJOINING STATE ROUTE 125, DESIGNATED
AS SAN DIEGO COUNTY ASSESSOR'S PARCEL NUMBERS 595-070-52 AND 595-
070-53, FROM EASTLA.KE DEVELOPMENT COMPANY, AND AUTHORIZING
THE CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT
Al"JD RECORD THE GRA.NT DEED
B. RESOLUTION NO. 2008-184, RESOLUTION ,OF THE CITY COT.JNCIL OF THE
CITY OF CHULA VISTA APPROVING THE TRA.NSFER OF PARCEL DD32019-03-
01 AND PARCEL DD 32019-03-02, WHICH WERE GRANTED TO THE CITY OF
CHULA VISTA BY THE CALIFORNIA DEPARTMENT OF TRA.NSPORTATION
(CALTRA.NS) AS PART OF THE STATE ROUTE 125 PROJECT, TO MCMILLIN
OTA Y RANCH LLC, AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ALL DOCUMENTS NECESSARY TO TRA.NSFER THE PARCELS
The State Route 125 Toll Road project started construction in September 2003, and
opened to the public in November 2007. This project was approved as a "Design-Build"
facility. Due to the final approved geometric alignment of the toll road, off-ramps and
on-ramps, there are some portions of parcels initially anticipated to be a part of the
project, that have been deemed by the California Department of Transportation to be not
necessary. Adoption of the resolutions resolves the remaining excess land issues related
to the construction of the toll road. (City Engineer/Engineering Director)
Staff recommendation: Council adopt the resolutions.
8. This item was removed from the Consent Calendar.
9. This item was removed from the Consent Calendar.
10. This item was removed from the Consent Calendar.
Page 4 - Council Minutes
July 15,2008
It -Lj
DR"-FT
CONSENT CALENDAR (Continued)
11. ORDINANCE NO. 3116, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 8.25.020, 8.25.070 AND 8.25.095 OF THE CHULA VISTA
MUNICIPAL CODE (SECOND READING AND ADOPTION)
Adoption of this ordinance adds surety bonds, letters of credit or other surety acceptable
to the City Manager or designee as a form of payment for the performance deposit. This
ordinance was first introduced on July 8, 2008. (Public Works Director)
ACTION:
Mayor Cox moved to approve staffs recommendations and offered the balance of
the Consent Calendar, Items 1, 2A and 2B, 3A 4, 6, 7, 11, headings read, texts
waived. Councilmember Ramirez seconded the motion and it carried 5-0, except
Item 2A which carried 4-0-1, with Councilmember Castaneda abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. B. RESOLUTION NO. 2008-179, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA (1) ACCEPTING $150,800 IN LOAN FUNDS FROM THE
CALIFORt'JIA ENERGY COMMISSION FOR POSSIBLE PROJECT COST
INCREASES ASSOCIATED WITH PREVIOUSLY l\PPROVED ENERGY-
EFFICIENCY RETROFIT PROJECTS AT THE CIVIC CENTER BRANCH
LIBRARY, POLICE DEPARTMENT HEADQUARTERS, AND PARKWAY
RECREATION CENTER; AMENDING THE FISCAL YEAR 2008/2009 CAPITAL
IMPROVEMENT PROGRAM AND CEC, ENERGY LOAN FUND; AND
APPROPRIATING $150,800 IN NEW LOAN FUNDS TO CAPITAL IMPROVEMENT
PROJECT GG202 (CEC ENERGY EFFICIENCY LOAN - PHASE 1) (4/5THS VOTE
REQUIRED)
ACTION:
Mayor Cox moved to adopt Resolution No. 2008-179, heading read, text waived.
Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with
Councilmember Castaneda abstaining.
C. RESOLUTION NO. 2008-180, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $18,643 IN LOAN FUNDS FROM THE
CALIFORNIA ENERGY COMMISSION FOR POSSIBLE PROJECT COST
INCREASES ASSOCIA TED WITH PREVIOUSL Y APPROVED ENERGY-
EFFICIENCY RETROFIT PROJECTS AT THE SOUTH CHULA VISTA BRANCH
LIBRARY; AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT
PROGRAM AND CEC ENERGY LOAN FUND; AND APPROPRLATING $18,643 IN
NEW LOAN FUNDS TO CAPITAL IMPROVEMENT PROJECT GG202 (CEC
ENERGY EFFICIENCY LOAN - PHASE 1) (4/5THS VOTE REQUIRED)
ACTION:
Mayor Cox moved to adopt Resolution No. 2008-180, heading read, text waived.
Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with
Councilmember Ramirez abstaining.
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July 15, 2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2008-182, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS ASSOCIATED WITH
cm 071 FOR BROOKFIELD SHEA OTA Y LLC FOR THE CONSTRUCTION OF
EASTLAKE PARKWAY ANTI HUNTE PARKWAY SERVING OTAY Ri\NCH
VILLAGE 11 PHASE 3
Brookfield Shea Otay submined a payment request for reimbursement ftom Community
Facilities District 071 bond proceeds for the construction of Eastlake Parkway and Hunte
Parkway serving Otay Ranch Village 11, Phase 3. Adoption of the resolution approves
change orders in the. amount of $388,215.18 for Brookfield Shea Otay, LLC for that
purpose. Approved change orders will be paid from CFD 071 bond proceeds. (City
Engineer/Engineering Director)
Deputy Mayor Rindone asked statY to provide an explanation for the large difference between the
actual costs of Eastlake Parkway and Hunte Parkway projects and the Engineer's estimate. City
Manager Garcia explained that because of the recent reduction in construction costs, estimates
calculated over a year ago were higher than current costs, and that the City was now receiving
more bids with bener prices for projects.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution No. 2008-182, heading read,
text waived. Councilmember Ramirez seconded the motion and it carried 5-0.
8. RESOLUTION NO. 2008-185, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA .APPROVING A!\J AMENDMENT TO THE OCTOBER
2006 AGREEMENT BETWEEN THE CITY ~ND THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND REHABILITATION, APPROVING A
NEW AGREEMENT VvlTH THE CALIFOR-NIA DEPARTMENT OF CORRECTIONS
AND REHABILITATION FOR THE IN-CUSTODY DRUG TREATMENT
PROGR-'\M ."'-.ND ,APPROPRLA. TING $54,642 TO THE FISCAL YEAR 2008/2009
POLICE BUDGET BASED UPON UNANTICIPATED REVENUES
In 2006, the Council approved an agreement between the City and the California
Department of Corrections and Rehabilitation for the In-Custody Drug Treatment
Program. Adoption of the resolution approves an amendment to that agreement, and a
new agreement to increase the daily jail rate for each parolee and increase the number of
participants. (Police Chief)
9. RESOLUTION NO. 2008-186, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CONSUL T.A..NT SELECTION PROCESS,
APPROVING THE CONTR-A.CTUAL AGREEMENT WITH SOUTH BAY
COMMUNITY SERVICES TO CONTINUE PROVIDING YOUTH COUNSELING
SERVICES, .A.1'\JD AUTHORIZING THE CITY MANAGER TO APPROVE THE
FOUR ONE-YEAR EXTENSIONS OF THE AGREEMENT
South Bay Community Services provides juvenile counseling services to the City. The
anached agreement formally continues those services, which includes a Youth
Counseling Program. Runawav Case Management Program. and Homeless Youth
Outreach Progr~s. (Police Chief) - _.
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July 15, 2008
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DRA.FT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION:
Mayor Cox moved to adopt Resolution Nos. 2008-185 and 2008-186, headings
read, text waived. Deputy Mayor Rindone seconded the motion and it carried
4-0-1, with Councilmember Castaneda abstaining.
10. RESOLUTION NO. 2008-187, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE PURCHA.SE OF ELECTRONIC
PARKING METERS FROM CALE PARKING SYSTEMS USA, INCORPORA.TED
AND POM INCORPORA. TED IN ACCORDANCE WITH THE TERMS Ai"\TD
CONDITIONS OF CITY OF CHULA VISTA REQUEST FOR BIDS 10-07108 FOR A
ONE-YEAR TERM BEGINNING JULY 1,2008 AND ENDING JUNE 30, 2009; A.ND
AUTHORIZING THE PURCHASING AGENT TO APPROVE FIVE Ol\TE- YLAR
EXTENSIONS OF THE TERM THROUGH JUNE 30, 2014
The City issued a Request for Bid for electronic parking meters to replace outdated
mechanical parking meters in the Downtown Parking District. Adoption of the resolution
replaces all parking meters within the district ",ith individual and multi-space meters.
(Redevelopment and Housing Assistant Director)
Staff recommendation: Council adopt the resolution.
Councilmember McCann questioned the delay in bringing the item forward to Council, and
whether or not any loss of revenue had resulted in the delay. Senior Project Coordinator Do
responded that the bid process for electronic parking meters took several months, and staff
anticipated installation of the new meters in September 2008, should the item be approved by the
Council, City Manager Garcia stated that staff would bring information to the Council regarding
the possible fom1ation of a parking district. Councilmember McCann indicated that the City
should look at other opportunities for another entity to run the parking district. City Manager
Garcia noted that this would result in a significant loss of revenue to the City.
ACTION:
Councilmember McCann moved to adopt Resolution No. 2008-187, heading read,
text waived. Councilmember Ramirez seconded the motion and it carried 4-0-1,
with Councilmember Castaneda abstaining.
PUBLIC COMMENTS
There were none.
ACTION ITEMS
12. CONSIDERA.TION OF PLACING A MEASURE RELATING TO THE CITY'S
TELECOMMUNICATIONS UTILITY USERS' Ti\X ON THE BALLOT FOR THE
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4,
2008
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July 15,2008
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DRAFT
ACTION ITEMS (Continued)
Chula Vista's Utility Users' Tax (UUT) was adopted in 1970 as a means to help fund
public services and capital improvement projects through the City's General Fund. The
City receives UUT based on the usage of natural gas, electricity and telecommunications.
In Fiscal Year 2006/2007, the total UUT received was approximately $7.0 million, which
represents 5% of General Fund revenues. City staff is recommending that the UUT on
telecommunications be updated. Adoption of the resolutions approves an ordinance to be
placed on the November ballot for this purpose; and appropriates the funds necessary to
cover the related costs. (Finance Director)
City Manager Garcia introduced Finance Director Kachadoorian and Director of Conservation
and Environmental Services Meacham, who presented the background and objectives of the
proposed ooT ballot measure.
Donald Maynor, the City's Legal Consultant, provided details regarding the proposed measure
and explained that the benefit for placement of a UUT measure on the ballot was to avoid
potential lawsuits regarding the definitions of the existing ordinances. He also expressed a need
to propose this ordinance this year, since there was proposed federal legislation that would
impose a five-year moratorium on new wireless taxes.
Discussion ensued between Councilmembers and staff about the proposed utility users' tax on
telecommunication users, concerns with the adverse effect on the City's budget if this measure
was not adopted, as well as concerns 'With the proposed ballot language.
Sam AUisha, EI Cajon resident, representing Cox Communications, referenced a leuer to the
Council dated July 8, 2008 regarding the proposed changes to the UUT, citing concerns about
application of the Tax-to- Video services, the effective date of the proposed ordinance, and the
need to provide the voters an accurate understanding of the proposed changes. He also noted
that the proposed ordinance would impact both residents and businesses.
Lani Lutar, San Diego resident, representing the San Diego County Taxpayers Association.
referenced a leuer submiued to the Council dated July 15, 2008, citing a number of concerns
about the proposed amendments to the UUT. She stated that the proposed changes would be a
tax increase to users since new categories would be added, and that the proposed ballot language
was misleading.
Larry Breitfelder, Chula Vista resident, concurred with the comments by Ms. Lutar. He
expressed concern about the City's proposed $70,000 in expenditures for the informational
program. He also stated that the proposed ballot language was misleading for the public. He
spoke on behalf of the Chula Vista Taxpayers Association, requesting that the Council provide
complete candor to the public on the proposed tax measure.
At 8: 18 pm., Mayor Cox recessed the Council Meeting. The Meeting reconvened at 8:44 p.m.,
with all members present,
Discussion ensued between the Council, staff, and Mr. Maynor regarding the proposed ballot
measure. City Manager Garcia suggested that decreasing the amount of tax to 4.5% would make
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July] 5.2008
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DR-\.FT
ACTION ITEMS (Continued)
the City's the lowest tax rate in the State, but would ensure a more revenue-neutral position,
providing less of a windfall to the City, and solving the problem of an unequal spread of utility
taxes.
Deputy Mayor Rindone stated that he could not support a UUT reduction of 4.5%, but would
support the proposed 4.75% reduction, with the understanding of a review by the Council in 90
days, with necessary adj ustments to make it revenue-neutral.
Councilmember Ramirez spoke in support of the comments by Deputy Mayor Rindone to
maintain a 4.75% reduction, and a review of the UUT in 12 months, after adoption of the
ordinance. He also suggested that staff work on the proposed ballot language to provide a clear
picture of what the City was trying to do.
Councilmember Castaneda stated that he could not support the proposed ballot language. He
requested an agreement between the City and the Taxpayers Associations, to work
collaborativelv and to detem1ine whether or not the aggregate revenue was revenue-neutral. Or
altematively, he stated he would support a flat 4.5% red~ction.
Mayor Cox reminded the Council that a unanimous vote on the proposed items by the Council
was necessary, as well as a deadline by the County to place the measure on the ballot.
Councilmember McCarm stated that he could not support the proposed ballot language and
would support continuance of the item to a future date.
ACTION: Mayor Cox moved to table Item 12 to a Special Meeting of the City Council on
July 23, 2008 at 8:00 p.m. Councilmember Castaneda seconded the motion and it
carried 5-0.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE
CITY OF A MEASURE RELATING TO THE CITY'S
TELECOMMUNICATIONS USERS' TAX AT THE SPECL"..L MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008;
DECLARING THE EXISTENCE OF AN EMERGENCY NECESSITATING
SUCH ACTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE
.t\N IMPARTIAL A...1\IAL YSIS OF THE MEASURE (UNANIMOUS VOTE
REQUIRED)
B. RESOLUTION OF THE CITY COlTNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $105,000 FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND TO THE CITY CLERK'S AND NON-DEPARTMENTAL
BUDGET TO COVER ANTICIPATED COSTS AND EXPENSES RELATED
TO ELECTION COSTS, A1'1D PRINTING AND M.-'\ILING COSTS (4/5THS
VOTE REQUIRED)
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
City Manager Garcia informed the Council that he would be placing an item on next week's
agenda. recommending action bv the Council to re-institute the December 2. 2008 Council
Meeting, for the purpo~e of decla,;ing results of the November 4, 2008 election au'd installation of
newly elected Councilmembers.
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July 15, 2008
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DRA.FT
14. MAYOR'S REPORTS
Mayor Cox alU10unced the recent opening of a branch of Bank of America at Winding Walk, and
the opening of Los Arcos Restaurant on E Street. She also reminded everyone about the Colonel
Dickinson's Chicken DilU1er event on August 2, 2008. She noted that the City would be
celebrating its 1 OOth Anni versary in 2011, and hoped for publication of a book at that time,
illustrating the City's history. To that end, she spoke about perhaps forming a centennial
committee to discuss the book more fully. She announced that Chula Vista's Urban Core
Specific Plan recently won the Urban Land Institute's Award, and the award was currently being.
displayed in the Council office. She stated that Otay Ranch Certified Farmers Market had joined
the Downtov<TI Farmers Market on Tuesdays and Thursdays respectively. She corrunented that
Endow Chula Vista was moving forward, and was up to 14 founding members. She stated that
the group was hopeful to collect $100,000 by the end of the year, half of which would be spent
on City causes. She encouraged anyone interested in donating, to learn more about Endow
Chula Vista.
15. COUNCIL COMMENTS
Deputy Mayor Rindone thanked the Police Department and Cricket Amphitheatre for a revised
transportation plan that had improved traffic access to amphitheatre events. He spoke of the
recent luncheon for retiring Senior Assistant City Attorney Sharon Marshall, a valued and trusted
employee, and he wished her health and happiness. He spoke regarding the full cost recovery
assessment for the Championship Off-Road Racing (CORR) item from the Council Meeting of
July 8, 2008, and requested that staff bring the item back with an analysis of the benefits to the
City of the $55,000 additional revenue from the event. 'City Manager Garcia restated Deputy
Mayor Rindone's request for staff to give a presentation on the full cost recovery program, which
covered all departments: and as a result oflast week's Council action, which would apply full
cost recovery to the CORR racing project, bring information forward to get Council direction on
what to do with the resulting $55,000. Deputy Mayor Rindone agreed that City Manager
Garcia's two points would satisfy his request.
Councilmember McCann stated that he was at Harborside Park over weekend and was pleased to
report that members of the public were utilizing all areas of the park, and that was a good
reminder that the reason the Council existed was to foster corrununity feeling.
Councilmember Castaneda recognized the recent passing of Judy Schulenberg, a long-
time active member of the corrununity, and Roberto De Philippis, former proprietor of
the Butcher Shop restaurant. He requested staff to bring back the Championship Off-Road
Racing item, (Item 13) from the meeting of July 8, 2008, in order to revisit the matter. Interim
City Attorney Miesfeld responded that Item 13-A could not be brought back for discussion and
action, and he would confer with staff about bringing back Items 13-B and 13-C Deputy Mayor
Rindone indicated that it was his preference that the items not be brought back, since he had
voted against them. Councilmember Castaneda requested that staff place an item on the July 22,
2008 agenda for a PowerPoint presentation on the dangers of plastic bags. He corrunented on the
upcoming interviews to fill one vacancy on the Parks and Recreation Corrunission, and requested
that the Council have the ability to review all applicants for nomination by the Council.
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July 15, 2008
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DRA.FT
COUNCIL COMMENTS (Continued)
Councilmember Ramirez suggested development by the Council, of a Council Policy for waiving
full cost recovery. He then spoke about his work with a group of seniors at the Norman Park
Senior Center, who had developed a program named "Mining California Gold" to come up with
ideas that \vould benefit the community. One of the latest ideas would be to utilize the tag line
"Chula Vista Courtesy Valued", and he asked for thoughts arid consideration by the Council on
the suggested tag line.
Mayor Cox announced that the meeting would adjourn in memory of Judy Schulenberg.
The Council convened in Closed Session at 10:00 p.m.
CLOSED SESSION
16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LlTlGA TION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b):
Two cases
No reportable action on the first case; and second case was not discussed.
ADJOUR..NMENT
At 10:30 p.m., Mayor Cox adjourned the meeting in memory of Judy Schulenberg, to the
Regular Meeting of July 22, 2008 at 6:00 p.m. in the ,Council Chambers, and thence to and
Adjourned Regular Meeting of July 23, 2008 at 6:00 p.m., in the Executive Conference Room,
and thence to a Special Meeting of July 23, 2008, at 8:00 p.m. in the Council Chan1bers.
~
Lorraine Bennett, CMC, Deputy City Clerk
~ ..--"
Page 11 - Council Minutes
July 15,2008
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