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HomeMy WebLinkAboutcc min 2008/07/10 MINUTES OF AN ADJOURNED 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: 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 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 CHANGE WORKING GROUP MEASURES IMPLEMENT A 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 growth) 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 1, 2008. The report outlines staffs strategy to implement the measures including an analysis of each measure's budget, timeline 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) L--~c_~ 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 1 - 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 Growth around Trolley Stations MEASURE 7 - Turf Conversion Program Staffinember 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 Nonresidential Buildings) requirement. Theresa Acerro, Chula Vista resident, spoke in support of the original recommendations 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 ACTION ITEM (Continued) Donald Lee, La Jolla resident, representing the San Diego County Sierra Club Global Warming Committee, urged the Council to enact the strongest protection measures against carbon emissions. He stated that the Sierra Club was opposed to staffs recommendations that included reduced green building standards, elimination of third party verification, and creation of the loophole that would allow developers to pay money instead of making real carbon reductions. Leo Miras, representing Environmental Health Coalition, stated that staffs recommendations regarding green building standards were inconsistent with the Council's direction. He suggested modifications such as limiting use of mitigation fees, giving greater weight to energy efficiency, and ensuring transparency and accountability. He suggested streamlining the process for Measure 5. He also suggested giving priority to measures that would guarantee reductions, and reviewing implementation measures in two years to ensure goals were being met. David Stucky, Chula Vista resident, representing the Building Industry Association of San Diego, and Building Owners and Managers Association (BOMA) International, expressed concern regarding Measure 3, stating that a currently free and voluntary program would become mandatory and at a cost. Regarding Measure 4, he expressed concern about the lack of economically feasible technology to meet the recommended standard. He recommended an approach with focus on carbon emission reductions. Craig Benedetto, San Diego resident, representing the National Association of Industrial and Office Properties, spoke in support of Measure 4 as it related to moving away from LEED (Leadership in Energy and Environmental Design) as a mandate. He stated that new development was bearing the burden of energy efficiency and carbon offsets because of older, less efficient development. He expressed the need for balanced responsibility between all users, and retrofitting existing older developments, both residential and commercial. Matt Adams, San Diego resident, representing the Building Industry Association, spoke with respect to Measures 4 and 5, stating that the problem was with existing older homes. He commented that real costs and carbon benefits would be realized if the proposed fee for new buildings was applied to retrofitting of older homes. He asked that the Council delay making a decision to require standards above Title 24 in anticipation of State legislation that would be addressing the issues. Lynda Gilgun, Chula Vista resident, and member of the Climate Change Working Group, spoke in support of the proposed green building standards which she stated would have the most potential for lowering carbon emissions by maintaining a 20% reduction over the Title 24 energy efficiency standard, and retrofitting older existing homes and businesses. She recommended that Council adopt the program implementation plan with the original measures approved on April 1, 2008, and suggested mitigation fees be utilized for anything between a 15% minimum reduction and the 20% reduction standard. Michael Gilgun, Chula Vista resident, urged the Council to adopt the very strictest building and energy efficient standards possible. Page 3 - Council Minutes - Climate Change Working Group July] 0.2008 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 1, 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 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" Roque, 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 I, 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 I and 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 beyond City 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, ChuJa Vista resident, did not speak, but indicated support of the seven measures. At 8:37 p.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 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 City work with and offer incentives to businesses that have high efficiency/alternative 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 owners 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 ACTION ITEM (Continued) MEASURE 6 - Smart Growth Around 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 staffs 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 (I) ADOPTING THE IMPLEMENTATION PLANS FOR THE CLIMATE CHANGE WORKING GROUP MEASURES, (2) APPROVING PARTIAL IMPLEMENTATION OF THE MEASURES BASED ON CURRENT FUNDING LEVELS, (3) AUTHORIZING STAFF TO PURSUE ADDITIONAL FUNDING OPTIONS AND (4) DIRECTING STAFF TO RETURN 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 GOVERNMENT CODE SECTION 54956.9(a) Robert Carman v. Citv ofChula Vista San Diego Superior Court, Case No. GIS 28421 Deanna Mory, et a!. v. Citv of Chula Vista, et a!., United States District Court, Case No. 06 CV 1460 JAH (BLM) Deanna Mory, et a!. v. Citv of Chula Vista, et a!., 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 l CLOSED SESSION (Continued) 3. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One case No reportable action was taken on this item. ADJOURNMENT 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. ~-- Lorraine Bennett, CMC, Deputy City Clerk ~ .: ...;;.-- Page 8 - Council Minutes - Climate Change Working Group July 10,2008