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HomeMy WebLinkAbout2009/01/20 Item 1DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 14, 2008 6:00 P.M. A Regulaz meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councihnembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY LAUDERBACH PARK REOPENING PRESENTATION AND UPDATE BY REDEVELOPMENT AND HOUSING PROJECT COORDINATOR CARLA BLACKMAR AND COMMUNITY REPRESENTATIVES Housing Project Coordinator Blackmar gave a presentation on the Lauderbach Park re-opening event. She introduced Tanya Rovira Osterwalder, Project Manager, Healthy Eating Active Communities, who was instrumental in leading the effort for the pazk re-opening. Ms. Rovira- Osterwalder gave an overview of the park's re-opening event. Staffrnember Blackmaz invited the community to the Lauderbach Picnic Day on November 8, 2008, 11:00 a.m. to 1:00 p.m. Councilmember Ramirez spoke of the need for collaborative efforts between City staff and community organizations to create ongoing opportunities for activities in Lauderbach Pazk. CONSENT CALENDAR (Items 1 through 6) Item 4 was removed from the Consent Calendar for discussion by Deputy Mayor Rindone. Councibnember McCann abstained from voting on Item 2. APPROVAL OF MINUTES of August 5 and August 7, 2008. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember McCann requesting an excused absence from the Council meeting of October 7, 2008. Staff recommendation: Council excuse the absence. Page 1 -Council Minutes October 14, 2008 /~J/ DRAFT CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2008-236, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF CONFINED SPACE TRAINING APPURTENANCES AT FIRE STATION NO. 4 TO MJC CONSTRUCTION IN THE AMOUNT OF $40,000 WHICH WILL BE FUNDED THROUGH THE CALIFORNIA FIlZE FIGHTER JOINT APPRENTICESHIP COMMITTEE The Chula Vista Fire Department training site located at 850 Paseo Ranchero is a Regional Technical Rescue Training Facility which is certified by the California State Fire Mazshal's Office and is astate-of--the-art facility. The Training Division plans to provide additional underground confined space training structures. These structures can be used for State-certified rescue classes. Adoption of the resolution awazds a contract for the construction of the facility, which will consist of four cement vaults connected by underground piping. (City Engineer/Engineering Director, Interim Fire Chief) Staff recommendation: Council adopt the resolution. 4. Item 4 was removed from the Consent Calendar. 5. RESOLUTION N0. 2008-238, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING LANDSCAPE MAINTENANCE CONTRACTS TO BRICKMAN GROUP FOR COMMUNITY FACILITY DISTRICTS VILLAGE 11 PHASE 3, SUNBOW II, OTAY RANCH VILLAGE 1 WEST, AND OTAY RANCH AB, AND AWARDING A LANDSCAPE MAINTENANCE CONTRACT TO PARK WEST LANDSCAPE FOR COMMUNITY FACILITY DISTRICT OTAY RANCH STA B, ALL FOR A TERM BEGINNING ON OCTOBER 8, 2008 THROUGH JUNE 30, 2009 AND AUTHORIZING THE PURCHASING AGENT TO APPROVE FIVE ADDITIONAL, ONE-YEAR EXTENSIONS OF THE TERM OF THE CONTRACTS Due to continued deficiencies in landscape maintenance services for the Community Facility Districts in Village 11 Phase 3, Sunbow II, Otay Ranch Sta B, Otay Ranch Village 1 West and Otay Ranch AB, the City exercised its option to not renew the existing maintenance contracts in these districts for Fiscal Yeaz 2009. As a result, these Community Facilities Districts went out to bid on July 31, 2008. Adoption of the resolution awazds the contracts for landscape maintenance. (Public Works Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2008-239, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE RAILS-TO-TRAILS CONSERVANCY'S 2010 CAMPAIGN FOR ACTIVE TRANSPORTATION Page 2 -Council Minutes October 14, 2008 ~/7 ~ -~ DRAFT CONSENT CALENDAR (Continued) The Rails-to-Trails Conservancy is working to expand a Federal pilot program to get people out of their cars and into a more active mode of transportation -walking, biking or transit. The City of Chula Vista has long promoted the idea of providing its citizens with transportation choices. Adoption of the resolution officially supports the Campaign for Active Transportation on behalf of the City of Chula Vista to expand the Non-motorized Transportation Pilot Program within SAFETEA-LU in the next federal transportation re- authorization bill. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to adopt the balance of the Consent Calendar, Items 1 through 3, 5, and 6, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 5-Q except on Item 2, which carried 4-0-1, with Councilmember McCann abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2008-237, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CREATNE BENEFITS, A WAGE WORKS COMPANY, FOR THIRD PARTY ADMINISTRATION OF FLEXIBLE SPENDING ACCOUNT (FSA) REIMBURSEMENTS, THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) CONTINUATION PLAN, AND THE RETIItEE PLAN, AND AUTHORIZING THE CITY MANAGER TO APPROVE THREE ADDITIONAL ONE-YEAR EXTENSIONS OF THE TERM OF THE AGREEMENT The Human Resources Department is recommending that the City contract with athird- party administrator to handle Flexible Spending Account reimbursements, administration of the COBRA Continuation Plan and the Retiree Plan. A Request for Proposal was issued and five proposals were received and evaluated. Adoption of the resolution approves an agreement with Creative Benefits. (Human Resources Director) Staff recommendation: Council adopt the resolution. In response to questions from Deputy Mayor Rindone, Human Resources Director Raskin stated that the cost for administrative fees would be $4.75 per month per participant, and would not require Council approval. Deputy City Attorney Cusato responded to a question from Deputy Mayor Rindone regarding payment of penalties for errors, stating that in the proposed contract, Creative Benefits had indemnified the City for all professional errors, with a separate clause for errors and omissions. Interim City Attorney Miesfeld further clarified that indemnity provisions did exist in the proposed contract and that the City could hold Creative Benefits to any penalties under the proposed contract. With respect to justification for outsourcing, Director Raskin explained that employee-forfeited flexible spending funds could only be utilized for flex plan- related programs. Additionally, outsourcing to a third party would provide a greater level of confidentiality for the employees. Page 3 -Council Minutes Octobez 14, 2008 ~i9- ,3 DRAFT CONSENT CALENDAR (Continued) Discussion ensued between Council and staff regazding concerns about penalties. Councilmember Castaneda requested that in the future, if a service was proposed to be outsourced, an analysis be included in staffs report to the Council of where cuts were being made in the deparhnent, showing justification for outsourcing. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2008-237, heading heading read, text waived, with direction to staff to meet with Creative Benefits to ensure clarity about Creative Benefit's responsibility for payment of penalties, and that responsibility be secured in future contracts for subsequent yeazs. Councilmember McCann seconded the motion and it carried 5-0. Deputy Mayor Rindone requested that staff provide a memorandum to the Council, subsequent to their meeting with Creative Benefits, about what would be agreed upon for future City contracts. PUBLIC COMMENTS Adela Garcia, Chula Vista resident, expressed concern about a proposed installation of a micro cell tower neaz her residence in the Rancho Del Rey neighborhood. She requested that the City consider alternative sites, away from residential properties, for cell towers to be located. The matter was referred to staff. Hugo Ivan Salazar, Chula Vista resident, representing Communities Taking Action, stated that he would continue to address concerns with the City about issues regazding the interests of the Southwest Community. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed MMC Peaker Power Plant. She requested that Councilmembers McCann, Castaneda and Ramirez make it cleaz to the California Energy Commission that the City's ordinance was being violated with the proposed peaker plant. PUBLIC HEARINGS 7. CONSIDERATION OF AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE American Golf Corporation (AGC) is requesting rate changes to green fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, AGC can submit rate changes on an annual basis for the City's review and approval. The current Green Fees have been in effect since August 1, 2006. (Public Works Director) Staff recommendation: Council continue the public hearing to October 21, 2008. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Item 7 was continued to the Council Meeting of October 21, 2008, at the request of staff. Page 4 -Council Minutes October 14, 2008 ~~ DRAFT ACTION ITEMS 8. PUBLIC COMMENT REGARDING A LEGAL MEMORANDUM (REDACTED) DISCUSSING DISTRICT ATTORNEY REIMBURSEMENT OF FEES PURSUANT TO A REFERRAL FROM THE CITY COUNCIL MEETING OF OCTOBER 7, 2008 (Interim City Attorney) John Moot, Chula Vista resident, spoke about the redacted legal memorandum released by the City Attomey's office. He conveyed his agreement that the District Attorney's office was not liable for payment of Councilmember Castaneda's legal fees. He also stated that the City was not required to pay for Councilmember Castaneda's legal fees. He stated that the solution to saving taxpayers money was for the Council to conduct the matter in open session, have a legal memorandum outlining the law, and a re-vote after reviewing the case laws. He stated that the additional legal fees reflected in the report raised other issues, and should be explained to the public. Scott Vinson, Chula Vista resident, spoke with respect to the release of the legal memorandum regarding Councilmember Castaneda's legal Fees, agreeing that the City had no recourse to recover the fees from the District Attomey's Office. He stated that the Council had the right to request that Councilmember Castaneda pay the City back for his legal fees. Robert Gazcia, Chula Vista resident, stated that the matter of Councilmember Castaneda's legal fees had become too political, that a jury verdict found Councilmember Castaneda not guilty. OTHER BUSINESS 9. CITY MANAGER'S REPORTS Interim City Manager Tulloch notified the Council that the City had been allocated $2.8 million dollars in grant funding from the U.S. Department of Housing and Urban Development, to be used to purchase foreclosed or abandoned homes and properties, and/or to rehabilitate, re-sell or redevelop homes to help stabilize neighborhoods. He stated that staff would return to the Council on November 18, 2008 with a proposed amended CDBG action plan in order to take advantage of the grant funds. 10. MAYOR'S REPORTS Ratification of the appointment of Gabriela Sofia Brannan to the Civil Service Commission. ACTION: Mayor Cox moved to ratify the appointment of Gabriela Sofia Brannan to the Civil Service Commission. Deputy Mayor Rindone seconded the motion and it carried 5-0. Mayor Cox spoke about "Operation Splash", a partnership between the City and the Chula Vista Elementary School District, to teach swim lessons to fourth grade students in low socio- economic areas. She stated that Kaiser Permanente donated 50,000 dollazs towazds the program. Page 5 -Council Minutes ,L~- October 14, 2008 // / DRAFT 11. COUNCIL COMMENTS Councilmember Ramirez spoke about his recent attendance at the National Association of Latino Elected and Appointed Officials (NALEO) conference in Houston, Texas, that included discussions about the fmancial implications to municipalities related to the country's broader economic crisis. To that end, he stated that he would submitting the conference-related material to Interim City Manager Tulloch for his analysis, and to have staff bring back any pertinent information that would be useful for Council consideration on any of its future actions. Councilmember Castaneda stated that he also attended the NALEO conference. He spoke about the foreclosure crisis and looked forward to discussions on how to move forwazd with assisting local families retain their homes. He thanked and recognized Code Enforcement Manager Leeper and his staff, for their work that resulted in the enactment of a City Ordinance making lenders responsible for property upkeep as soon as a notice of mortgage default was filed on a vacant dwelling. He recognized and thanked Vera Howell of Turner Construction, for implementing and conducting a voluntary after-school construction and design course for school students at Castle Pazk High School, and he gave kudos to the students for their initiative in attending the voluntary course. He announced an upcoming Public Safety Subcommittee Meeting on October 30, 2008 at 6:00 p.m., at Lauderbach Boys and Girls Club, 333 Oxford Street, to discuss law enforcement issues. Councilmember McCann thanked the numerous community members and businesses that participated in the Christmas in October event, resulting in seven local home makeovers. Deputy Mayor Rindone gave his appreciation to all those who participated in the 10th annual Christmas in October event. He then spoke about his attendance at the recent American Legion Chula Vista Post 434 Law and Order awazds dinner that recognized five local public safety officials. He congratulated Louis Cornish, the event coordinator, and the American Legion for their ongoing efforts. The Council convened in Closed Session at 7:14 p.m. CLOSED SESSION 12. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Planning and Building Director No reportable action was taken on this item. 13. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 (Closed Session was not held on this item on October 7, 2008) Title: City Manager No reportable action was taken on this item. Page 6 -Council Minutes October 14, 2008 /g~ ~ DRAFT CLOSED SESSION (Continued) 14. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 (Closed Session was not held on this item on October 7, 2008) Title: City Manager No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case This item was pulled from the agenda and no action was taken. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Thanh Le v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2007- 000076220-CU-PA-CTL No reportable action was taken on this item. 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Fire Chief No reportable action was taken on this item. 18. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 No reportable action was taken on this item. ADJOURNMENT At 9:15 p.m., Mayor Cox adjourned the meeting to the Regular meeting of October 21, 2008 at 6:00 p.m. in the Council Chambers. ,~~~' ~~~ Loaaine Bennett, CMC, Deputy City Clerk Page 7 -Council Minutes October 14, 2008 ~~ DRAFT MINiJTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 21, 2008 6:00 P.M. A Regular meeting of the City Council of the City of Chula Vista was called to order at 6:01 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: None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Noms, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY Mayor Cox announced that the City recently received an awazd for a program started by Principal Civil Engineer Ammerman, in an effort to bring government, private individuals, and businesses together in a campaign to promote sustainability. Staffinember Ammerman displayed the Industrial Environmental Association's "Environmental Stewardship Awazd" for the City's clean campaign, an innovative community outreach approach to engage residents, businesses and visitors in the City's environmental programs with the goal to transform good intentions into tangible actions. Mayor Cox also recognized staffinembers Michael Meacham, Brendan Reed, and Lynn France. CONSENT CALENDAR (Items 1 through 9) Item 5 was removed from the Consent Calendaz for discussion by Deputy Mayor Rindone. Councilmember Castaneda stated he would be abstaining from voting on Item 9, due to the proximity of his residence to the event location. With respect to Item 7, Deputy Mayor Rindone stated he was pleased to see the adoption of the proposed policy. 1. APPROVAL OF MINUTES of August 12 and September 9, 2008. Staff recommendation: Council approve the minutes. Page I -Council Minutes October 21, 2008 /iC7 DRAFT CONSENT CALENDAR (Continued) 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 20.04 AND 5.02 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTIONS 20.04.025 AND 20.04.050 AND A CROSS REFERENCE IN SECTION 5.02 (FIRST READING) On July 10, 2008 City Council approved the Climate Change Program's implementation plans for seven new measures to reduce Chula Vista's citywide greenhouse gas or "cazbon" emissions by lowering energy and water consumption, installing renewable energy systems, promoting alternative fuel vehicles and designing pedestrian and transit- friendly communities. Climate Change Program Measure #3's implementation plan directs staff to create a new municipal ordinance that encourages businesses to participate in a free energy and water assessment of their facilities. Adoption of the ordinance assists businesses with identifying opportunities to reduce their monthly utility costs through a no-cost, voluntary assessment program, which will be integrated into the business licensing process. (Conservation & Environmental Services Director) Staff recommendation: Council hold first reading of the ordinance. 3. RESOLUTION NO. 2008-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR AUTO PARK NORTH TENTATIVE PARCEL MAP 03-03 The proposed amendment will allow and obligate Chula Vista Auto Pazk Association, a California nonprofit mutual benefit corporation, to perpetually maintain curb inlet inserts within the public right-of--way. {City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2008-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELNERY OF A SECOND SUPPLEMENTAL BOND INDENTURE IN CONNECTION WITH THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE 11) 2004 SPECIAL TAX BONDS AND 2006 SPECIAL TAX BONDS Community Facilities District No. 07-I was formed to provide the fmancing for streets and infrastructure for Otay Ranch Village 11 (WindingWalk). The developer, Brookfield Shea Otay, has requested that funds, previously budgeted for major roads on the perimeter of the project (within the Transportation Development Impact Fee program), be used for backbone roads within the project. The Second Supplemental Bond Indenture provides for this action. (City Engineer/Engineering Director, Finance Director) Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes October 21.2008 ~G7 '~ DRAFT CONSENT CALENDAR (Continued) 5. Item 5 was removed from the Consent Calendar. 6. RESOLUTION NO. 2008-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2007/2008 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND TRANSFER AUTHORITY (4/STHS VOTE REQUIRED) The Council Policy on Financial Reporting and Transfer Authority requires all departments complete the fiscal yeaz with a positive balance in each budget summary category (Personnel Services, Supplies and Services, Other Expenses and Capital). In order to comply with the intent of this policy, the transfers discussed in the report aze recommended for approval. All General Fund transfers can be accomplished using existing appropriations. (Finance Director/Treasurer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2008-243, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE PURCHASING ENVIl20NMENTALLY PREFERABLE PRODUCTS POLICY The City's Finance Department has an Environmentally Preferable Purchasing Policy (EPP) designed to encourage departments to purchase, whenever practical, environmentally preferable products. (Finance Director, Government Relations Liaison, Public Works Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2008-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING UPDATES AND CHANGES TO THE RECYCLING AND SOLID WASTE PLANNING MANUAL AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE FUTURE UPDATES TO THE MANUAL On January 24, 2007, the Regional Water Quality Control Boazd adopted the National Pollutant Discharge Elimination System (NPDES) Municipal Permit, which requires jurisdictions within San Diego County to develop and enforce actions that prohibit the discharge of pollutants into the City's storm drains. Adoption of the resolution updates the City's Recycling and Solid Waste Planning Manual and includes requirements for recycling and solid waste enclosures and storage azeas in new industrial, commercial, and multi-family developments to be designed with solid roofs to prevent storm water contact with trash and recyclables. It also includes allowing future updates to the manual to be made administratively with the approval of the City Manager or designee. (Public Works Director) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes October 21, 2008 ~~ 2 DRAFT CONSENT CALENDAR (Continued) 9.A. RESOLUTION NO. 2008-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARTLIGHT PARADE ON DECEMBER 6, 2008 FROM 1 P.M. TO 10 P.M. B. RESOLUTION NO. 2008-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN CTFY OF CHULA VISTA AND THIl2D AVENUE VILLAGE ASSOCIATION FOR THE 46TH ANNUAL STARLIGHT PARADE ON DECEMBER 6, 2008 The annual Starlight Pazade is a long standing holiday tradition in the community and will be held for the 46th year in Chula Vista. For the parade, the Third Avenue Village Association requests the closure of Third Avenue between "D" and "I" Streets, between Second and Fourth Avenues and portions of intersecting streets from 1 p.m. to 10 p.m. on Saturday, December 6. (Communications Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations to adopt Consent Calendaz Items I-4 and 6-9, headings read, text waived. Councihnember Ramirez seconded the motion and it carried 5-0, except on Item 9, which carried 4-0-1, with Coancihnember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. FISCAL YEAR 2007/2008 ANNUAL FINANCIAL STATUS REPORT This report was provided in order to meet the City Charter requirement of publishing the City's Combined Statement of Revenues, Expenditures and changes in Fund Equity in the local newspaper within 120 days of the close of the fiscal yeaz. The statement is scheduled for publication in the October 24th issue of The Star News, which is the City's adjudicated newspaper of general circulation. (Finance Director) Staff recommendation: Council accept the report. Deputy Mayor Rindone requested staff s assessment as to why the amount of the Real Property Transfer Tax was less than half of what was projected. Finance Director Kachadoorian explained that the transfer tax was part of the base budget in the spring of 2007, prior to knowledge about current sub-prime rates, but was since adjusted as part of the quarterly projections presented to the Council, and part of the identified budget gap.. Councilmember McCann clarified, and staff confirmed that the projected General Reserve Fund was ahead of what had been forecasted for the yeaz's-end. Further discussion ensued regazding past historical reserve levels in the City. Page 4 -Council Minutes October 21, 2008 /~~~ DRAFT CONSENT CALENDAR (Continued) Deputy Mayor Rindone suggested a future Council Workshop to discuss GASB 45, Governmental Accounting Standards Boazd regulations that required governmental entities to disclose their retiree health-care expenses. ACTION: Deputy Mayor Rindone moved to accept the Fiscal Year 2007/2008 Annual Financial Status Report. Councilmember Castaneda seconded the motion and it carried 5-0. PUBLIC COMMENTS Guillermo Lopez, Chula Vista resident, asked the Council to think about the issue of the proposed peaker plant, and expressed concern about pollutants affecting the community. Steve Eastis, Chula Vista resident, representing the Third Avenue Village Association, thanked the City for its assistance with the success of the City's first bridal extravaganza/Quinceanera event at Memorial Park. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke about issues related to the proposed peaker power plant, stating that nothing was being done to shut down the current power plant or to avoid improper placement of the proposed power plant. She also addressed the disrepair of City streets and sidewalks, poor conditions of alleys and drainage, and issues with mosquitoes around trail areas. Carlos Lopez, Chula Vista resident requested Ms. Acerro to read his statements regazding the dangers of the proposed peaker power plant and its effects on the health of children in the area. He requested that the Council direct staff to tell the Californian Energy Commission that according to the 2005 Chula Vista General Plan, the power plant was in the wrong location, or to face the humiliation of a recall. Diana Vera, Chula Vista resident, stated that the decision for recall of the Mayor came from a group of dissatisfied community members, and stated that decisions regarding the proposed peaker power plant were made behind closed doors. Coraciela Martinez, Chula Vista resident, did not speak, but instead, displayed a video that conveyed concerns in her neighborhood regazding the proposed peaker power plant and its associated health issues, and potential to lower property values in the area. Laura Davis, representing Difference Makers International, home of the Blue Ribbon program, stated that the program offered kids a voice for change. She then introduced Roberto De La Pena, Student Body President, High Tech High School, and recent program graduate. Ms. Davis explained that the program included eradicating bullying; making kids' dreams comes true, and building love and respect with blue ribbons. She announced two upcoming events at Turning the Hearts Center: "Teens Train Teens", on November 1, 2008 from 2:00 p.m. to 4:00 p.m., and "Blue Ribbon-A-Thon" on November 8, 2008. Page 5 -Council Minutes October 21, 2008 /~ ~~ DRAFT PUBLIC COMMENTS (Continued) Roberto De La Pena, San Ysidro resident, representing Difference Makers International, explained that the program provided kids with a voice and tools to build confidence. He invited the Council to attend the events and to be part of the program. PUBLIC HEARINGS 10. CONSIDERATION OF AMENDING THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE American Golf Corporation (AGC) is requesting rate changes to greens fees for the Chula Vista Municipal Golf Course. In accordance with the lease agreement, AGC can submit rate changes on an annual basis for the City's review and approval. The current greens fees have been in effect since August 1, 2006. This item was continued from the meeting of October 14, 2008. (Public Works Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Councihnember McCann stated he would be abstaining from voting on Item 10, due to the proximity of his property to the golf course. He left the dais at 6:47 p.m. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she then closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-247, heading read, text waived: RESOLUTION NO. 2008-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER VIII (GREENS FEES, CHULA VISTA MUNICIPAL GOLF COURSE) OF THE CITY'S MASTER FEE SCHEDULE AND ESTABLISHING NEW GREENS FEES AT CHULA VISTA MUNICIPAL GOLF COURSE Councihnember Ramirez seconded the motion and it carried 4-0-1 with Councilmember McCann abstaining. Councilmember McCann returned to the dais at 6:49 p.m. ACTION ITEMS 11. CONSIDERATION OF APPROPRIATION OF PARK ACQUISITION AND DEVELOPMENT FUNDS TO DEVELOP MASTER PLANS FOR THE OTAY RANCH COMMUNITY MASTER PARK AND THE OTAY RANCH VILLAGE II NEIGHBORHOOD PARKS Page 6 -Council Minutes October 21, 2008 /~ DRAFT ACTION ITEMS (Continued) Adoption of the proposed resolutions appropriate funds to develop the Master Plans for the Otay Ranch Community Park (previously referred to as 70-Acre Pazk), and Otay Ranch Village 2 neighborhood parks. It is anticipated that the master planning process including land pazcel acquisition, site analysis, and conceptual design for the Otay Ranch Community Park will take 18 to 30 months. The Master Plan programming and conceptual design for the two Otay Ranch neighborhood pazks is each estimated to be completed within 12 to 18 months. Sufficient monies aze available in the Park Acquisition and Development Fund to Fund these work efforts. (City Engineer/Engineering Director) ACTION: Deputy Mayor Rindone moved to adopt the following Resolution Nos. 2008-248, 2008-249, and 2008-250, headings read, text waived: A. RESOLUTION NO. 2008-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "OTAY RANCH COMMUNITY PARK CIP NO. PR261", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IIvIPROVEMENT BUDGET, AND APPROPRIATING $697,764 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND TO CIP NO. PR261 TO DEVELOP A MASTER PLAN FOR THE OTAY RANCH COMMUNITY PARK (4/STHS VOTE REQUIRED) B. RESOLUTION NO. 2008-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TWO NEW CAPITAL IMPROVEMENT PROJECTS ENTITLED "OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-2 CIP NO. PR309" AND "OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 CIP NO. PR308", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND CIP NO. PR308 AND APPROPRIATING $122,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND CIP NO. PR309 TO DEVELOP MASTER PLANS FOR THE OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-2 AND THE OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK P-3 (4/STHS VOTE REQUIRED) C. RESOLUTION NO. 2008-250, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW PARK SAFETY NETTING CIP NO. PR303", AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT BUDGET, AND APPROPRIATING $150,000 FROM THE PARK ACQUISITION AND DEVELOPMENT FUND FOR SAFETY NETTING AT THE SUNSET VIEW PARK ROLLER HOCKEY RINK (4/STHS VOTE REQUIRED) Councilmember Ramirez seconded the motion and it carried 5-0. Page 7 -Council Minutes '] October 21, 2008 /~'" / DRAFT OTHER BUSINESS 12. CITY MANAGER'S REPORTS Interim City Manager Tulloch asked the Council to consider canceling the Council Meeting of October 28, 2008, due to the lack of agenda items. It was the consensus of the Council to cancel the meeting. He further stated that a proposed budget for fiscal year 2009/2010 would be presented at the December 4, 2008 Council Workshop. To that end, he recommended that a prior Council Workshop be conducted to assist staff with abroad-brush review for revenue projections and initial input to set the stage for the December 4`h Workshop. He suggested that the workshop be scheduled for November 17, 2008 or alternatively, in conjunction with the regulazly scheduled Council Meeting of November 18, 2008. It was the consensus of the Council to respond to staff with suggested dates via a-mail. 13. MAYOR'S REPORTS Mayor Cox announced her participation in the recent grand opening and ribbon cutting of the Maria Candalaria on Third Avenue, and the recent opening of the Pride Martial Arts studio in the San Miguel Ranch community. She announced a free home clinic for distressed homeowners on October 25, 2008, at the Civic Center Branch Library, from 10:00 a.m. to 3:00 p.m. She stated that fiuther information about the clinic was available at www.housingcollaborative.org. She announced Nature Center Wildlife Refuge week, commencing October 18, 2008, with more information at www.cvnc.us. Mayor Cox noted that the December 2, 2008 Special Council Meeting would commence at 6:00 p.m. rather than 4:00 p.m. in order to certify the election results. 14. COUNCIL COMMENTS Councihnember Ramirez spoke about his attendance at the recent classical guitarist concert at the South Chula Vista Library, and he thanked staff for hosting the well-attended event. He spoke about inquiries he received regarding the Chula Vista Animal Caze facility, and thanked staff for making themselves available to showcase the facility improvements. He also reminded the community of the importance of spaying and neutering pets. Councilmember Castaneda informed the community of a free workshop for local small business retailers, about the practice of safe alcohol and sales service. The workshop was scheduled for November 6, 2008, from 1:00 p.m. to 3:00 p.m., at the Chula Vista Police Department. He requested that the notice about the workshop be posted on the City's website. Councilmember McCann thanked Recreation Director Martin, Interim Fire Chief Geering, and staff, for their proactive approach in providing a pool safety education program. Deputy Mayor Rindone congratulated the Christmas in October Captains for their leadership and participation in the recent event, and also recognized Dr. Emerald Randolph for her leadership as the event organizer. He spoke about his recent attendance at the Western Salt Project Bayshore Bikeway groundbreaking event, and recognized and congratulated County Supervisor Cox for his leadership with the project, stating that the south bay cities were all well represented by their elected officials. He then requested that the agenda be kept light for the Council Meeting of November 4, 2008, in light of the Municipal and the Presidential elections. Mayor Cox recessed he meeting to convene in Closed Session at 7:04 p.m. Page 8 -Council Minutes October 21, 2008 s~-~ DRAFT CLOSED SESSION 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager No reportable action was taken on this item. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): Two cases Case one: This case was not discussed and no action was taken. Case two: No reportable action was taken on this case. ADJOURNMENT At 8:15 p.m., Mayor Cox adjourned the meeting to the Regulaz Meeting of October 28, 2008 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 9 -Council Minutes October 21, 2008 /~-9