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HomeMy WebLinkAboutcc min 2009/03/03MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 3, 2009 4:00 P.M. A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, and Mayor Cox ABSENT: McCann (excused) ALSO PRESENT: City Manager Sandoval, 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 INTRODUCTION BY PUBLIC WORKS DIRECTOR RICK HOPKINS OF THE EMPLOYEE OF THE MONTH, JUAN LLAMAS JR., SENIOR MAINTENANCE WORKER Public Works Director Hopkins introduced employee of the month, Juan Llamas Jr. Mayor Cox read the proclamation and Councilmember Ramirez presented it to Juan. OATH OF OFFICE: Mitchell Thompson -Planning Commission City Clerk Norris administered the oath of office to Mitchell Thompson, and Councilmember Bensoussan presented him with a certificate of appointment. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO MARCIA RASKIN, HUMAN RESOURCES DIRECTOR FOR HER RETIREMENT AFTER NINE PLUS YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA Mayor Cox read the proclamation and City Manager Sandoval presented it to Mazcia. RECOGNITION BY MAYOR COX AND THE CITY COUNCIL OF MR. OLAF MJELDE FOR HIS GENEROUS DONATION OF AQUASTAR POOL DRAIN COVERS AND THEIR INSTALLATION AT THE CITY'S SWIMMING POOLS, WHICH INSURED THE POOLS WERE FULLY OPERATIONAL AND IN COMPLIANCE WITH NEW LAWS THUS AVOIDING DISPLACEMENT OF NUMEROUS GROUPS THAT UTILIZE THE CITY'S POOLS Recreation Director Martin introduced and thanked Mr. Mjelde for his donation. Mayor Cox read a letter of thanks on behalf of the City to Mr. Mjelde. Mr. Martin then presented the letter of thanks to Mr. Mjelde. Page 1 -Counci] Minutes March 3, 2009 CONSENT CALENDAR (Items 1 -10) Items 5 and 9 were removed from the Consent Calendaz for discussion by members of the public. Item l0A was pulled from the agenda and continued to March 24, 2009 at the request of the City Attorney, and was not discussed. Councilmember Castaneda stated that he would be abstaining from voting on Item l OB, due to the location of property he owns. APPROVAL OF MINUTES of December 4, 2008. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Steve Palma, member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. RESOLUTION NO. 2009-038, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION TO EXPAND THE CHULA VISTA NATURESCAPE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE GRANT AGREEMENT The California Department of Forestry & Fire Protection (CAL FIRE) has requested that the City submit a full grant proposal for its NatureScape Program to the CAL FIRE Urban Greening Grant Program. The program is a community-based initiative to help property owners create wildlife-friendly, water-smart yazds and gazdens. The City's $53,000 grant proposal would provide funds to organize 6 free community workshops to educate the public about sustainable landscape designs and to distribute 300 NatureScape-In-A-Box kits to program participants. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2009-039, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE NATIONWIDE RETIREMENT SOLUTIONS GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST (401(A) PLAN) City Council approved a deferred compensation plan pursuant to Internal Revenue Code section 401(a) in December, 2001. Per Council direction on January 13, 2009, staff is amending the Plan to suspend the City's contribution for certain employees. (Finance Director) Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes Mach 3, 2009 CONSENT CALENDAR (Continued) 5. This item was removed from the Consent Calendar for discussion. 6. RESOLUTION N0. 2009-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $302,579 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES, THE CITY OF SAN DIEGO AND THE CALIFORNIA FIREFIGHTER JOINT APPRENTICESHIP COMMITTEE TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT (4/STHS VOTE REQUIRED) The Fire Department has received reimbursements in the amount of $302,579 from the State Office of Emergency Services, the City of San Diego and the California Firefighter Joint Apprenticeship Committee. Reimbursements were made for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2008 fire season and the rescue teams that were deployed for Humcane emergencies Gustav and Ike. The department is requesting to appropriate these funds to offset overtime and operating support costs. (Fire Chief) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2009-041, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $226,569 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND SECURITY PROGRAM (4/STHS VOTE REQUIRED) The San Diego County Office of Emergency Services, who administers the State Homeland Security Program (SHSP), has notified the City of the Fiscal Year 2008 SHSP award in the amount of $226,569. The State Homeland Security Program is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises and planning needs. (Police Chief) Staff recommendation: Council adopt the resolution. 8.A. RESOLUTION NO. 2009-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FISCAL YEAR 2008/2009 THROUGH FISCAL YEAR 2012/2013 SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) FOR SUBMITTAL TO CALTRANS AS PART OF THE FEDERAL ECONOMIC RECOVERY (STIMULUS) PROGRAM B. RESOLUTION NO. 2009-043, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MODIFICATION OF THE CAPITAL IMPROVEMENT PROGRAM BUDGETS FOR STL345, TF330, AND TF331 TO REMOVE EXISTING TRANSNET AND TRAFFIC SIGNAL FUNDS CONTINGENT UPON FEDERAL HIGHWAY ADMINISTRATION APPROVAL (4/STHS VOTE REQUIRED) Page 3 -Council Minutes Mazch 3, 2009 CONSENT CALENDAR (Continued) State and Federal regulations require the San Diego Association of Governments (SANDAG) to develop and adopt a Regional Transportation Improvement Program every two yeazs in order to continue receiving Federal and State funding. In order to obtain Federal funds for several City highway projects as part of "The American Recovery and Reinvestment Act" (Stimulus) Program, it is proposed that the project budgets be revised in order to submit for construction expenses. (Public Works Director) Staff recommendation: Council adopt the resolutions. 9. This item was removed from the Consent Calendar for discussion. ]0. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING APPROVAL AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND OTHER RELATED DOCUMENTS; AND AUTHORIZING APPROPRIATIONS OF $2,830,072 TO FUND THE AMENDED 2008/2009 ANNUAL ACTION PLAN FOR IMPLEMENTATION OF THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) (4/STHS VOTE REQUIRED) Item l0A was continued to the meeting of Mazch 24, 2009. 10. B. RESOLUTION NO. 2009-044, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND COMMUNITY HOUSINGWORKS FOR UNDERWRITING SERVICES FOR A FIRST TIME HOMEBUYER DOWNPAYMENT AND CLOSING COST ASSISTANCE PROGRAM In January 2009, the Department of Housing and Urban Development approved the City's Draft 2008-2009 Amended Annual Action Plan that proposed three activities to be funded with the Neighborhood Stabilization Program funds in the amount of $2,830,072. This item appropriates the funds to specific activities as well as amends the contract with Community Housingworks, extending its contract to continue underwriting the City's homebuyer assistance loans. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Cox moved to approve staff s recommendations and offered the balance of the Consent Calendar (Items 1-4, 6-8, and lOB). Councilmember Ramirez seconded the motion and it carried 4-Q except Item IOB, which carried 3-0-1 with Councilmember Castaneda abstaining due to the location of his property. Page 4 -Council Minutes Mach 3, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31, 2008 Charter Section 504(f) requires staff to submit a quarterly financial report to the City Council (Finance Director) Staff recommendation: Council accept the report. Theresa Acerro, Chula Vista resident, suggested that the Councilmembers eliminate their caz allowances and consider paying a portion of their health benefits and pension costs. ACTION: Councilmember Castaneda moved to approve staffs recommendation to accept the report. Councilmember Ramirez seconded the motion and it carried 4-0. 9. HOUSING ELEMENT 2008 ANNUAL PROGRESS REPORT The City of Chula Vista is required to prepare an Annual Progress report on the implementation of the City's Housing Element. California Government Code Section 65400 requires the report include the following: (1) progress in meeting the Regional Housing Need; (2) the effectiveness of the Housing Element in the attainment of the community's housing goals and objectives; and (3) progress toward mitigating governmental constraints identified in the Housing Element. This report provides detailed information regarding the housing activities of the City of Chula Vista from January 1, 2008 through December 31, 2008. (Deputy City Manager/Development Services Director) Staff recommendation: Council accept the report. Theresa Acerro, Chula Vista resident, asked if the Homebuyer Program materials were available in bilingual format. Redevelopment and Housing Manager Mills responded that all current programs and manuals were available in bilingual format. ACTION: Councilmember Castaneda moved to accept the report. Councilmember Ramirez seconded the motion and it tamed 4-0. PUBLIC COMMENTS Robert Solomon, Chula Vista resident, congratulated and thanked Councilmembers Ramirez and Castaneda on forgoing their car allowances. He then requested clarification on other Council benefits. He stated that Police Officers should not be paid less than personnel in administrative positions. He spoke favorably of a recent newspaper article that stated the Council needed to explore all possible ways of closing the spending gap. Mayor Cox offered that Mr. Solomon could contact the Mayor's office to discuss his questions about the Mayor and Council benefits. Page 5 -Council Minutes March 3, 2009 PUBLIC COMMENTS (continued) Steve Molski, Chula Vista resident, requested Council consideration of payment for a claim he filed with the City for eyeglasses that were broken as a result of a fall at the South County Library. Councilmember Castaneda requested that the matter be referred to the City Attorney to address the matter with Mr. Molski. Miguel Reza, San Diego resident, representing Grid Alternatives, provided information about Grid Alternatives, and explained that the organization worked with communities in need to provide renewable energy, energy efficiency and training. He asked that the City provide the organization with a list of eligible homeowners, and in turn, Grid Alternatives would provide outreach, project management, and installation services in partnership with Housing and Urban Development. Mayor Cox suggested Mr. Reza contact Conservation and Environmental Services Director Meacham to discuss the program. Councilmember Castaneda invited Mr. Reza to make a formal presentation at the next Council Energy Subcommittee Meeting. Linda De Santis, Luis Sainz, and Connie Ferte, Chula Vista residents, spoke about potential closure of the Boys and Girls Club on the west side of the City, due to a lack of funding. She requested Council assistance with keeping this Boys and Girls Club open. Riley Twiss, Chula Vista resident, suggested that the Councilmembers forgo their caz allowances, and that the City Manager, City Attorney and City Clerk forgo their 401(a) benefit plan. Tiffany Vinson, Chula Vista resident, addressed the City's current financial situation. She encouraged the Council to continue to work on the budget and to move the City forward. She thanked Mayor Cox for her encouraging words, and wished her good luck on the upcoming State of the City address. Reiner Leal, Chula Vista resident, representing the Chula Vista Civic Association, referenced a recent article by Gaylord Entertainment that provided the reasons they had backed out of the bayfront development project. He stated that lessons should be learned from that, and if the City and residents had been more open, the current budget discussions wouldn't be necessary. He thanked Mayor Cox for her leadership. Theresa Acerro, Chula Vista resident, suggested that Council consider adopting a resolution to encourage the County to negotiate a salary increase from $9.25 per hour to $I 1.50 for its Home Health Aides, stating that it would result in a positive economic effect countywide. Page 6 -Council Minutes Mach 3, 2009 PUBLIC COMMENTS (Continued) Mitch Thompson spoke about a local citizen group, Chula Vistans for Responsible Government, formed for the purpose of educating the community about the value of City-provided services. He thanked the Council for placing Proposition A on the ballot. PUBLIC HEARINGS 11. CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020) OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315 THIRD AVENUE The applicant is appealing the Chula Vista Redevelopment Corporation decision denying a Conditional Use Permit for a small recycling redemption center located at the Save-A- Lot parking lot, 1315 Third Avenue. This item was continued from the meeting of January 27, 2009. On February 9, 2009 staff received a letter from TOMRA Pacific Inc., proposing changes to its proposed Conditional Use Permit for the rePlanet Recycling Center. Staff is requesting a continuance to the March 17, 2009 City Council meeting to allow sufficient time to review the proposed changes and the effect on the previous staff analysis and recommendation. (Deputy City Manager/Development Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was continued to March 17, 2009. ACTION ITEMS 12. CONSIDERATION FOR ACCEPTANCE OF THE SIX-MONTH PROGRESS REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION In July 2008, the Council adopted implementation plans for seven new measures focused on lowering energy and water consumption, installing renewable energy systems, promoting alternative fuel vehicle use and designing pedestrian and transit-friendly communities. The report outlines staff's progress in implementing the measures and pursuing the Council-approved financing strategy. Generally, most measures are being partially implemented based on current available funding levels and aze meeting the milestones outlined in their original implementation plans. (Conservation & Environmental Services Director) Director of Conservation and Environmental Services Meacham, Environmental Resource Manager Reed, Administrative Services Manager Beamon, Advanced Planning Manager Batchelder, and Deputy Building Official El-Khazen provided the status of implementation of each climate protection measure. Councilmember Ramirez asked if there were plans to reconvene the Climate Change Working Group, and asked about the possibility of returning to Council with the status of energy assessments for local businesses. Page 7 -Council Minutes Mazch 3, 2009 ACTION ITEMS (Continued) Director of Environmental and Conservation Meacham responded that staff would consider re- constituting the Committee as plans progressed, and may also consider adding commercial and development representatives to the group. With respect to the energy assessments, Director Meacham stated that staff would report back to the Council in June on the results of the voluntary assessments. Councilmember Bensoussan stated that she was pleased that the mitigation in-lieu fee option for the Green Building Standard would not be implemented. For the green building and energy efficiency standards, she requested that staff provide a memorandum on cost per squaze-foot versus the added value in terms of environmental benefits and benefits to building occupants. She also requested that staff look at the Third Avenue Streetscape Master Plan to see how it could incorporate water conservation measures. She suggested that implementing mandates for solar power on warehouses may provide an opportunity to attract solar industries to the City. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-045, heading read, text waived: RESOLUTION NO. 2009-045, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE SIX-MONTH PROGRESS REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION, AND DIRECTING STAFF TO RETURN WITHIN 180 DAYS WITH ANOTHER IMPLEMENTATION UPDATE Councilmember Bensoussan seconded the motion and it carried 4-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Sandoval announced that approximately 112 additional staff positions were slated to be cut prior to June 30th, and that staff would be bringing a plan back to the Council on how the City would be providing public service to the community with reduced staffing levels. 14. MAYOR'S REPORTS Mayor Cox thanked Councilmember Castaneda for his comments regazding the potential effects on the community of reduced funding associated with Public Works services. She also stated that without additional revenue, the City would be unable to continue its partnership with the Boys and Girls Club. She added that she and City Manager Sandoval had recently met with the Chula Vista Elementary School District Superintendent to discuss opportunities to maintain the after school programming that the school district counted on. She announced an upcoming meeting on March 19, 2009 at 7:00 p.m. at Southwestern College, with Assembly Member Marty Block regazding proposed Assembly Bill 24, legislation for a local university. She also announced the upcoming "Sunset Safari" fundraiser event on March 28, 2009 at 5:00 p.m., at the Chula Vista Nature Center. She stated that on April 7, 2009, the Nature Center Task Force would be presenting a report to the Council on creation of a sustainable Chula Vista Nature Center. Mayor Cox alerted the Council on the proposed Senate Bill 139 regazding the shift of Page 8 -Council Minutes Mach 3, 2009 MAYOR'S REPORTS (Continued) jobs at the Tenth Avenue marine terminal in to a way that was of major concern to the Port District and Port tenants. She then polled the Council on its interest to invite former Coronado Mayor, Tom Smisek, to give a presentation entitled, "Destination Lindbergh". It was the consensus of the Council to place the presentation on a future agenda. 15. COUNCILMEMBERS' COMMENTS Councilmember Castaneda commented on his participation in "Read Across America Week," which highlighted the importance of reading and library services to citizens. He stated that he read to a first grade class at Olympic View Elementary School as part of this program. Councilmember Ramirez spoke about the success of his recent Public Office Hours meeting that was conducted entirely in Spanish with English translation. He thanked City Manager Sandoval, Captain Wedge, and Agent Martin for their participation. He then announced that his next Public Office Hours meeting would be conducted in Eastern Chula Vista, and that specific meeting information was available on the City's website. Councilmember Bensoussan commented that she had attended Councilmember Ramirez's Public Office Hours meeting, and applauded him for conducting the meeting in Spanish. She announced that Councilmember Ramirez would be conducting a Public Forum regarding Proposition A on March 9, 2009, at 7:00 p.m., in the Council Chambers. She referenced a memorandum dated March 3, 2009, that she placed on the dais regarding a proposed outline for establishment of an independent advisory board named Prop A Advisory Committee (PAAC). She requested Council support of the outline. It was the consensus of the Council to place the matter on the Mazch 17, 2009 Council agenda. Councilmember Bensoussan then announced the upcoming March 10, 2009 State of the City address. Mayor Cox recessed the meeting to convene in Closed Session at 6:54 p.m. CLOSED SESSION 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Justin Thomas Ladou v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2008-00074919-CU-PT-SC. No reportable action was taken on this item. 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Mazia Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and unrepresented groups This item was not discussed and no action was taken. Page 9 -Council Minutes Mazch 3, 2009 ADJOURNMENT At 7:11 p.m., Mayor Cox adjourned the meeting to a Joint Workshop Meeting with the GMOC and Planning Commission, Mazch 5, 2009 at 6:00 p.m., in the Chula Vista Police Headquarters, Community Meeting Room, 315 Fourth Avenue, and thence to the Regular Meeting for the State of the City Address on Mazch 10, 2009 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page ]0 -Counci] Minutes Mach 3, 2009