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HomeMy WebLinkAboutcc min 2004/06/08 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 8, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE A moment of silence was observed in memory of President Ronald Reagan. SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO GALE LEWIS, PRESIDENT OF THE GOODRICH CHAPTER NATIONAL MANAGEMENT ASSOCIATION, DECLARING THE WEEK OF JUNE 6 AS MANAGEMENT WEEK Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Gale Lewis. . PRESENTATION BY THE BONITA VISTA HIGH SCHOOL BAND REGARDING THEIR PERFORMANCE AT THE WORLD WAR II MEMORIAL DEDICATION IN WASHINGTON, D.C. Mayor Padilla recognized the Bonita Vista High School Band, the only high school marching band in California to represent the state at the World War II memorial dedication in Washington, D.c. Neil Anderson, Bonita Vista Band Director, gave a brief history of the program and a report on the trip to Washington D.C. He thanked the Council for its generous support of and contributions to music and arts programs. He also presented souvenir pins to Councilmembers. CONSENT CALENDAR (Items I through 4) Councilmember Rindone stated that he would be abstaining from Item No.3 due to a potential conflict of interest. 1. ORDINANCE NO. 2965, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SPECIFIC PLAN (PCM-02-10) FOR THE AUTO PARK EAST EXPANSION (FRED BORST, BORST FAMILY TRUST, AND FASK LAND) (SECOND READING) ---~---"----"------_."-----_.__._-"---- ------"-.-.--- CONSENT CALENDAR (Continued) Adoption of the ordinance approves the Auto Park East Specific Plan, implementing the easterly expansion of the existing Chula Vista Auto Park on Main Street. The specific plan allows for the future development of auto dealerships and supporting uses on approximately 31 acres on the south side of Main Street, east of the existing auto park. This ordinance was introduced at the June I, 2004 City Council Meeting. (Director of Community Development) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION NO. 2004-185, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER TO TAKE THE VARIOUS ACTIONS NECESSARY TO APPLY FOR LAND AND WATER CONSERVATION FUND ASSISTANCE On April 6, 2004 the Council authorized the Nature Center to apply for a grant from the Land and Water Conservation Fund Program. Since that time, the City has been informed that additional information needs to be included in the resolution. (Nature Center Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2004-186, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FISCAL YEAR 2004/2005 PERFORMING AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT A WARD, TOTALING $45,000 A Performing and Visual Arts Task Force makes recommendations to the City Council annually regarding arts grant awards. The task force is assisted by the Office of Cultural Arts, which formally conducts the grant application process. Adoption of the resolution approves the task force's recommendations for the grant recipients and their monetary awards. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-187, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CITY MANAGER'S CERTIFICATION OF SOLE SOURCE STATUS AND APPROVING A DESIGN BUILD AGREEMENT WITH RUDOLPH AND SLETTEN, INc. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT UPGRADES AND REPLACEMENTS TO THE NATURE CENTER INTERIOR EXHIBITS (NATURE CENTER GALLERIA REMODEL), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 - Council Minutes June 8, 2004 CONSENT CALENDAR (Continued) The City Council previously approved CIP GG-175, which involves the redesign and replacement of the Nature Center interior exhibits, including, but not limited to, new structural and electrical components, access to exhibits for daily maintenance by staff, plumbing and draining improvements, and overall configuration of exhibits to improve visitor flow throughout the interior of the facility. (Director of General Services) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item No.3, which carried 4-0-1 with Councilmember Rindone abstaining due to a possible conflict of interest. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 5. CONSIDERATION OF ADOPTION OF AN ORDINANCE AND AN URGENCY ORDINANCE AMENDING CITY ORDINANCE 2617, AND A RESOLUTION RELATING TO UPDATES IN THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER FACILITIES WITHIN THE SALT CREEK SEWER BASIN The Salt Creek sewer basin development impact fee was established in December 1994 to facilitate construction of the Salt Creek trunk sewer. This was the only facility identified at that time as being necessary to serve properties within the Salt Creek gravity basin benefit area. A development impact fee was set at $284 per equivalent dwelling unit (EDU) in order to fund the project. Since that time, costs associated with the project have continued to increase and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the project, staff recommends increasing the Salt Creek Sewer Basin DIF from $284 to $1,300 per EDU. (Director of General Services, City Engineer) 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. There was no one in the audience wishing to speak on this item. ACTION: Councilmember Rindone moved to continue the hearing to July 13, 2004. Councilmember Davis seconded the motion, and it carried 5-0. Page 3 - Council Minutes June 8, 2004 --- .------- ACTION ITEMS Item No.7 was taken out of order and discussed prior to Item No.6 7. CONSIDERATION OF ADOPTION OF A RESOLUTION DIRECTING STAFF TO 1) IMPLEMENT THE MUNICIPAL ENERGY UTILITY FEASIBILITY STUDY PREFERRED BUSINESS MODELS; 2) CONTINUE TO PURSUE A FRANCHISE AGREEMENT WITH SDG&E FOR EXISTING ELECTRICITY UTILITY SERVICE WITHIN THE CITY AND ALL EXISTING AND NEW NATURAL GAS SERVICE; 3) RETURN TO COUNCIL WITH A STAFFING PLAN THAT REFLECTS CITY COUNCIL'S DIRECTION TO IMPLEMENT ONE OR MORE MUNICIPAL ENERGY BUSINESS MODELS; AND APPROPRIATING $500,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE ADMINISTRATION DEPARTMENT On May 19, 2004, the Council listened to five and one-half hours of expert testimony and public input regarding the potential development of a Chula Vista public utility. At that time, the City Council directed staff to return to the June 8, 2004 Council meeting with a resolution declaring the Chula Vista Municipal Energy Utility (established on June 5, 2001, by Ordinance No. 2835) a Community Choice Aggregator, and to further consider the MEU Feasibility Study consultants' recommendations to implement selected MEU business models. (Director of Conservation and Environmental Services) Mayor Padilla requested that the City Clerk read into the record a letter from Alan H. Richardson, President and CEO of the American Public Power Association, dated June 3, 2004, commending the City for evaluating public power options for Chula Vista. David Geier, representing San Diego Gas and Electric, recommended that the Council study the details of the recommended proposal to include a 7/24 operation center to respond to customer calls and emergencies; consider the costs of energy to replace down time of the power plant, financial impacts on price fluctuations of natural gas, risk management and associated regulatory uncertainties; and consider whether or not to move forward with an implementation plan for a Community Choice Aggregator (CCA) when the rules for such a plan are not yet in place. Mr. Geier encouraged the Council to ask the second level questions and consider whether a municipal utility could offer better safety, reliability, and customer service. Councilmember Davis questioned the delay by the Public Utilities Commission in implementing the rules. Mr. Geier replied that the process is anticipated to continue for another year. He added that SDG&E supports a CCA provided that there is no cost shifting. Councilmember Rindone asked whether or not SDG&E has taken proactive steps towards establishing the implementation of a CCA. Mr. Geier responded that the procedure is a stakeholder process in which SDG&E is fully involved, and one that appears to be a lengthy process. Page 4 - Council Minutes June 8, 2004 ACTION ITEMS (Continued) Albert Huang, representing the Environmental Health Coalition, spoke in support of staff's recommendations, stating that local control would offer energy choices to the community. He also stated that a CCA would provide an excellent opportunity to capitalize on renewables, energy efficiency and conservation. Mr. Huang encouraged the Council to provide community outreach and to obtain public involvement at the onset of the process. Matthew Mansfield, representing San Diego Baykeeper, encouraged the Council to move forward with a plan for a CCA and to foster renewable energy and community participation in the process. Pat Fry proposed solar and wind energy as primary sources of generation. She urged the Council to think boldly, independently, and green. Lupita Jiminez, representing the Green Party of San Diego, asked the Council to make a commitment towards renewable energy and energy conservation. Gerald Scott spoke in support of moving forward with a CCA, adding that for the long term, the City should pursue development of an electrical generation supply strategy that could include partial ownership of a new, state-of-the-art power plant constructed on the southernmost area of the bayfront, which would allow the dismantling of the existing, inefficient power plant. Mayor Padilla stated that the Council should proceed cautiously with the options presented for consideration and draw upon a broad range of expertise in the industrY. He expressed his appreciation for the testimony and input by SDG&E on the issue, but added that it was regrettable that SDG&E elected to withdraw from providing input on the various issues associated with the implementation of a CCA until after the work by the consultants was completed. Mayor Padilla stated that the Council recognizes the complexity of the issue and is proceeding in a prudent manner to do what is best for the community. Councilmember Davis stated that it is evident that a place exists for the City to move forward with a CCA. She was hopeful that the Public Utilities Commission would move forward with the formation of the regulations and that SDG&E would assist with the process in a timely manner. Deputy Mayor Salas stated that the Council is committed to seeking good alternatives for the community that would provide choice and local control over energy options. Councilmember Rindone commented that the Council intends to take a phased approach in each aspect of the proposed work program and to reinvest revenues back into the community. Councilmember McCann stated that, ultimately, the City is looking for ways to reduce energy costs for its citizens, and he looked forward to working collaboratively with future stakeholders to seek better solutions for the citizens of Chula Vista that would provide reliable, safe power at a lower cost. Page 5 . Council Minutes June 8, 2004 ---.,-.--.--..--,-.. ........-.,-..--.......- - ----...-.-..----,---.-------- ACTION ITEMS (Continued) ACTION: Mayor Padilla offered Resolution No. 2004-189, heading read, text waived: RESOLUTION NO. 2004-189, RESOLUTION OF THE CHULA VISTA CITY COUNCIL OF THE CITY OF CHULA VISTA 1) DIRECTIN G STAFF TO IMPLEMENT THE MUNICIPAL ENERGY UTILITY (MEU) FEASIBILITY STUDY PREFERRED BUSINESS MODELS BY A) PREPARING AND SUBMITTING A COMMUNITY CHOICE AGGREGATION (CCA) IMPLEMENTATION PLAN TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC); B) PREPARING AND CIRCULATING REQUESTS FOR PROPOSALS FOR GREENFIELD DEVELOPMENT (GD) AND CCA SERVICE PROVIDERS; C) ACTIVELY PARTICIPATE AT CPUC IN MATTERS THAT MAY IMPACT THE CITY MEU PLANS, OTHER CITY ACTIVITIES, AND RATEPAYER ADVOCACY ISSUES; AND D) PREPARE AN ORDINANCE DECLARING THE CITY MEU A CCA; 2) DIRECTING STAFF TO CONTINUE TO PURSUE A FRANCHISE AGREEMENT WITH SDG&E FOR EXISTING ELECTRICITY UTILITY SERVICE WITHIN THE CITY AND ALL EXISTING AND NEW NATURAL GAS SERVICE; 3) DIRECTING STAFF TO RETURN TO COUNCIL WITH A STAFFING PLAN THAT REFLECTS CITY COUNCIL'S DIRECTION TO IMPLEMENT ONE OR MORE MUNICIPAL ENERGY BUSINESS MODELS; AND 4) APPROPRIATING $500,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO THE ADMINISTRATION DEPARTMENT The motion carried 5-0. At 7: 13 p.m., Councilmember Davis left the dais at this time. 6. CONSIDERATION OF AUTHORIZATION OF THE ISSUANCE OF SPECIAL TAX BONDS FOR IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 06-1 AND APPROVAL OF DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS On October 10,2002, the Council heard election results declaring that 100% of the votes cast were in favor of the authorization to issue bonds of the district for Improvement Areas A and B. The ordinance to authorize the levy of a special tax in Improvement Areas A and B was also introduced. On December 17, 2002, bonds were sold for Improvement Area A for $39 million. Of this $39 million, approximately $11.3 million has already been reimbursed to the EastLake Company. (Director of General Services, City Engineer) ACTION: Deputy Mayor Salas offered Resolution No. 2004-188, heading read, text waived: Page 6 .. Council Minutes June 8, 2004 ACTION ITEMS (Continued) RESOLUTION NO. 2004-188, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS, AND LAND SWAP), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT FOR IMPROVEMENT AREA B THEREOF, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS The motion carried 4-0, with Councilmember Davis absent. 8. CONSIDERATION OF AN INTERIM REPORT ON THE 2004 SEWER SERVICE RATE UPDATE BY BLACK AND VEATCH AND ADOPTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE SECTION RELATING TO SEWER SERVICE CHARGE VARIANCES FOR RESIDENTIAL CUSTOMERS On July 22, 2003, the Council approved an amendment to the master fee schedule by restructuring the sewer service rates and approving a four-year sewer service rate schedule. Subsequently, on February 17,2004, to address some of the concerns raised by citizens regarding the new structure, the Council authorized staff to retain a new consultant, Black & Veatch, to update the Wastewater User and Rate Restructuring Study, which was prepared by PBS&J. (Director of General Services, City Engineer) City Civil Engineer Al-agha introduced Jacob Boomhouwer, the City's consultant, who presented an update on the 2004 sewer service rates. Councilmember Rindone stated that he would support staff's recommendations with the revision of the appeal process, and he asked staff to return with a report in fiscal years 2005/2006. Councilmember McCann suggested future consideration of capping the sewer service fees. ACTION: Councilmember Rindone moved to accept the interim report and direct staff to finalize the report and present specific recommendations in Fiscal Years 2005/2006; and he offered the ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 13.14.140 RELATING TO THE SEWER SERVICE CHARGE VARIANCES BY ADDING AN APPEAL PROCESS FOR RESIDENTIAL CUSTOMERS The motion carried 4-0, with Councilmember Davis absent. Page 7 - Council Minutes June 8, 2004 -----.--.-,.------.-...------.-------.. --------.---- OTHER BUSINESS 9. CITY MANAGER'S REPORTS City Manager Rowlands announced that the workshop with the Growth Management Oversight and Planning Commissions, originally scheduled for June 9, 2004, has been postponed to June 23, 2004, at 6:00 p.m. at the John Lippitt Center. City Manager Rowlands announced that, with the exception of safety personnel, City offices will be closed on Friday, June 11,2004, in memory of President Ronald Reagan. 10. MAYOR'S REPORTS There were none. 11. COUNCIL COMMENTS . Councilmember McCann: Consideration of the Council to take a position to support AB2297 (Vargas), Imported Candy: Lead Contamination. Councilmember McCann reported on recent studies that have revealed unsafe levels of lead in two types of candy imported from Mexico to the United States. ACTION: Councilmember McCann moved to support the measure and send a letter so indicating to Assemblyman Vargas. Councilmember Salas seconded the motion and it carried 4-0, with Councilmember Davis absent. Mrs. Palomino, community organizer for the Environmental Health Coalition, thanked the Council for its support and reported that candy collected in the community has been sent for laboratory analysis. Deputy Mayor Salas wished to see some kind of public education component tied to the issue. Mayor Padilla extended his congratulations to Assemblyman Vargas for his leadership on the issue. Councilmember McCann noted that funding for educational programs and enforcement on the matter is included in the bill. Deputy Mayor Salas complimented Mayor Padilla on his State of the City address and for selecting Memorial Bowl for the event. Councilmember Rindone also congratulated Mayor Padilla on his State of the City address. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Ray v. Tsunoda, et aI., (USDC 03CV1884-DMS (POR) Page 8 - Council Minutes June 8, 2004 CLOSED SESSION (Continued) 13. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Agency designated representative: David D. Rowlands, Jr. . Employee organization: Executive Managers 14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Sid Morris, David Huard Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance ADJOURNMENT At 7:58 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of June 15,2004, at 6:00 p.m. in the Council Chambers. ~~~ Susan Bigelow, MMC, City Clerk Page 9 - Council Minutes June 8, 2004 -------.-...-..--.-- -- ...----....------ . .....,-_.._._---