HomeMy WebLinkAboutcc min 2004/06/15
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
June 15,2004 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: IS
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, and Mayor
Padilla
ABSENT: Councilmembers: Salas
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY DAVID MCCLURG, PRESIDENT OF THE DOWNTOWN
BUSINESS ASSOCIATION, OF THE CAL-ED AWARD TO THE CITY COUNCIL
FOR THE DOWNTOWN MONUMENT SIGN
Jack Blakely, representing the Downtown Business Association, presented the award for the
downtown monument sign, and Community Development Director Madigan accepted it on
behalf of the Council. She then recognized staff members Byron Estes, Xavier DeValle and
Patricia Beard, who were instrumental in the development of the monument sign project.
CONSENT CALENDAR
(Items I through 21)
Councilmember McCann announced that he would abstain from voting on Items 5 and 9 due to
the proximity of his residence to the assessment districts. With reference to Items 10 and 12
regarding affordable housing, Councilmember McCann spoke about the need to continue a City
policy that offers homeownership opportunities to families in the community.
Councilmember Davis spoke regarding Item 20, stating that she was pleased and proud of the
City Manager, City Attorney, and City Clerk, who are deserving of their pay raises.
Mayor Padilla recognized Councilmember McCann for his leadership on the issue of low-
moderate income housing.
With reference to Item 12, Councilmember Rindone commended TriMark and City staff for
developing affordable four-bedroom homes.
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CONSENT CALENDAR (Continued)
1. ORDINANCE NO. 2966, 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 (SECOND
READING)
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. This ordinance was introduced on June 8, 2004.
(Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
2. RESOLUTION NO. 2004-190, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
ROHR PARK PARKING LOT LIGHTING (PROJECT PR252) TO A.B. HASHMI,
INc., IN THE AMOUNT OF $114,995 AND AUTHORIZING THE MAYOR TO
EXECUTE SAID CONTRACT
On May 25, 2004, sealed bids were received for this project. The work includes material
and labor to install parking lot lights and walkway lights, replacement of existing 200
AMP and service panel, and provision and installation of a new time clock per contract
specifications at Rohr Park. (Director of General Services)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2004-191, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE TRAFFIC SIGNAL
FUND TO REIMBURSE DEVELOPER FOR COSTS ASSOCIATED WITH TRAFFIC
SIGNAL RELOCATION AT FOURTH A VENUE AND C STREET
As part of planned redevelopment at the southeast corner of Fourth Avenue and C Street,
the existing traffic signal has been relocated by the developer at a cost of $78,299.
Adoption of the resolution appropriates funds to reimburse the developer for those costs
from available traffic signal funds. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2004-192, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY THE
EASTLAKE COMPANY, LLC, FOR OTAY LAKES ROAD AND OLYMPIC
PARKWAY
Page 2 .. Council Minutes June 15,2004
CONSENT CALENDAR (Continued)
Eastlake Company completed the construction of two projects to widen Otay Lakes Road
and one project to complete Olympic Parkway and submitted payment requests for
reimbursement from Community Facilities District No. 06-1. Each payment request
includes change orders that require Council approval prior to reimbursement from bond
proceeds and receipt of Transportation Development Impact Fee (TDIF) credit. (Director
of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2004-193, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY
BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS; DECLARING
THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
The City administers and maintains 24 open space districts that have been established
over the last 30 years. The districts provide a financing mechanism to maintain the
public open space areas associated with each particular development. The levy of an
annual assessment for Fiscal Year 2004/2005 will enable the City to collect sufficient
funds to provide these ongoing services. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2004-194, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 10; DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE
ASSESSMENT
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 10. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2004-195, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 11; DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE
ASSESSMENT
Page 3 - Council Minutes June ]5,2004
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CONSENT CALENDAR (Continued)
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District II. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2004-196, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 14, DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE
ASSESSMENT
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 14. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2004-197, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2004/2005 SPREAD OF ASSESSMENTS FOR EASTLAKE
MAINTENANCE DISTRICT I, DECLARING THE INTENTION TO LEVY AND
COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING
THE ASSESSMENT
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and detail on the
proposed open space district assessments for Fiscal Year 2004/2005. This item includes
information specific to Eastlake Maintenance District No 1. (Director of General
Services, City Engineer)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2004-198, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING
REGULATORY AGREEMENT RELATED TO ROLLING HILLS RANCH
BETWEEN THE CITY AND SHEA HOMES AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
Adoption of the resolution approves an affordable housing regulatory agreement with
Shea Homes for the development of 32 for-sale units affordable to first-time, low-income
buyers. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes June ]5,2004
CONSENT CALENDAR (Continued)
11 A. RESOLUTION NO. 2004-199, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 92-02, ROLLING HILLS RANCH NEIGHBORHOOD 4A - SEDONA;
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS; AND APPROVING AN ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
B. RESOLUTION NO. 2004-200, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE
IRREVOCABLE OFFER OF DEDICATION OF PARCEL "3" FOR PUBLIC OPEN
SPACE AND OTHER PUBLIC PURPOSES PER PARCEL MAP NO. 18595
Adoption of the resolutions approves the final map for the Sedona project, the associated
improvement agreements for the project (Neighborhood 4A of Rolling Hills Ranch), and
approves the summary vacation of the Irrevocable Offer of Dedication of Parcel 3 for
public open space and other public purposes. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolutions.
12. RESOLUTION NO. 2004-201, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING
REGULATORY AGREEMENT RELATED TO SAN MIGUEL RANCH BETWEEN
THE CITY AND TRIMARK PACIFIC-MAR BRISA, LLC, AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolution approves an affordable housing regulatory agreement with
Trimark Pacific-Mar Brisa, LLC, for the development of 70 for-sale units affordable to
first-time, low-income buyers and 45 for-sale units affordable to moderate-income
buyers. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2004-202, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $300,000 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND, ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. GG-186 FOR THE REMOVAL OF THE
UNDERGROUND FUEL STORAGE TANKS AND CONTAMINATION
REMEDIATION AND RELATED WORK AT 707 F STREET, AWARDING A
CONTRACT FOR $26,000 TO JENAL ENGINEERING FOR TANK REMOVAL,
AND A WARDING A CONTRACT FOR $48,000 TO SUB-SURFACE WASTE
MANAGEMENT, INC., FOR THE PHASE II ENVIRONMENTAL ASSESSMENT
INVESTIGATION
The fuel island and the two underground fuel tanks at 707 F Street do not meet state
regulations as defined in SB989 and must be removed. Adoption of the resolution creates
the capital improvement program project to accomplish this work and appropriates funds
to remove the fuel island and tanks and remediate contaminated soil. The City stopped
using this fuel island in January of this year. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Minutes June 15,2004
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CONSENT CALENDAR (Continued)
14. RESOLUTION NO. 2004-203, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $300,000 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND AND ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. GG-187 FOR THE REPLACEMENT OF
TWO UNDERGROUND FUEL STORAGE TANKS AND THE REPLACEMENT OF
VARIOUS UNDERGROUND PIPING AT THE JOHN LIPPITT PUBLIC WORKS
CENTER
One of underground fuel storage tanks located at the John Lippitt Public Works Center
does not meet state regulations as defined in SB989 and must be removed. A second tank
that was installed in 1988 by SDG&E will be replaced as well. After the Public Works
Center was constructed, state regulations regarding underground fuel tanks were revised,
and, as a result, the underground piping must also be replaced. Adoption of the
resolution creates the capital improvement program project to accomplish this work and
appropriates the necessary funds. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
15 A. RESOLUTION NO. 2004-204, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA OF INTENTION TO APPROVE AN AMENDMENT TO
THE SAFETY AND MISCELLANEOUS CONTRACTS BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION
20434, ANY OFFICERS OR EMPLOYEES OF A FIRE DEPARTMENT EMPLOYED
TO PERFORM DUTIES OF FIREFIGHTING, FIRE PREVENTION, FIRE TRAINING,
HAZARDOUS MATERIALS, EMERGENCY MEDICAL SERVICES, OR FIRE OR
ARSON INVESTIGATION SERVICES RECLASSIFIED AS "LOCAL FIRE
FIGHTERS," AND DIRECTING STAFF TO ADJUST THE 2004/2005 PROPOSED
BUDGET ACCORDINGLY
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE
SECTION 20434, ANY OFFICERS OR EMPLOYEES OF A FIRE DEPARTMENT
EMPLOYED TO PERFORM DUTIES OF FIREFIGHTING, FIRE PREVENTION,
FIRE TRAINING, HAZARDOUS MATERIALS, EMERGENCY MEDICAL
SERVICES, OR FIRE OR ARSON INVESTIGATION SERVICES RECLASSIFIED AS
"LOCAL FIRE FIGHTERS"
The City is amending both the Miscellaneous and Safety contracts between the Board of
Administration of the California Public Employees' Retirement Board and the City of
Chula Vista to expand the definition of "Local Fire Fighters" to include the employees of
the Fire Prevention Bureau who are involved in prevention and fire and arson
investigation services. (Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
Page 6 - Council Minutes June 15,2004
CONSENT CALENDAR (Continued)
16. RESOLUTION NO. 2004-205, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO
UNIFIED PORT DISTRICT FOR POLICE, FIRE AND EMERGENCY MEDICAL
SERVICES
Adoption of the resolution approves a three-year extension to the agreement between the
City of Chula Vista and the San Diego Unified Port District to provide police, fire and
emergency medical services to the San Diego Unified Port districts on Port District lands
adjacent to the City ofChula Vista. (Chief of Police)
Staff recommendation: Council adopt the resolution.
17. RESOLUTION NO. 2004-206, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF CHULA VISTA AND THE
CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT
OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER
SCHOOL RECREATIONAL PROGRAM, AND THE SAFE TIME FOR
RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH)
EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING
THE MAYOR TO EXECUTE THE MOU
The current MOU between the City and the Chula Vista Elementary School District, in
effect until June 30, 2004, authorizes the operation of two after-school programs at
elementary school sites. The STRETCH Program, with its emphasis on literacy and arts
enrichment, is currently offered at seven district schools. The existing MOU also
authorizes the operation of a structured sports and recreation program called DASH
(Dynamic After School Hours) at 21 district schools. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
18. RESOLUTION NO. 2004-207, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR
THE CITY OF CHULA VISTA FOR FISCAL YEAR 2004/2005
Article XIIIB of the California Constitution, approved by the voters in 1979 and
commonly referred to as the Gann Initiative, requires each local government to establish
an appropriations limit by resolution. The purpose of the limit is to restrict spending of
certain types of revenues to a level predicated using a base-year amount and increased
annually by an inflation factor. (Director of Finance)
Staff recommendation: Council adopt the resolution.
Page 7 - Council Minutes June ]5,2004
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CONSENT CALENDAR (Continued)
19. RESOLUTION NO. 2004-208, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN ADJUSTMENT OF THE MAYOR AND
CITY COUNCIL BENEFITS PACKAGES AND DIRECTING STAFF TO ADJUST
THE FISCAL YEAR 2005 PROPOSED BUDGET ACCORDINGLY
The proposed resolution directs staff to adjust the car allowance for the Council by $450
per month. In addition, it directs staff to increase the expense account for the Mayor by
$400 per month and the Council by $200 per month and increases the flexible benefit
amounts for the Council to be consistent with the Executive Flex Plan. Adoption of the
resolution approves these benefit adjustments. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
20. RESOLUTION NO. 2004-209, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SALARY EQUITY ADJUSTMENT FOR
THE CITY ATTORNEY, CITY CLERK AND CITY MANAGER AND DIRECTING
STAFF TO ADJUST THE FISCAL YEAR 2005 PROPOSED BUDGET
ACCORDINGLY
The City recently surveyed the current salaries of the City Attorney, City Clerk and City
Manager and found they have fallen below their peer agencies throughout the state and
should be adjusted at this time to bring them up to the recommended amount. Adoption
of the resolution approves the salary equity adjustments. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
21. RESOLUTION NO. 2004-210, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING AND APPROVING A $50,000
"PROPOSITION 12" GRANT APPLICATION SUBMITTED TO THE CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION TO FUND THE
PLANTING OF 460 TREES IN THE CITY
On April 30, City staff submitted a grant application to the California Department of
Forestry and Fire Protection for $50,000 to fund a project to plant 460 trees in City public
"right-of-way" during calendar years 2005 and 2006. The goal ofthe project is to reduce
the impact of urban heat island effect on the City. Adoption of the resolution approves
the application for the grant. (Director of Environmental Services)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0, with
Deputy Mayor Salas absent, except: Items 5, 7, 8 and 9 carried 3-0-1 with Deputy
Mayor Salas absent and Councilmember McCann abstaining on Items 5 and 9 due
to the proximity of his residence to the assessment districts, Mayor Padilla
abstaining on Item 7 due to the proximity of his residence to the assessment
district; and Councilmember Davis abstaining on Item 8 due to the proximity of
her residence to the assessment district.
Page 8 - Council Minutes June 15,2004
ORAL COMMUNICATIONS
Steve Palma commended City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow for their leadership in the City.
Steve Bilson, representing Rewater Systems Incorporated, spoke regarding legal gray water
irrigation systems, stating that the largest gray water system in the County is being installed at a
strip mall in the City of Chula Vista. He requested Council's support of a letter to the Otay
Water District that would be forthcoming at the direction of Councilmember Rindone to
encourage the District's participation in the City's residential water reuse program.
PUBLIC HEARINGS
22. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDING
SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, ELIMINATING
THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C
ZONE
Adoption of the proposed urgency ordinance deletes a provision of the Municipal Code
that currently requires unified control of all land within a P-C Zone. It is offered as an
urgency measure due to matters of public health, safety and welfare associated with the
timely delivery of a needed public facility. (Director of Planning and Building)
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.
Mayor Padilla opened the public hearing.
Special Planning Projects Manager Hare reported on the proposed amendment.
With no members ofthe public wishing to speak, Mayor Padilla closed the public hearing.
ACTION: Councilmember Davis offered Urgency Ordinance No. 2964-B, heading read, text
waived:
URGENCY ORDINANCE NO. 2964-B, URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING
SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE,
DELETING PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT
FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE
The motion carried 4-0.
ACTION ITEMS
23. CONSIDERATION OF A REPORT REGARDING THE PROPOSED GROWTH
MANAGEMENT WORK PROGRAM
On May 27, 2004, the City's growth management consultant, Walter Kieser from
Economic and Planning Systems, Inc., presented a White Paper with options regarding
the City's growth management program. Based on the Council's response, a proposed
work program has been prepared. (Director of Planning and Building)
Page 9 - Council Minutes June 15,2004
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ACTION ITEMS (Continued)
Mayor Padilla suggested that the item be continued so that all Councilmembers would be present
to address the proposed work program.
ACTION: Mayor Padilla moved to continue the item to June 23, 2004. Councilmember
McCann seconded the motion, and it carried 4-0.
24. CONSIDERATION OF ADOPTION OF AN ORDINANCE ESTABLISHING A
COMMUNITY CHOICE AGGREGATION PROGRAM
At its June 8, 2004 meeting, the Council approved staffs recommendation to begin to
implement a phased approach to the Municipal Energy Utility (MEU) business models
recommended by the MEU Feasibility Study, which included Community Choice
Aggregation. On June 8, 2004, the Council also directed staffto retwn with an ordinance
for its review and consideration declaring the Chula Vista MEU a Community Choice
Aggregator (CCA).
Albert Huang, representing the Environmental Health Coalition, requested that the Council direct
staff to initiate a stakeholder advisory committee to assure key community input in the City's
implementation plan. He stated that the Environmental Health Coalition is enthusiastic about
working with the City to develop a plan.
Gary Waayers, representing the Green Party of San Diego, commended the Council for its efforts
towards establishing a CCA. He commented that the City had taken the right approach at the
local level, which he believed would open doors to future possibilities and provide leadership for
other communities.
Lupita Jiminez, representing South Bay Greens, believed that the proposed plan would stabilize
rates in the City and provide quality local jobs for the community. She suggested development
of a short and long-term energy portfolio.
Alan Ridley, representing American Wind Energy Association, encouraged support of wind
energy in future plans. He suggested the creation of a campaign to conserve energy and expand
energy efficiency measures, which he believed would allow the City to reduce the cost of living
while increasing the quality of life.
Councilmember Davis stated that the City should lobby other elected officials to become
involved and request the California Public Utilities Commission to move forward with setting up
fair and equitable regulations for a CCA.
Councilmember Rindone encouraged the community to access the City's web page for
information regarding the proposed plan for a CCA.
Councilmember McCann stated that the proposed plan would give residents power purchase
options at reduced costs.
Page] 0 - Council Minutes June ]5,2004
ACTION ITEMS (Continued)
Mayor Padilla stated that the proposed plan would allow the City to become a CCA, providing
the community the ability to elect a local power provider and to purchase power at a lower rate.
He encouraged the public to pay attention to dialogues on the issue, stating that the process is
risky, costly, controversial, and one that will be met with resistance.
ACTION: Mayor Padilla offered the following ordinance for first reading, heading read, text
waived:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ESTABLISHING A COMMUNITY CHOICE AGGREGATION
PROGRAM IN ACCORDANCE WITH CALIFORNIA PUBLIC
UTILITIES CODE SECTIONS 218.3, 331.1, 366, 366.2, 381.1, 394,
AND 394.25, ALLOWING THE CITY OF CHULA VISTA, ACTING
AS THE MUNICIPAL ENERGY UTILITY, TO AGGREGATE THE
ELECTRICAL LOAD OF ELECTRICITY CONSUMERS WITHIN THE
CITY
The motion carried 4-0.
OTHER BUSINESS
25. CITY MANAGER'S REPORTS
City Manager Rowlands asked Conservation and Environmental Services Manager Meacham to
update the Council regarding a recent letter from the California Energy Commission. Mr.
Meacham reported that the Commission has requested a Chula Vista representative to sit on an
advisory panel to make recommendations on a climate protection program for California.
Meetings are to be held quarterly for one year, with the first meeting scheduled for July 15,2004
in Sacramento. Mr. Meacham encouraged the Council to appoint an elected official as the
primary representative and possibly a staff member as alternate.
26. MAYOR'S REPORTS
. Ratification of appointment to the Human Relations Commission - Perny Cosca-
Reese
ACTION: Mayor Padilla moved to ratify the appointment of Perny Cosca-Reese to the
Human Relations Commission. Councilmember Davis seconded the motion and
it carried 4-0.
27. COUNCIL COMMENTS
There were none.
Page] ] - Council Minutes June 15,2004
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CLOSED SESSION
28. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Ray v. Tsunoda, et aI., (USDC 03CV1884-DMS (POR)
No reportable action was taken on this item.
29. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
ACTION: Direction was given for the City of Chula Vista to join in the San Diego regional
water case.
30. 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 ofChula 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
This item was not discussed and no action was taken.
31. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
This item was not discussed and no action was taken.
ADJOURNMENT
At 8:00 p.m., Mayor Padilla adjowned the meeting to an Adjowned Regular Meeting on June
23,2004, at 6:00 p.m. at the John Lippitt Public Works Center. (The June 22, 2004 City Council
Meeting was cancelled).
~ 6.-<.. ~ f...1..o-
Susan Bigelow, MMC, City Clerk
Page 12.. Council Minutes June 15, 2004