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Home My WebLink About2007/03/20 Item 2 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 23,2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 6:02 p.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Rindone led the pledge, followed by a moment of silence in the memory of Diane Carpenter. SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Tim Jones - Growth Management Oversight Commission Deputy City Clerk Bennett administered the oath of office, and Deputy Mayor Rindone presented Mr. Jones with a certificate of appointment. . INTRODUCTION BY POLICE CHIEF EMERSON OF SEVEN POLICE RECRUITS AND ONE LATERAL OFFICER Police Chief Emerson introduced police recruits John Rodrigues, Carlos Marques, Roy Vicente, Jesse Vicente, Rolando Granados, Diossy Sarabia, John Delgado, and Lateral Officer Ernesto Pinedo. Deputy City Clerk Bennett administered the oath of office to Officer Pinedo. . PRESENTATION BY DEPUTY MAYOR RIND ONE OF A PROCLAMATION ON BEHALF OF DIANE CARPENTER, COMMUNITY AND EDUCATIONAL LEADER, COMMENDING HER FOR HER VISION, HER SERVICE, AND HER COMPASSIONATE HEART Deputy Mayor Rindone spoke about Diane Carpenter's role in bettering the community and the lives of many students and adults. Mayor Cox read the proclamation, and Deputy Mayor Rindone, assisted by Councilmembers Castaneda, McCann, Ramirez, and Mayor Cox, presented the proclamation to the family members of Ms. Carpenter. JA-I DRAFT SPECIAL ORDERS OF THE DAY (continued) . DID YOU KNOW.....THAT THE NATURE CENTER HAS ENDANGERED GREEN SEA TURTLES? Presented by Joyce Remp, RVT, Curator of Reptiles Nature Center Director Beintema introduced Joyce Remp, who provided a presentation on the green sea turtle exhibit at the Chula Vista Nature Center. CONSENT CALENDAR (Items 1 through 8) With regard to Item 8, Deputy Mayor Rindone expressed appreciation to staff for their hard working assisting several of the displaced Jade Bay Mobilehome Park residents. Councilmember Castaneda reminded staff to keep a record of all funds used to assist Jade Bay residents so that the taxpayers can be made whole when the property is developed in the future. 1. RESOLUTION NO. 2007-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY GRANT FUND BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED CALIFORNIA STATE LIBRARY GRANT AUGMENTATION IN THE AMOUNT OF $3,671 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S CALIFORNIA LIBRARY LITERACY SERVICES MATCHING FUNDS GRANT (4/5THS VOTE REQUIRED) Adoption of the resolution approves the appropriation of a one-time augmentation in the amount of $3,671 in Literacy Services matching grant funds to the Fiscal Year 2007 Library Department budget. (Assistant City Manager Palmer/Library Director) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2007-016, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF $55,000 (4/5THS VOTE REQUIRED) Adoption of the resolution approves the appropriation of $55,000 in donations received from various organizations and individuals for the purchase of new books to the Fiscal Year 2007 Library Department budget. (Assistant City Manager Palmer/Library Director) Staff recommendation: Council adopt the resolution. 3. A. RESOLUTION NO. 2007-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT 13M (OT A Y RANCH VILLAGE TWO) d A -d--. Page 2 - Council Agenda httn:/lwww.chulavistaca.gov January 23,2007 DRAFT CONSENT CALENDAR (continued) B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO (FIRST READING) Council previously initiated proceedings for the formation of Community Facilities District (CFD) 13M, and on January 16, 2007, a special tax election was conducted. Adoption of the resolution declares the results of that election; and adoption of the ordinance will authorize the levy of a special tax in CFD 13M. This district will fund the perpetual operation and maintenance of landscaping, including parkways, medians and slopes; facilities that are directly related to storm water quality control; walls and fencing; trails; pedestrian bridges, including graffiti removal; and public lighting facilities. The City has retained the services of MuniFinancial as special tax consultant and Best Best & Krieger LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 4. RESOLUTION NO. 2007-018, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA C, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), AND ADDING SUCH TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA Council previously initiated annexation proceedings for Community Facilities District (CFD) 97-2 (Preserve Maintenance District), approved certain findings, authorized the electors to vote on the annexation of Otay Ranch Village Two to CFD 97-2, Improvement Area C, and held the election on January 16, 2007. Adoption of this resolution declares the results of that election, and adds the territory to the district. The special taxes levied within Improvement Area C will fund the costs of the resource monitoring program, as well as preserve operations and maintenance consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II, plus a pro- rata share of administrative expenses of CFD 97-2. The City has retained the services of MuniFinancial as special tax consultant and Best Best & Krieger LLP, as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2007-019, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF THREE GRANT APPLICATIONS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FISCAL YEAR 2007/2008 TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSNET FUNDING, FOR BICYCLE AND PEDESTRIAN IMPROVEMENTS J-A-3 Page 3 - Council Minutes httn:/L\)'w\v .chulavistaca. gOY January 23, 2007 DRAFT CONSENT CALENDAR (continued) The Transportation Development Act and TransNet Program provide funding support for regional bicycle and pedestrian capital improvement projects. The San Diego Association of Governments will allocate those project funds to cities in the San Diego region based upon funding availability and project ranking. Adoption of the resolution approves the submittal of three applications for funding. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-020, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING ONE LATENT PRINT EXAMINER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT, AMENDING THE FISCAL YEAR 2006/2007 POLICE BUDGET AND APPROPRIATING FUNDS BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The Police Department, in partnership with the San Diego County Sheriffs Department, proposes to add one Latent Print Examiner. This new position would provide latent print services on a regional basis and would be completely funded by the San Diego County's California Identification System Remote Access Network program. (Police Chief) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-021, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FEDERAL FUNDING REQUESTS FOR SUBMISSION Adoption of the resolution approves those items to be submitted to Chula Vista's Congressional delegation to request federal funds. (Assistant City Manager Smith) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2007-022, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENANT-BASED RENTAL ASSISTANCE PROGRAM AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR PROCESSING The City Council approved the use of the U.S. Department of Housing and Urban Development (HUD) HOME funds for a rental assistance program to help with monthly rental payments for low-income households, offering "displaced persons" a priority. Staff has developed the program guidelines and all associated forms. Adoption of the resolution authorizes staff to both operate the program and execute all documents necessary for processing. (Acting Director of Community Development) Staff recommendation: Council adopt the resolution. dA-Lf Page 4 - Council Agenda httn :/.1 www.chulavistaca.gov January 23, 2007 DRAFT CONSENT CALENDAR (continued) ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, invited the Mayor and Council to the Chamber's 80th annual installation dinner and dance on Friday, January 26, 2007, at the Eastlake Design District. PUBLIC HEARINGS. 9. CONSIDERATION OF A TENTATIVE SUBDIVISION, PCS-06-12, TO CONVERT AN EXISTING 12-UNIT APARTMENT COMPLEX TO 12 CONDOMINIUM UNITS FOR INDNIDUAL OWNERSHIP AT 582 ARIZONA STREET Adoption of the resolution approves a proposed condominium conversion of an existing 12-unit apartment complex at 582 Arizona Street to 12 condominiums for individual ownership. (Planning and Building 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. Planning and Building Director Sandoval introduced the item, and Associate Planner Vanderbie presented the staff report and responded to questions of the Council. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2007-023, heading read, text waived: RESOLUTION NO. 2007-023, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DNIDE INTEREST IN .45 ACRES AT 582 ARIZONA STREET FOR A ONE- LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL UNITS Councilmember Castaneda seconded the motion, and it carried 5-0. rJA-5 Page 5 - Council Minutes hun:! I\vww .chulavistaca. gOY January 23,2007 DRAFT PUBLIC HEARINGS (continued) 10. CONSIDERATION OF AMENDMENT TO CHAPTER X (BUILDING) AND CHAPTER XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE April 2001 was the last time the building fee schedule was updated, aud November 2004 was the last time the planning fee schedule was updated. Subsequent revisions to the full-cost recovery rates aud departmental reorganizations necessitate fee schedule updates to ensure full cost recovery for services is provided. (Planning aud Building Director) Notice of the hearing was given in accordauce with legal requirements, and the hearing was held on the date aud at the time specified in the notice. Planning aud Building Director Saudoval introduced the item. Briau Foster of Maximus, Inc. (consultaut) presented the staff report aud responded to questions ofthe Council. Assistaut Building aud Housing Director Remp noted a correction to page 4, in the paragraph following Table 2, of the staff report. The Board of Appeals aud Advisors aud staff are recommending a subsidy for the installation of replacement water heaters aud gas lines. The number for the proposed fee of $51.30 is correct in the table, however in the paragraph below, the actual cost is significautly higher aud should reflect $143,700 rather thau $31,500. Mayor Cox opened the public hearing. In response to a question by Councilmember Castaueda, aud Planning aud Building Director Saudoval explained that the fee aualysis provided a true picture of what the actual staff costs are. Deposits required from applicauts will now be more accurate up front, aud additional funds will not be requested as frequently. Further, the fees will now be reviewed every two years to ensure they are kept current. Deputy Mayor Rindone inquired about historic designation fees. Plauning aud Building Director Saudoval explained the historic designation process aud responded that the historic designation fees were set at half of what the actual costs were determined to be during the prior fee study in 2004. Jerry Livingston, representing the Building Industry Association, spoke in support of the proposed chauges. Pamela Bensoussau spoke in opposition to auy increased historic designation or Mills Act fees. Mayor Cox confirmed with Planning aud Building Director Saudoval that there were no proposed increases in the historic designation or Mills Act fees, aud that staff had authority to waive some or all of the application fee, should they see fit to do so. There being no further speakers, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt Resolution Nos. 2007-024 and 2007-025, headings read, texts waived: RESOLUTION NO. 2007-024, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE ;) A- 0 Page 6 - Council Agenda http://w\v,,,::.shulavistaca.gov January 23, 2007 DRAFT PUBLIC HEARINGS (continued) RESOLUTION NO. 2007-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER Xl V (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE Councilmember Ramirez seconded the motion, and it carried 5-0. Item 12 was actually heard at this time, prior to Item II. II. CONSIDERATION OF AN AMENDMENT TO THE LffiRARY'S MASTER FEE SCHEDULE As a result of the Library's growing emphasis on local history and increasing demand by the public for historic photographs and documents, the Library recommends a change to its master fee schedule. (Assistant City Manager Palmer/Library 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. Assistant City Manager/Library Director Palmer presented the staff report and responded to questions of the Council. Mayor Cox opened the public hearing. Lupita Jimenez, Chula Vista resident, expressed concerns with any increase in fees, stating that they would weigh heavily on retired people and those with low incomes. Pamela Bensoussan, Chula Vista resident, representing the Northwest Civic Association, congratulated the Library staff on the work they have done in the history archives, but spoke in opposition to the proposed increase in fees. Councilmember McCann stated that the proposed costs seemed high and the fiscal impact was only $1,500, so he could not support the increase. Councilmember Ramirez inquired, and Community Relations Manager Gulbransen responded, that staff has discretion to review and waive fees for certain projects of public benefit. Mayor Cox suggested the Council consider applying the fee schedule and authorize staff to have continued authority to waive fees they are comfortable waiving. Councilmember Rindone moved to adopt Resolution No. 2007-026, heading read, text waived, as amended to charge reproduction fees at actual cost of service, photocopies made by staff at $.25 per page, no charge for obituaries, and use fees at $10 per photo. Councilmember Castaneda seconded the motion. In response to a question by Interim City Manager Thomson, City Attorney Moore responded that although the staff report indicated that a 4/5ths vote was required, it was in error and was not required on this item. Page 7 - Council Minutes ;JA-7 httu://www.chulavistaca.goy January 23, 2007 DRAFT PUBLIC HEARINGS (Continued) Councilmember Ramirez stated that although he felt those benefiting from the archival system should contribute to the funding of it, he could not support the proposed motion to change anything or come out against the recommendation of staff. There being no further speakers, Mayor Cox closed the public hearing. The motion failed 2-3, with Councilmember Castaneda and Deputy Mayor Rindone voting yes, and Councilmembers McCann, Ramirez and Mayor Cox voting no. Councilmember Ramirez moved to accept staffs recommendation and adopt Resolution No. 2007-026, heading read, text waived. Mayor Cox seconded the motion, and it failed 2-3 with Councilmember Ramirez and Mayor Cox voting yes, and Councilmembers Castaneda, McCann, and Deputy Mayor Rindone voting no. Councilmember Castaneda suggested that the Library staff locate a benefactor to make this item revenue neutral. Mayor Cox suggested staff return with a modified suggestion on how to proceed on this item. Councilmember McCann stated a point of order: the item failed and therefore could not be brought back. Deputy Mayor Rindone stated that the item could be brought back, provided those who opposed it concurred. City Attorney Moore stated that the same motion could not be brought back, however a different motion could be considered. ACTION: Councilmember Rindone moved adopt the resolution, heading read, text waived, as amended to honor staffs recommendation for 1 and 3 only and to refer the other use fees back to staff for further review and consideration: RESOLUTION NO. 2007-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE LIBRARY MASTER FEE SCHEDULE Mayor Cox seconded the motion, and it carried 4-1 with Councilmember McCann voting no. ACTION ITEMS 12. CONSIDERATION OF WAIVING THE FORMAL BIDDING PROCESS, APPROVAL OF AN AGREEMENT WITH COOPER ROBERTSON & PARTNERS FOR CONSULTANT SERVICES RELATED TO EVALUATION OF POTENTIAL STADIUM SITES FOR THE SAN DIEGO CHARGERS WITHIN THE CITY OF CHULA VISTA, ADOPTION OF GUIDING PRINCIPLES FOR CHARGER RELOCATION, AND THE REFORMATION OF THE CHARGERS SUBCOMMITTEE d{)- \6 Page 8 - Council Agenda hUn:"'/www.chulavistaca.gov January 23, 2007 DRAFT ACTION ITEMS (continued) Adoption of the resolution approves a consulting contract that provides the City with the necessary consultant resources to evaluate various sites within Chula Vista for a stadium complex for the San Diego Chargers. The three-party agreement ensures that the necessary work, as directed by the City, will be paid for by the San Diego Chargers. The City Council is requested to adopt the principles that the City will operate under in its work on the stadium proposal. The guiding principles emphasize public participation in the design process, fiscal responsibility, and environmental sensitivity, among other principles. The City Council is also requested to reform the subcommittee to remove the Planning Director and City Attorney, leaving two Council members. (Planning and Building Director) Item 12 was taken out of order and actually heard prior to Item II. Planning and Building Director Sandoval provided the staff report, along with a brief overview of the bidding process that was undertaken. Councilmember McCann stated for the record that the study was not going to cost the taxpayers any money. Councilmember Ramirez expressed support for the study of locations for a potential Chargers stadium, and then read several comments of concern he received from the public that he felt the subcommittee should consider as they moved forward. Deputy Mayor Rindone stated that a different consultant might be able to provide a different perspective. Planning and Building Director Sandoval explained the logic behind staffs recommended selection. Deputy Mayor Rindone then expressed concern with guiding principles 9 and 10, stating that it was particularly important that a stadium not be considered for siting on the bayfront. The following persons spoke in support of bringing the Chargers to Chula Vista: Mark Fabiani, representing the San Diego Chargers David Hoffman, Chula Vista resident and Chula Vista business owner Joe Moeller, President of the San Diego International Sports Council Cindy Gomeper-Graves, South County EDC Paul Borden, HomeFed Nick Aguilar, Chula Vista resident Alan Kidd, San Diego Hall of Champions Stephen Cushman, San Diego Unified Port District Karen McElliott, San Diego International Sports Cov., property owner of Chula Vista Marina and Resort John Clingan, Boys and Girls Clubs of Chula Vista David Krogh, Chula Vista resident, suggested an additional principle: to identify traffic impacts and identify appropriate mitigation. /)A1 Page 9 - Council Minutes httD:/ /www.chulavistaca.2:0V January 23, 2007 DRAFT ACTION ITEMS (continued) Peter Watry, Chula Vista resident, representing Crossroads II, requested the addition of an 11th principal to allow the people of Chula Vista to vote on the process, and expressed hope that the City Council would not present the bayfront as a site option without discussing it with Gaylord first. Parks Pemberton, Chula Vista resident, spoke in opposition, stating that the citizens' quality of life would suffer as a result of traffic impacts. He expressed frustration that the Council, in his opinion, had not taken into consideration what the citizens had to say on the matter. Mayor Cox stated that she believed the consultant was knowledgeable about the City and that the Top 10 list was a good place to start. Further, she supported open public meetings and reforming the subcommittee. Councilmember Castaneda said he viewed the principals as protection for the citizens and requested that, once adopted, they be posted at all future meetings. He asked when the fiscal analysis would be completed and wanted to be sure it would embedded in Principle 6. Deputy Mayor Rindone expressed the need for due diligence to find a potential site that worked not only for the Chargers, but also for Chula Vista citizens. Further, he stated that no proposal should impact the bayfront plans or the future university. Councilmember McCann stated that the proposal was a once-in-a-lifetime opportunity, and he assured everyone that the Council would proceed with caution. He then thanked Mr. Fabiani and Mr. Spanos for providing funding so the City could hire a consultant to explore potential sites. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-027, heading read, text waived; adopt the guiding principles for Charger relocation, as proposed; and approve the reformation of the Council subcommittee on Chargers relocation: RESOLUTION NO. 2007-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, COOPER ROBERTSON & PARTNERS (CONSULTANT) AND THE SAN DIEGO CHARGERS (APPLICANT) FOR THE EVALUATION OF POTENTIAL STADIUM SITES WITHIN THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Councilmember Ramirez seconded the motion, and it carried 5-0. City Attorney Moore stated for the record that the Council subcommittee was reformed to comprise only the Mayor and Councilmember McCann. ("'-i() CyH I Page 10 - Council Agenda hUp ://www.chulavistaca.go\! January 23, 2007 DRAFT ACTION ITEMS (continued) 13. CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT WITH HTH (BIGH TECH HIGH) LEARNING TO LEASE 8-ACRES OF CITY-OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER HTH Learning is a private, nonprofit organization overseeing the development and operation of facilities that house high tech high schools following the charter high school design model. They currently operate a total of seven high, middle and elementary schools, with six in San Diego and one in northern California. (Acting Community Development Director) Economic Development Manager Stone introduced the item, and Principal Community Development Specialist Ruiz provided the staff report. Mr. Wallis, Chief Operating Officer of HTH, stated that the Sweetwater Union High School District (SUHD) originally approved the high school charter by unanimous vote in 2004, prior to HTH being invited by members of the state board, charter community and other educational leaders to become a test case for the statewide charter. Due to a decision that one could not apply for a statewide charter with a preexisting charter elsewhere, HTH requested SUHD consider its application rescinded so it could be transferred over to statewide charter. SUHD had also approved, by unanimous consent, the request for the middle school charter. Mayor Cox recessed the meeting at 8:15 p.m. and reconvened it at 8:26 p.m. with all members present. Mayor Cox clarified that the item was time sensitive, as the state board required notification by the end of January 2007 of where the permit location would be. Mr. Rosenstock, CEO and founding principal of HTH, explained the process for the student lottery, how teachers are hired and credentialed, the anticipated students and staff who are Chula Vista residents, and the State Board of Education requirements that two schools be opened in 2007 and be sited by January 2007. Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, spoke in support of approval of the proposed lease agreement on behalf of the Chamber Board of Directors and membership. Jennifer Henry, representing Julie Meier-Wright, President and CEO of the San Diego Regional Economic Development Corporation, read into the record a letter from Ms. Meier-Wright in support of the proposed lease agreement. Lupita Jimenez, Chula Vista resident, spoke in support of the lease agreement, and encouraged placement ofthe school in the west side of the City. ...' I .",)f,- I Page 11 - Council Minutes hUn :/Iwww.chulavistaca.gov January 23, 2007 DRAFT ACTION ITEMS (continued) Arlie Ricasa, President of the Sweetwater Union High School District Board, spoke in support of the concept but in opposition to the lease agreement recommendation until equitable benefits are made available to the Sweetwater District, as well. Ramon Leyba, Chief Operating Officer of the Sweetwater Union High School District, representing Superintendent Dr. Gandara, spoke in opposition to the proposed lease agreement, stating that the Superintendent does not endorse or support the proposal. Nick Aguilar, Chula Vista resident, spoke in support of the proposed lease agreement, but suggested that the current site should be maintained to attract a university and that the west side ofChula Vista would be better suited to site the high tech high school. Economic Development Manager Stone explained the chronology of discussions, which began in 2005, including those with SURD, regarding the possibility of locating a high tech high school in Chula Vista. Deputy Mayor Rindone, speaking as an elected official, expressed his understanding of the recent conversations with the SURD administrators, which Mr. Stone confirmed, including concerns expressed to staff by the Superintendent that the same opportunities be offered to the public school district, and that the school represent the community in the same way as SURD. Additionally, the Superintendent wanted the charter school to consider grades as another criteria for entrance. Mr. Stone also responded that he had expressed to the Superintendent of SURD that the City welcomed the opportunity to talk about similar types of programs at the campus that would be innovative, work well with and contribute to the success of the University Park and Research Center, and that would take advantage of the space in the same way that a high tech high does. Mr. Stone then explained the reasoning behind the proposed siting versus a site on the Westside of the City. Ms. Recasa spoke regarding lack of communication between the entities involved III this decision. Mr. Wallis ofHTH responded to a prior comment regarding the resources that would be brought to this project and the way the schools were paid for, which is out of operating revenues that in this case would result in an approximately $25 million facility. Deputy Mayor Rindone inquired, and Principal Community Development Specialist Ruiz explained the assurances for HTH to meet prior to providing any further property for additional schools. Mr. Wallis confirmed that ifHTH Chula Vista did not follow the charter as presented to the State Board of Education, the charter could be in jeopardy. /'; "', ,i "j (/'r: """ Page 12 - Council Agenda http://www.chulavislaca.gOy January 23, 2007 DRAFT ACTION ITEMS (continued) Interim City Manager Thomson commented that he had been attempting to arrange a meeting with the SURD Superintendent for the last several weeks, but Dr. Gandara's schedule would not allow that meeting prior to this evening; however he did have a meeting scheduled for next week that would also include Mr. Stone. ACTION: Mayor Cox moved to adopt Resolution No. 2007-028, heading read, text waived: RESOLUTION NO. 2007-028, RESOLUTION OF THE CITY COUNCIL APPROVING A LEASE AGREEMENT WITH HTH LEARNING TO LEASE 8 ACRES OF CITY-OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER, WITH AN OPTION TO DEVELOP A CHARTER MIDDLE SCHOOL ON 2.7 ACRES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT Deputy Mayor Rindone said he had wanted additional information concerning this project from staff this evening, and he did not feel comfortable voting without receiving that information. Therefore, he would abstain from voting. Councilmember Ramirez seconded the motion, and it carried 4-0-1 with Deputy Mayor Rindone abstaining. Councilmember McCann asked Interim City Manager Thomson to work diligently toward improved communications with Sweetwater staff. OTHER BUSINESS 14. CITY MANAGER'S REPORTS At the request of Interim City Manager Thomson, the Council agreed to cancel the February 1, 2007 Council workshop. 15. MAYOR'S REPORTS . Discussion regarding Southbay Power Plant Subcommittee Mayor Cox explained the subcommittee structure in Chula Vista and expressed her willingness to sit on a Council subcommittee, should that be the interest of the Council. Kevin Johnson, representing LS Power, encouraged the Council to continue with an evaluation of the project, and expressed the need to find a way to move the old plant from the bayfront. Deputy Mayor Rindone inquired as to whether the community would have all the power they needed, and if the power plant had a must-run condition. Mr. Johnson responded in the affirmative. ;JA-)3 Page 13 - Council Minutes hup:/ /www.chulavistaca.gov January 23,2007 DRAFT OTHER BUSINESS (Continued) Alexandra Hart, representing the International Brotherhood of Electrical Workers, Local 569, spoke in support of the formation of the Council subcommittee. Laura Hunter, representing the Environmental Health Coalition, spoke III support of the establishment of the subcommittee. Councilmember Castaneda volunteered to serve on the subcommittee. ACTION: Councilmember McCann moved to nominate Mayor Cox and Councilmember Castaneda to serve as the Southbay Power Plant subcommittee representatives. Deputy Mayor Rindone believed the Council as a whole should be involved and fully participate. Councilmember Ramirez expressed support for the subcommittee, offered himself as a candidate, and requested that the subcommittee report back to the Council on a regular basis. Mayor Cox confirmed with Assistant City Manager Madigan that a timeline had not been set for the next workshop, as staff felt some investigatory time should be spent with the California Energy Commission, California Public Utilities Commission, and California Independent System Operator staff members prior to the second workshop. Mayor Cox suggested setting the second workshop for February, and possibly holding off establishing a subcommittee until after the second workshop. Councilmember Castaneda stated the need for specific conversations with the regulatory agencies and stakeholders and establishing the framework of how to proceed prior to the next workshop. Councilmember McCann said he felt the subcommittee should still be formed and the public workshop held in February. Deputy Mayor Rindone expressed support for holding the workshop in February. ACTION: Councilmember Ramirez seconded the motion, and it carried 5-0. 16. COUNCIL COMMENTS Councilmember Ramirez stated that he would be hold office hours to meet with the public on the first Monday of every month, alternating monthly between the east and west sides of the City. West-side meetings would begin on February 5, from 6:00 p.m. to 7:45 p.m., at the South Chula Vista Library. East-side meetings would begin on March 5, with the same hours, at Montevalle Park. Councilmember McCann thanked Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, for holding the Chamber installation dinner in Chula Vista and expressed hope that this tradition would continue in the future. At 10:27 p.m., Mayor Cox recessed the meeting to Closed Session. ;:;rI . /1{ Page 14 - Council Agenda htto:/ Iwww.chulavistaca.gov January 23, 2007 DRAFT CLOSED SESSION 17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager No reportable action was taken on this item. 18. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. ADJOURNMENT At 12:45 a.m., Mayor Cox adjourned the meeting to an adjourned regular meeting on January 25, 2007, at 6:00 p.m. in the Council Chambers. q~~P~ Lori Anne Peoples, MMC, Senior Deputy City Clerk c:J~1-/5 Page 15 - Council Minutes httn:l/www.chulavistaca.gov January 23, 2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 6, 2007 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00 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: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION RECOGNIZING A DELEGATION OF VISITING FACULTY MEMBERS FROM THE HIGH SCHOOL ATTACHED TO NORTHEAST NORMAL UNIVERSITY, CHANGCHUN, PEOPLE'S REPUBLIC OF CHINA Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Principal Hejuan Sun. . INTRODUCTION BY ASSISTANT CITY MANAGER/LIBRARY DIRECTOR PALMER, OF EMPLOYEE OF THE MONTH, JO ANN STORNIOLO, LIBRARY ASSOCIATE Assistant Library Director Brown-Peeling introduced Ms. Storniolo. Mayor Cox read the proclamation, and Councilmember McCann presented it to Ms. Storniolo. . PRESENTATION OF A DONATION TO THE CHULA VISTA PUBLIC LIBRARY FROM QUALCOMM, INC. BY SARAH SNA VEL Y AND ALLISON KELLY Sara Snavely, representing Qualcomm, Inc., presented a check in the amount of $15,000 to Councilmember Ramirez to cover the cost of a year's subscription to Tutor.com for the Chula Vista Public Library. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO CHRIS BOYD, CEO FOR SHARP CHULA VISTA MEDICAL CENTER, PROCLAIMING FEBRUARY 2007 AS "SMOKE-FREE SHARP CHULA VISTA MEDICAL CENTER - AMERICAN HEART MONTH IN THE CITY OF CHULA VISTA" J. 13- / DRAFT SPECIAL ORDERS OF THE DAY (continued) Mayor Cox read the proclamation, and Councilmember Castaneda presented it to Chris Boyd, CEO for Sharp Chula Vista Medical Center. CONSENT CALENDAR (Items I through II) Councilmember Castaneda stated he would abstain on Item 10 due to a conflict of interest. 1. APPROVAL OF MINUTES of the Regular Meeting of January 9, 2007, an Adjourned Regular Meeting of the City Council and Special Meeting of the Redevelopment Agency of January 9, 2007, and an Adjourned Regular Meeting of the City Council and Special Meeting of the Housing Authority of January 9, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Deputy Mayor Rindone requesting an excused absence from the Chula Vista City CouncillPort Commission Meeting of January 18,2007. Staff recommendation: Council excuse the absence. B. Letter ofresignation from Judy Schulenberg, member of the Nature Center Board of Trustees Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE NO. 3059, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) (SECOND READING) Adoption of the ordinance authorizes the levy of a special tax within Community Facilities District No. 13M (Otay Ranch Village Two). This ordinance was introduced at the meeting of January 23, 2007. (City Engineer) Staff recommendation: Council adopt the ordinance. 4. HOUSING ELEMENT ANNUAL REPORT FOR FISCAL YEAR 2005-2006 The City is required by California Government Code to prepare an annual report on Housing Element progress. This report covers the 2005-2006 Fiscal Year. (Acting Community Development Director) Staff recommendation: Council accept the report. Page 2 - Council Minutes httn ://www.chulavjstaca.flOV ;18- d- February 6, 2007 DRAFT CONSENT CALENDAR (continued) 5. RESOLUTION NO. 2007-030, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO REGARDING PARTICIPATION IN THE SAN DIEGO REGIONAL MORTGAGE CREDIT CERTIFICATE PROGRAM Adoption of the agreement allows the City to participate in the San Diego Regional Mortgage Credit Certificate Program. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2007-031, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA'S REPRESENTATIVE ON THE METRO COMMISSION TO VOTE IN SUPPORT OF OPTIONS THAT WILL ENABLE THE CITY OF SAN DIEGO TO BEST ADDRESS THE ISSUE OF SECONDARY WASTEWATER TREATMENT Adoption of the resolution authorizes the City's representative to vote in support of options that will enable the City of San Diego to best address the issue of secondary wastewater treatment. ( City Engineer) Staff recommendation: Council adopt the resolution. 7. A. RESOLUTION NO. 2007-032, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CALIFORNIA STATE FUNDS UNDER THE SAFE ROUTE TO SCHOOL PROGRAM IN THE AMOUNT OF $288,800 FOR THE "HARBORSIDE ELEMENTARY SCHOOL TRAFFIC CALMING PROJECT" B. RESOLUTION NO. 2007-033, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "HARBORSIDE ELEMENTARY SCHOOL TRAFFIC CALMING" (TF- 347), AND APPROPRIATING FUNDS OF $288,800 IN STATE FUNDS, $40,000 IN TRAFFIC SIGNAL FUNDS FOR CITY'S COST SHARE, AND $10,000 IN DEVELOPER'S REMAINING FUNDS (4/5THS VOTE REQUIRED) Adoption of the resolutions accepts the SR2S grant program funds and authorizes the appropriation of funds to a new capital improvement project, "Harborside Elementary Traffic Calming" (TF-347). This project will install raised medians, flashing beacons, and other improvements to enhance pedestrian safety adjacent to Harborside Elementary. (City Engineer) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2007-034, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING A CHANGE ORDER WITH PORTILLO CONCRETE, INC. TO COMPLETE THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS, FISCAL YEAR 2006 (JY-065L)" PROJECT Page 3 - Council Minutes http://www .chula vistaca. flOV /)/:3. :3 February 6, 2007 DRAFT CONSENT CALENDAR (continued) Adoption of the resolution ratifies staffs action approving a change order that resulted from unforeseen circumstances, which caused an increase in quantities for the proj ect beyond what was anticipated during the preparation of the project specifications. (General Services Director) Staffrecomrnendation: Council adopt the resolution. 9. RESOLUTION NO. 2007-035, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006-2007 ENERGY CONSERVATION FUND/SDG&E ENERGY PARTNERSHIP PROGRAM BUDGET TO APPROPRIATE $708,750 FROM THE SAN DIEGO GAS AND ELECTRIC PARTNERSHIP GRANT FOR VARIOUS CITY ENERGY EFFICIENCY PROJECTS AND AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "CITY FACILITY ENERGY EFFICIENCY (GG-199)", AND APPROPRIATING GRANT FUNDS AS NECESSARY (4/5THS VOTE REQUIRED) The City Council approved a three-year grant agreement with San Diego Gas and Electric, which provides funding to the City for energy efficiency projects. Staff is requesting appropriation of calendar year 2006 and 2007 funding in the amount of $708,750. These funds will be used to retrofit and upgrade several City facilities with energy efficiency equipment and pay for related General Services' staff costs. (General Services DirectorlPublic Works Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2007-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS WITHIN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2007 (JY -065M)" PROJECT TO PETER'S CONCRETE COMPANY IN THE AMOUNT OF $82,833.50, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN THE PROJECT On January 3 I, 2007, the Director of General Services received sealed bids for the project, which was included in the budget to remove and replace curbs, gutters, sidewalks, and driveways displaced by differential settling, tree roots, etc., on various City streets. Adoption of the resolution awards the bid to Peter's Concrete Company in the amount of$82,833.50. (General Services Director) Staff recommendation: Council adopt the resolution. 11.A. RESOLUTION NO. 2007-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "CDBG SIDEWALK REMOVAL AND REPLACEMENT FISCAL YEAR 2006- 2007 AT VARIOUS LOCATIONS (STL-295)" PROJECT TO KOCH-ARMSTRONG GENERAL ENGINEERING INC. IN THE AMOUNT OF $154,169.30 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE CONTINGENCIES IN THE PROJECT Page 4 - Council Minutes http://www.chulavistaca.!!ov !,' " to? . "..-.,' I:') ',. .....f- e/ \,.,.-' I February 6, 2007 DRAFT CONSENT CALENDAR (continued) B. RESOLUTION NO. 2007-038, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING INTER-PROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECTS TO THE "CDBG SIDEWALK REMOVAL AND REPLACEMENT FISCAL YEAR 2006-2007 AT VARIOUS LOCATIONS (STL-295)" PROJECT (4/5THS VOTE REQUIRED) On January 31, 2007, the General Services Director received sealed bids for the project, which was included in the budget to remove and replace curbs, gutters, sidewalks, pedestrian ramps, cross gutter and driveways displaced by differential settling, tree roots, etc., on various City streets. Adoption of the resolution awards the bid to Koch- Armstong General Engineering Inc. in the amount of $154,169.30. (General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 5-0, with the exception of Item 10, which carried 4-0-1 with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. ACTION ITEMS 12. CONSIDERATION OF REPORT ON THE UPCOMING STATE LEGISLATIVE SESSION FROM ADVOCATION, INC. The City's advocate in Sacramento was asked to provide information on the recently convened state legislative session and obtain input from the City Council on legislative priorities for the coming year. (City Manager) Communications Manager Carnevale introduced Chuck Cole and Wes Lujane of Advocation, Inc. Mr. Cole presented the report and responded to questions of the Council. Deputy Mayor Rindone asked the consultant to work with Sharon Cooney at MTS to assist in regaining funds from the state and to protect transit-related revenues and resources. Ms. Carnevale stated that this item has been and will continue to be included in the program. In response to an inquiry by Councilmember Ramirez, Ms. Carnevale explained the process involving items going before the Council legislative subcommittee. Councilmember Ramirez asked that the subcommittee provide a report to the Council after its meetings so that Councilmembers could be better prepared for discussion and direction when the legislative program is placed on the Council agenda. Page 5 - Council Minutes httn:/lwww .chu 13 vistaca.llov '/.' c ~,,:). ....;J February 6, 2007 DRAFT ACTION ITEMS (Continued) Councilmember McCann expressed three areas of concern: obtaining the City's fair share of bond money for infrastructure, such as a bridge at 1-805 and Sweetwater Road; the elimination of the must -run status at the South Bay Power Plant so that it can be taken down; and work at the state level to secure grant funding to bring a four-year university to the City. Mayor Cox asked that the 1-805/1-905 interchange be included when addressing funding concerns to the state. Communications Manager Carnevale stated that quarterly updates would be provided to the Council. ACTION: Councilmember Castaneda moved to accept the report. Councilmember McCann seconded the motion, and it carried 5-0. 13. CONSIDERATION OF A RESOLUTION APPROVING, IN CONCEPT, AN AGREEMENT FOR AN INDEPENDENT FINANCIAL REVIEW CONSULTANT, AND THE TRANSFER OF FUNDS THEREFOR, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS, ACCORDINGLY Adoption of the resolution amends the Fiscal Year 2006-2007 City Council budget by transferring a not-to-exceed cost of $40,000 from the personnel category to the supplies and services category to provide the funding for an independent financial review, approves in concept an agreement to retain Economic & Planning Systems (EPS) for the financial review, and authorizes the City Manager to proceed with negotiations with EPS. (Independent Financial Review Council Subcommittee - Mayor Cox and Councilmember Castaneda) Mayor Cox provided a brief overview of the staff report on behalf of the Council's independent financial review subcommittee, comprised of herself and Deputy Mayor Rindone. Deputy Mayor Rindone spoke in support of the recommended action and requested consideration of adding an eighth task to examine the appropriate size ofreserves for Chula Vista. Mayor Cox suggested the task be included as part of the "Desired results, bullet two" component. ACTION: Mayor Cox moved to adopt Resolution No. 2007-039, heading read, text waived: RESOLUTION NO. 2007-039, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006-2007 CITY COUNCIL BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY, APPROVING, IN CONCEPT THE SELECTION OF ECONOMIC & PLANNING SYSTEMS (EPS) AS THE CONSULTANT TO PERFORM AN INDEPENDENT FINANCIAL REVIEW OF THE CITY OF CHULA VISTA, AND DIRECTING THE CITY MANAGER TO PROCEED WITH CONTRACT NEGOTIATIONS Councilmember Castaneda seconded the motion, and it carried 5-0. Page 6 - Council Minutes httu:IIWWW,ChUlaViS:;;'r3 _ ~ February 6, 2007 DRAFT OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MAYOR'S REPORTS A. Report from the CVRC Subcommittee: The Subcommittee recommends referring to the CVRC consideration of removal of all City Council members from the CVRC board. Mayor Cox provided an overview of the CVRC subcommittee report. The following people spoke in support of the subcommittee recommendation: Charles Moore Lisa Cohen, CEO of the Chula Vista Chamber of Commerce Lisa Johnson, Chula Vista resident, Director of the Chula Vista Chamber of Commerce and member of the RAC Jack Stanley, Chula Vista resident, spoke in opposition to the recommendation, citing concerns with lack of accountability and guidance from the elected officials. Councilmember Ramirez requested that a report or memo be provided to the Council after the subcommittee meets in order to give the rest of the Council time to formulate questions and respond to recommendations prior to the item being placed on the agenda. Additionally, he cited the need to address the other side of the issue and how accountability would be provided to the residents. Councilmember Ramirez then referred to a memorandum he had issued that proposed inserting leaders from community planning groups to provide checks and balances. He then requested that the RAC be provided an opportunity to review and comment on the proposal, and reiterated the need for the process to be as public as possible in order to reestablish public trust. ACTION: Mayor Cox moved to refer the consideration of removing Councilmembers from the CVRC Board to the CVRC meeting of February 8, 2007, at 6:00 p.m. in the Council Chambers. Deputy Mayor Rindone seconded the motion, and it carried 5-0. B. Ratification of appointment of David Turner to the Board of Appeals and Advisors. ACTION: Mayor Cox moved to ratifY the appointment of David Turner to the Board of Appeals and Advisors. Deputy Mayor Rindone seconded the motion, and it carried 5-0. C. Ratification of appointment of Ann Tucker to the Commission on Aging. ACTION: Mayor Cox moved to ratifY the appointment of Ann Tucker to the Commission on Aging. Councilmember McCann seconded the motion, and it carried 5-0. Page 7 - Council Minutes htto ://www.chu13vlstaca.e:ov dB--7 February 6, 2007 DRAFT OTHER BUSINESS (Continued) D. Ratification of appointment of Jesse Navarro to the Safety Commission. ACTION: Mayor Cox moved to ratify the appointment of Jesse Navarro to the Safety Commission. Councilmember Ramirez seconded the motion, and it carried 5-0. 16. COUNCIL COMMENTS Councilmember Castaneda reported that he attended a California Child Obesity conference in January as the City's representative on the Healthy Eating/Active Community (HEAC) board. He said he was also asked to represent the City and speak at the Active Living Research Center conference on February 22nd in Coronado, because Chula Vista is recognized as being in the forefront of looking into health issues. Councilmember Rindone asked staff to review the process of reporting vehicles stolen from the auto park. He asked for the report by next Tuesday and that it include what is occurring and what staff recommends be done to make responses to these incidents a top priority. Councilmember McCann congratulated the Chula Vista Chamber of Commerce on its recent installation dinner, which showcased the Eastlake Design Center. He also thanked the Fire Department for hosting the Fire Station 8 grand opening celebration. Councilmember Ramirez stated he had met with Mr. Fabiani of the San Diego Chargers and toured their facility. Additionally, he stated that he held his first open-office hour at the South Chula Vista Library on Monday, and he believed it to be a good public service. A. Councilmember Ramirez: Consideration of support of the appointment of Councilmember Castaneda to the California Coastal Commission. Councilmember Ramirez requested support of the appointment of Councilmember Castaneda to the California Coastal Commission. Mark Croshier, Chula Vista resident, reported that he had filed a complaint with the Ethics Commission on a matter involving Councilmember Castaneda. He understood that the complaint was referred to the District Attorney and the Fair Political Practices Commission, and had yet to be resolved. He suggested that the Council consider this prior to making a decision to support the Councilman. Teresa Accero, President of the Southwest Chula Vista Civic Association, stated that she had been directed by her Board to provide a letter of support for the appointment of Councilmember Castaneda to the California Coastal Commission. Mayor Cox asked if Councilmember Ramirez was requesting individual letters of support from Councilmembers or a letter sent on behalf of the entire Council. Councilmember Ramirez responded that he was requesting staff to prepare a letter from the entire Council. Page 8 - Council Minutes http://www .chulavi staca. {wy ,!) t3 - '? February 6, 2007 DRAFT OTHER BUSINESS (Continued) ACTION: Councilmember Ramirez moved to direct staff to draft a letter on behalf of the entire City Council in support of the appointment of Councilmember Castaneda to the California Coastal Commission. Mayor Cox stated that she had made prior comments in support of San Diego Councilmember Hueso, and would therefore abstain on the vote. Councilmember McCann seconded the motion, and it carried 4-0-1, with Mayor Cox abstaining. At 5:46 p.m. Mayor Cox recessed the meeting to Closed Session for one case only. CLOSED SESSION 17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . Three cases Two cases were not heard, and there was no reportable action on the one case that was discussed. ADJOURNMENT At 7:45 p.m. Mayor Cox adjourned the meeting to the regular meeting of February 13, 2007 at 6:00 p.m. in the Council Chambers. CXeU ~ y~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 9 - Council Minutes httn:/ /www.chulavistaca.!!ov February 6, 2007 :;)6--' DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 20, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:03 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: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYLIN CHAVEZ, PROJECT COORDINATOR FOR THE TOBACCO PROJECT AT THE INSTITUTE FOR PUBLIC STRA TEGlES, RECOGNIZING THE CITY COUNCIL AND THE CITY OF CHULA VISTA FOR BEING THE FIRST IN THE COUNTY TO IMPLEMENT SMOKE FREE PATIOS, SMOKE FREE PARKS, AND THE 50 FOOT SMOKING BAN AT PUBLIC ENTRYWAYS Ms. Chavez introduced Molly Goldman from the American Lung Association and Manuel Andrade from the City of San Diego Tobacco Project, and presented the Mayor and City Council with a plaque which read "In Honor of the City of Chula Vista for its Leadership in Tobacco Control by being the First City in San Diego County to Create Fresh Air Outdoor Dining." Deputy Mayor Rindone accepted the plaque on behalf of the Mayor and City Council and thanked Ms. Chavez and her colleagues for their recognition. He added that Chula Vista was also the first city in the County to purchase compressed natural gas (CNG) busses, which has resulted in pollution reduction throughout the City. CONSENT CALENDAR (Items I through 8) Mayor Cox stated that Item 7 had been withdrawn from the agenda. I . APPROVAL OF MINUTES of an Adjourned Regular Meeting of January 15,2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember McCann, requesting an excused absence from the Council Meeting of February 13,2007. Staff recommendation: Council excuse the absence. -" I (7 CONSENT CALENDAR (continued) 3. A. ORDINANCE NO. 3060, ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A FOUR-HOUR PARKING LIMIT ALONG LAZO COURT AND UPDATING SCHEDULE VI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS TIME-LIMITED PARKING ZONE (SECOND READING) B. ORDINANCE NO. 3061, ORDINANCE OF THE CITY OF CHULA VISTA PROHIBITING PARKING ALONG LAZO COURT FROM 2:00 AM TO 6:00 AM AND UPDATING SCHEDULE IV OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS PARKING RESTRICTION ZONE (SECOND READING) Adoption of the ordinances establishes four-hour time-limited parking and the posting of "No Parking 2:00 A.M. to 6:00 A.M." signs along Lazo Court. These ordinances were introduced on February 13,2007. (City Engineer) Staff recommendation: Council adopt the ordinances. 4. A. ORDINANCE NO. 3062, ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON FIRST AVENUE BETWEEN PALOMAR STREET AND QUINT ARD STREET AT 25 MPH (SECOND READING) B. ORDINANCE NO. 3063, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON FIRST AVENUE BETWEEN QUINT ARD STREET AND SOUTHERN TERMINUS OF FIRST AVENUE AT 25 MPH (SECOND READING) Adoption of the ordinance provides for the establishment and posting of a speed limit of 25 mph at these locations. These ordinances were introduced on February 13, 2007. (City Engineer) Staff recommendation: Council adopt the ordinances. 5. ORDINANCE NO. 3064, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2892 RELATING TO PEDESTRIAN BRIDGE DEVELOPMENT IMP ACT FEE AND AREA OF BENEFIT FOR OT A Y RANCH VILLAGES ONE, FIVE, AND SIX TO INCLUDE VILLAGE TWO TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (SECOND READING) Adoption of the ordinance amends Pedestrian Bridge Ordinance No. 2892, to include Village Two to pay for their fair share of bridge improvements. The fee is payable at issuance of building permits. This ordinance was introduced on February 13,2007. (City Engineer) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes http://www .chulavistaca.l!OV c2 (! . ;)- February 20, 2007 CONSENT CALENDAR (continued) 6. RESOLUTION NO. 2007-045, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT SYSTEM (MTS) AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT City Transit staff notified the Council of staff's participation with the Metropolitan Transit System (MTS) in a joint procurement process for the operation of Chula Vista Transit (CVT) and maintenance ofthe CVT bus fleet in January of2006. The request for proposals was issued and the proposals received were evaluated and ranked, followed by negotiations with one firm. Adoption of the resolution approves a Memorandum of Understanding outlining each agency's responsibilities regarding the new bus operation contract between the City and MTS and authorizes the mayor to execute said agreement. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $151,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECT NO. DRI74 (DRAINAGE F ACILITIES ENVIRONMENTAL STUDY AND PERMITS), AWARDING THE CONTRACT TO WHITNEY ENVIRONMENTAL CONSULTING, INe. (DBA FOOTHILL ASSOCIATES) TO PERFORM THE ENVIRONMENTAL SERVICES RELATED TO OBTAINING PERMITS FOR THE MAINTENANCE ACTIVITIES ASSOCIATED WITH SEVERAL OF THE CITY'S DRAINAGE FACILITIES; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT (4/5THS VOTE REQUIRED) Several drainage facilities in the City are in need of maintenance. These activities require authorizations from various state and federal agencies. Adoption of the resolution creates a new capital improvement project to fund the processing of the state and federal authorizations and preparation of the supporting environmental studies, approves a contract with Foothill Associates to provide environmental services related to obtaining the necessary authorizations, and authorizes the Mayor to execute the agreement. (Public Works Operations Director) Staff recommendation: This item be removed from the agenda. 8. RESOLUTION NO. 2007-046, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $80,285 IN UNANTICIPATED REVENUES A WARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2006-2007, 12TH CYCLE (4/5THS VOTE REQUIRED) Page 3 . Council Minutes http://www.chula vistaca. gov ~) ,I. F..,,( c/l V February 20, 2007 CONSENT CALENDAR (continued) The California Used Oil Enhancement Act (1999) requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers, and Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach and National City. Adoption of the resolution accepts and appropriates $80,285 in unanticipated revenues awarded to the City of Chula Vista from the CIWMB. (General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember McCann moved to approve staffs recommendations and offered Consent Calendar Items I through 6 and 8, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Steven Pavka, Chula Vista resident, read into the record a recent letter to the editor regarding perceived predatory towing practices within the County of San Diego and City of Chula Vista. Mayor Cox referred the matter to staff. ACTION ITEMS 9. CONSIDERATION OF FORMATION OF THE CITY OF CHULA VISTA HEALTH CARE COMMISSION At the meeting of January 9, 2007, the City Council directed staff to investigate the appropriate role and function of a City Health Care Commission for the purpose of assisting regional efforts to provide a strong health care infrastructure for the South Bay. (City Manager) Assistant City Manager Smith provided the staff report and requested direction from the Council. Councilmember Castaneda asked how the commission would operate. Ms. Smith responded that initially the commission would need to meet to frame the specific policy direction for legislative support or opposition; assess the annual state of health care in Chula Vista, which would require a consultant and should probably be done every two years; and provide direction around the H Street Corridor, working with Scripps to review, study and dialogue ways to assist on the economic strategy. Thus, initially, the commission would need to meet monthly and thence quarterly. Deputy Mayor Rindone stated that he liked the idea of having Chula Vista residents on the commission and felt that a total of seven members would be sufficient. Page 4 - Council Minutes httn ://www.chulavistaca.e:ov .~ i-j. February 20, 2007 ACTION ITEMS (continued) Councilmember Ramirez expressed reservations about the formation of a Health Care Commission, stating that it falls too far outside the purview of what municipal government does and would allocate resources away from legitimate activities of municipal government. He suggested the use of existing resources, such as the legislative subcommittee and the City-paid lobbyist firm to keep an eye on legislation, having local healthcare providers present annual reports on the status of health care in the community, and referring the land use issues to the Planning Commission. Councilmember McCann recommended that the voting members include representatives from Scripps and Sharp Hospitals, as well as a doctor and a nurse not affiliated with either of the hospitals. Councilmember Ramirez inquired, and Ms. Smith responded, that she had met with the CEO's of both Scripps and Sharp Hospitals before and after drafting the report, and that they were satisfied with the purpose and intent of the report as drafted. ACTION: Deputy Mayor Rindone moved to approve the formation of the Chula Vista Health Care Commission, including Councilmember McCann's recommendation to include representatives of the two hospitals on the seven-member board, with the Council appointing the remaining five members. Councilmember Castaneda seconded the motion, and it carried 4-1, with Councilmember Ramirez opposing. Mayor Cox inquired and received confirmation that it would be acceptable to work with a membership that included "licensed health care professional," and confirmed that the City Attorney would prepare an ordinance establishing the commission. 10. CONSIDERATION OF APPROPRIATION OF FUNDS FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR THE CONSTRUCTION OF PHASE 3 OF THE CIVIC CENTER RENOVATION PROJECT In July 2001, the Council approved a master plan for the renovation of the Civic Center, and in February 2003, the Council approved a design build agreement with Highland Partnership, Inc. to design and construct the project. In August 2004, the Council approved the guaranteed maximum price of the project at $38,346,000, which reflects the amount to be paid to the design builder for design and construction. The total project budget approved by the Council in August 2004 was $50,148,000. Adoption of the resolution appropriates the funds to construct the third and final phase of the project in accordance with the previous Council actions. (General Services Director/Finance Director) Deputy Mayor Rindone stated that his residence was within 500 feet of the project and he would therefore abstain from discussion and voting on this item. He then left the dais. City Attorney Moore stated for the record that the Council was considering an item to appropriate funds for the Chula Vista Civic Center remodel, and General Services' staff had determined that Deputy Mayor Rindone owned property within 500 feet of the project site. General Services' staff had also determined that Councilmember Castaneda's property was more than 500 feet from the project site, and he was, therefore, able to participate on the item. Page 5 - Council Minutes htto:I /wwvv.chulavistaca.l!OV 'J 7 r ""' L.- - :::;J February 20, 2007 ACTION ITEMS (continued) General Services Director Griffin provided the staff report. Mayor Cox stated that Ian Gill of Highland Partnership, Inc. was present to answer questions. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-047, heading read, text waived: RESOLUTION NO. 2007-047, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR THE CONSTRUCTION OF PHASE 3 OF THE CIVIC CENTER RENOVATION PROJECT (GG-300) (4/5THS VOTE REQUIRED) Councilmember Ramirez seconded the motion, and it carried 4-0-1, with Deputy Mayor Rindone abstaining. OTHER BUSINESS II. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded the Council that the CVRC/RDA meeting of February 22, 2007 had been canceled; requested and received Council concurrence to cancel the February 27, 2007 regular meeting of the City Council due to a light agenda; and stated that a Council workshop on the budget was scheduled for Thursday, March ],2007. 12. MAYOR'S REPORTS . South Bay Power Plant Council subcommittee report requesting Council support of the subcommittee's recommendations regarding the LS Power application; the Port/LS Power lease; and establishing March ]5, 2007 at 6:00 p.m., as a time to conduct a workshop regarding energy issues. Mayor Cox provided an overview ofthe issue of the South Bay Power Plant located on the Chula Vista bayfront, followed by the Council subcommittee's (Mayor Cox and Councilmember Castaneda) report and recommendations for Council consideration. The subcommittee's report stated that the committee members oppose the placement of a power plant on the bayfront and recommend the following: I. The City Council reaffirm its formal position that the South Bay Power Plant be decommissioned by January 2010, and demolished immediately thereafter; 2. The San Diego Unified Port District be requested immediately to initiate such steps as may be necessary to accomplish the decommissioning and demolition of the South Bay Power Plant by January 2010; and 3. The San Diego Unified Port District be requested to not enter into any contracts or contract extensions that would violate the above. Page 6 - Council Minutes httn://www.chulavistaca.llOV '1.-, ~ /' - ~ '- February 20, 2007 OTHER BUSINESS (Continued) Mayor Cox said the subconunittee would travel to the San Francisco/Sacramento area on March 7 to talk with agencies that will determine the Reliability Must Run (RMR) and resource adequacy. Mayor Cox further stated that the second meeting (Bayfront, Energy, Infrastructure workshop), which was to follow the joint City Council/Port District workshop held on January 18, 2007 to allow for other agencies such as LS Power and San Diego Gas & Electric to provide their conunents, had been tentatively scheduled for Thursday, March 22, 2007, at 6:00 p.m. Councilmember Castaneda stated that according to his discussion with the City's Port Commissioner, the earliest the Port District could consider this item would be March 13, 2007, which allowed time for continued work by the Council subcommittee with SDG&E, LS Power and other entities and interests that would have a say in the matter. Councilmember Castaneda then reconunended that the matter of a new lease on what is referred to as the LNG site be brought forth for the City's formal position at a special Council meeting on March 8, 2007, following the regular meeting of the CVRC/RDA. Kevin Johnson, representing LS Power, was encouraged that the Council and his firm shared the conunon objective of removing the old power plant, and expressed his belief that a replacement project on the LNG site would provide a direct link between new generation and the removal of the RMR status. Mr. Johnson then encouraged the subcommittee and the Council to continue its deliberations and examination of the issues and also alternative sites within the City of Chula Vista, and to not forclose on any potentially viable options on the LNG site until all of the facts were known. Leticia Ayala, Chula Vista resident, submitted a speaker's slip in opposition to the placement of a power plant on the bayfront but was not present to speak when called upon. Judy Cascales, Chula Vista resident and retired teacher, stated that the children who live south of the power plant experience a 20% higher hospitalization rate than in other areas in the County and have a higher school absentee rate. Others with suppressed inunune systems and other health concerns and the elderly are also affected. Ms. Cascales spoke in support of removing the existing power plant, and asked the Council to continue to consider the wellbeing of the area's residents by opposing the LS Power proposal for the bayfront. Jose Preciado, Chula Vista resident and President of the South Bay Forum, stated his organization was pleased with the subconunittee reconunendations and encouraged due diligence in pursuing the matter. Lynda Gilgun, Chula Vista resident, thanked the Council for the work they had done and spoke in support of the removal of the power plant. John Flynn stated he was working on a project to bring renewable energy to California, and he encouraged the Council to look long and hard prior to installing any energy that is not renewable, as is solar or wind energy. Page 7 - Council Minutes htto:!/www.chulavistaca.2:0V f";.) (.:..-"'- ',-" rj February 20, 2007 OTHER BUSINESS (Continued) Laura Hunter, representing the Environmental Health Coalition and downwind neighbors, strongly encouraged the Council to take immediate action to end the idea of a large gas-powered power plant on the bayfront; oppose a new lease for the LS Power project; tell the Port to get going on the decommissioning; communicate the City's position to the California Public Utilities Commission before February 24th; and communicate the City's interest in developing different, better options for now and in the future. Ms. Hunter further stated that the Port has full discretion to withhold a lease for a new plant and cited the cooperation agreement between the Port and LS Power that clearly states in Section 7.4(a) "...which approval may be withheld in the Port District's sole and absolute discretion." Melanie McCutchan, researcher with the Environmental Health Coalition, stated that the LS Power proposal for a large natural gas power plant on the bayfront was a bad option, and she encouraged the Council to take immediate action and send a clear statement in opposition to LS Power's current proposal. Georgette Gomez, community organizer for the Environmental Health Coalition, stated that she spoke with area residents living near the power plant who were concerned about the new proposal and wanted the existing plant removed. Ms. Gomez then provided copies of cards signed by area residents, addressed to Commissioner Geesman of the California Energy Commission (CEC), urging the CEC "to reject the current 620MW duct-fired power plant proposal, reject any option that does not emit significantly less pollution on downwind communities, and require clean, renewable energy and conservation as part of the project." Jim Peugh, representing the San Diego Audubon Society, spoke in support of the subcommittee recommendation that no power plant be placed on the bayfront, as the proposed site is immediately adjacent to a national wildlife refuge. He encouraged the Council to find a better use for the environmentally sensitive and precious waterfront land. Jerry Scott, Chula Vista resident, concurred that the old power plant should be torn down and a better, cleaner facility was needed. However, he expressed hope that the Council would wait until the financial review was completed before rushing to judgment about whether a power plant should be built on the bayfront. Mr. Scott cited potential revenue the proposed base load plant would provide for the City, recommended that peaker plants never be considered for the site, and once again encouraged the Council to postpone making a decision until the financial plan is in hand. Councilmember Castaneda stated that he would not trade health for revenues, that he did not want generation on the bay, and that it was prudent for the City to work with the agencies that make the decisions and figure out how to solve the problem. Councilmember Ramirez requested that in the future the subcommittee provide its recommendations ahead of time for Council review, as he was not clear on the recommendation with regard to LS Power and its proposal. Mayor Cox clarified that the proposal contained a power plant on the bayfront, contrary to the subcommittee's recommendation. Page 8 - Council Minutes htto://www.chulavistaca.gov.).i I. () l~. L..--"' (S February 20,2007 OTHER BUSINESS (Continued) Deputy Mayor Rindone stated he agreed with the removal of the old power plant from the bayfront, but was concerned that stating a position to the Port District would eliminate the option that would ensure the removal of the RMR status. Councilmember McCann stated he was ready to take action, citing that at the prior workshop, the CALISO (California Independent System Operator Corporation) representative stated that a new power plant on the bayfront was not needed to get the RMR status removed, but the power provided needed to state that it had enough power in its plan to provide for the needs of the region; SDG&E (San Diego Gas & Electric Company), who put the plan together, stated that a new plant did not fit in its plans and they were not going to buy power from the plant; and LS Power stated it did not have long-term contracts to sustain the power plant. Thus, if there are no contracts, no revenue would be generated, and no pass-through revenue would come to the City. Councilmember McCann thanked LS Power and said he was willing to work on reviewing other alternatives within the City and region, but would not support any power plant on the bayfront. Councilmember Ramirez expressed his interest in making a definitive statement immediately, as well. Councilmember Castaneda reaffirmed his intent that although there would be a new plant or source of energy somewhere in the County, the alternative would not be placed on the Chula Vista bayfront. Deputy Mayor Rindone stated that he could only support a motion that would ensure that the RMR status would be removedy. ACTIONS: Mayor Cox moved that the City Council reaffirm its formal position that the South Bay Power Plant be decommissioned by January 2010 and demolished immediately thereafter. Councilmember Castaneda seconded the motion, and it carried 5-0. Mayor Cox moved that the San Diego Unified Port District be requested to immediately initiate such steps as may be necessary to accomplish the decommissioning and demolition of the South Bay Power Plant by January 2010. Councilmember Castaneda seconded the motion, and it carried 5-0. Mayor Cox moved to recommend that the San Diego Unified Port District be requested to not enter into any contracts or contract extensions that would violate the above (prior motion referring to the decommissioning and demolition of the South Bay Power Plant by January 2010). Councilmember Castaneda seconded the motion, and it carried 5-0. Councilmember Ramirez moved that the Council ask the Port not to extend the lease for LS Power for a new plant/project, and state that the applicant's project is unacceptable for the bayfront and would not be suitable for Chula Vista under any circumstances. The motion died for the lack of a second. Page 9 - Council Minutes htto:/lwww.chulavistaca.llOV r).'1 "4 oil. :/ February 20, 2007 OTHER BUSINESS (Continued) Mayor Cox commented that since the Port District was the recipient of the EIR (Environmental Impact Report), they were well aware of the plans the City Council has for the bayfront; and with representatives from LS Power present at this meeting, they heard the testimony and unanimous actions taken by the Council. Councilmember McCann suggested tasking the Council subcommittee with working to remove the RMR status on the South Bay Power Plant by taking the planned trip to Sacramento/San Francisco and working with the necessary people to gain assistance for removing the RMR. ACTION: Councilmember Castaneda moved that the City Council of Chula Vista take a formal position that it does not want a power plant, old or new, on its bayfront. Councilmember Ramirez seconded the motion, and it carried 5-0. Mayor Cox thanked Michael Meacham for being extraordinarily helpful, as well as City staff who had helped in the power plant site search. 13. COUNCIL COMMENTS . Councilmember Ramirez: Discussion on making the City Manager deliberations in public. Councilmember Ramirez asked that the City Manager discussions be held in the public arena so that the public would have the opportunity for input on the kind of City Manager best suited for the City. Additionally, he felt the Council should express the criteria it felt was important, and the public could then judge the Council on its selection. He asked for a report from the Interim City Manager and City Attorney on what could and could not be discussed in public. Councilmember Castaneda confirmed that Councilmember Ramirez' intent was to have a community discussion about the qualities the public felt an effective City Manager should have, but not inquire of the applicants directly. ] ose Preciado, Chula Vista resident and president of the South Bay Forum, stated that he had sent the Mayor and Council an e-mail requesting that the City Manager hiring process be more transparent, but it was not clear what kind of administrative leader the City Council was looking for. He asked if there was a job description that listed qualifications and said he personally would like to have a better understanding of all aspects of the process. Mayor Cox asked that the recruitment brochure, which responded to many of Mr. Preciado's questions, be provided and possibly placed on the City website. ACTION: Councilmember Ramirez moved to direct City staff, along with the City Attorney, to recommend a process or forum at the next meeting whereby the Council could discuss what is or is not appropriate to discuss in public. Councilmember Castaneda seconded the motion, and it carried 3-2, with Councilmember Rindone and Mayor Cox opposed. Page 10 - Council Minutes htto://www.chulavistaca.l!OV (}"(,' () c;:'<l...- ' February 20, 2007 CLOSED SESSION Mayor Cox convened Closed Session at 8:41 p.m. 14. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(l) Title: City Manager No reportable action was taken on this item. 15. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. 16. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 . Six cases No reportable action was taken on this item. ADJOURNMENT At 12:00 a.m., Mayor Cox adjourned the meeting to the adjourned regular meeting of March 1, 2007, at 6:00 p.m. in the Council Chambers, and thence to the regular meeting of March 6, 2007, at 4:00 p.m. ~~~y~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 11 - Council Minutes http://~..ww .chula vistaca. !lOV d~-;( February 20,2007 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 27, 2007 6:30 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:37 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: Councilmembers: None ALSO PRESENT: City Attorney Moore and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS Jack Stanley spoke about Voit Development's interest in developing the property located at 3525 Main Street. He asked that the City repair the storm drain at that location; place a cul-de-sac at the end of Reed Court; close Britton Avenue and pass that real estate back to the property owners on each side; and take care of the large overhead power lines in the area, all of which he believed would enable easier development and public access in the area. He understood through discussions with the City that funding was not available to repair the storm drain, and he proposed to pay for the repair against the value of a portion of the City's greenbelt property that he had an interest in acquiring, which would increase the size of his property parcel. Mayor Cox referred the matter to staff to come back with a report in a couple of weeks. Israel Garza, president of the Chula Vista Rangers Soccer Club, spoke about the recent soccer tryout sessions at Montevalle Park. He thanked the Council for working hard and planning for the construction of the many citywide recreation facilities. He also expressed thanks to the Parks and Recreation Commission, the Parks and Recreation Department, and the Park Rangers for their hard work in keeping the facilities running smoothly. He gave special recognition and thanks to Recreation Supervisor Ted Nelson for his hard work with the City's Youth Sports Council. John Humiston stated that his two sons were present with him at the meeting to meet their communications merit badge requirement. He then thanked Mayor Cox for successfully running for Mayor and for restoring the moral tone of leadership that the City should have. He complimented the Council for its vision in implementing buses run on compressed natural gas, suggested consideration of a public natural gas station located on Maxwell Road, and encouraged residents to pursue the use of natural gas. :1'0-1 DRAFT PUBLIC COMMENTS (Continued) Peter Watry spoke about the upcoming Presidential and local elections and rumors in Sacramento about the passage of Senate Bill 113 that would move the Presidential primary election to February 5, 2008. He stated that he had received clarification from the Registrar of Voters that this would not automatically cause a change in date for local elections on June 3rd. He urged the Council to issue a definitive statement that no matter what the outcome of Senate Bill 113, Chula Vista's election would be conducted on June 3rd, as scheduled. Mayor Cox asked the City Attorney's Office to post a statement on the City's website. Councilmember Castaneda invited the public to attend the public safety subcommittee meeting to discuss safety in the southwestern portion of the City. The meeting will be held on February 28, 2007, at 6:45 p.m.. CLOSED SESSION At 6:55 p.m., Mayor Cox recessed the meeting to Closed Session. I. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager No reportable action was taken on this item. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. ADJOURNMENT At 8:00 p.m., Mayor Cox adjourned the meeting to an adjourned regular meeting on March I, 2007, at 6:00 p.m. at the John Lippitt Public Works Operations Center, 1800 Maxwell Road. ~w~R~~ Lorraine Bennett, CMC, Deputy City Clerk Page 2 - Council Minutes htto:llwww.chulavistaca.gov . .".... -, i \ - I d.!.-- ~ February 27, 2007 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March I, 2007 6:00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 7:39 p.m., in the John Lippitt Public Works Operations Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None OTHERS PRESENT: City Attorney Moore, City Clerk Bigelow, Senior Deputy City Clerk Peoples CLOSED SESSION Mayor Cox convened the Closed Session at 7:40 p.m. I. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager No reportable action was taken on this item. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager No reportable action was taken on this item. ADJOURNMENT At 9:30 p.m., Mayor Cox adjourned the meeting to the regular meeting of March 6, 2007 at 4:00 p.m. in the Council Chambers. a~~f~ Lori Anne Peoples, MMC, Senior Deputy City Clerk dE; - /