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HomeMy WebLinkAboutcc min 2007/05/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 15,2007 6:00 P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 6:08 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 TO AQUATICS SUPERVISOR Ill, MANUEL GONZALEZ, DECLARING THE MONTH OF MAY 2007 AS NATIONAL AQUATIC MONTH IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Manuel Gonzalez and Recreation Director Buck Martin. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO LUPIT A JIMENEZ FOR HER YEARS OF EXEMPLARY SERVICE TO THE CHULA VISTA COMMUNITY Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Ms. Jimenez. . PRESENTATION BY PATTY CHAVEZ AND KATHY LEMBO FROM SOUTH BAY COMMUNITY SERVICES OF THE "FIRST 5 SAN DIEGO" PROGRAM REGARDING FREE HEALTH CARE SERVICES FOR SOUTH BAY RESIDENTS South Bay Community Services representatives Patty Chavez and Joanne Leone provided an overview of "Baby First" and "Child Ready, School Ready," two of the "First 5 San Diego" health programs that are free to south county residents. . DID YOU KNOW...THAT THE MONTH OF MAY IS PEACE OFFICER MEMORIAL MONTH? Presented by Captain Don Hunter Police Chief Emerson, assisted by Administrative Services Manager Chew, provided an overview of activities held during Peace Officer Memorial Month. CONSENT CALENDAR (Items I through II) Mayor Cox stated that Item 4 would be removed for discussion and that the City Attorney asked that Item 9 be removed from the agenda until further notice. Deputy Mayor Rindone and Councilmember McCann stated they would abstain from voting on Item 8 due to the proximity of their properties to the subject site. With regard to Item 10, Deputy Mayor Rindone requested that Communications Manager Carnavale keep the Council informed of the status of the petition submitted to the state regarding un-funded mandates and how to address them. 1. APPROVAL OF MINUTES of the Regular Meeting of April 3, 2007, the Special Meetings of April 3, 5 and 12, 2007, and the Adjourned Regular Meeting of April 5, 2007. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION - Letter of resignation from Perny Cosca-Reese, member of the Human Relations Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE NO. 3069, ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010 THROUGH 2.16.050 OF THE MUNICIPAL CODE IN THEIR ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020, PERTAINING TO THE RECREATION DEPARTMENT, AND ADOPTING A NEW CHAPTER 2.15 PERTAINING TO THE LIBRARY DEPARTMENT (SECOND READING) Adoption of the ordinance establishes the Recreation Department and Library Department as two separate departments and assigns duties and responsibilities to their Directors. First reading of the ordinance was held on May 1,2007. (City Clerk) Staff recommendation: Council adopt the ordinance. 4. Item 4 was removed for discussion. 5. ORDINANCE NO. 3072, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5 OF THE CHULA VISTA MUNICIPAL CODE ADDING TO CHAPTER 5.44.010 PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES (SECOND READING) An inconsistency exists between Municipal Code Chapter 5.44.010, which states that it is unlawful to hold races on a race track for vehicles propelled by internal combustion engines, and Chapter 19.54.020.J.7, which provides that establishments or enterprises involving large assemblages of people or automobiles, such as race tracks and rodeos, defined as amusement and entertainment facilities, may be permitted through a conditional use permit. Amending Chapter 5.44.010 to add a final sentence stating an exception for races on a racetrack with the approval of a conditional use permit would correct the inconsistency. First reading of the ordinance was held on May I, 2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes htto://www.chulavlstaca.2:0V May 15, 2007 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2007-109, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY CLERK TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF STATE, BUREAU OF CONSULAR AFFAIRS, TO DESIGNATE THE CITY CLERK'S OFFICE AS A PASSPORT ACCEPTANCE FACILITY The City Clerk's office has an opportunity to enhance customer service to the citizens, promote public relations, and generate revenue for the general fund by offering passport application services. The proposal is to provide customers with a one-stop operation, including photographs and mailing services. (City Clerk) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2007-110, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES CONSTRUCTED IN BIRCH ROAD WITHIN THE SR-125 RIGHT-OF- WAY McMillin Land Development has submitted a payment request for reimbursement in the form of transportation development impact fee (TDIF) credits for the construction of storm drain facilities in Birch Road within the SR-125 right-of-way. The change order total of $302,206.19 is above the $50,000 limit, and therefore requires Council approval. Adoption of the resolution approves the TDIF change order for the construction of the storm drain facilities and the reimbursement to McMillin in the form of TDIF credits. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2007-111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FIVE-YEAR TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2006-2007 THROUGH 2010-2011 FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM The San Diego Association of Governments has requested local agencies to submit requests for amendments to existing projects included in the current Regional Transportation Improvement Program. Since the proposed capital improvement program for Fiscal Years 2007-2008 and 2008-2009 and adopted pavement rehabilitation budget involve a different allocation of funding than originally adopted on June 6, 2006, the City is required to submit an amendment to use the Transnet funds for these purposes. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes httD://www.chulavistaca.!WV May 15,2007 CONSENT CALENDAR (continued) 9. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FRAMEWORK FOR AN SR-125 TOLL REDUCTION INCENTIVE PROGRAM, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO FINALIZE AN AGREEMENT WITH SOUTH BAY EXPRESSWAY BASED ON THIS FRAMEWORK, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROJECT ENTITLED "SR-125 TOLL REDUCTION INCENTIVE PROGRAM" (STM365), AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND THEREFOR (4/5THS VOTE REQUIRED) In May 2005, the Council approved adding a transportation demand management project to the transportation development impact fee (TDIF) program. The project included funding allocations for two specific transportation demand management programs to alleviate congestion by encouraging alternative modes of travel during the peak commuting hours. For Council consideration is the framework for a $2.2 million proposed toll incentive program for SR-125/South Bay Expressway, utilizing $1.8 million in previously allocated TDIF funds and $400,000 in toll credits from the South Bay Expressway. (Acting Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2007-112, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 BUDGET BY APPROPRIATING $620,000 FROM THE A V AILABLE BALANCE OF THE PUBLIC FACILITY DEVELOPMENT IMPACT FEE (PFDIF) FUND BALANCE AND A WARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $620,000 FOR TWO DRAIN CLEANING TRUCKS TO DION INTERNATIONAL TRUCKS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID 6971-05-Z AND PRICING AGREEMENT 8070191-0 (4/5THS VOTE REQUIRED) In January 2007, the San Diego Regional Water Quality Control Board adopted the new National Pollutant Discharge Elimination System (NPDES) permit. The new permit includes many new and expanded tasks at jurisdictional, watershed, and regional levels compared to the previous permit. In order to meet the new permit compliance deadlines, it is necessary to order two vacuum-type storm drain cleaning trucks at this time. (Public Works Operations Director) Staff recommendation: Council adopt the resolution Page 4 - Council Minutes htto://www.chulavistaca.2:0V May 15, 2007 CONSENT CALENDAR (continued) ] 1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.66.040 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW THE PERMITTING OF ALCOHOL DURING FACILITY RENTALS AT SALT CREEK, MONTEVALLE AND VETERANS RECREATION CENTERS AND AMENDING SECTION 2.66.0]5 (A) TO REDEFINE THE TERM ALCOHOLIC BEVERAGE TO INCLUDE BEER, WINE AND CHAMPAGNE ONLY (FIRST READING) The Recreation Department proposes to allow the permitting of alcohol under strict standards of issuance during facility rentals at Salt Creek, Montevalle and Veterans Recreation Centers. Adoption of the ordinance revises the Municipal Code sections that relate to alcohol at recreation centers in order to add the three centers to the current list of authorized facilities and to limit alcohol to beer, wine and champagne. New permitting standards and fees are also proposed as part of this staff recommendation. (Recreation Director) Staff recommendation: Council hold first reading of the ordinance. ACTION: Deputy Mayor Rindone moved to adopt staffs recommendations and approve Items 1-3, 5-8, and 9-11, headings read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0 except for Item 8, which carried 3-0-2 with Deputy Mayor Rindone and Councilmember McCann abstaining. Item ]2 was taken out of order and actually heard at this time. ITEMS REMOVED FROM THE CONSENT CALENDAR 4 A. ORDINANCE NO. 3070, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE URBAN CORE SPECIFIC PLAN (PCM-07-0]) AND RELATED REZONINGS TO IMPLEMENT THE 2005 GENERAL PLAN (SECOND READING) B. ORDINANCE NO. 307], ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE TOWN CENTRE I REDEVELOPMENT PLAN THROUGH THE ADOPTION OF THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN (SECOND READING) Adoption of the ordinances approves the Urban Core Specific Plan (PCM-07-0l) and related rezonings to implement the 2005 General Plan, and amends the Town Centre I redevelopment plan through adoption of the 2007 amendment to the redevelopment plan. First reading of these ordinances was held on April 26, 2007. (Acting Community Development Director) Jack Blakely, representing the Third Avenue Village Association, comprised of property owners and business owners on Third Avenue, spoke in support of the adoption of the ordinances and encouraged the Council to move forward and instruct staff to bring back a report on the suggestions to have retail located in the V-I area and the narrowing of Third Avenue south of F Street. Page 5 - Council Minutes l1ttp://www.chulavistaca.2:0V May 15,2007 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Lisa Cohen, Chula Vista resident and CEO of the Chula Vista Chamber of Commerce, representing over 1,000 businesses and their 30,000 employees, spoke in support of the adoption of the ordinances. Charles Moore, Chula Vista resident and President of the Chula Vista Chamber of Commerce, echoed the prior speakers in support of the adoption of the ordinances. Emilie Stone, San Diego resident, thanked the Council for their recommendation to work with staff, and requested continued support in reviewing the flexibility in the 500-foot exclusion for her property located at the comer ofH and Broadway. Peter Watry, Chula Vista resident and representing Crossroads II, stated that his organization supported the passage of the Urban Core Specific Plan with one exception, the exception clause, which he believed was too broad and general and in need of amendment. Theresa Acerro, Chula Vista resident, read from a letter sent to the City by Caltrans in response to the draft environmental impact report for the Urban Core Specific Plan. ACTION: Councilmember McCann moved to adopt Ordinance Nos. 3070 and 3071, headings read, text waived. Mayor Cox seconded the motion, and it carried 3-1-1, with Councilmember Ramirez voting no and Councilmember Castaneda absent from the dais. Councilmember Ramirez asked staff to include in the report back to Council under what conditions exceptions could be granted, what those conditions could be, and the various elements needed to be provided in order for exemptions to be granted. Councilmember Ramirez moved to have staff bring back the report in 90 days. The motion died for lack of a second. Councilmember Ramirez asked staff to provide additional information regarding how parks and park fees are dealt with in Western Chula Vista, including why the fees were calculated the way they were, and how the ratio of acres to population was arrived at and why. Councilmember Ramirez moved to have staff bring back a report in 90 days to address his concerns on parks. The motion died for lack of a second. Mayor Cox suggested staff bring back changes that have appropriate backing sooner rather than later. Deputy Mayor Rindone confirmed that staff would include in the report his prior referral to review floor area ratio. Page 6 - Council Minutes htto ://www.chulavistaca.gov May 15, 2007 PUBLIC COMMENTS Peter Watry, Chula Vista resident and representing Crossroads II, stated that his organization did not believe the Community Development Department staff could be neutral and objective when reviewing projects that would affect neighborhoods. Parks Pemberton, Chula Vista resident, spoke regarding the need for the City to help the poor transition to new living situations so that redevelopment could continue. Mayor Cox asked Mr. Pemberton for contact information so that staff could arrange a meeting to let him know about projects in the works to assist people. Theresa Acerra, Chula Vista resident, spoke regarding infrastructure needs and costs, stating that they should be apriority. Lisa Cohen, Chula Vista resident and CEO of the Chula Vista Chamber of Commerce, commended and thanked the Council for pursuing declaratory relief from the court regarding the publication of the public notice pertaining to the initiative petition on allowable building height limits. ACTION ITEMS 12. REPORT ON INITIATIVE PETITION REGARDING ALLOWABLE BUILDING HEIGHT LIMITS On April 17, 2007, the City Council referred the Initiative Petition Regarding Allowable Building Height Limits to staff for review and analysis, pursuant to Elections Code Section 9215. The report documented staff's analysis. (Planning and Building Director) Staff recommendation: Council accept the report and select one of the following options, pursuant to Elections Code Section 9215: A. Direct staff to place the ordinance, as proposed by the proponents, without alteration, on a Council Agenda for adoption within ten days; or B. Direct staff to prepare a resolution for Council adoption, placing the ordinance on the ballot at the next regular municipal election (June 3, 2008). Item 12 was actually heard earlier in the meeting, prior to the items removed from the Consent Calendar. Councilmember Castaneda stated that because the report referenced specific properties in close proximity to those in which he had a potential interest, he would abstain from discussing and voting on this item out of an abundance of caution. He then left the Council Chambers. Page 7 - Council Minutes http://www .chulavistaca. ~ov May 15,2007 ACTION ITEMS (Continued) City Attorney Moore stated that a question had been raised regarding the method of publication for the citizen initiative petition regarding allowable building heights. City Charter Section 903 incorporates the provisions of the California Elections Code as they relate to initiative powers. Election Code Section 9205 requires that the notice of intention and title and summary of a proposed initiative shall be published in a newspaper of general circulation, adjudicated as such in the City. The notice of intention, title and summary of the building heights initiative was published in La Prensa, which is adjudicated for the City of San Diego and the County of San Diego, but not for the City of Chula Vista. The City Attorney's office retained James Lough of McDougal, Love, Eckis, Smith and Boehmer to advise the City on the matter. Mr. Lough is a recognized expert in the field of election law. Attorney James Lough stated that case law indicated that there was strong public policy requiring publication to inform the public of the contents of an initiative, and that the public policy is rarely overturned. The question in this case would be whether or not that strong public policy is outweighed by other issues, such as substantial compliance with the law or issues of estoppal where wrongful advice has been given. The Council met earlier in closed session and authorized an action to be filed to clarify the issue of whether or not the initiative is void due to publication failure. The authorization included having a writ of mandate filed in Superior Court asking a judge to tell the City what to do. The Council instructed legal counsel to present all arguments, pro and con, so as to not take a position and to make sure that the judge is fully informed of all the facts and circumstances involving the case. The Council asked that equitable principles be discussed also. Mayor Cox clarified that the Council's closed session action included the recommendation that the pursuit of the writ would be conducted in court in open session, open to the public, so that objective testimony could be presented. Attorney Lough stated that the goal was to have everyone involved early in the process to flush out all issues in public. He then provided an overview of how the process would work and how the judge would set the briefing schedule and deadlines to be met. Further, he believed there was sufficient time for the courts to review this fairly simple case, and to meet the election deadlines if the courts approved the initiative going forward. City Attorney Moore suggested that the Council take no action on the staff report pending the outcome of the court hearing. She also reported that the Council voted 4-0 in closed session to bring the matter forward to the courts. Mayor Cox stated that those wishing to speak to Item 12 would still be able to comment under the Public Comments portion of the agenda. The Council took no action on the staff report. 13. CONSIDERATION OF ADOPTION OF RESOLUTIONS ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "ALL SEASONS PARK", APPROVING A DESIGN BUILD AGREEMENT, AND APPROPRIATING FUNDS THEREFOR Page 8 - Council Minutes htto://www.chulavistaca.f!:OV May 15,2007 ACTION ITEMS (Continued) In 2006, the Council approved the master plan for All Seasons Park, which conceptually designed and provided for the construction of a completed and fully functional 7.6-acre park. Adoption of the resolutions establishes the capital improvement project; and awards Erickson-Hall Construction Company a design build agreement for the provision of services required to design and construct the park, and appropriates funds that will enable the design phase of the project to commence. (General Services Director) ACTION: Councilmember McCann moved to adopt Resolution Nos. 2007-113 and 2007- 114, headings read, texts waived: A. RESOLUTION NO. 2007-113, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "ALL SEASONS PARK (PR279)", AND AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2007-114, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION COMPANY FOR THE DESIGN AND CONSTRUCTION OF ALL SEASONS PARK, LOCATED IN OTAY RANCH VILLAGE SEVEN NEIGHBORHOOD OF THE CITY OF CHULA VISTA, APPROPRIATING FUNDS THEREFOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Councilmember Ramirez seconded the motion, and it carried 5-0. Deputy Mayor Rindone stated that one year was too long from when the commission approved the project for it to reach the Council. He requested that staff review the process. 14. CONSIDERATION OF ASSESSMENT OF CIVIC ENGAGEMENT IN CHULA VISTA BY THE INSTITUTE FOR LOCAL GOVERNMENT The Institute of Local Government has completed its report assessing civic engagement in Chula Vista and made 46 recommendations for enhancing current practices and including the public in matters of governance. (Planning and Building Director) Acting Assistant City Manager/City Engineer Tulloch introduced the item. Real Property Manager Ryals provided an overview of the process and report. Development Planning Improvement Manager Lytle provided an overview of the consultant's recommendations. Deputy Mayor Rindone expressed disappointment with the report and suggested that the proposed subcommittee select a workable number of recommendations on which to focus. He then recommended that the subcommittee be comprised of Mayor Cox and Councilmember Ramirez. ACTION: Deputy Mayor Rindone moved to appoint Mayor Cox and Councilmember Ramirez to the subcommittee. Councilmember McCann seconded the motion, and it carried 5-0. Page 9 - Council Minutes http://www . chulavistaca. 2:QV May 15,2007 OTHER BUSINESS IS. CITY MANAGER'S REPORTS Interim City Manager Thomson recommended that the final budget workshop be held on June 7 at the Public Works Operations Center. 16. MAYOR'S REPORTS Mayor Cox stated that she had heard back from all but Councilmember Castaneda that the dates of Wednesday, July 11th, Saturday morning, July 14th in the morning, and Monday, July 23rd were good for holding interviews for the Chula Vista Redevelopment Corporation. She asked Councilmembers to block those dates on their calendars. 17. COUNCIL COMMENTS Deputy Mayor Rindone stated that he presided over the seventh anniversary celebration for the Veteran's Home, and he commended the organizers and congratulated the veterans. Further, he stated that he presented a proclamation and plaque on behalf of the Mayor and Council to Mike Maslak, who had served as auditor for the past seven years and recently retired. Deputy Mayor Rindone then asked staff to expedite the appeal of the bank/deli in the Eastlake Design Center to the Planning Commission. Councilmember McCann thanked the Police Department reserves and mounted patrol for their service to the citizens of Chula Vista, stating that he attended their dinner and awards ceremony. Additionally, he congratulated the Veterans Home on its anniversary. He then reminded everyone of the May 21 workshop in the Council Chambers on the Cummings Initiative, where he, Councilmember Ramirez and staff would take input from the community. He wished his mother, and all other mothers in Chula Vista, a belated Happy Mother's Day. Councilmember Castaneda stated he had attended the Police memorial, and he thanked the members of law enforcement for their dedication to the protection of the community. He then announced that the California Center for Sustainable Energy would be holding an event May 17 through May 28 at the Automotive Museum in Balboa Park, where there would be clean and efficient vehicles available for public viewing and purchase. For additional information, interested persons could check out the website at www.sdenergv.org. Deputy Mayor Rindone thanked his colleagues for their birthday wishes and musical birthday card. At 8:17 p.m. Mayor Cox recessed the meeting. At 8:25 p.m. Mayor Cox reconvened the meeting with everyone present. CLOSED SESSION The Council convened in closed session at 8:47 p.m. Page 10 - Council Minutes http://www .chulavistaca. gOY May 15,2007 CLOSED SESSION (Continued) 18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case This item was heard during the special meeting closed session held prior to the regular Council meeting. 19. CONFERENCE WITH LEGAL CONFERENCE REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Three Cases One case was heard during the special meeting closed session held prior to the regular Council meeting. The two remaining cases were discussed, and there was no reportable action on either case. 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Gerardo Fuentes v. City ofChula Visill, San Diego Superior Court Case No. GIS 21769 No reportable action was taken on this item. 21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Josefina Ouinones v. City of Chula Vista, San Diego Superior Court Case No. GIS 27267 No reportable action was taken on this item. 22. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Deputy City Attorney II The Council ratified the appointment of David Miller as Deputy City Attorney II. ADJOURNMENT At 10:05 p.m., Mayor Cox adjourned the meeting to a Regular Meeting on May 22, 2007 at 6:00 p.m. in the Council Chambers. Page 11 - Council Minutes httn ://www.chulavistaca.QOV May 15, 2007