HomeMy WebLinkAboutcc min 2001/05/29 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
May 29, 2001 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 the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Padilla, Rindone, Salas, and Mayor Horton
(Councilmember Salas arrived at 6:05 p.m.)
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MARY JO BUETTNER OF THE CHULA VISTA
COORDINATING COUNCIL REGARDING SURVEY RESULTS FROM THE
ADOPT-A-BLOCK SURVEY
The presentation was continued to the next meeting.
CONSENT CALENDAR
(Items 1 through 11)
Staff pulled Consent Calendar Item #4 and Councilmember Rindone pulled Items #8 and #10 for
separate consideration.
1. APPROVAL OF MINUTES of May 8 and May 15, 2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from Jeffrey Scott, member of the Human Relations
Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post the vacancy in conformante with Maddy Act
requirements.
CONSENT CALENDAR (Continued)
3 A. REPORT REGARDING PROPOSAL TO INSTALL UNINTERRUPTIBLE POWER
SUPPLY (UPS) SYSTEMS AT APPROXIMATELY 55 TRAFFIC SIGNAL
INTERSECTIONS
B. RESOLUTION NO. 2001-149, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $500,000 FROM THE TRAFFIC
SIGNAL FUND TO A NEW CAPITAL IMPROVEMENT PROGRAM PROJECT TF-
293, TRAFFIC SIGNAL REVITALIZATION PROJECT (4/STHS VOTE REQUIRED)
The San Diego Region has recently experienced rolling blackouts from energy providers,
and more blackouts are expected this summer. In order to provide for the safety and
welfare of the traveling public, the City of Chula Vista proposes to install back-up battery
power supply and Light Emitting Diode (L.E.D.) traffic signal indications for vehicular
and pedestrian traffic at certain critical intersections. (Director of Public Works)
Staff recommendation: Council accept the report and adopt the resolution.
5. RESOLUTION NO. 2001-151, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENG1NEER'S REPORT FOR THE
FISCAL YEAR 2001/2002 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE
MAINTENANCE DISTRICT 10, DECLARING THE INTENTION TO LEVY AND
COLLECT ASSESSMENTS, AND SETTING JUNE 19, 2001 AT 6:00 P.M. AND
JULY 24, 2001 AT 6:00 P.M. AS THE DATES AND TIMES FOR PUBLIC
HEARINGS
Based upon the advice of the City Attorney, agenda items five and six were separated
from agenda item four due to conflict of interest concerns. One Council member owns
property subject to the proposed assessment in this district. Council should note that
agenda item four gives all background information and details on open space districts in
general, which is applicable to this item, but does not include specific information on
Open Space District 10. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2001-152, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2001/2002 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE
MAINTENANCE DISTRICT 14, DECLARING THE INTENTION TO LEVY AND
COLLECT ASSESSMENTS, AND SETTING JUNE 19, 2001 AT 6:00 P.M. AND
JULY 24, 2001 AT 6:00 P.M. AS THE DATES AND TIMES FOR PUBLIC
HEARINGS
Based upon the advice of the City Attorney, agenda items five and six were separated
from agenda item four due to conflict of interest concerns. One Council member owns
property subject to the proposed assessment in this district. Council should note that
agenda item four gives all background information and details on open space districts in
general, which is applicable to this item, but does not include specific information on
Open Space District 14. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes 05/29/01
CONSENT CALENDAR (Continued)
7 A. RESOLUTION NO. 2001-153, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL "B" MAP FOR CHULA VISTA
TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-25;
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE
AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT AND THE
WALL EASEMENT GRANTED ON SAID MAP; APPROVING A "B" MAP
SUBDIVISION IMPROVEMENT AGREEMENT; AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2001-154, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR VILLAGE 5, NEIGHBORHOOD R-25 OF THE
OTAY RANCH PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Adoption of the resolutions approves the Final "B" Map for Neighborhood R-25 of Otay
Ranch Village 5 (CVT 96-04) and the associated agreements. Continental Residential,
Inc. is the current owner and developer of this property. On April 20, 1999, Council
approved the agreement for financing and construction of Olympic Parkway and related
roadway improvements. Approval of the subject final map complies with the
development thresholds established by the Olympic Parkway agreement. (Director of
Public Works)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION NO. 2001-156, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REJECTING BIDS, APPROVING AN AGREEMENT
WITH TRANSCORE FOR THE IMPLEMENTATION OF THE ADAPTIVE TRAFFIC
CONTROL SYSTEM - PHASE II (CIP-TF237), AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
The City received State approval to utilize federal funds under the Federal Intermodal
Surface Transportation Efficiency Act, Congestion Mitigation Air Quality program in
order to upgrade the City's traffic control system to a state-of-the-art, flexible timing,
adaptive traffic control system. On June 19, 1999, City staff proceeded with advertising
for the implementation of the adaptive system for competitive bidding, and on August 11,
1999, staff received sealed bids from two electrical contractors. The first bid was very
high, and the second bid was non-responsive; therefore, staff recommended the rejection
of the two bids and the re-advertisement for proposals. On March 25, 2000, staff
proceeded with the advertisement of Requests For Proposals to implement the adaptive
system. On May 24, 2000, City staff received proposals from three firms to develop and
implement the adaptive system. The firms were Transcore, Bi Tran Systems, Inc. and
P.B. Farradyne. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 05/29/01
CONSENT CALENDAR (Continued) -
11. RESOLUTION NO. 2001-158, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A RECORDS DIGITIZATION SERVICES
CONTRACT TO WESTERN MICROGRAPHICS SYSTEMS, INC. AS THE LOWEST
TOTAL BID FOR REQUESTED SERVICES
In April 1999, the City Clerk's Office received approval to begin a migration of the
City's records archiving to a digital database, accessible by Laserfiche software. Until
this conversion began, the Department of Planning and Building archived records as
rolled plans, boxed paper, micro film, microfiche, and apeme cards. The requested
digitization services will assist this department, and other City departments, in archiving
permanent City records in one medium, in a format compatible with City Clerk records
retention standards. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff recommendations and offered Consent
Calendar Items #1 through #3; Items #5 through #7, Item #9, and Item #11,
headings read, texts waived. The motion carded 5-0, except on Item #5, which
carried 4-0-1 with Councilmember Salas abstaining, and except on Item #6, which
carried 4-0-1, with Deputy Mayor Davis abstaining.
4. RESOLUTION NO. 2001-150, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE
FISCAL YEAR 2001/2002 SPREAD OF ASSESSMENTS FOR CITY OPEN SPACE
MAINTENANCE DISTRICTS 1 THROUGH 9, 11, 15, 17, 18, 20, 23, 24, 26, 31 AND
33, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS AND
EASTLAKE MAINTENANCE DISTRICT NO. 1, DECLARING THE INTENTION TO
LEVY AND COLLECT ASSESSMENTS AND SETTING JUNE 19, 2001 AT 6:00
P.M. AND JULY 24, 2001 AT 6:00 P.M. AS THE DATES AND TIMES FOR PUBLIC
HEARINGS
The City administers 25 open space districts established over the last 30 years. The
districts provide the mechanism to finance the maintenance of common open space areas
(canyons, trails, medians, etc.) associated with and benefiting from that particular
development. As part of the process, a levy of an annual assessment is necessary to
enable the City to collect funds for proposed open space maintenance. Adoption of the
resolution will begin the process for Fiscal Year 2001/2002. The City Engineer has
prepared and filed reports on assessments for all existing open space districts. The above
resolution approves the reports and sets the dates for public hearings to consider the levy
of assessments and collection of funds. (Director of Public Works)
Director of Public Works Lippitt requested that a revision be made to the Engineer's Report
regarding Zone D, Salt Creek, to modify the collection amount from $70.39 to $160.00.
ACTION: Deputy Mayor Davis moved to adopt Resolution No. 2001-150, as amended to
revise the Engineer's Report regarding Zone D, Salt Creek, modifying the
collection amount from $70.39 to $160.00. Councilmember Rindone seconded
the motion, and it carried 5-0.
Page 4 - Council Minutes 05/29/01
CONSENT CALENDAR (Continued)
8. RESOLUTION NO> 2001-155, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON THE CHANGE
ORDERS ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING
STAFF TO PROCESS LIP TO AN ADDITIONAL $250,000 FOR CHANGE ORDERS
On September 26, 2000, Council amended Policy No. 574-01, authorizing the City
Manager to approve all change orders pertaining to the Corporation Yard project with a
single change order value not exceeding $50,000, and a cumulative value of up to
$250,000. The policy permits the City Manager to exceed the limits if delay of the
approval would cause a delay in the "critical path" schedule of the project. Adoption of
the resolution will ratify staff's recent approval of emergency change orders associated
with the construction of the Corporation Yard project, valued at $386,236, and will
authorize staff to process up to an additional $250,000 in change orders, in accordance
with the policy and subsequent amendments. (Director of Public Works)
Councilmember Rindone asked why Highland Parmership was included in assessing the change
orders. He also asked the anticipated percent of the change orders as compared with the original
contract bid. Assistant City Manager Morris responded that with a standard design-bid-build
contract for a new facility, change orders of between 3% and 4% were typical. Since the
Corporation Yard is not only a new construction project but also involves remodeling, the
percentage of change orders would be higher. The City is ahead in terms of potential savings on
the project, and staff has taken efforts to mitigate costs and to find other means to deal with
change orders, such as an agreement with Pacific Waste for acceptance of the City's dirt in lieu
of paying 1.2 million dollars to dispose of it. He stated that in-house and Highland's expertise
are being utilized to justify each and every change order. Approximately .5 million dollars from
the change orders has been allocated towards the installation of energy-saving measures.
ACTION: Councilmember Rindone offered Resolution No. 2001-155, heading read, text
waived. The motion carried 5-0.
10. RESOLUTION NO. 2001-157, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHLILA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY
APPROPRIATING $239,000 TO ADMINISTRATION FOR RECYCLING AND
CONSERVATION EDUCATION PROGRAMS, BASED ON UNANTICIPATED
REVENUES (4/5THS VOTE REQUIRED)
The solid waste disposal and recycling agreement between the City and Pacific Waste
Services establishes a plan to share any potential net revenue from the sale of recyclables.
Pacific Waste Services recently sent the City a check for approximately $239,000 as its
share of the recyclables for calendar year 2000. (Special Operations Manager)
Councilmember Rindone suggested that the City retum a portion of the funds to citizens for their
recycling efforts. City Manager Rowlands stated that the intent of the project is to maximize
funds to conserve energy on a citywide basis, and the funds are needed for other programs.
Deputy Mayor Davis stated that the City is assisting residents by providing energy efficient
incandescent lights to those who cannot afford them.
ACTION: Mayor Horton offered Resolution No. 2001-157, heading read, text waived. The
motion carried 4-1, with Councilmember Rindone opposing.
Page 5 - Council Minutes 05/29/01
ORAL COMMUNICATIONS
Tony Raso, 26 Vista Way, spoke regarding a blind curve at E Street where it meets Corte Mafia.
He stated that the location of Rosebank Elementary School on the.blind comer creates daily risks
for school children and parents, and he suggested that the existing speed zone of 35 mph be
lowered. He furnished petitions signed by approximately 400 residents requesting that the City's
traffic engineers address the problem. Mayor Horton referred the matter to staff and requested
that staff contact Mr. Raso with a report.
Ric Ruybalid, 175 Corte Mafia Avenue, suggested the installation of a flashing yellow light on
Corte Mafia Avenue to caution motorists of the blind curve. He also submitted photographs of
signage and views of the roadway from various angles.
Lupita Jimenez, 1134 Arbusto Corte, representing the South Bay Greens, commended Council
for ecological measures taken by the City. She then introduced Michele Delehanty, also
representing the South Bay Greens, who read a letter by Ms. Jimenez describing the function and
purpose of the Green Party of San Diego County.
Scott Stutzman, 1442 Seacoast Drive #4, Imperial Beach, stated that he received a final notice
from the City regarding a delinquent Pacific Waste bill that his tenants had not paid. The bill
dated back to August 2000, but he did not receive notice of the delinquency until April 2001. He
stated that he now faces a formal hearing and a lien on his property. City Attorney Kaheny
suggested that Mr. Stutzman contact Deputy City Attorney Smyth, who is investigating the
matter. Mr. Stutzman requested information on how many other residents were being similarly
affected and stated that the City needs to review its procedures to ensure that property owners are
given timely notice of delinquencies.
Norma Cizares, 45 E1 Rancho Vista, President of South Bay Forum, invited Council and the
community to the Energy Forum on Thursday, May 31, 2001, at 6:00 p.m., in the Council
Chambers.
PUBLIC HEARINGS
12. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDING
CITY ORDINANCES 1670, 2507, AND 2509; AND AMENDING CHAPTERS X
(BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S
MASTER FEE SCHEDULE
On April 17, 2001, Ordinance 2832 amending the City's Master Fee Schedule was
adopted by Council, to take effect 60 days thereafter. On April 3, 2001, Council adopted
Urgency Ordinance 2831-A, the first in a series of three 30-day urgency ordinances
necessary for immediate implementation of those categories of fees proposed for overall
reduction. This urgency ordinance will continue the fee changes imposed by Urgency
Ordinance 2831-A for an additional 30 days. The fee changes proposed in this urgency
ordinance are identical to those previously adopted and are supported by both the
Building Industry Association and the Board of Appeals and Advisors. (Director of -
Planning and Building/Director of Budget and Analysis)
Page 6 - Council Minutes 05/29/01
PUBLIC HEARINGS (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Horton opened the public heating. There being no members of the public wishing to
speak, she then closed the hearing.
ACTION: Councilmember Rindone offered Urgency Ordinance No. 2831-C, heading read,
text waived:
URGENCY ORDNANCE NO. 2831-C, ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CHULA VSTA AMENDING ORDINANCE 1670
RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AND
AMENDING ORDINANCES 2507 AND 2509 RELATING TO PLAN REVIEW
FEES FOR BUILDING AND MECHANICAL WORK RESPECTIVELY; AND
AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV
(PLANNING), AND XV (FIRE) OF THE CITY' S MASTER FEE SCHEDULE
The motion carried 5-0.
BOARD AND COMMISSION RECOMMENDATION
13. CONSIDERATION OF ADOPTION OF A RESOLUTION EXTENDING AN
INVITATION TO CEBU CITY, PHILIPPINES TO BECOME A SISTER CITY
Chula Vista and other communities in the United States have been requested by Sister
Cities International to affiliate with cities in other nations of similar characteristics and
mutual interest. The City of Chula Vista, through its Council, does recognize and
endorse this program with the hope that it will lead to a lasting friendship between the
people of Chula Vista and Cebu City, Philippines. The Intemational Friendship
Commission recommends that the Council adopt the proposed resolution. (Fire Chief)
Fran Larson, Chair, International Friendship Commission, stated that the large Filipino
community existing in Chula Vista has formed a grass roots effort to support Cebu City as a
sister city.
ACTION: Deputy Mayor Davis offered Resolution No. 2001-159, heading read, text
waived:
RESOLUTION NO. 2001-159, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA EXTENDING AN INVITATION TO CEBU
CITY, PHILIPPINES TO BECOME A SISTER CITY
The motion carried 5-0.
Page 7 - Council Minutes 05/29/01
ACTION ITEMS
14. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL
YEAR 2000/2001 BUDGET FOR THE PLANNING AND BUILDING DEPARTMENT
TO APPROPRIATE $157,500 FROM THE AVAILABLE FUND BALANCE OF THE
GENERAL FUND FOR TRANSIT PLANNING IN CONJUNCTION WITH THE
GENERAL PLAN UPDATE
At its April 26, 2001 budget workshop, the Metropolitan Transit Development Board of
Directors (MTDB) endorsed a Fiscal Year 2002 work program that would include a Iong-
range transit program and a short- to mid-range transit program for the South San Diego
Bay area, including the City of Chula Vista. The funding plan for this effort includes a
parmership between MTDB and the City to promote integrated transit and land use
planning through joint efforts and shared resources. In addition, the request includes
funds that would be used for the City to secure expert policy and technical advisory
services in carrying out these transit programs and related efforts. (Director of Planning
and Building)
Planning and Building Director Leiter presented the proposed transit planning program for Chula
Vista and the South Bay, which would be implemented through the coordinated efforts of MTDB
and the City. He asked the Council to approve the hiring of a transit planning consultant to act as
a policy advisor to the City and to work with MTDB and City staff to develop plans over the
next two years for a scope and schedule for the studies.
Mayor Horton commended staff for bringing the proposal forward in a timely manner and said
the program will add to the success of the Otay Ranch Villages.
Councilmember Rindone thanked staff and Tony Bates of MTDB for their vision in advancing
mass transit opportunities, including the opportunity for express routes. He stated that MTDB
had expressed an interest in the program as a potential demonstration project. He urged the
Council to support staffs recommendations.
Councilmember Salas stated that ridership in Chula Vista is high, which demonstrates a
willingness by the community to use mass transit. She stated that while visiting the City of
Guadalajara, she observed the presence of shuttle vans that transport residents from their
neighborhoods to main transit centers, thus avoiding the use of private vehicles.
ACTION: Councilmember Rindone offered Resolution No. 2001-160, heading read, text
waived:
RESOLUTION NO. 2001-160, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001
BUDGET FOR THE PLANNING AND BUILDING DEPARTMENT TO
APPROPRIATE $157,500 FROM THE AVAILABLE FUND BALANCE OF
THE GENERAL FUND FOR TRANSIT PLANNING IN CONJUNCTION
WITH THE GENERAL PLAN UPDATE
The motion carried 5-0.
Page 8 - Council Minutes 05/29/01
ACTION ITEMS (Continued)
15. CONSIDERATION OF ADOPTION OF A RESOLUTION ADOPTING A COUNCIL
POLICY REGARDING IMPLEMENTATION OF A MILLS ACT PROPERTY TAX
ABATEMENT PROGRAM AND AUTHORIZING THE CITY TO ENTER INTO SAID
MILLS ACT CONTRACTS WITH THE OWNERS OF QUALIFYING HISTORIC
SITES
On January 23, 2001, Council reviewed information presented by the Planning
Department regarding the pros and cons of establishing a Mills Act property tax
abatement program in Chula Vista. Council directed staff to return with a liberal policy
implementing a program that would encourage owners of historic properties to be eligible
for Mills Act contracts. (Director of Planning and Building)
Senior Planner Blessent presented the proposed program and recommended the adoption of a
policy that would allow the City to enter into contracts with owners of qualified homes and to
designate sites and offer financial incentives to homeowners.
Councilmember Salas asked why it was so expensive to update the current inventory of historical
homes in Chula Vista. Ms. Blessent responded that the consultant would provide staff with a
revised report and estimate of costs associated with updating the existing study to include the
Montgomery area.
Pamela Bensoussan, 616 Second Avenue, expressed concern about proposed contract language
requiring a schedule of "improvements." She pointed out that some could interpret
"improvements" to mean "modifications," which could run counter to historic preservation. She
added that some historical homeowners had already completed restorations but needed the tax
benefits to maintain their properties.
ACTION: Mayor Horton offered Resolution No. 2001-161, heading read, text waived:
RESOLUTION NO. 2001-161, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY
REGARDING IMPLEMENTATION OF A MILLS ACT PROPERTY TAX
AGREEMENT PROGRAM AND AUTHORIZING THE CITY TO ENTER
INTO SAID MILLS ACT CONTRACTS WITH THE OWNERS OF
QUALIFYING HISTORIC SITES
The motion carried 5-0.
16. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE
ESTABLISHING THE CITY OF CHULA VISTA AS A MUNICIPAL UTILITY AND
A RESOLUTION ADOPTING THE CITY OF CHULA VISTA ENERGY STRATEGY
AND ACTION PLAN
Page 9 - Council Minutes 05/29/01
ACTION ITEMS (Continued) --
At the April 24, 2001 Council meeting, (following the April 17 Council workshop), staff
presented a report summarizing the findings and recommendations for a City Energy
Strategy and Action Plan ("Strategy"). The findings and recommendations were based
upon staff analysis of an energy management options report prepared by the City's
consultant, MRW and Associates. Council accepted the report and directed staff to retum
with the implementing resolution adopting the Strategy. One major staff
recommendation which emerged as part of the overall energy strategy was for the City to
take the initial steps necessary to more specifically assess the costs and benefits of
forming and operating as a municipal utility. The initial step in this process is for
Council to consider adopting an ordinance establishing the City as a municipal utility.
(Director of Community Development)
Assistant Community Development Director Haynes presented a report summarizing the
findings and recommendtions for a City Energy Strategy and Action Plan.
Assistant City Attorney Googins explained the proposed utility ordinance.
Assistant Community Development Director Haynes announced a public meeting scheduled for
June 1, 2001, at the Otay Recreation Center, from 6:00 to 8:00 p.m., the purpose of which is to
obtain public input on the energy plan. He stated that notices of the meeting would be hand-
delivered to residents in the neighborhood. _
Mayor Horton stated that it was important for the public to realize the need for a new power
facility in Chula Vista. She explained that the new facility would also be more environmentally
friendly than the existing, forty-year-old facility. Mayor Horton encouraged the public to attend
the June 1st meeting and to send strong comments to the local Air Quality Board expressing their
concerns. She stated that the City has performed in a responsible manner, and she quoted
Special Operations Manager Meacham by stating that "pollution does not recognize
jurisdictional boundaries." She stated that the City needs to send a clear message to all
responsible decision-makers that the City is looking for environmental justice.
Councilmember Salas recommended the following with regard to the proposed energy strategy:
(1) strike Duke Energy as the sole party for the re-build of the power plant, since the contract
should be open to any utility that is responsible and answers the needs of the community; (2)
whoever builds the plant must use all methods to run it as cleanly as possible, making certain that
water discharge into the bay will not raise the water temperature of the bay in any manner; (3)
minimize the risks associated with forming a Municipal Utility District by exploring the
formation of joint powers authority with other jurisdictions; and (4) the City consider the
relationship of Port Commissioner David Malcolm, who is Chula Vista's representative, as to
whether his relationship with Duke Energy as a paid consultant would disualify him from voting
on matters related to the Duke Energy plant.
Deputy Mayor Davis spoke in support of staffs report and agreed with Mayor Horton's
comments to modernize or build a new peaker plant on the Bayfront. '
Page 10 - Council Minutes 05/29/01
ACTION ITEMS (Continued)
Councilmember Padilla stated that Duke Energy's contract with the Port will run for at least
another eight years. He explained that although the City was not in a position to control the
parties involved, City representatives can be at the table to exercise as much control and
influence as possible.
Lupita Jimenez, 1134 Arbusto Corte, representing the Green Party of San Diego County,
commended the Council on its energy saving measures and for the City's forward and proactive
thinking. Ms. Jiminez expressed concerns regarding the RAMCO peaker plants and also
submitted a report to Council titled "Investing in an energy-secure future for the San Diego
Region."
Michele Delehanty, 350 Windjammer Circle, expressed concerns regarding the effects of
pollution transmitted by the peaker plants to the area schools and neighborhoods. She urged
Council to take a hard look at decisions for the future.
Buz Schott, representing SDG&E, suggested that the City should not take over the SDG&E
system but recommended that the City create its own utility and look at every opportunity to buy
and aggregate generation for the City of Chula Vista. He added that SDG&E would like to
continue working with City staff to assist with the formation of a municipal utility district and to
assess SDG&E's distribution system.
Councilmember Rindone supported staffs recommendation, stating that it was essential to adopt
the ordinance immediately, since he was concerned with the possibility of restrictions on the
establishment of a municipal utility district and the potential for leverage of participation with
other agencies.
ACTION: Mayor Horton offered Resolution No. 2001-162 and Urgency Ordinance No.
2835-A for adoption, and Ordinance No. 2835 for first reading, headings read,
texts waived:
RESOLUTION NO. 2001-162, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
ENERGY STRATEGY AND ACTION PLAN
URGENCY ORDINANCE NO. 2835-A, ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHiNG THE CITY OF
CHULA VISTA AS A MLrNICIPAL UTILITY
ORDiNANCE NO. 2835, ORDiNANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING THE CITY OF CHULA VISTA AS
A MUNICIPAL UTILITY
The motion carried 5-0.
Page 11 - Council Minutes 05/29/01
ACTION ITEMS (Continued)
17. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE CITY
MANAGER TO APPOINT AN AD HOC COMMITTEE ON THE CIVILIAN REVIEW
COMPONENT OF THE COMMUNITY RIGHTS AND ENHANCEMENT PLAN FOR
CHULA VISTA
At the April 17, 2001 Council meeting, Mr. Virgil Pina proposed a Community Rights
and Enhancement Program for Chula Vista. The program was referred to staff for review
and analysis. (City Manager/City Attorney/Chief of Police/Director of Human
Resources)
City Manager Rowlands explained the five-point plan proposed by Mr. Virgil Pina for
community rights enhancement purposes.
Human Resources Director Emerson spoke regarding personnel hiring and job announcement
procedures for the City, stating that the City was committed to hiring the best qualified
candidates from a diverse community to provide the highest quality of services for the City.
City Attomey Kaheny spoke regarding the subject of minority contracting, stating that he stood
by his comments in the report to Council.
Police Chief Emerson stated that the Police Department was currently collecting data on traffic
stops to be fumished in a report on a six-month basis.
City Manager Rowlands listed key points to be considered regarding Mr. Pina's request for an
independent civilian review board for the Police Department. He recommended that, should an
Ad Hoc Committee be appointed, the members: (1) become familiar with the nature and concern
for the request for a civilian review board; (2) become familiar with the Police Department's
internal policies and procedures; (3) review procedures used to investigate allegations of police
misconduct; (4) review the police academy and in-service training programs for police conduct
and ethics; (5) review the process presently in operation to handle citizen complaints against
police officers and go back in history to see the types of complaints being raised; and (6) report
back to Council by October 2001 with a report of their findings.
Police Chief Emerson stated that the City has established a Community Relations Unit with the
goal of identifying the stakeholders and to build on relationships in the community. He also
described added enhancements, such as installation of video cameras on police vehicles and
audio micro-cassette recorders issued to police officers, in order to obtain accurate scenarios of
Police Department activities and the best level of service to the community.
Mr. Pina stated that he was confident that the City would soon have a Community Rights
Enhancement Plan with a civilian review board.
Christian Ramirez, 2009 Harrison Avenue, San Diego, expressed concem regarding police
brutality, racial profiling, and Chula Vista's cooperation with the Border Patrol, which he
believed promoted racism. He stated that Chula Vista could set an excellent example for other
cities, particularly San Diego, National City and Oceanside. He explained that it was important
to understand that problems existed in which minorities were being targeted by police officers,
and he encouraged Council to contemplate the issue.
Page 12 - Council Minutes 05/29/01
ACTION ITEMS (Continued)
Mr. Pina presented his Community Rights and Enhancement Plan for Chula Vista, highlighting
the following five requests: City personnel hiring report; minority paper job armotmcement
advertising; City contracts report; data on traffic stops; and independent civilian review board.
Norma C~zares, 45 E1 Rancho Vista, President of the South Bay Fortan, spoke in support of a
Community Rights Enhancement Plan and encouraged Council to move positively on the issues.
She challenged Council to take the lead and be innovators.
Petrina Burnham, 2857 Imperial Avenue, San Diego, representing the NAACP, San Diego
Branch, spoke in support of a Community Rights Enhancement Plan, addressing the five points
proposed by Mr. Pina and specifically encouraging the bi-annual report on hiring practices.
Michael Meridan, 2445 Fifth Avenue, Suite 200, San Diego, representing the A.C.L.U., stated
that his practice primarily represented victims of police misconduct and spoke in support of a
civilian review board.
Terry Hanks, 1104 Palm Avenue, National City, representing the Committee Against Police
Brutality, spoke in support of a citizen review board. He stated that the police could not be
trusted to review themselves, and he urged Council to work with the Human Relations
Commission and community members to establish a review board.
Samuel Cowan, 1035 Corte Maria, asked Police Chief Emerson to explain the meaning of an on-
site warrant and also requested an explanation of a past incident involving the Chula Vista Police
Department.
Councilmember Salas encouraged the public to read staffs report prior to making judgments and
believed that the City had done a good job with diversity in its hiring practices.
Councilmember Padilla stated that communities needed to quit presuming the worst in one
another and to communicate. He stated that it was not about the statistics but about the
presumptions that are made when we look at them.
ACTION: Councilmember Salas moved to appoint an Ad Hoc Committee, with a report due
back in October 2001 regarding the need for a review board; and offered
Resolution No. 2001-163, heading read, text waived:
RESOLUTION NO. 2001-163, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO
APPOINT AN AD HOC COMMITTEE ON THE CIVILIAN REVIEW
COMPONENT OF THE COMMUNITY RIGHTS AND ENHANCEMENT
PLAN FOR CHULA VISTA
Deputy Mayor Davis seconded the motion, and it carded 5-0.
Page 13 - Council Minutes 05/29/01
OTHER BUSINESS ---.
18. CITY MANAGER'S REPORTS
There were none.
19. MAYOR'S REPORTS
A. Ratification of appointment to the Commission on Aging - Steve Palma.
ACTION: Mayor Horton moved to ratify the appointment of Steve Palma to the Commission
on Aging as representative for the Otay region of the commtmity. Deputy Mayor
Davis seconded the motion, and it carried 5-0.
Mayor Horton stated that the Commission on Aging needed to be re-energized to provide a
broader depth and purpose in the community. She added that Susan Carillo, who previously
submitted her resignation, would remain on the Commission, and Helen Stokes would be
recommended for ratification at the meeting of June 5, 2001.
B. Ratification of appointment to the Board of Ethics - Rudy Ramirez.
ACTION: Mayor Horton moved to ratify the appointment of Rudy Ramirez to the Board of
Ethics. Councilmember Salas seconded the motion, and it carried 5-0. o*
20. COUNCIL COMMENTS
There were none.
CLOSED SESSION
21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· Tuchscher Development Enterprises, Inc. v. City of Chula Vista (case no. GIC
758620)
No reportable action was taken.
· Hanson Aggregates Pacific Southwest, Inc. v. Clancy Constructors (case no. GIS
006205)
No reportable action was taken.
· Loretz v. City of Chula Vista (case no. 726517)
No reportable action was taken.
Page 14 - Council Minutes 05/29/01
CLOSED SESSION (Continued)
22. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· One Case
No reportable action was taken.
ADJOURNMENT
At 10:45 p.m., Mayor Horton adjourned the meeting to an Adjoumed Regular Meeting on May
31, 2001, at 4:00 p.m. in the Council Conference Room, and thence to the Regular Meeting of
June 5, 2001, at 4:00 p.m. in the Council Chambers.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 15 - Council Minutes 05/29/01