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HomeMy WebLinkAbout2008/02/19 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 22, 2008 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6:07 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 Manager Garcia, City Attorney Ann Moore, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION PROCLAIMING FRIDAY FEBRUARY 1,2008 AS NATIONAL WEAR RED DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember McCann presented it to Mylissa McCann and Erica Cacas. Mrs. McCann spoke about the importance of heart health awareness for women, and she invited everyone to attend the "Go Red for Women" event on February 8, 2008, 9:00 a.m. to 2:00 p.m. at the Hotel Del Coronado. She also encouraged people to access the Internet at \v\vw.americanbeart.org for more information on heart health and risk factors. Ms. Cacas thanked the Council for its support of "Go Red for Women", and stated that the Heart Association was working with the government to pass the Heart for Women Act. She also informed the community of a local program that provided women with low income free screening for blood pressure and blood cholesterol. Mayor Cox encouraged everyone to wear red on Friday, February 1, 2008, in support of "National Wear Red Day." . REPORT TO CITY COUNCIL ON RESULTS OF PROPOSED CHARGER STADIUM HEARINGS BY SPECIAL COUNSEL TO THE SAN DIEGO CHARGERS, MARK FABIANI . Councilmember McCann introduced Special Counsel to the San Diego Chargers, Mark Fabiani, who gave an update on discussions between the City and Chargers organization over the past year that included a site selection study, public input process, and town hall meetings on the west and east sides of the City. He spoke about the next courses of action by the Chargers organization over the next six months that would involve 1) a private financing study to determine if there was a way to privately finance a stadium, and 2) the need by the Chargers organization to learn more about the potential shut down of the power plant facility on the bayfront. Mr. Fabiani stated that he would look forward to returning to the Council with a report on the results of the study. \ A-\ DRAFT Mayor Cox stated she looked forward to the report, and that staff would now be focusing on the Gaylord Entertainment and Resorts project on the bayfront and associated infrastructure to follow, including a fIre station and a 40-acre parkland. It was the consensus of the Council to take Item 6 out of order to be heard prior to the Consent Calendar. ACTION ITEMS 6. CONSIDERATION OF ADOPTION OF A RESOLUTION SUPPORTING KEEPING THE SAN DIEGO CHARGERS IN SAN DIEGO COUNTY Adoption of the resolution shows City Council support to keep the San Diego Chargers in San Diego County. (Chargers Relocation Subcommittee) RESOLUTION NO. 2008-022, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE SAN DIEGO CHARGERS TO STAY IN SAN DIEGO COUNTY The following members of the public spoke in support of the proposed Council resolution: Bob Thomas, Chula Vista resident. He was opposed to consideration of a stadium on the City's east side. Norbert Stein, ChuIa Vista resident. Patricia Lopez, ChuIa Vista resident. Ms. Lopez requested that the City amend the mobilehome ordinance to protect the mobilehome owners, and to ensure that they receive fair market value for their homes. James Proulx, Chula Vista resident. Cindy Gompper-Graves, Poway resident, representing the South County Economic Development Council. Tom Clavell, ChuIa Vista resident. Lourdes Valdez, Chula Vista resident, representing the Chula Vista Chamber of Commerce. Catherine E. Aguinaldo, Bonita resident. Michael Cain, ChuIa Vista resident. Jeffrey Thompson, Chula Vista resident, recommended consideration of a stadium sponsorship by the Federal Government, opposed to placing stadium near power plant, but prefers placement near training center. Marvin Winters, Chula Vista resident, suggested that a portion of stadium ticket sales to towards low income housing in the community. John Altman, San Diego resident and Chula Vista property owner, thought there would be fewer traffIc impacts on the west side. The following members of the public submitted speaker cards in support of the proposed resolution, but did not wish to speak: Julie Ward, San Diego resident, representing Sign On San Diego Brad Moore, San Diego resident. Michael Stinson, ChuIa Vista resident. Reiner J. Leal, Chula Vista resident. Daron Stinton, Lemon Grove resident, representing Sign On San Diego. The following members of the public were opposed to the proposed resolution: Jim Peterson, Chula Vista resident, urged the Council to discourage the Chargers from performing any further studies for a stadium in ChuIa Vista. Page 2 - Council Minutes IA-d. January 22, 2008 DRAFT Laura Hunter, Escondido resident, representing Environmental Health Coalition requested that the Council oppose the proposed resolution and pass a resolution to remove the bayfront site as a consideration for a Chargers stadium, expressing concern about the impacts on the overall bayfront master plan efforts. Jim Peugh, San Diego resident, representing the San Diego Audubon Society requested that the Chargers organization include an environmental study as part of its independent financial study. Patricia Aguilar, Chula Vista resident, representing Crossroads II, supported further studies, recommended that the Council simply accept the report by Mr. Fabiani, and should the Council choose to pass the proposed resolution, she requested that the word "encouraged" be changed to "welcomed" in the resolution. Councilmember McCann spoke of the need for the City to take a leadership role on the issue and to view it from a regional perspective. He stated this was a once in a lifetime opportunity that could be accomplished in a manner that would enhance the quality of life for the community. Furthermore, a Chargers stadium could provide a catalyst to bring teams from San Diego State University and other colleges to the City. He believed that bringing the Chargers to Chula Vista would elevate the City's image. ACTION: Councilmember McCann moved to adopt Resolution No. 2008-022, heading read, text waived. Mayor Cox seconded the motion and it carried 5-0. CONSENT CALENDAR (Items 1 through 5) Item 4 was removed from the Consent Calendar for discussion by members of the public. 1. APPROVAL OF MINUTES of the Regular Meetings of October 9, 2007 and October 16,2007; the Emergency Meeting of October 23, 2007; the Adjourned Regular Meeting of November 1, 2007; Regular Meetings of November 6, 2007, November 13, 2007, and December 4, 2007; an Adjourned Regular Meeting of December 6, 2007; and Regular Meetings of December 11,2007 and December 18, 2007. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2008-018, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY CLERK TO ESTIMATE COSTS PAYABLE BY CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 3, 2008 AND REQUIRING PAYMENT THEREOF AS A CONDITION TO FILING OF SUCH MATERIALS This item authorizes the City Clerk to estimate the cost payable by each candidate for elective office for the General Municipal Election to be held in the City of June 3, 2008, for printing, handling, translating, and mailing of candidate statements, and requires payment of such amount as a condition to filing of materials. State law requires the City to refund any amount paid pursuant to the city's estimate that is over the actual cost, and allows the City to recover additional amounts where the estimate is below the actual cost. (Interim City Clerk) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes IA-'3 January 22,2008 DRAFT 3. RESOLUTION NO. 2008-019, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SLOPE REPAIR AT OLYMPIC PARKWAY BETWEEN HERITAGE ROAD AND SANTA VENETIA STREET (CFD97-lB)" PROJECT TO MJC CONSTRUCTION IN THE AMOUNT OF $38,500 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS AND ISSUE CHANGE ORDERS AS NECESSARY IN AN AGGREGATE AMOUNT NOT TO EXCEED $9,625 TO COMPLETE THE PROJECT The proposed project provides for the reconstruction of a slope on the north side of Olympic Parkway between Heritage Road and Santa Venetia Street in the City of Chula Vista. Bids were received on December 18, 2007. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 4. This item was removed from the Consent Calendar. 5. RESOLUTION NO. 2008-021, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $80,285 IN REVENUES AWARDED 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, 12TH CYCLE AND AMENDING THE FISCAL YEAR 2008 WASTE MANAGEMENT AND RECYCLING SUPPLIES AND SERVICES BUDGET (4/5THS VOTE REQUIRED) 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. 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. (Public Works Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. Councilmember Ramirez seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2008-020, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE SECOND LOWEST BID AND APPROVING THE THIRD LOWEST BID AND AWARDING CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (CIP PR-295)" PROJECT TO MJC CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 4 - Council Minutes iA-Y- January 22, 2008 DRAFT On December 19, 2007, nine sealed bids were received for this project. This is the second and final phase of this crp. Phase 2 will include a new restroom facility, upgraded park security lighting, tot lot safety surfacing, fencing at the rear of the Boys and Girls Club to enclose the park play area and associated site specific improvements. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Elizabeth Pastrana, Chula Vista resident, representing San Diego State University, spoke in support of the proposed resolution and Lauderbach Park upgrades, but stated that there were additional issues that needed to be addressed, such as inadequate lighting, drainage and fencing problems. She stated she would like to optimize and increase support by the community for additional park improvements in order for children to benefit from its use. Xinia Sanchez, San Diego resident, representing San Diego State University, spoke in support of the proposed resolution, but stated that it seemed as though the additional issues noted by the previous speaker were not being prioritized. She stated that providing accessibility and increasing resources in the park would increase physical activities by the community, which she believed was a national priority. She expressed the need for collaborative efforts by the City and the community in order to benefit the citizens and the parks. Tanya Rovira-Osterwalder, Chula Vista resident, representing Healthy Eating Active Communities Initiative read statements about Lauderbach Park from local students as part of an assessment project. They described the many issues regarding the undesirable state of the park, indicated their support for improvements, and to return the park to a state where the community could enjoy activities as they did in the past. She commended City staff for their response to the issues and the collaborative efforts from all parties involved. Kristin Mueller, San Diego resident, representing Walk San Diego stated that she received an immediate response from City staff on a report submitted to the City that addressed numerous issues regarding Lauderbach Park. She supported collaborative efforts between the City and other local organizations for park improvements, urged the Council to support the proposed resolution, and to pursue future funding opportunities for additional improvements to Lauderbach Park. General Services and Engineering Director Griffin responded to the concerns raised by the speakers, stating that the goal of the project was to do as much as possible with the available funding, and to focus those improvements on generating activity in the park. Further, staff was aware of the additional deficiencies such as drainage and fencing, and would be working with the respective property owners to reach a solution. He stated that should the project go as planned, some of the funding identified as contingencies for the project, may be used to provide additional improvements. Councilmember Ramirez stated he looked forward to working with the various groups in addressing the park issues and improvements. With reference to the proposed addition of bathrooms for the park, he stated that the facility would require monitoring to avoid undesirable activities. He requested that City staff meet with the group, should they wish to provide any further input on the park issues. Deputy Mayor Rindone directed staff to provide a report to Council on 1) available funding after completion of the project, 2) to what other areas the funding may be used, and 3) work that would still need to be done. Page 5 - Council Minutes IA-5 January 22, 2008 ACTION: DRAFT Deputy Mayor Rindone moved to approve staff recommendation and offered Resolution No. 2008-020, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 5-0. PUBLIC COMMENTS Marvin Winters, Chula Vista resident, offered to donate the services of three of his employees to assist with clean up of Lauderbach Park. He then spoke regarding an e-mail he sent to the Council about his concerns with power washing in the City by the Third A venue Village Association and associated storm water issues. He hoped the City would continue to support him by providing enforcement to monitor compliance by the Third Avenue Village Association on the matter of power washing. Barbara Nunnelee stated that residents of local mobilehome parks were terrified of losing their homes to redevelopment. She asked the City to provide material to residents who may potentially be affected, notifying them of where they could go should this occur. Willard Howard, Chula Vista resident provided history as to why restrooms were intentionally omitted from Lauderbach Park, but spoke in support of the installation of restrooms. He then stated that a number of his neighbors in the Castle Park area were being approached by City inspectors with respect to building code violations. He stated that while the City was concerned about these code violations, the neighborhood was without streets and sidewalks. He stated that if this was in fact true, the City Council should first address the infrastructure needs of the community prior to enforcement of code violations. At 8:24 p.m., Mayor Cox announced a brief recess of the Council Meeting. The meeting reconvened at 8:46 p.m., with all members present. ACTION ITEMS 6. Item 6 was taken out of order and heard prior to the Consent Calendar. 7. CONSIDERATION OF MATTERS REGARDING INITIATIVE PETITION ENTITLED "AN INITIATIVE PETITION TO AMEND, BY ORDINANCE, THE CITY OF CHULA VISTA'S GENERAL PLAN TO REQUIRE VOTER APPROVAL FOR ANY GENERAL PLAN CHANGE THAT WOULD INCREASE ALLOWABLE BUILDING HEIGHTS ABOVE 84 FEET IN MOST AREAS OF THE CITY, EXCEPT WEST OF INTERSTATE 5, AND TO SET A BUILDING HEIGHT LIMIT OF 45 FEET ON THIRD A VENUE BETWEEN E AND G STREETS" The proponents of an initiative petition, regarding an amendment to the City's General Plan to require voter approval for any change to the Plan on allowable building heights in certain areas of the City, filed the signed petition with the City Clerk on December 18, 2007. The number of valid signatures required for the Council to act upon this initiative petition is 9,113, ten percent of the voters of the City. The petition was forwarded to the San Diego County Registrar of Voters, and the petition signatures were validated up to the required number, with notification to the City on January 15, 2008. Elections Code Sections 9211 and 9114 require the City Clerk to certify the results of the examination to the City Council at its next regular meeting. Further, Elections Code section 9215 requires the City Council to take action on the initiative petition, as outlined herein. (Interim City Clerk) Page 6 - Council Minutes )A-~ January 22,2008 DRAFT Interim City Clerk Norris presented the results of the examination of signatures for the initiative petition. Deputy Mayor Rindone spoke in support of proposed resolutions A, B, and C (ii) and (iii). He then requested, and Deputy City Attorney Dawson provided, an assessment of Item C(ii) and (iii). Susan O'Shaughnessy, Chula Vista resident spoke in support of building vertically, and revitalizing Third Avenue to make it vibrant and a destination location. She urged development of the area and envisioned condos and lofts, offices, and a new generation of young and upcoming residents moving to the area. She encouraged all citizens to vote to increase allowable building heights. Patricia Aguilar, representing Crossroads II spoke in support of the initiative. Regarding Item 7C, she recommended Council's adoption of option (i) or (ii). She stated it was time to place the matter on the ballot and let the people vote. Greg Moser spoke on behalf of Earl Jentz, stating that the proposed initiative would only affect a portion of Third A venue, and spoke in support of placing the proposed initiative on the ballot, or adopting the proposed ordinance, Item 7C (i). Deputy Mayor Rindone asked Mr. Moser if a special election would be required for multiple- story projects not located on Third Avenue, should this initiative pass. Mr. Moser responded that such projects would follow the rules stated in the current General Plan. Deputy Mayor Rindone requested confirmation and Mr. Moser confirmed that if the General Plan currently provided that a project may exceed 84 feet, there would be no need for a General Plan amendment, and the proposed ordinance would not be applicable. Jackie Lancaster, Chula Vista resident, spoke in support of the proposed ordinance, Item 7C (i), and asked the Council either adopt the initiative, or place it on the June ballot. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2008-023 and Resolution No. 2008-024, headings read, text waived. A. RESOLUTION NO. 2008-023, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES FOR THE INITIATIVE PETITION REGARDING AMENDING, BY ORDINANCE, THE CITY'S GENERAL PLAN DEALING WITH ALLOWABLE BUILDING HEIGHTS B. RESOLUTION NO. 2008-024, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING NECESSARY FUNDS FOR THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES BY THE COUNTY REGISTRAR OF VOTERS REGARDING THE INITIATIVE PETITION ON ALLOWABLE BUILDING HEIGHTS (4/5th VOTE REQUIRED) Councilmember Castaneda seconded the motion and it carried 5-0. Page 7 - Council Minutes J A-7 January 22,2008 DRAFT Councilmember Castaneda asked staff to explain the amendment changes between the first initiative petition and the current petition. City Attorney Moore responded that perhaps Mr. Moser could describe the changes, since the proponents would have better knowledge of the amendments. Mr. Moser responded that some of the principal differences included: 1) clarity about the kind of vote necessary if changes to the General Plan were needed and submitted to the voters; 2) clarification of the areas exempted, (bayfront as it may be amended, and any property west ofInterstate-5), and; 3) language pertaining to the calculation of height. Mayor Cox asked Mr. Moser to speak to the density bonus changes. Mr. Moser responded that he didn't recall any changes that had been made regarding density bonuses. Councilmember Ramirez stated that he could not support Item 7C(i) because it would preclude the voters from voting, and instead, would support Item 7C(ii). Deputy City Attorney Dawson requested, and Council concurred, that by interlineation, the words "be adopted" be added to the end of the ballot question on the body of the proposed resolution which was erroneously omitted. Councilmember McCann expressed concern that facilities such as Scripps Hospital may leave the City should they not have the ability to expand. ACTION: Councilmember Ramirez moved to adopt Resolution No. 2008-025 and No. 2008- 026, headings read, texts waived. C. CONSIDERATION OF ACTION ON INITIATIVE PETITION, AS REQUIRED BY ELECTIONS CODE SECTION 9215, SPECIFICALLY TAKING ONE OF THE FOLLOWING ACTIONS: (i) CONSIDERATION OF ADOPTION OF ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE GENERAL PLAN TO REQUIRE VOTER APPROVAL FOR ANY GENERAL PLAN CHANGE THAT WOULD INCREASE ALLOWABLE BUILDING HEIGHTS ABOVE 84 FEET IN MOST AREAS OF THE CITY, EXCEPT WEST OF INTERSTATE 5, AND TO SET A BUILDING HEIGHT LIMIT OF 45 FEET ON THIRD A VENUE BETWEEN E AND G STREETS (ii)(a) RESOLUTION NO. 2008-025, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUBMITTING THE INITIATIVE PETITION REGARDING AMENDMENT TO THE CITY'S GENERAL PLAN ON ALLOW ABLE BUILDING HEIGHTS TO THE VOTERS BY PLACING THE INITIATIVE MEASURE ON THE BALLOT TO BE CONSIDERED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 (b) RESOLUTION NO. 2008-026, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING REQUIRED FUNDS TO PLACE THE INITIATIVE MEASURE REGARDING ALLOWABLE BUILDING HEIGHTS ON THE BALLOT AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008 (4/5TH VOTE REQUIRED) Page 8 - Council Minutes IA - ~ January 22,2008 DRAFT (iii) Refer the initiative measure to any City agency or agencies for a report pursuant to Elections Code section 9212, to be returned to Council within 30 days. Councilmember Castaneda seconded the motion and it carried 5-0. 8. CONSIDERATION OF AMENDMENT TO FISCAL YEAR 2008 BUDGET BY APPROPRIATING FUNDS FOR THE FINAL CALENDAR YEAR OF THE SDG&E ENERGY CONSERVATION GRANT; ESTABLISHING A CLERICAL POSITION AND ENVIRONMENTAL RESOURCE MANAGER POSITION IN THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT; AND TRANSFER GENERAL SERVICES ENERGY CONSERVATION FUNDS TO THE ENERGY CONSERVATION FUND Approval of this request will allow staff to continue a partnership with SDG&E and the California Public Utilities Commission (CPUC) to provide energy services to local residents, businesses and City operations that reduce the amount of natural gas and electricity consumed - programs that reduce ratepayer costs and complement the City's long-standing commitment to the prevention of global warming and the environment. Staff is requesting an appropriation of $731 ,075 for the third calendar year of a three-year Energy Conservation grant from SDG&E. Staff is also requesting to move $392,108 of unused 2007 funding from General Services Energy Conservation Fund to Conservation & Environmental Services, and to re-establish a clerical position in the Conservation & Environmental Services (CES) Department. Re-establishing the position creates no net impact to the General Fund. Staff is working with SDG&E to begin the process of developing program descriptions for the 2009-2011 grant cycle. (Conservation and Environmental Services Director) Conservation and Environmental Services Director Meacham explained the purpose of the grant, and clarified that all proposed staff positions would be fully funded by the grant. Councilmember McCann encouraged staff to focus on the City Facilities Energy Efficiency Project, in order to make positive changes for the environment and decrease the City's energy costs. ACTION: Councilmember Ramirez moved to adopt Resolution No. 2008-027, heading read, text waived. RESOLUTION NO. 2008-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2008 BUDGET TO: 1) APPROPRIATE $731,075 FOR THE FINAL CALENDAR YEAR OF THE SDG&E ENERGY CONSERVATION GRANT, 2) ESTABLISH A CLERICAL POSITION AND ENVIRONMENTAL RESOURCE MANAGER POSITION IN THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT, AND APPROPRIATE FUNDS THEREFORE, AND 3) TRANSFERRING $392,108 FROM GENERAL SERVICES FUND TO THE ENERGY CONSERVATION FUND (4/5THS VOTE REQUIRED) Mayor Cox seconded the motion and it carried 5-0. At 9:45 p.m., Mayor Cox recessed the City Council Meeting to convene the Special Meetings of the Redevelopment Agency and Public Financing Authority. The Council Meeting reconvened at 10:08 p.m. with all Members present. Page 9 - Council Minutes IA-'1 January 22, 2008 DRAFT OTHER BUSINESS 9. CITY MANAGER'S REPORTS There were none. 10. MAYOR'S REPORTS Mayor Cox announced that the Chula Vista Olympic Training Center was adding BMX trials as a third Olympic qualifying event. She then recognized the tremendous volunteerism in the City. She also recognized Mrs. McCann for her role in the "Go Red for Women" organization, and encouraged everyone to wear red on February 1,2008. Mayor Cox announced that the State of the City address would be held on March 18, 2008 at 6:00 p.m., followed by a regular Council Meeting. II. COUNCIL COMMENTS Councilmember Ramirez spoke about the contemplation by the City of sewer rate increases, and he invited any interested members of the public to participate in a tour of the City's sewer infrastructure on January 25, 2008 at 11 :00 a.m. Any interested parties were asked to contact Councilmember Ramirez' office at City Hall. Councilmember Castaneda congratulated the Chamber of Commerce on its recent annual installation dinner, and for 81 years of service to the community. Deputy Mayor Rindone congratulated the Chamber of Commerce on its annual installation dinner; Charles Moore, for his leadership as Chamber President; and looked forward to working with the new President, Laura Valdez. He also attended the recent MMC Energy Inc. hearings, and commented on the excellent responses to a number of technical and community concerns. He then congratulated Richard Chavez and members of Bonita Soccer Association for their successes. Mayor Cox announced that Item 12 would not be discussed. At 10:13 p.m., Mayor Cox convened to Closed Session. CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Daniel Ruiz. et al. v. City of Chula Vista. et al., San Diego Superior Court case No. GIS26710. This item was not discussed and no action was taken. 13. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager No reportable action was taken on this item. Page 10 - Council Minutes IA-IO January 22,2008 ADJOURNMENT DRAFT At 11 :55 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting, February 5, 2008 at 4:00 p.m. in the Council Chambers. Page 11 - Council Minutes ......- Lorraine Bennett, CMC, Deputy City Clerk I A-\ \ January 22,2008 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETINGS OF THE REDEVELOPMENT AGENCY AND PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA January 22, 2008 6:00P.M. An adjourned regular meeting of the City Council and special meetings of the Redevelopment Agency and Public Financing Authority of the City of Chula Vista were called to order at 9:45 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Agency/Authority Members: Castaneda, McCann, Ramirez, Rindone and Mayor/Chair Cox ABSENT: Council/Agency/Authority Members: None ALSO PRESENT: City Manager/Executive Director Garcia, City Attorney/ Agency Counsel Moore, Interim City Clerk Norris, and Deputy City Clerk Bennett CONSENT CALENDAR (Item I) I. A. APPROVAL OF MINUTES of the Redevelopment Agency Special Meetings of April 24, 2007 and May 15, 2007; and Regular Meetings of June 5, 2007, October 16, 2007, December 4, 2007, and December 18, 2007. Staff recommendation: Agency approve the minutes. B. APPROVAL OF MINUTES of the Public Financing Authority of January 16, 2007. Staff recommendation: Authority approve the minutes. ACTION: Council/ Agency/Authority Member McCann moved to approve staff recommendations and offered Items IA and IB, headings read, texts waived. Council/ Agency/Authority Member Ramirez seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. \ ~- \ DRAFT ACTION ITEMS 2. CONSIDERATION OF VARIOUS DEBT REFUNDING OPTIONS TO GENERATE CASH FLOW AND BUDGETARY SAVINGS TO THE GENERAL FUND AS WELL AS ANNUAL DEBT SERVICE SAVINGS TO THE REDEVELOPMENT AGENCY As part of the Fiscal Year 2007/2008 budget balancing process, the Finance Department has been exploring various debt-refunding options, which would generate cash flow and budgetary savings to the General Fund. With the assistance of Harrell & Co. and E. J. De La Rosa, the following debt refunding/restructuring options were identified as providing cash flow relief to the general fund and at the same time generating aunual debt service savings to the Redevelopment Agency. (Finance Director) Council! Agency/Authority Member Rindone stated that he would be abstaining from voting on Item 2, since his property was within 500 feet of all of the items proposed. He then left the dais. Council/Agency/Authority Member Ramirez stated that he would be abstaining from voting on Items 2A, 2B and 2D, due to property that he owns is within 500 feet of the boundaries of the properties proposed. He then left the dais. City Manger/Executive Director Garcia introduced the item, stating that this was the last major component ofthe City's budget balancing efforts. Finance Director Kachadoorian provided a presentation on Financing Goals, Financing Criteria, and bottom line savings, and provided information related to Items 2A, 2B, and 2D. ACTION: B. ChairIMayor Cox moved to adopt Redevelopment Agency Resolution Nos. 2008- 1987, 2008-1988 and Council Resolution No. 2008-029, headings read, texts waived. A. RESOLUTION NO. 2008-1987, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DECLARING THE INTENT TO REFUND THE 2000 TAX ALLOCATION BONDS IF DETERMINED TO BE FINANCIALLY FEASIBLE RESOLUTION NO. 2008-1988, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT WITH E.J. DE LA ROSA & CO. AS UNDERWRITER FOR THE REFUNDING OF THE REDEVELOPMENT AGENCY 2000 TAX ALLOCATION BONDS; WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT WITH HARRELL & COMPANY ADVISORS, LLC TO SERVE AS FINANCIAL ADVISOR; AND AUTHORIZING THE CHAIR TO EXECUTE THE CONTRACTS Page 2 - Jt. CouncilJRDNPFA Agenda Minntes \ B-~ January 22, 2008 DRAFT D. RESOLUTION NO. 2008-029, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO REIJ\.1BURSE EXPENDITURES FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS Council/ Agency/Authority Member Castaneda seconded the motion and it carried 3-0-2, with Council/ Agency/Authority Members Rindone and Ramirez abstaining on Items 2A, 2B and 2D. Council/ Agency/Authority Member Castaneda stated he would be abstaining from voting on Items 2C and 2E, due to property that he owns that lies within 500 feet of the boundaries of the properties proposed. He then left the dais. Council/Agency/Authority Member Ramirez returned to the dais at 10:00 p.m. Finance Director Kachadoorian provided a presentation on Financing Goals, Financing Criteria, and bottom line savings. She also provided information specific to Items 2C and 2E. ACTION: C. Mayor/Chair Cox moved to adopt Council Resolution Nos. 2008-028 and Public Financing Authority Resolution No. 2008-012, headings read, texts waived. RESOLUTION NO. 2008-028, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SUBSTITUTION OF A RESERVE FUND POLICY INTO THE RESERVE FUND FOR THE 2002 CERTIFICATES OF PARTICIPATION (POLICE FACILITY PROJECT) AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH D. This item was heard with Items 2A and 2B. E. RESOLUTION NO. 2008-012, RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SUBSTITUTION OF A RESERVE FUND POLICY INTO THE RESERVE FUND FOR THE 2002 CERTIFICATES OF PARTICIPATION (POLICE FACILITY PROJECT) AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH Council/ Agency/Authority Member McCann seconded the motion and it carried 3-0-2, with Council/Agency/Authority Members Rindone and Castaneda abstaining on Items 2C and 2E. Council/Agency/Authority Members Rindone and Castaneda returned to the dais at 10:07 p.m. Page 3 - Jt. CouncillRDAlPF A Agenda Minutes \S-3 January 22, 2008 DRAFT It was the consensus of the CounciV Agency/ Authority members to suspend any comments under "Other Business" and incorporate them with comments during the Regular City Council Meeting. OTHER BUSINESS 3. CITY MANAGERlDIRECTOR'S REPORTS There were none. 4. MAYOR/CHAIR'S REPORTS There were none. 5. COUNCIL/AGENCY/AUTHORITY MEMBERS' COMMENTS There were none. ADJOURNMENT At 10:07 p.m., Mayor/Chair Cox adjourned the meeting to the Regular Meetings of the City Council and Redevelopment Agency of February 5, 2008, at 4:00 p.m. in the Council Chambers, and the Public Financing Authority to a Special Meeting February 5, 2008 immediately following the City Council and Redevelopment Agency Meetings. --- Lorraine Bennett, CMC, Deputy City Clerk Page 4 - Jt. Council/RDAlPFA Agenda Minutes 16-+ January 22,2008