HomeMy WebLinkAbout2008/11/25 Item 1
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 23, 2008
6:00 P.M.
A Regular meeting of the City Council of the City of Chula Vista was called to order at 6:02
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: Assistant City Manager Tulloch, Interim City Attorney MiesfeId, Interim
City Clerk Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO TI-IE FL.AG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING MR.
JAMES M. GALLIHER AS THE 2008 VETERAN OF THE YEAR
Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Mr. Galliher.
Councilmember McCann congratulated Mr. Galliher and thanked him for his service to the
Country.
CONSENT CALENDAR
(Items] through I])
Items 4 and 6 were removed from the Consent Calendar for discussion by members of the public;
and Items 5, 8, ] 0, and 11, were removed from the Consent Calendar for Council discussion.
Deputy Mayor Rindone stated that he would abstain from voting on the minutes ofJuly 22,2008.
Councilmember Castaneda stated that he would abstain from voting on Items 3 and 4.
1. APPROVAL OF MINUTES of July 22 and July 23, 2008.
Staff recommendation: Council approve the minutes.
2. RESOLUTION NO. 2008-217, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CI-IULA VISTA AMENDING THE APPENDIX TO THE LOCAL
CONFLICT OF INTEREST CODE AND DESIGNATING FILERS FOR PURPOSES
OF ABI234
Page 1 - Council Minutes
September 23, 2008
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DRAFT
CONSENT CALENDAR (Continued)
The Political Reform Act requires every local agency to review its Conflict of Interest
Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended. The proposed Resolution adopts an amended appendix to the City's Conflict
of Interest Code, listing the officials and designated employees of the City who are
required to file periodic statements of economic interest and the disclosure categories
under which each such official and designated employee is required to file. (Interim City
Attorney/Interim City Clerk)
Staff recommendation: Council adopt the resolution.
3.A. RESOLUTION NO. 2008-218, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE CIVIC CENTER LIBRARY CHILLER PLANT TURBOCOR RETROFIT
PROJECT IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. GG202B) TO
EMCOR SERVICES, INC.lMESA ENERGY SYSTEM, INC.
B. RESOLUTION NO. 2008-219, RESOLUTION OF TI-IE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORlZING THE APPROPRIATION OF ANY SDG&E
REBA TE FUNDS AND/OR UNUSED CONTINGENCIES IN THE CIVIC CENTER
LIBRARY CHILLER PLANT TURBOCOR RETROFIT PROJECT (CIP NO. GG202B)
TO CAPlT AL IMPROVEMENT PROJECT NO. GG 195 (4/5THS VOTE REQUIRED)
Since the summer of 2006, the chiller plant at the Civic Center Library has been
experiencing equipment shutdowns and failures on a regular basis. The system was
checked for all the normal problems that could be associated with the alarms and system
shutdovms that were experienced. The chiller plant was identified for an energy upgrade
and retrofit as part of the City of Chula Vista's Phase] Loan agreement with SDG&E
and the California Energy Commission. (City Engineer/Engineering Director)
Staff recommendation: Council adopt the resolutions.
4. Item 4 was removed from the Consent Calendar.
5. Item 5 was removed from the Consent Calendar.
6. Item 6 was removed from the Consent Calendar.
7. RESOLUTION NO. 2008-227, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CI-JULA VISTA ACCEPTING $805,971 FROM THE U.S. DEPARTMENT
OF HOMELAND SECURITY AND APPROPRlA TING SAID FUNDS TO THE
POLICE GRANT FUND FOR OPERA nON STONEGARDEN (4/5TI-1S VOTE
REQUIRED)
Page 2 - Council Minutes
September 23, 2008
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DRAFT
CONSENT CALENDAR (Continued)
Since the events of September] 1, 200], the interception of terrorists and their weapons
attempting entry across the nation's borders has become the priority mission of the U.S.
Depmtment of Homeland Security. Grant funding via "Operation Stonegarden" has been
awarded to the San Diego County region to facilitate regional partnerships and enhance
border enforcement capabilities. In coordination with the U.S. Customs and Border
Protection and grant administration by the County of San Diego, the Police Dep31tment
has been allocated $805,971. (Police Chief)
Staff recommendation: Council adopt the resolution.
8. Item 8 was removed from the Consent Calendar. .
9. RESOLUTION NO. 2008-229, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $623,000 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY FOR THE "OPERATION CRACK DOWN ON ILLEGAL
STREET RACING" PROJECT, ADDING ONE POLICE AGENT TO THE
AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT AND
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
The Police Department has been awarded grant funding from the Califomia Office of
Traffic Safety to positively address the escalating mortality associated with San Diego
illegal street racing involved crashes. "Operation Crack Down on Illegal Street Racing"
is an inter-agency law enforcement task force represented by members from 12 San
Diego law enforcement agencies, with a Police Agent and an hourly/part-time Public
Safety Analyst coordinating the regional efforts. (Police Chief)
Staff recommendation: Council adopt the resolution.
10. Item 10 was removed from the Consent Calendar.
11. Item] 1 was removed from the Consent Calendar.
ACTION:
Mayor Cox moved to approve staffs recommendations and adopt the balance of
the Consent Calendar, Items 1,2,3,7, and 9. Deputy Mayor Rindone seconded the
motion and it carried 5-0, except Item 1 (the minutes of July 22, 2008), which
carried 4-0-1 ,with Deputy Mayor Rindone abstaining, and Item 3, which carried
4-0-1, with Councilmember Castaneda abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. RESOLUTION NO. 2008-220, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE POLICE DEPARTMENT VARIABLE SPEED LOOP PLANT RETROFIT
PROJECT IN THE CITY OF CHULA VISTA, CALIFORNIA (CII' NO. GG202D) TO
ALPHA MECHANICAL SERVICES, INe.
Page 3 - Council Minutes
September 23, 2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
The Police Depmtment facility chiller plant was identified for an energy upgrade and
retrofit as part of the City of Chula Vista's Phase I Loan agreement with SDG&E and the
California Energy Commission. Adoption of the resolution would award a contract to
Alpha Mechanical Services, Inc. to retrofit the chiller plant at the Police Department. It
is anticipated the retrofit will increase energy savings wand will bring the chiller in
conformance with energy savings guidelines and standards. (City Engineer/Engineering
Director)
Staff recommendation: Council adopt the resolution.
Mayor Cox noted that the speaker slip submitted for Item 4 was intended for Item 5.
ACTION:
Mayor Cox moved to approve staffs recommendation and offered Resolution No.
2008-220, heading read, text waived. Deputy Mayor Rindone seconded the
motion and it carried 4-0-1, with Co unci Imember Castaneda abstaining.
5A RESOLUTION NO. 2008-221, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO
ANAL YZE WALKABILITY SURROUNDING ALL PUBLIC ELEMENTARY
SCHOOLS WITHIN TI-IE CITY OF CHULA VISTA EXCEPT ALLEN SCHOOL,
CHULA VISTA HILLS, HALECREST, HILLTOP, LAUDERBACH,
MONTGOMERY, SALT CREEK, AND VISTA SQUARE ELEMENTARY SCHOOLS
B. RESOLUTION NO. 2008-222, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO
ANALYZE W ALKABILITY SURROUNDING LAUD ERBACH AND
MONTGOMERY ELEMENTARY SCHOOLS
C. RESOLUTION NO. 2008-223, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO
ANALYZE WALKABILITY SURROUNDING ALLEN SCHOOL, CHULA VISTA
HILLS, AND SALT CREEK ELEMENTARY SCHOOLS
D. RESOLUTION NO. 2008-224, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CI-IULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO
ANALYZE WALKABILITY SURROUNDING HILLTOP AND VISTA SQUARE
ELEMENTARY SCHOOLS
E. RESOLUTION NO. 2008-225, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND WALKSANDIEGO IN THE AMOUNT OF $194,310 TO
ANALYZE WALKABILITY SURROUNDING HALECREST ELEMENTARY
SCHOOL
Page 4 - Council Minutes
September 23, 2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
In 2006, City staff applied for a Community-Based Transportation Planning Grant to
fund 36 walking audits around elementary schools within the City. The walking audits
would gather resident opinions and desires for pedestrian-related improvements within
their neighborhoods and would be facilitated by WalkSanDiego, a local grassroots, non-
profit organization focused on improving walkability throughout the region. (City
Engineer/Engineering Director)
Staffrecommendation: Council adopt the resolutions.
It was noted that Council members would abstain from voting on the following items:
Councilmember Ramirez - Item 5B, Council member McCann - Item 5C, Councilmember
Castaneda - Item 5D, and Mayor Cox - Item 5E.
Kevin O'Neill!, Chula Vista resident, spoke in opposition to expenditure of the funds for a walk-
ability study, stating that it was a waste of money with no positive results.
City Engineer Hopkins clarified that the proposed study was largely the result of public outcry
about inadequate infrastructure and associated safety concerns. He explained that the goal of the
project was to quantify and identify the greatest needs for walkability and to secure the grants.
ACTION:
Councilmember Castaneda moved to approve staff's recommendation and offered
Resolution No. 2008-221, heading read, text read. Councilmember Ramirez
seconded the motion and it carried 5-0.
Councilmember Castaneda requested clarification from staff about the Decision Maker Conflict
portion of the staff reports, and he proposed that the matter be scheduled for discussion at a
future Council Meeting to ensure accuracy about the location of Council members' property.
ACTION:
ACTION:
ACTION:
ACTION:
Councilmember McCann moved to approve staffs recommendation and offered
Resolution No. 2008-222, heading read, text waived. Councilmember Castaneda
seconded the motion and it carried 4-0-1, with Councilmember Ramirez
abstaining.
Deputy Mayor Rindone moved to approve staffs recommendation and offered
Resolution No. 2008-223, heading read, text waived. Councilmember Castaneda
seconded the motion and it carried 4-0-1, with Councilmember McCann
abstaining.
Deputy Mayor Rindone moved to approve staff's recommendation and offered
Resolution No. 2008-224, heading read, text waived. Councilmember Ramirez
seconded the motion and it carried 4-0-1, with Councihnember Castaneda
abstaining.
Conncilmember Castaneda moved to approve staff's recommendation and offered
Resolution No. 2008-225, heading read, text waived. Councilmember McCann
seconded the motion and it carried 4-0-1, with Mayor Cox abstaining.
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September 23, 2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
6. RESOLUT10N NO. 2008-226, RESOLUTION OF THE CJTY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF PRINTER TONER
CARTRIDGES FROM CORPORATE EXPRESS IMAGING AND COMPUTER
GRAPHIC SUPPLIES AND SERVICE AND THE PURCHASE OF SERVICE AND
MAINTENANCE OF CITY PRINTERS FROM MWB BUSINESS SYSTEMS IN
ACCORDANCE WITH TERMS AND CONDJTIONS OF CITY OF CHULA VISTA
REQUEST FOR PROPOSAL 12-07/08REVl FOR A ONE-YEAR TERM BEGINNING
OCTOBER I, 2008 AND ENDING SEPTEMBER 30, 2009, AND AUTHORIZING
THE PURCHASING AGENT TO APPROVE F1VE ONE-YEAR EXTENSIONS OF
THE TERM THROUGH SEPTEMBER 30, 2014
A request for proposal for printer toner cartridges and service and maintenance of printers
was advertised and posted electronically. The objective was to contract with vendors
who could provide quality customer service and the best competitive pricing. Adoption
of the resolution authorizes the award of the printer toner cartridge contract to Corporate
Express, and the service and maintenance of printers to MWB Business Systems.
(Finance Director)
Staff recommendation: Council adopt the resolution.
Bob Thomas, Chula Vista resident, asked the Council to ensure that bids awarded were the best
value for the City, not just the lowest bid, including costs incurred when lowest bid awardees
went out of business. He also cautioned the Council about entering into long-teml contracts.
Purchasing Agent Brooks responded to the comments by Mr. Thomas, stating that the proposed
contract would be in the best interests of the City. She stated that the City has had a long-term
relationship with the proposed contract awardees. She further clarified that the contract would
be for one year, with firm pricing, and would include the option to renew for five one-year
periods.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and offered
Resolution No. 2008-226, heading read, text waived. Councilmember Ramirez
seconded the motion and it carried 5-0.
8. RESOLUTION NO. 2008-228, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $525,000 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE DUI PROSECUTION AND AWARENESS PROGRAM
(4/5THS VOTE REQUIRED)
The Police Department has been awarded grant funding from the Califomia Office of
Traffic Safety to develop a program focused on thc vertical prosecution of traffic related
cases including DUI offenders, hit and run collisions and injury/fatal collisions. This
program will also involve a regional collaboration of local agencies conducting
DUl/driver license checkpoints and saturation patrols with the goal of reducing the
number of alcohol-involved collisions in the South Bay region. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 6 - Council Minutes
September 23, 2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Councilmember Ramirez spoke about a portion of the grant funding that would go towards
prosecutor fees, and asked staff whether or not prosecutor fees should be the responsibility of the
District Attorney's OHice. Police Chief Emerson responded that in this particular case, the City
was partnering with the District Attorney's Office to ensure prosecution at a higher level.
Furthermore, he stated the grant would include overtime for Police Department employees who
work DUI enforcement.
ACTION:
Councilmember Ramirez moved to approve staffs recommendation and offered
Resolution No. 2008-228, heading read, text waived. Councilmember McCann
second cd the motion and it carried 5-0.
10. A RESOLUTION NO. 2008-230, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR
THE PROVISION OF AFTER-SCHOOL RECREATIONAL PROGRAMMING
B. RESOLUTION NO. 2008-231, RESOLUTION OF nIE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL
FOR THE PROVISION OF BEFORE-SCHOOL AND AFTER-SCHOOL
RECREA TIONAL PROGRAMMING
Two middle schools in the Sweetwater Union High School District have awarded
contracts to the City of Chula Vista for the provision of before and after-school
recreational programming. Hilltop Middle School and Chula Vista Middle School will
provide the sites and funding for the program. Adoption of the resolutions approves the
Memorandunls of Understanding between the City and the schools. (Recreation
Director)
Staff recommendation: Council adopt the resolutions.
Deputy Mayor Rindone requested that prior to the matter being brought forward to the Council
next year, staff work with the Sweetwater Union High School District (SWUHSD) to seek
ftmding that would reinstate the before- and after-school recreational programming for all six
schools in the district. Recreation Director Martin responded that staff was working closely with
the SWUHSD to seek additional funding to re-instate the program for all six schools.
ACTION:
Deputy Mayor Rindone moved to approve staffs reconmlendation and offered
Resolution Nos. 2008-230 and 2008-231, headings read, text waived.
Councilmember Ramirez seconded the motion and it carried 4-0-1, with
Councilmember Castaneda abstaining.
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September 23,2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
11.
RESOLUTION NO. 2008-232, RESOLUTION OF THE CJTY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE RELEASE OF
CERTAIN DOCUMENTS RELATING TO TI-IE PAYMENT OF
COUNCILMEMBER CASTANEDA'S LEGAL FEES AND WAIVING THE
EVIDENTIARY PRIVILEGES AND GOVERNMENT CODE PROTECTIONS
ATTACHED TO THOSE DOCUMENTS
At the September 16, 2008 City Council meeting, Councilmember Ramirez requested
that staff agendize an item to discuss the payment of legal fees for Councilmember
Castaneda. This item has been prepared in response to that request. By adopting the
resolution, Council would authorize the release of certain memoranda prepared in
connection with the payment of Councilmember Castaneda's legal fees and waive the
evidentiary privileges and Government Code protections attached to those documents.
(Interim City Attorney)
Staff recommendation: Council take action as it deems appropriate.
Scott Vinson, Chula Vista resident, expressed concern over the City paying for Councilmember
Castaneda's legal fees, and questioned why the Councilmember did not pay his legal fees from
campaign funds or his personal money.
Mark Croshier, Chula Vista resident,
Councilmember Castaneda's legal fees.
accountable for payment of the fees.
stated that the taxpayers should not have to pay
He suggested that the Public Defenders' office be
Juan Gonzalez, Chula Vista resident, thanked the Council for placing the matter of
Councilmember Castaneda's legal fees on the agenda for public discussion. He stated that the
$194,000 expenditure could have gone a long way in improvement projects for the City.
Paula Whitsell, Chula Vista resident, spoke in opposition to the City's payment of
Councilmember Castaneda's legal fees, stating that the matter was conducted without input from
the taxpayers, and that it appeared that the City was not working for the good of the people. She
asked the Council to pay the money. back to the taxpayers.
Michael Gorski, Chula Vista resident, spoke in opposition to the City's payment of
Councilmember Castaneda's legal fees. I-Ie stated that legal fees were not related to the duties of
a Councilmember.
Gabriel Gutierrez, Chula Vista resident, spoke in opposition to the expenditure of public funds
for payment of Councilmember Castaneda's legal fees. She stated that decisions to use public
funds should be made in public.
Steven Zamora, Chula Vista resident, spoke in opposition to the use of City tax dollars for
Councilmember Castaneda's legal fees, and requested that the Council release the. related
documents and reconsider its decision to pay the fees.
Page 8 - Council Minutes
September 23, 2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Jim Pennington, Chula Vista resident, asked that the Council not reopcn the issue of paying
Council member Castaneda's legal fees, since his legal fees were paid in accordance with law and
City policy. He stated that it was time for the City to address more impoliant City matters, and
asked the Council to put the matter to rest.
Peter Watry, Chula Vista resident, stated that the District Attorney's Office ought to pay for
Councilmember Castaneda's legal fees.
Reiner Leal, Chula Vista resident, spoke in opposition to the City's payment of Councilmember
Castaneda's legal fees, and asked the Council to have Councilmember Castaneda pay his own
legal fees.
Kevin O'Neill, Chula Vista resident, asked that the Council place the matter on the next Council
agenda in order to provide him the opportunity to review the documents and speak to the issue.
John Moot, Chula Vista resident, spoke about the laws associated with what would constitute
discussion of matters in Closed Session, and to that end, stated that it was not appropriate for the
matter of Councilmember Castaneda's legal fees to bc discussed in Closed Session. He stated
that the only proper way to address the matter would be to hold a public hearing.
Patricia Aguilar, Chula Vista resident, stated that the right thing to do was to have the City
release the documents related to the Council's decision for payment of Councilmember
Castaneda's legal fees. She spoke in support of the proposed resolution and further, to have staff
prepare an additional resolution to force the District Attorney's Office to pay for the legal fees to
reimburse the City.
Jerry Scott, Chula Vista resident, stated that the matter of Council member Castaneda's legal fees
should not be an issue since he was found not guilty.
Jose Preciado, Chula Vista resident stated that Councilmember Castaneda was found innocent,
and it was important for the citizens to be supportive and respectful of elected officers even if
they did not agree. He spoke of the need to move forward as a united City, and he thanked
Councilmember Castaneda for his service to the City.
Councilmember Castaneda left the dais at this time.
Councilmember Ranlirez spoke in support of bringing the matter forward before the public, and
to focus on all the City's legal expenses, not just the legal fees for Councilmember Castaneda.
ACTION:
Councilmember Ramirez moved to draft a resolution, requesting on behalf of the
City Council of the City of Chula Vista, that the District Attorney's Office
reimburse the Chula Vista citizens for its activities and persecution of the people
of Chula Vista since the commencement of its activities with the Public Integrity
Unit.
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September 23, 2008
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Cantinued)
Interim City Attarney Miesfeld stated that the request and mati an by Co. unci 1m ember Ramirez
cauld nat be discussed at this time, and that it would need to. be placed an an agenda far a future
Cauncil Meeting far discussian by the Cauncil.
Cauncilmember Ramirez rcquested that staff place an the next Cauncil agenda, a request to. the
District Attarney's Office to. reimburse the City af Chula Vista for the Public Integrity Unit
activities in the City.
ACTION:
Cauncilmember Ramirez maved to. adopt Resalutian No.. 2008-232, heading read,
text waived. Cauncilmember McCann secanded the mati an.
Interim City Attarney Miesfeld clarified that adaptian afthe propased resalutian wauld include
the release af the fallawing three separate memorandums: 1) Letter to. the Cauncil from Intcrim
City Attarney Miesfeld, dated July 15, 2008 regarding Cauncilmember Castaneda's farmal
request far payment af legal fees; 2) Letter to. Interim City Attarney Miesfcld, from Steven B.
Quintanilla, Special Caunsel, Green, de Bartnawsky & Quintanilla, LLP, dated July 8, 2008
regarding reimbursement af attarneys fees and ather legal casts, and; 3) Letter to. Interim City
Attarney Miesfeld, from James P. Laugh, Special Caunsel, dated August 8, 2008, regarding
Castaneda attarney fee issue. Mr. Miesfeld added that Special Caunsel Steven Quintani]]a was
present at the meeting to. address any questians.
Cauncilmember McCann requested that Mr. Quintanilla provide his statements to. the Cauncil.
Mr. Quintanilla recammended that since his camments wauld caver the three referenced
memarandums, Cauncil shauld first cansider adaptian af the prapased resalutian to. waive the
privilege far the three memarandums.
ACTION: Cauncilmember McCann called far the vate.
Deputy City Attarney Maland further clarified that the prapased resalutian identified two. af the
referenced memarandums, but did nat identify the third memarandum dated August 8, 2008
from James P. Laugh, regarding procedural matters, and shauld therefare be made part af the
mati an, shauld the Cauncil chaase to. do. sa.
ACTION:
Cauncilmember Ramirez maved to. adapt Resalutian No.. 2008-232, amcnded to.
include the memarandum fram James. P. Laugh, dated August 8, 2008 regarding
procedural matters. Cauncilmember McCann secandcd the matian and it carried
4-0-1, with Cauncilmember Castaneda abstaining.
Special Caunsel Quintanilla addressed the issue af whether or nat it was appropriate far the
Cauncil to. discuss the matter in Clased Sessian, stating that it was very clear in this case, that it
was appropriate and legal far the Cauncil to. cansider the matter in Clased Sessian as a patential
litigatian item. He statcd that based upan the City Charter, the City had a duty to. provide far the
defense af any City Official who. was charged with a crime, or being sued civilly in a mattcr that
invalved their affice. I-Ie further explained the findings that wauld pennit the City to. pay legal
fees incurred by a City Official, as stated in Gavernment Cade Sectian 995.8.
Page 10 - Council Minutes
September 23, 2008
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DRAFT
ITEMS REMOVED FROM CONSENT CALENDAR (Continued)
At 8:27 p.m., Mayor Cox announced a recess of the Council meeting. The meeting reconvened
at 8:53 p.m. with all members present.
PUBLIC COMMENTS
The following members of the public spoke 111 support of the proposed MMC Peaker Power
Plant:
Javier Saunders, San Diego resident, representing the Mexican American Business
Professional Association
Jim Biddle, Chula Vista resident
Robert Bm'boa, Chula Vista resident
Juan Diaz, San Diego resident, did not speak but submitted a public comment card in support of
the MMC Peaker Power Plant.
The following members of the public spoke in opposition to the MMC Peaker Power Plant:
Theresa Acerro, Chula Vista resident, representing Southwest Chula Vista Civic
Association
Diana Vera, Chula Vista resident
Guillemlo Lopez, Chula Vista resident
Hugo Ivan Salazar, Chula Vista resident, representing Communities Taking Action
Steven Pavka, Chula Vista resident
Ted Kennedy spoke with respect to Item 7 on the agenda, and about the recent alleged misuse of
"Operation Stonegarden" grant funding by Otero County. He recommended that the City closely
monitor how its portion of the grant funding allocation by the U.S. Department of Homeland
Security would be used. He then spoke about the proposed MMC Peaker Plant, stating that
residents who reside within 1,000 feet of the plant would be most negatively impacted by
pollutants.
Councilmember Ramirez requested that the Police Chief schedule a meeting with both he and
Mr. Kennedy, for clarification about the Operation Stonegarden grant funding.
Kevin O'Neill, Chula Vista resident, clarified his recent statement before the California Energy
Conmlission about the MMC Peaker Power Plant, stating that he co-owned a piece of property
that would allow the plant by right, and that he was in favor of citing a repowered plant at that
location, and was speaking against his own economic self interest. With respect to the selection
process for a new City Manager, Mr. O'Neill asked the Council not to rush to the selection, to
find the right person with a fresh set of eyes, and someone who was not immersed in the City's
politics.
OTHER BUSfNESS
12. CITY MANAGER'S REPORTS
Assistant City Manager Tulloch announced that the heater problem at Loma Verde Pool was
resolved, and the pool was ready for immediate use. He also announced that there would be no
Council Workshop scheduled for October 2, 2008, since the Califomia Energy Commission
evidentiary hearing was scheduled for that date, commencing at 10:00 a.m. and expected to
conclude after 8:00 p.m.
Page II - Council Minutes
September 23, 2008
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DRAFT
OTHER BUSINESS (Continued)
13. MAYOR'S REPORTS
A. Ratification of the appointment of Charlene Tressler to the Child Care Commission.
B. Ratification of appointment of Keith Blum to the Veterans Advisory Commission.
C. Ratification of the appointment of David Garza to the Youth Action Council.
ACTION:
Mayor Cox moved to ratify the threc appointments. Deputy Mayor Rindone
seconded the motion and it carried 5-0.
Councilmember McCann requested that commissioner applications be included in the Council
packets. Further discussion ensued between the Council and statf about whether or not personal
infornlation would need to be redacted from the applications. Interim City Attorney Miesfeld
responded that the City Attorney's Office would provide the Council with an information
memorandum with suggestions on the matter from a legal standpoint.
Mayor Cox reminded everyone that there would be no Council Meeting on September 30, 2008.
She also stated that Beautify Chula Vista was scheduled for October 4, 2008 at Otay Park,
commencing at 8:00 a.m., with online registration at www.beautifychulavista.org, and that
Christmas In October was scheduled for October 11,2008.
] 4. COUNCIL COMMENTS
Councilmember Ramirez talked about his recent Public Office Hours meeting to discuss issues
related to traffic near Southwestern Community College. He thanked Deputy Mayor Rindone
and other City staff for their attendance and input at the meeting.
Councilmember Castaneda spoke in support of Council member Ramirez's referral to the City
Attorney, that the City disclose all legal fees that had been paid by the City and its taxpayers, and
why they had been paid, and that the matter be agendized as soon as possible. He spoke in
support of the decision by the Council to waive confidentiality of documents relating to paymcnt
of his legal fees. He then spoke about his interest to ensure that the City had full disclosure of
the documents and all of the issues surrounding all investigations, grand juries, prosecutions or
threatened prosecutions by the District Attorney's Office, that had cost the taxpayers hundreds of
thousands of dollars, and he was hopeful that the community would support Council's review of
the documents.
Councilmember McCann thanked Mr. Galliher for his dedicated serVIce, and he thanked the
Veterans Commission for nominating and supporting Mr. Galliher.
Deputy Mayor Rindone congratulated and recognized Mr. Galliher for his dedicated service, and
recognized all the veterans who have made a difference.
Page 12 - Council Minutes
Seplember 23, 2008
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DRAfT
OTHER BUSINESS (Continued)
Deputy Mayor Rindone congratulated the Chula Vista Rotary Club on its recent fundraiser event
at the Otay Ranch Town Center. He also spoke about his participation at a community meeting
regarding access through the rear gate at Southwestern College by students, due to the
construction in the area. He expressed appreciation to Dr. Chopra who provided a guarantee that
the gate would be closed on or before October 15th and would eliminate a lot of associated
traffic issues in the neighborhood. He recognized Councilmember Ramirez for arranging the
comnlunity J11eeting.
The Council convened in Closed Session at 9:35 p.m.
CLOSED SESSION
IS. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: City Clerk
No reportable action was taken on this item.
16. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: City Manager
ACT-ION:
Deputy Mayor Rindone moved to appoint Assistant City Manager Scott Tulloch
to Interim City Manager. Councilmember McCann seconded the motion and it
carried 5-0.
ACTION:
Councilmember Ramirez moved to adjust the Assistant City Manager's annual
salary upward by 5 percent while he performs the duties as Interim City Manager.
Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor
Cox and Deputy Mayor Rindone opposed..
ACTION:
Councilmember McCann moved to begin the search for a permanent City
Manager pursuant to the following schedule:
September 24, 2008 - Human Resources Director to e-mail the City
Council the posting used to recruit the former City Manager for review.
September 25, 2008 - Human Resources Director to post advertisement
for City Manager.
September 30, 2008 - Special Meeting of thc City Council to obtain
public input regarding City Manager recruitment; Closed Session:
Evaluation of Interim Citv Manager.
October 7, 2008 - Closed Sessi;n: City Council evaluation of candidate
applications for City Manager.
Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor
Cox and Deputy Mayor Rindone opposed.
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September 23, 2008
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DRAFT
CLOSED SESSION (Continued)
17. CONFERENCE WlTH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LlTlGA TION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Three cases
Case No. I: No reportable action was taken.
Case No.2:
ACTION: Councilmember Castaneda moved to reject fonner City Manager's
demand of a one-time $195,000 payment from the City to the former City
Manager. Councilmember McCann seconded the motion and it carried
3-2, with Mayor Cox and Deputy Mayor Rindone opposed.
Case No.3: The item was removed from the agenda.
18. CONFERENCE WlTH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Deanna Mory, et a!. v. City of Chula Vista, ct a!., United States District Court,
Case No. 06 CV 1460 JAJ-l(BLM)
B. Deanna Mary, et a!. v. City ofChula Vista, et a!., United States District Court,
Case No. 07-CV-0462 JLS (BLM)
No rep0l1able action was taken on this item.
ADJOURNMENT
At 1: 16 a.m., Mayor Cox adjourned the meeting to the next Regular Meeting of October 7, 2008
at 4:00 p.m. in the Council Chambers.
.....
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Lorraine Bennett, CMC, Deputy City Clerk
Page 14 - Council Minutes
September 23, 2008
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