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HomeMy WebLinkAbout2009/01/06 Item 1 DR ,-:\FT 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 Miesfeld, 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 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. CONSENT CALENDAR (Items 1 through 11) Items 4 and 6 were removed from the Consent Calendar for discussion by members of the public; and Items 5, 8, 10, and II, were removed from the Consent Calendar for Council discussion. Deputy Mayor Rindone stated that he would abstain from voting on the minutes of July 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 CHULA VISTA AMENDING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE AND DESIGNATING FILERS FOR PURPOSES OF ABI234 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. Page 1 - Council Minutes lA-I September 23, 2008 DRAFT CONSENT CALENDAR (Continued) 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./MESA ENERGY SYSTEM, INC. B. RESOLUTION NO. 2008-219, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF ANY SDG&E REBATE FUNDS AND/OR UNUSED CONTINGENCIES IN THE CIVIC CENTER LIBRARY CHILLER PLANT TURBOCOR RETROFIT PROJECT (CIP NO. GG202B) TO CAPITAL IMPROVEMENT PROJECT NO. GGl95 (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 shutdowns that were experienced. The chiller plant was identified for an energy upgrade and retrofit as part of the City of Chula Vista's Phase 1 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 CHULA VISTA ACCEPTING $805,971 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR OPERATION STONEGARDEN (4/5THS VOTE REQUIRED) Since the events of September 11, 2001, the interception of terrorists and their weapons attempting entry across the nation's borders has become the priority mission of the U.S. Department 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 Department has been allocated $805,971. (Police Chief) Staffrecommendation: Council adopt the resolution. 8. Item 8 was removed from the Consent Calendar. Page 2 - Council Minutes IA -2- September 23. 2008 DRAFT CONSENT CALENDAR (Continued) 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 California 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. II. Item II 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 I (the minutes of July 22, 2008), which carried 4-0-I,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 (CIP NO. GG202D) TO ALPHA MECHANICAL SERVICES, INe. The Police Department facility chiller plant was identified for an energy upgrade and retrofit as part of the City ofChula 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 Councilmember Castaneda abstaining. Page 3 - Council Minutes (A-3 September 23, 2008 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 5. A. 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 ANALYZE WALKABILITY SURROUNDING ALL PUBLIC ELEMENTARY SCHOOLS WITHIN THE 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 WALKABILITY SURROUNDING LAUDERBACH 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 CHULA 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 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) Staff recommendation: Council adopt the resolutions. It was noted that due to the proximity of the project to properties owned by Councilmembers, they would abstain from voting as follows: Councilmember Ramirez - Item 5B, Councilmember 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. Page 4 - Council Minutes {A -4- September 23, 2008 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) DRAFT 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 staffs 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 Councilmembers' properties. 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 staffs recommendation and offered Resolution No. 2008-224, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Councilmember Castaneda moved to approve staffs 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. 6. RESOLUTION NO. 2008-226, RESOLUTION OF THE CITY 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 CONDITIONS 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 FIVE 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. Page 5 - Council Minutes 114-5 September 23, 2008 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 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-term 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 staff's 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 California Office of Traffic Safety to develop a program focused on the 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 DUI/driver license checkpoints and saturation patrols with the goal of reducing the number of alcohol-involved collisions in the South Bay region. (Police Chief) Staffrecommendation: Council adopt the resolution. 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 Office. 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 staff's recommendation and offered Resolution No. 2008-228, heading read, text waived. Councilmember McCann seconded 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 Page 6 - Council Minutes [A-b September 23, 2008 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2008-231, RESOLUTION OF THE 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 RECREATIONAL 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 Memorandums 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 funding to 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 district to seek additional funding to re-instate the program for all six schools. ACTION: Deputy Mayor Rindone moved to approve staff's recommendation 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. II. RESOLUTION NO. 2008-232, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RELEASE OF CERTAIN DOCUMENTS RELATING TO THE 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. Page 7 - Council Minutes IA-~ 7 September 23, 2008 DR AFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 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, stated that taxpayers should not have to pay Councilmember Castaneda's legal fees. He suggested that the Public Defender's office be accountable for payment of the fees. Juan Gonzalez, Chula Vista resident, stated that the $194,000 expenditure for Councilmember Castaneda's legal fees 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 Castneda's legal fees. He 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. Jim Pennington, Chula Vista resident, asked that the Council not reopen the issue of paying Councilmember Castaneda's legal fees, since his legal fees were paid in accordance with law and City policy. 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 the public the opportunity to review the documents and speak to the Issue. Page 8 - Council Minutes IA-? September 23, 2008 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) John Moot, Chula Vista resident, stated that it was not appropriate for the matter of Councilmember Castaneda's legal fees to be 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, spoke in favor of releasing the documents related to the Council's decision for payment of Council member Castaneda's legal fees. She spoke in support of the proposed resolution and suggested that staff prepare a resolution to force the District Attorney's Office to reimburse the City for legal fees. Jerry Scott, Chula Vista resident, stated that the matter of Councilmember 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 nnited City, and he thanked Councilmember Castaneda for his service to the City. Councilmember Castaneda left the dais at this time. 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 persecution of the people of Chula Vista since the commencement of its activities with the Public Integrity Unit. Interim City Attorney Miesfeld stated that the motion by Councilmember Ramirez could not be discussed at this time, and that it would need to be placed on an agenda for a future Council Meeting for discussion by the Council. Councilmember Ramirez requested that staff place on the next Council agenda, a request to the District Attorney's office to reimburse the City of Chula Vista for the Public Integrity Unit's activities in the City. ACTION: Councilmember Ramirez moved to adopt Resolution No. 2008-232, heading read, text waived. Councilmember McCann seconded the motion. Interim City Attorney Miesfeld clarified that adoption of the resolution would approve the release of the following three separate memorandums: 1) Letter to the Council from Interim City Attorney Miesfeld, dated July 15, 2008 regarding Councilmember Castaneda's formal request for payment of legal fees; 2) Letter to Interim City Attorney Miesfeld, from Steven B. Quintanilla, Special Counsel, Green, de Bortnowsky & Quintanilla, LLP, dated July 8, 2008 regarding reimbursement of attorneys fees and other legal costs, and; 3) Letter to Interim City Attorney Miesfeld, from James P. Lough, Special Counsel, dated August 8, 2008, regarding the Castaneda attorney fee issue. Mr. Miesfeld added that Special Counsel Steven Quintanilla was present at the meeting to address any questions. Councilmember McCann requested that Mr. Quintanilla provide his opinion to the Council. Page 9 - Council Minutes {A-C( September 23, 2008 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Mr. Quintanilla recommended that since his comments would cover the three referenced memorandums, Council should first consider adoption of the resolution to waive the confidentiality privilege for the three memorandums. ACTION: Councilmember McCann called for the vote. Deputy City Attorney Maland further clarified that the proposed resolution identified two of the referenced memorandums, but did not identify the third memorandum dated August 8, 2008 from James P. Lough, regarding procedural matters, and should therefore be made part of the motion, should the Council choose to include it. ACTION: Councilmember Ramirez moved to adopt Resolution No. 2008-232, amended to include the memorandum from James. P. Lough, dated August 8, 2008 regarding procedural matters. Councilmember McCann seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Special Counsel Quintanilla addressed the issue of whether or not it was appropriate for the Council to discuss the payment of Councilmember Castaneda's legal fees in Closed Session, stating that it was very clear in this case, that it was appropriate and legal for the Council to consider the matter in Closed Session as a potential litigation item. He stated that based upon the City Charter, the City had a duty to provide for the defense of any City official who was charged with a crime, or being sued civilly in a matter that involved their office. He further explained the findings that would permit the City to pay legal fees incurred by a City official, as provided for in Government Code Section 995.8. 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 in 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 Borboa, 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 Guillermo Lopez, Chula Vista resident Hugo Ivan Salazar, Chula Vista resident, representing Communities Taking Action Steven Pavka, Chula Vista resident Page 10 - Council Minutes September 23, 2008 /A~/O DR AFT PUBLIC COMMENTS (Continued) 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 a recent statement he made before the California Energy Commission 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 siting a re-powered plant at that location, and was speaking against his own economic 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 BUSINESS 12. CITY MANAGER'S REPORTS Assistant City Manager Tulloch announced that the heater problem at Lorna 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 California Energy Commission evidentiary hearing was scheduled for that date, commencing at 10:00 a.m. and expected to conclude after 8:00 p.m. 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 three appointments. Deputy Mayor Rindone seconded the motion and it carried 5-0. Councilmember McCann requested that commission applications be included in the Council packets. Further discussion ensued regarding whether or not personal information 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. Page 11 - Council Minutes September 23, 2008 (A-(/ DRf"FT OTHER BUSINESS (Continued) 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. 14. 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 Councilmember 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 payment 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, which had cost the taxpayers hundreds of thousands of dollars, and he was hopeful that the community would support Council's review ofthe 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. 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 community meeting. The Council convened in Closed Session at 9:35 p.m. CLOSED SESSION 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Clerk No reportable action was taken on this item. Page 12 - Council Minutes September 23, 2008 iA-I1-- DRAFT CLOSED SESSION (Continued) 16. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager ACTION: Deputy Mayor Rindone moved to appoint Assistant City Manager Scott Tulloch as 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 five percent while he performs the duties of 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 the City Council to obtain public input regarding City Manager recruitment; Closed Session: Evaluation of Interim City Manager. October 7, 2008 - Closed Session: 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. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION 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 former City Manager Garcia'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. Page 13 - Council Minutes September 23, 2008 {A - 13 DRAFT CLOSED SESSION (Continued) 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Deanna Mary, et aI. v. City of Chula Vista, et aI., United States District Court, Case No. 06 CV 1460 JAH(BLM) B. Deanna Mory, et aI. v. City of Chula Vista, et aI., United States District Court, Case No. 07-CV-0462 JLS (BLM) No reportable action was taken on these items. 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. ~ .-------Lorraine Bennett, CMC, Deputy City Clerk ?J Page 14 - Council Minutes {A-ILf September 23, 2008 DRAFT DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 30, 2008 4:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:02 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: None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE ACTION ITEM I. PUBLIC INPUT REGARDING DESIRED CHARACTERISTICS FOR THE POSITION OF CITY MANAGER Mayor Cox introduced and recognized recently appointed Interim City Manager, Scott Tulloch. Mayor Cox provided her opinion on the recruitment process for appointment of a City Manager, stating it would be irresponsible for the Council to accelerate a recruitment of the City's top administrator without performing a thorough search for a City Manager. She spoke of the need to restore credibility to the process of selecting a qualified candidate for City Manager. Deputy Mayor Rindone spoke in support of the comments by Mayor Cox, and stated the need for a transparent process. He asked that the Council permit an expedited but not truncated process to seek a qualified, experienced City Manager with city government experience. Councilmember Castaneda stated that the City could not afford a headhunter for the City Manager recruitment process, and he believed that City staff possessed the expertise to perform the recruitment. He then requested public input on the matter. Councilmember Ramirez spoke in support of administering the City Manager recruitment process in-house. He stated that he was confident of his ability to judge the applicants' qualifications, and that it was his duty and responsibility as a Councilmember to make the best possible selection for the City. Jim Biddle, Chula Vista resident, was opposed to any rush decision by the Council for selection of a City Manager. Page 1 - Special Council Meeting September 30, 2008 {B-1 DRAFT DRAFT ACTION ITEM (Continued) Chris Lewis, Bonita resident, spoke of the need for candidates for City Manager to have leadership qualities, the ability to build and sustain consensus among all players in every situation, and to be of spotless moral character. He asked the Council to take its time with the selection process, and he did not see the necessity for a decision prior to the upcoming elections. He stated that expediting the hiring process would leave questions in the minds of the public. Larry Breitfelder, Chula Vista resident, spoke in support of giving the Council the benefit of the doubt in its selection of a City Manager. Kevin O'Neill, Chula Vista resident, spoke in opposition to hiring local talent for City Manager. He stated that the qualities of a City Manager should include professionalism, and to be independent of the Council. He stated that it was unnecessary to hire a new City Manager immediately or in a precipitous manner, and to consider a candidate who would not be tainted. Theresa Acerro, Chula Vista resident, spoke of the need for a City Manager who would uphold the City's Mission Statement, create consensus in the community, be respectful of the citizens, have values, have the courage to stand up for all communities, hold policies and goals in high regard, and insist on enforcement against heavy industrial uses in light industrial zones. Carlos F. Lopez, Chula Vista resident, representing Communities Taking Action, spoke of the need for a City Manager who would look at the City as a whole. He stated that the City Manager and City Council's failure to assist the children on the south side of the City had left him with no alternative but to serve a recall on Mayor Cox and Councilmember McCann. Diana Vera stated that Mr. Lopez had spoken on her behalf. Ted Kennedy, Chula Vista resident, submitted to the Council, copies of the International City/County Management Association (ICMA) Code of Ethics, and he asked the Council to study the process of hiring a City Manager and get it right. Scott Vinson, Chula Vista resident, questioned the rush to hire a City Manager. He stated that the qualities of a City Manager would include the ability to balance and re-balance a budget, and knowledge about redevelopment and labor negotiations. He questioned the relationship that a local-hire would have on the current City staff, contractors and developers in a rapidly changing economy and current budget crisis. Diego Vargas, Chula Vista resident, spoke of a City Manager who would be a leader, promote accountability and continuous improvements. He stated that the hiring process should not be rushed, but the decision should not be delayed until after the November election. David Krogh, Chula Vista resident, stated that the qualities of a City Manager would include competency, professionalism, impartiality, and possess prior City Manager experience. Given the general state of the economy, the City budget, and the Council, he suggested consideration by the Council to appoint Interim City Manager Tulloch as Acting City Manager until such time that the Council could arrive at a unanimous selection of a City Manager. Page 2 - Special Council Meeting September 30, 2008 iB-2- DRAFT DP ~,FT ACTION ITEM (Continued) Discussion ensued among the Council about the process and timeline for hiring a City Manager, and the types of qualities to look for. Mayor Cox stated that the Interim City Manager would have all the authority of a City Manager, and decisions to be made would be brought before the Council in accordance with the City Charter. She assured the community and those who did business with the City, that no break in the current policy of the City was anticipated, and that the Council looked forward to working with Interim City Manager Tulloch until a new City Manager was selected. OTHER BUSINESS 2. CITY MANAGER'S REPORTS Interim City Manager Tulloch noted two items on the dais, the Pay and Display parking meters flyer announcing the effective date for the new parking meter enforcement of October 6, 2008; and a memorandum to the Mayor and Council from staff, dated September 30, 2008, regarding retention of the full-time schedule in the Planning and Building Department's permit center counter hours. 3. MAYOR'S REPORTS Mayor Cox reminded everyone about the Beautify Chula Vista event on October 4, 2008, 8:00 a.m. at Otay Park, with pre-registration for the event at www.beautifychulavista.org. 4. COUNCIL COMMENTS Deputy Mayor Rindone: Five New Flyer buses (report ofMTS action) Deputy Mayor Rindone announced the purchase by the Metropolitan Transit System, of five new natural gas buses for the City to replace the existing diesel buses. The release of the new buses was scheduled for February 2009. Deputy Mayor Rindone also asked Interim City Manager Tulloch to request the Code Enforcement staff to remove any campaign signs placed in the public right of way, and to encourage candidates to refrain from placing their signs in the public right of way. Councilmember Ramirez announced that his next public office hours meeting was scheduled for October 6, 2008 at 6:00 p.m. in the Council Chambers to discuss the topic of redevelopment. Councilmember McCann thanked the public for attending the Council meeting. He invited the community to participate in the Beautify Chula Vista event on October 4, 2008. Mayor Cox recessed the meeting to convene in Closed Session at 5:33 p.m. Page 3 - Special Council Meeting /6-3 September 30. 2008 DRAFT DRAFT CLOSED SESSION 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager This item was removed from the agenda and was not discussed. 6. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case. No reportable action was taken on this item. ADJOURNMENT At 6:10 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of October 7, 2008 at 4:00 p.m. in the Council Chambers. .J-::... - ~ Lorraine Bennett, CMC, Deputy City Clerk Page 4 - Special Council Meeting /6-Lf September 30, 2008