HomeMy WebLinkAboutcc min 2008/09/23MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 23, 2008
6:00 P.M.
A Regulaz 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 Calendaz for discussion by members of the public;
and Items 5, 8, 10, and 11, 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.
APPROVAL OF MINUTES of July 22 and July 23, 2008.
Staff recommendation: Council approve the minutes.
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 AB1234
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 September 23, 2008
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. GG195 (4/STHS VOTE REQUIRED)
Since the summer of 2006, the chiller plant at the Civic Center Librazy 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 Calendaz.
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/STHS 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 fixnding 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)
Staff recommendation: Council adopt the resolution.
8. Item 8 was removed from the Consent Calendaz.
Page 2 -Council Minutes September 23, 2008
CONSENT CALENDAR (Continued)
9. RESOLUTION NO. 2008-229, RESOLUTION OF THE C]TY 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/STHS VOTE REQUIRED)
The Police Department has been awazded 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 aninter-agency law enforcement task force represented by members from 12 San
Diego law enforcement agencies, with a Police Agent and anhourly/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 Calendaz.
11. Item 11 was removed from the Consent Calendar.
ACTION: Mayor Cox moved to approve staffs recommendations and adopt the balance of
the Consent Calendaz, 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-l,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, INC.
The Police Department facility chiller plant was identified for an energy upgrade and
retrofit as part of the City of Chula Vistas Phase 1 Loan agreement with SDG&E and the
California Energy Commission. Adoption of the resolution would award a contract to
Alpha Mechanical Services, lnc. to retrofit the chiller plant at the Police Departrnent. 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 September 23, 2008
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 aCommunity-Based Transportation Planning Grant to
fund 36 walking audits azound 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 Wa1kSanDiego, 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 SB, Councilmember
McCann -Item SC, Councilmember Castaneda -Item SD, and Mayor Cox -Item SE.
Kevin O'Neill, Chula Vista resident, spoke in opposition to expenditure of the funds for awalk-
ability study, stating that it was a waste of money with no positive results.
Page 4 - Counci] Minutes September 23, 2008
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
City Engineer Hopkins clarified that the proposed study was lazgely 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: 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.
ACTION: 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.
ACTION: 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.
ACTION: 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 12-07/08REV 1 FOR AONE-YEAR TERM BEGINNING
OCTOBER 1, 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 September 23, 2008
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Bob Thomas, Chula Vista resident, asked the Council to ensure that bids awazded were the best
value for the City, not just the lowest bid, including costs incurred when lowest bid awazdees
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 along-term
relationship with the proposed contract awazdees. She further clarified that the contract would
be for one yeaz, with firm pricing, and would include the option to renew for five one-yeaz
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/STHS VOTE REQUIRED)
The Police Department has been awazded 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 ofalcohol-involved collisions in the South Bay region. (Police Chief)
Staff recommendation: 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 particulaz case, the City
was partnering with the District Attomey'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
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 September 23, 2008
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 Schoo] 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 Counci]
next yeaz, 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 al] six schools.
ACTION: Deputy Mayor Rindone moved to approve staffs 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.
11. 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 prepazed in response to that request. By adopting the
resolution, Council would authorize the release of certain memoranda prepazed 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 -Counci] Minutes September 23, 2008
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 September 23, 2008
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 Councilmember Castaneda's legal fees. She spoke in support
of the proposed resolution and suggested that staff prepaze 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 forwazd as a united 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 Ciry.
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 sepazate memorandums: 1) Letter to the Council from Interim City
Attorney Miesfeld, dated July 15, 2008 regazding 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, regazding 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 September 23, 2008
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 clazified 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, regazding 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 regazding
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 cleaz 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 chazged
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 fol]owing 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 cazd in support of
the MMC Pecker 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 ] 0 -Council Minutes September 23, 2008
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, clazified a recent statement he made before the Califomia
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 ofsiting 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 msh 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 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 California Energy Commission
evidentiazy 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
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 Pazk,
commencing at 8:00 a.m., with online registration at vr~ww.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 Attorneys office, which had cost the taxpayers hundreds
of thousands of dollazs, 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.
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
regazding access through the reaz gate at Southwestem College by students, due to the
construction in the azea. 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
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 upwazd 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 seazch 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 regazding 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. 1: No reportable action was taken.
Case No. 2:
ACTION: Councilmember Castaneda moved to reject former City Manager Gazcia'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 - Counci] Minutes September 23, 2008
CLOSED SESSION (Continued)
18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court,
Case No. 06 CV 1460 JAH(BLM)
B. Deanna Mory, et al. v. City of Chula Vista, et al., 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 Regulaz Meeting of October 7, 2008
at 4:00 p.m. in the Council Chambers.
/ ~
r Lorraine Bennett, CMC, Deputy City Clerk
Page 14 -Council Minutes September 23, 2008