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HomeMy WebLinkAboutcc min 2008/10/07MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 7, 2008 4:00 P.M. A Regular meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda, Ramirez, Rindone, and Mayor Cox ABSENT: McCann (excused) ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Noms, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY CHULA VISTA WAL-MART STORE MANAGER LUIS JACOBO AND CO-MANAGER TODD RALEY OF $4,000 TO THE CITY OF CHULA VISTA Wal-Mart Manager Luis Jacobo and Co-Manager Todd Raley presented four $1,000 checks, one for the City and one each for the Police, Fire, and Recreation Departments. INTRODUCTION BY BRAD REMP, ACTING DIRECTOR OF PLANNING AND BUILDING, OF EMPLOYEE OF THE MONTH, CARLOS FERNANDEZ, SENIOR PLANNING TECHNICIAN Interim Planning and Building Director Remp introduced Employee of the Month, Cazlos Fernandez. Mayor Cox then read the proclamation and Deputy Mayor Rindone presented it to Carlos. OATHS OF OFFICE Chazlene Tressler to the Child Caze Commission Keith Blum to the Veterans Advisory Commission David Gazza to the Youth Action Council City Clerk Norris administered the oaths of office to commissioners Tressler, Blum, and Garza, and Councilmember Ramirez presented them with certificates of appointment. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO EMMA MCCLEES, SENIOR RISK MANAGEMENT SPECIALIST, DECLARING THE WEEK OF OCTOBER 6-10, 2008 AS DRIVE SAFELY TO WORK WEEK IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Emma. Page 1 - Counci] Minutes October 7, 2008 SPECIAL ORDERS OF THE DAY (Continued) PRESENTATION BY MAYOR COX OF A PROCLAMATION TO INTERIM FIRE CHIEF JIM GEERING AND FIRE MARSHAL JUSTIN GIPSON PROCLAIMING THE WEEK OF OCTOBER 5-11, 2008 AS FIRE PREVENTION WEEK Fire Mazshal Gipson presented an overview of fire prevention and provided safety measures. Mayor Cox then read the proclamation and Councilmember Castaneda presented it to Interim Fire Chief Geering and Fire Marshal Gipson. UPDATE ON PROPOSITION "O" PROJECTS BY DR. GANDARA, SWEETWATER UNION HIGH SCHOOL DISTRICT SUPERINTENDENT Dr. Gandaza introduced Pearl Quinones, Sweetwater Union High School District Boazd President, and Jaime Ortiz, representing Gilbane/SGI Construction Management. Mr. Ortiz gave a presentation on the three Proposition "O" projects in the City that included a new Science classroom and cafeteria at Chula Vista Middle School, atwo-story classroom building and industrial arts building at Hilltop High School, and a new library and multi-purpose auditorium at Chula Vista High School. Mr. Ortiz stated that all three projects were scheduled to commence in the first quarter of 2009. He stated that more information about the projects could be found at www.buildingpropo.com or 888-680-PROPO. Dr. Gandaza added that the District was aggressively seeking additional grant funding for the projects. CONSENT CALENDAR (Items 1 through 4) Item 4 was removed from the agenda at the request of staff. APPROVAL OF MINUTES of July 23 and July 29, 2008. Staff recommendation: Council approve the minutes. WRITTEN COMMUNICATIONS A. Letter of resignation from Stan Canaris, member of the Growth Management Oversight Commission. B. Letter of resignation from Mikki Zbikowski, member of the Commission on Aging. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 3. RESOLUTION NO. 2008-233, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK BUDGET, AND APPROPRIATING $1,193,670 FROM THE AVAILABLE PARK ACQUISITION AND DEVELOPMENT FUND BALANCE TO REIMBURSE OTAY PROJECT, L.P. (4/STHS VOTE REQUIRED) Page 2 -Council Minutes October 7, 2008 CONSENT CALENDAR (Continued) Otay Project L.P. deposited Pazk Acquisition and Development fees in the amount of $1,196,670 to satisfy Tentative Map Condition No. 95 for Village 2 North Unit 1. At the request of Otay Project, L.P., the final map was not presented for City Council approval, and they are now requesting a refund of the fees. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT OVER A PORTION OF CITY OWNED LAND TO THE UNITED STATES GEOLOGICAL SURVEY FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A MULTI-DEPTH GROUND WATER MONITORING WELL No comprehensive study of groundwater resources currently exists for the coastal San Diego azea, including Chula Vista. The present United States Geological Survey (USGS) project proposes to complete such a study using the installation of multi-depth monitoring wells at select specific locations in four coastal river basins; San Dieguito, San Diego River, Sweetwater River, and the Otay River. Adoption of the resolution approves the request of the USGS that the City grant an easement to allow the installation of one of these monitoring wells adjacent to the Otay River. (City Engineer/Engineering Director) Item 4 was pulled from the agenda at the request of staff. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered the balance of the Consent Calendaz, Items 1-3, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Larry Brietfelder, Chula Vista resident, spoke with respect to recruitment for a City Manager, stating that he would support hiring from within, the need for stability in the organization, and long-term leadership. He stated that it would not be in the best interests of the community to delay the recruitment until after the November elections. Theresa Acerro, Chula Vista resident, spoke in favor of an elected City Attorney for the City. She then addressed her concerns about the proposed location of the MMC Peaker Power Plant, and asked the Council to consider the potential negative impacts to residents of Southwestern Chula Vista if the plant were placed in a light industrial zone. Peter Watry, Chula Vista resident, spoke in support of hiring a City Manager from within the organization. Page 3 -Council Minutes October 7, 2008 ACTION ITEMS 5. A. RESOLUTION NO. 2008-234, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGNBUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF MT. SAN MIGUEL COMMUNITY PARK TO REVISE THE GUARANTEED MAXIMUM PRICE B. RESOLUTION NO. 2008-235, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM AND APPROPRIATING $7,769,399 FROM THE AVAILABLE PARK ACQUISITION AND DEVELOPMENT (PAD) FUND BALANCE TO EXISTING CAPITAL IMPROVEMENT PROJECT, MOUNT SAN MIGUEL COMMUNITY PARK (CIP PR260) TO COMPLETE THE PROJECT (4/STHS VOTE REQUIRED) The City Council previously approved CIP Project No. PR260, and the Master Plan for Mount San Miguel Community Pazk, which conceptually designed and provided for the construction of a completed and fully functional 19-acre pazk. On September 19, 2006, Council approved a Design Build Agreement with Erickson-Hall Construction Co. for this pazk which contained anot-to-exceed price of $5,841,067 with the Guazanteed Maximum Price (GMP) to be set upon receipt of 90% construction drawings. The project is nearing the end of the design phase and ready to start the construction phase. Adoption of the first resolution approves the first amendment that will set the GMP at $8,688,462, and amends the Fiscal Yeaz 2008/2009 CIP Program. The second resolution approves an appropriation of $7,769,399 to the existing CIP PR260. (City Engineer/Engineering Director) Engineering Director Hopkins provided an overview of the Mount San Miguel Community Pazk project, and explained the increased costs for completion of the project. He stated that the risk to using the Pazk Acquisition and Development (PAD) fees could potentially affect the development of All Seasons Pazk, due to the uncertainty of receipt of PAD fees for the Windstar project. He stated that the skate element, basketball court and tennis court were removed from the proposed Mount San Miguel Pazk master plan in order to keep in line with the pazk budget. Councilmember Castaneda suggested partnering with other agencies to provide amenities for the park. Councilmember Castaneda asked, and staff responded that safeguazds regazding price adjustments for the project were built in to the contract. Councilmember Castaneda asked staff to provide an update on any potential savings that could be allocated back in to the project as it moved forwazd. Further discussion ensued between the Council and staff regarding the Guazanteed Maximum Price, and adding park elements back in the future, as funds became available. Page 4 - Counci] Minutes October 7, 2008 ACTION ITEMS (Continued) Mayor Cox asked staff to ensure that any signs posted regarding the development of All Seasons Pazk reflect the most accurate information to current residents and those in charge of home sales. City Engineer Hopkins responded that staff would work with the Homeowners Association and keep them informed of any park updates, and would not post any signs until funding for the pazk was confirmed. ACTION: Deputy Mayor Rindone moved to adopt Resolution Nos. 2008-234 and 2008-235, headings read, texts waived. Councilmember Castaneda seconded the motion and it carried 4-0. 6. REPORT REGARDING REQUEST THAT THE CITY SEEK REIMBURSEMENT FROM THE SAN DIEGO COUNTY DISTRICT ATTORNEY FOR LEGAL FEES INCURRED IN RESPONSE TO GRAND JURY INVESTIGATIONS This item has been prepared in response to a referral by Councilmembers Ramirez and Castaneda regazding reimbursement by the San Diego District Attorneys Office of legal fees incurred by the City related to prosecution activities by the District Attorney's Public Integrity Unit. (Interim City Attorney) Staff recommendation: That the Council take action as it deems appropriate. Mayor Cox questioned how the report could be addressed in a public forum, when the information presented was under attorney/client privilege. Interim City Attorney Miesfeld responded that the Attorneys office had provided anattorney/client privileged memorandum to all Councilmembers in response to the referral by Councilmembers Ramirez and Castaneda. He noted that the amount of legal fees paid were included in the memorandum and could be discussed in public, but the legal analysis would remain privileged unless that privilege was waived by a vote of the Council, which he stated he would not recommend. He suggested that 1) the amount of the fees be disclosed as requested by the Councilmembers, 2) Council decide whether or not to convene in Closed Session to discuss the legal analysis provided in the memorandum, and 3) reconvene in open session to discuss the procedure required to bring the matter to the Grand Jury. Deputy City Attorney Maland reported that the legal fees incurred by the City for Grand Jury investigations totaled $609,576.24 and were for 1) the Chula Vista Redevelopment Corporation and the Chula Vista Redevelopment Agency, $350,975; 2) Jason Moore, $14,587; and 3) Sunbow Villas Investigation, $244,012. Mayor Cox expressed concern that the data presented was not made available to the public for its review prior to the meeting. ACTION: Mayor Cox moved to make the fees presented by Deputy City Attorney Maland part of the public record and place the matter on the next City Council agenda. Councilmember Ramirez seconded the motion. Page 5 -Counci] Minutes October 7, 2008 ACTION ITEMS (Continued) Discussion ensued between the Councilmembers and City Attorney Miesfeld regazding the release of the attorney/client privileged memorandum. ACTION: Councilmember Ramirez moved to release the Attorney's memorandum, and to direct the City Clerk to make copies for immediate release to the public. Councilmember Castaneda seconded the motion. Further discussion ensued among the Council about the release of the memorandum to the public. Councilmember Castaneda called for the question. Mayor Cox stated that it was inappropriate for the Council to take action prior to allowing the public to speak to the item. Interim City Attorney Miesfeld advised that the public had a right to speak to the issue of waiving the attorney/client privilege, after that a vote could be taken on that issue. Once the Council voted to waive the attorney/client privilege, the memorandum could be distributed and then summarized by Deputy City Attorney Maland. The public would then have a right to discuss the next motion. ACTION: Councilmember Ramirez amended his motion to follow the procedure that Interim City Attomey Miesfeld outlined, and make the information public and available. Larry Breitfelder, Chula Vista resident, representing the Chula Vista Taxpayers Association, stated that the staff report on the matter did not fully recognize the hidden costs of the process in terms of staff time and associated stress that detracted from the work of the organization. He stated that the Association believed that taxpayers should be reimbursed from the County for all expenses both direct and indirect, and that the Council had the moral obligation to request reimbursement for full expenses from the County. Scott Vinson, Chula Vista resident, stated that release of the memorandum to the public at the meeting would not be representative of the City as a whole. He stated that the legal fees should be paid by Councilmember Castaneda. He asked the Council to open the memorandum for full review by the public. John Moot, Chula Vista resident, stated that the Council was making a mistake by disregazding the advice of the Interim City Attorney regarding the waiving of the attorney/client privilege. Regazding procedural issues, he stated that since the matter regarding waiving the attorney/client privilege was not noticed in accordance with the Brown Act, the matter could not be discussed or voted on. He suggested that the matter be placed on the agenda for the next Council meeting. Mayor Cox withdrew her motion. Interim City Attorney Miesfeld suggested redaction of the legal opinions and legal conclusions contained in the memorandum, and to leave in tact the factual matters, which would remove the attorney/client privilege. Page 6 -Council Minutes October 7, 2008 ACTION ITEMS (Continued) Interim City Attorney Miesfeld clazified the motions on the floor. City Clerk Norris further clarified the current motion on the floor by Councilmembers Ramirez/Castaneda, to take public comments, discuss waiving of the attorney/client privilege, release of the document, and to take public comments on the agendized item. Mayor Cox asked Councilmember Ramirez if he wished to substitute his motion for the suggestion by Interim City Attorney Miesfeld, or to maintain the motion as reported by the City Clerk. Councilmember Ramirez responded that he was not interested in providing a redacted version of the memorandum to the public, but rather, that the document be provided in its entirety for release to the public. ACTION: Councilmember Ramirez moved to release the entire memorandum to the public, and to waive the attorney/client privilege. Councilmember Castaneda seconded the motion. The motion failed 2-2, with Mayor Cox and Deputy Mayor Rindone opposed. Further discussion ensued among the Council. Mayor Cox suggested that the Council follow the advice of the Interim City Attorney, provide a redaction to the component of the memorandum that referred to the Interim City Attorney's legal opinion, and that the remainder of the information, including the table of costs, be part of the public comment. ACTION: Deputy Mayor Rindone moved to release a redacted version of the memorandum provided by Interim City Attorney Miesfeld. Councilmember Castaneda seconded the motion and it carried 4-0. Discussion ensued among the Council about whether or not to formally request reimbursement of legal fees from the District Attorney's Office. Larry Breitfelder, Chula Vista resident, asked the Council to look to the financial interests of the public. John Moot, Chula Vista resident, stated that without reading the memorandum, he could not address the issues, and that the democratic process had been subverted. He stated that the District Attorney's Office had immunity from any action to reclaim the fees, citing section 821.6. ACTION: Councilmember Ramirez moved to asked staff to write a letter to the District Attorney, requesting reimbursement to the City for legal fees incurred in response to Grand Jury investigations. Councilmember Castaneda seconded the motion. ACTION: Councilmember Ramirez amended the motion to include that the Council take a stand to end further discussion on the matter. Councilmember Castaneda seconded the motion. The motion failed 2-2 with Mayor Cox and Deputy Mayor Rindone voting no. Page 7 -Council Minutes October 7, 2008 ACTION ITEMS (Continued) ACTION: Mayor Cox moved to bring the City Attorney's memorandum in its redacted form back to the Council as a point of information on a public agenda. Deputy Mayor Rindone seconded the motion and it carried 3-1, with Councilmember Ramirez voting no. DISCUSSION REGARDING DOCUMENTS RELEASED PURSUANT TO CITY COUNCIL RESOLUTION NO. 2008-232 AT THE CITY COUNCIL MEETING OF SEPTEMBER 23, 2008 (Interim City Manager) Mayor Cox explained that Item 7 was placed on the agenda to provide an opportunity for public comment on the matter, which was not previously provided. John Moot, Chula Vista resident, spoke about the Grand Jury evidence regarding Councilmember Castaneda's trial, and the matter regarding payment of Councilmember Castaneda's legal fees. OTHER BUSINESS 8. CITY MANAGER'S REPORTS Interim City Manager Tulloch asked the Council about the start time for the Council Meeting of October 14, 2008. Mayor Cox responded that the matter would be discussed in Closed Session. Interim City Manager Tulloch informed the Council that staff, together with the Wildland Urban Interface, had identified approximately 460 acres of brush in the City that required cleazance, in order to better protect the City against future fires, at an estimated initial cost of approximately 1.2 million dollazs. He stated that Congressman Filner's Office had been successful in obtaining $400,000 towazds the cost, subject to signature by the President. 9. MAYOR'S REPORTS Mayor Cox reported that Senator Ducheny had submitted a bill to the Governor that would allow for construction and operation of SR-11 and a new Federal Otay Mesa East port of entry, which was a major step forwazd in the goal to connect SR-125 to SR-11, and ultimately to a third border crossing. She requested that staff place a proposed resolution in support of the program called "Rails to Trails", the Coastal Conservancy's 2010 campaign for active transportation, on the agenda for the Council Meeting of October 14, 2008. She stated that a portion of the grant, if funded, would go towazds the City's efforts for active transportation. She also requested staff to place on the October 21, 2008 Council agenda, a brief presentation by the proponents and opponents of the Sunrise Powerlink project. Councilmember Castaneda stated that a potential conflict of interest may preclude his participation in the Sunrise Powerlink project presentation, but that he was supportive of Mayor Cox's request for a presentation. Mayor Cox spoke about the success of the recent Beautify Chula Vista event that drew over 600 community volunteers. Page 8 -Council Minutes October 7, 2008 OTHER BUSINESS (Continued) 10. COUNCIL COMMENTS Councilmember Ramirez spoke about his recent Public Office Hours meeting regazding redevelopment, and he thanked all those who participated in the discussions. He requested consideration by the Mayor, of a resolution to recognize Peter Watry and Frank Roseman for their many contributions and civic commitments to the City. Councilmember Castaneda announced the current vacancy on the City's Boazd of Ethics, and that applications were being accepted in the City Clerk's Office until October 10, 2008 by 5:00 p.m. He stated that the County of San Diego was in receipt of relief funding for homeowners facing foreclosure and related financial difficulties, and he requested that staff place on an agenda for discussion and direction by the Council, how the portion of funding allocated to the City would be distributed. Deputy Mayor Rindone spoke about the success of the recent Beautify Chula Vista event, and thanked City staff, community volunteers, and KFMB TV Channel 8 for their sponsorship of the event. Mayor Cox spoke on behalf of Councilmember McCann and reminded everyone about the Christmas in October event on October 11, 2008, and to contact the Council office at 691-5044 for further information. Mayor Cox recessed the meeting to convene in Closed Session at 7:47 p.m. CLOSED SESSION 11. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Fire Chief No reportable action was taken on this item. 12. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager The item was pulled from the agenda. 13. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager The item was pulled from the agenda. Page 9 -Council Minutes October 7, 2008 CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Loretz v. City of Chula Vista (Brentwood Mobile home Pazk I), Court of Appeal, 4th District, Case No. D051623 (Appeal from SDSC Case No. GIS-28491) No reportable action was taken on this item. B. City of Chula Vista v. Loretz, et al (Brentwood Mobilehome Pazk II), San Diego Superior Court Case No. 37-2007-0079308-CU-OR-SC No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case This item was pulled from the agenda. ADJOURNMENT At 8:45 p.m., Mayor Cox adjourned the meeting to the Regulaz Meeting of October 14, 2008 at 6:00 p.m. in the Council Chambers. 6 ~ Lorraine Bennett, CMC, Deputy City Clerk Page ] 0 -Council Minutes October 7, 2008