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HomeMy WebLinkAboutcc min 2008/11/04MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 4, 2008 4:00 P.M. A Regular meeting of the City Council of the City of Chula Vista was called to order at 4:06 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, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY CONSERVATION & ENVIRONMENTAL SERVICES DIRECTOR MICHAEL MEACHAM OF EMPLOYEE OF THE MONTH, BRENDAN REED, ENVIRONMENTAL RESOURCE MANAGER Environmental Services Director Meacham introduced employee of the month Brendan Reed. Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Brendan. INTRODUCTION BY INTERIM CITY MANAGER SCOTT TULLOCH OF NEW FIRE CHIEF, DAVID HANNEMAN Interim City Manager Tulloch extended gratitude to Interim Chief Geering for his leadership and accomplishments over the past nine months. He then introduced new Fire Chief, David Hanneman. INTRODUCTION BY POLICE CHIEF RICHARD EMERSON OF RECENTLY PROMOTED SERGEANT DONALD REDMOND AND AGENTS STEVEN SZYMCZAK AND COLIN EVANS Police Chief Emerson introduced recently promoted Sergeant Redmond, and Agents Szymczak and Evans. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO JEANIE BALDERAS, POLICE RECORDS SPECIALIST AND BARBARA BROOKOVER, POLICE SUPPORT SERVICES MANAGER, PROCLAIMING WEDNESDAY, NOVEMBER 5, 2008 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Captain Wedge introduced Jeanie Balderas and Barbara Brookover. Mayor Cox read the proclamation and Councilmember McCann presented in to Bazbaza. Page 1 -Council Minutes November 4, 2008 SPECIAL ORDERS OF THE DAY (Continued) • PRESENTATION ON THE CHULA VISTA CHRISTMAS IN OCTOBER PROGRAM BY CO-CHAIR EMERALD RANDOLPH, HOUSE CAPTAIN ROD VIESCA AND HOMEOWNERS ODELIA KELLY AND LOIS MILLER Councilmember McCann introduced "Christmas in October" Co-Chair Dr. Emerald Randolph, House Captain Rod Viesca and Homeowners Odelia Kelly and Lois Miller. Dr. Randolph talked about the 10th "Christmas in October" program and gave thanks and appreciation to the numerous vendors, businesses, and service clubs who provided funding, crews, trash collection, roll offs, in-home assessments, and plumbing. She also thanked the City for its financial assistance, and the boazd members and house captains for their volunteer services. She then gave a video presentation that illustrated the six local home renovations. Council Aide Zaira Roa then read a letter from homeowner Odelia Kelly, who thanked everyone for their generosity. Homeowner Lois Miller also extended her heartfelt gratitude to the many volunteers who participated in her home renovation. CONSENT CALENDAR (Items 1 through 9) Councilmember Castaneda abstained from voting on Item 3, and Councilmember Ramirez abstained from voting on Item 5, due to potential conflicts of interest. Items 5 and 9 were removed from the Consent Calendaz for discussion by Deputy Mayor Rindone and Mayor Cox respectively. 1. APPROVAL OF MINUTES of September 16, 2008. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3119, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 20.04 AND 5.02 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTIONS 20.04.025 AND 20.04.050 AND A CROSS REFERENCE IN SECTION 5.02 (SECOND READING AND ADOPTION) Adoption of the ordinance assists businesses with identifying opportunities to reduce their monthly utility costs through a no-cost, voluntary assessment program, which will be integrated into the business licensing process. This ordinance was introduced on October 21, 2008. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2008-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE ENERGY EFFICIENCY LIGHTING RETROFIT AT MULTIPLE FACILITIES IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. GG202E) TO AMERICAN POWER SOLUTIONS Page 2 - Council Minutes November 4, 2008 CONSENT CALENDAR (Continued) The Energy Efficiency Lighting Retrofit is part of the City of Chula Vista's Phase One Loan agreement with SDG&E and the California Energy Commission (CEC). This retrofit is one component of the Engineering Department staff s program to comply with the requirements as outlined in the Energy Savings Summary Tables developed by consultants in cooperation with SDG&E and the CEC. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2008-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ENGINEERING AND DEVELOPMENT SERVICES REVENUE AND OPERATING BUDGETS AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $122,708 RECEIVED FROM NATIONAL CITY (4/STHS VOTE REQUIRED) The City of Chula Vista Engineering and Development Services staffs have been contracted to provide professional services to the City of National City for their capital improvement projects. A portion of the revenues received from National City aze requested to be appropriated to the Engineering and Development Services Operating Budgets as necessary to cover the cost of overtime incurred. (City Engineer/Bngineering Director, Public Works Director) Staff recommendation: Council adopt the resolution. 5. Item 5 was removed from the Consent Calendaz. 6. RESOLUTION NO. 255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF AN ENCROACHMENT PERMIT WITHIN THE CITY RIGHT-OF-WAY OF MACE STREET TO THE UNITED STATES GEOLOGICAL SURVEY (USGS) 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 area, including Chula Vista. The present 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. The USGS has requested 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) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes November 4, 2008 CONSENT CALENDAR (Continued) INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2008 The quarterly investment report provides information on vazious cash balances, investment transactions and the status of the pooled investment portfolio in accordance with the Government Code and the Council Investment Policy adopted on February 12, 2008. (Finance Director) Staff recommendation: Council accept the report. 8. RESOLUTION NO. 2008-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND INVESTCAL REALTY INC.TO SURRENDER THE CITY'S LEASED PREMISES LOCATED AT 900 LANE AVENUE SUITE 200 AND AUTHORIZE THE PAYMENT OF THE BUY-OUT FEE The City cun•ently leases 5,843 squaze feet of office space from Investcal Reality, Inc. This office space, located at 900 Lane Avenue has been used by the Building Inspection and Plan Review sections of the Planning and Building Department since 1998. Due to the relocation of all Planning and Building Services to the City Hall campus, this office space is no longer needed. Because the current lease has 14 months left before it expires, staff is proposing to buy out the remainder of the term at a discounted rate and surrender the lease. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 9. Item 9 was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendaz, (Items 1-4, and 6-8), headings read, text waived. Councilmember McCann seconded the motion and it carried 5-0, except Item 3, which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. A. RESOLUTION NO. 2008-253, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE PURPOSE OF CONDUCTING A STUDY TO EXAMINE MULTI-MODAL IMPROVEMENTS TO THE INTERSTATE 5 CORRIDOR B. RESOLUTION NO. 2008-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF EXISTING FUNDS FROM CAPITAL IMPROVEMENT PROJECT (CIP) STM362 "I-5/H STREET INTERCHANGE IMPROVEMENTS" TO CIP STM361 "I-5 MULTI-MODAL CORRIDOR IMPROVEMENT STUDY", APPROPRIATING $1,987,200 IN SAFETEA-LU (SAFE, ACCOUNTABLE FLEXIBLE, EFFICIENT, TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS) FUNDS AND AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM (4/STHS VOTE REQUIRED) Page 4 - Counci] Minutes November 4, 2008 CONSENT CALENDAR (Continued) Adoption of the first resolution would enter the City of Chula Vista into an MOU with SANDAG for the purpose of conducting a study to examine multi-modal improvements to the Interstate 5 comdor between the Main Street interchange and State Route 54. The second resolution transfers funds from the I-5/H Street Interchange Project to the I-5 Multi-Modal Corridor Study Project. (City EngineerBngineering Director) Staff recommendation: Council adopt the resolutions. Engineering Director/City Engineer Hopkins introduced Principal Civil Engineer Rivera who provided information on the SANDAG Regional Transportation Plan for the I-5 improvements and the rail corridor. ACTION: Deputy Mayor Rindone moved to approve staff's recommendation and offered Resolution Nos. 2008-253 and 2008-254, heading read, text waived. Councilmember McCann seconded the motion and it carried 4-0-1, with Councilmember Ramirez abstaining. 9. RESOLUTION NO. 2008-257, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING AMENDMENTS TO INDENTURES AND LOAN AGREEMENTS RELATING TO OUTSTANDING INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS OF THE CITY OF CHULA VISTA ISSUED TO REFINANCE COSTS OF CERTAIN ELECTRIC FACILITIES FOR SAN DIEGO GAS & ELECTRIC COMPANY AND RELATED BOND INSURANCE TERMINATION AND RELEASE AGREEMENT The Chula Vista City Council has the ability to issue tax-exempt bonds for large industriaUmanufacturing projects. Industrial Development Bonds (IDBs) aze tax-exempt bonds, which can raise funds for manufacturing businesses or energy development projects. On Mazch 23, 2004, the City Council authorized the issuance and sale of up to $686.4 million of IDBs to refund IDBs previously issued by the City of Chula Vista and the City of San Diego to finance or refinance certain costs of gas. and electric facilities for San Diego Gas and Electric. Adoption of this resolution approves certain amendments to the existing IDBs and the execution of an agreement that will terminate certain bond insurance policies related thereto. (Finance Director/Treasurer) Staff recommendation: Council adopt the resolution. Mayor Cox asked staff to provide an overview of the tax-exempt bond proposal. Finance Director Kachadoorian introduced Mark Roberge, Director of Corporate Finance, SEMPRA Energy; and Gary Hayes, Corporate Finance Manager, SEMPRA Energy. Mr. Hayes then presented and explained the proposed tax-exempt bonds. Finance Director Kachadoorian informed the Council that the bond obligations were fully obligated by SDG&E, and that what was being requested by SEMPRA was authority by the City to release the insurance obligations on the bonds, in order to make them mazketable. Page 5 - Council Minutes November 4, 2008 CONSENT CALENDAR (Continued) ACTION: Deputy Mayor Rindone moved to approve staff's recommendation and offered Resolution No. 2008-257, heading read, text waived. Councilmember McCann seconded the motion and it carried 5-0. Deputy Mayor Rindone left the dais at 5:21 p.m. and did not return. PUBLIC COMMENTS Denise Touchette, Chula Vista resident, spoke with regazd to a claim she submitted to the City on October 6a', stating that to-date, she had received no response. Mayor Cox referred the matter to staff. Guillermo Lopez, Chula Vista resident, stated that on November 3, 2008, between the hours of 1:00 p.m. and 2:00 p.m., he had observed the removal of Councilmember Castaneda's campaign signs by City staff, while leaving campaign signs for Scott Vinson in tact. He asked for an explanation by the next Council Meeting. Theresa Acerro, Chula Vista resident, referenced a flyer recently distributed to the public that was the work of the Lincoln Club, and had nothing to do with her or with organizations that were opposed to the peaker power plant. She then spoke in opposition to the proposed MMC peaker power plant. OTHER BUSINESS 10. CITY MANAGER'S REPORTS Interim City Manager Tulloch stated that a Budget Workshop was scheduled for November 17, 2008, at 6:30 p.m. in the Council Chambers. 11. MAYOR'S REPORTS Ratifications of the appointments of Cazol Nottley, Lisa Jensen and Ken Lockman to the Commission on Aging. ACTION: Mayor Cox moved to approve the appointment of Cazol Nottley, Lisa Jensen and Ken Lockman to the Commission on Aging. Councilmember Castaneda seconded the motion and it carried 4-0, with Deputy Mayor Rindone absent. Mayor Cox announced that information regazding the election results could be accessed at www.vote. sos.ca.gov. 12. COUNCIL COMMENTS Councilmember McCann encouraged everyone to vote. He stated that there would be no City Council Meeting on November 11, 2008, in honor of Veterans Day. To that end, he thanked all of the Veterans organizations who participated in the City, and he encouraged anyone interested in further veteran-related information to access the City's website. He also thanked the following Veterans organizations for their work: Veterans of Foreign Wazs, American Legion, and Fleet Reserve Association. Page 6 - Council Minutes November 4, 2008 OTHER BUSINESS (Continued) Councilmember Ramirez reported on his recent public office meeting on November 3, 2008 that addressed concerns about vandalism and hate crimes in the City, and he thanked the Police Department personnel who attended the meeting. He spoke about his recent participation in a ride-a-long with Chula Vista Police Department officers, stating that the experience was interesfing, and was an important reminder to civilians about the difficulties of policing and how fortunate the City was to have professional officers. Mayor Cox recessed the meeting to convene in Closed Session at 5:36 p.m. CLOSED SESSION 13. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager ACTION: Councilmember McCann moved to conduct interviews for City Manager at the November 18, 2008 City Council meeting in Closed Session. Councilmember Castaneda seconded the motion, and it carried 3-1, with Mayor Cox opposed and Deputy Mayor Rindone absent. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases. Case 1. ACTION: Councilmember McCann moved for City Council authorization to retain the law firm of McKenna, Long and Aldridge for litigation purposes. Councilmember Castaneda seconded the motion and it carried 4-0, with Deputy Mayor Rindone absent. Case 2. No reportable action was taken on this item. ADJOURNMENT At 6:30 p.m., Mayor Cox adjourned the meeting to an Adjourned Regulaz Meeting on November 17, 2008 at 6:30 p.m. in the Council Chambers. The Regulaz Meeting of November 11, 2008 was cancelled. ~i ~ d Lorraine Bennett, CMC, Deputy City Clerk Page 7 - Council Minutes November 4, 2008