HomeMy WebLinkAbout2011/12/06 Item 01DRAFT
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
July 12, 2011
3:00 P.M.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:04 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda (arrived at 3:10 p.m.),
Ramirez (arrived at 3:05 p.m.), and Mayor Cox
ABSENT: None.
Mayor Cox announced that the Council would convene in Closed Session to discuss the items
listed below.
At 3:05 p.m., the Council convened in Closed Session.
CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records
of action taken during Closed Sessions are maintained by the City Attorney.
L CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9:
• One Case
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: APN # 566-131-03 (Located on the prolongation of First Avenue,
north of "D" Street)
Agency Negotiator: Rick Ryals, Real Property Manager
Negotiating Parties: City of Chula Vista and Home Bank of California
Under Negotiation: Price and Terms for Purchase
3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Brentwood MHP Investors v. City of Chula Vista
San Diego Superior Court Case No. 37-2010-00079506-CI-WM-SC
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ADJOURNMENT
At 3:50 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on
July 12, 2011, at 4:00 p.m, in the Council Chambers.
Lorraine Bennett, CMC, Sr. Deputy City Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 12, 2011
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.
Note: Items appear in the order as presented on the meeting agenda.
ROLL CALL
PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez and
Mayor Cox
ABSENT: None.
ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk
Norris, and Sr. Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Ramirez led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
100 CENTENNIAL SECONDS - www.chulavistal00.com
Mayor Cox presented a look back at Chula Vista during the 1930's.
INTRODUCTION BY LIBRARY DIRECTOR BETTY WAZNIS, OF EMPLOYEE OF
THE MONTH, ROSA QUIROS, LIBRARY ASSOCIATE
Library Director Waznis introduced Employee of the Month, Rosa Quiros. Mayor Cox read the
proclamation and Deputy Mayor Ramirez presented it to Ms. Quiros.
RECOGNITION OF THE NEWLY VERIFIED CHULA VISTA CLEAN BUSINESS -
AMERICAN METAL FILTER COMPANY, FIRST BANK, OTAY PET VETS,
HILLTOP MAIN SELF STORAGE, BEAUTIFUL IMAGE WITH LUCY SALON,
UNITED STATES UNIVERSITY, CHULA VISTA NATURE CENTER
Environmental Services Intem Coppola recognized the newly verified Chula Vista Clean
Businesses and presented each of the business representatives with a certificate of recognition.
CONSENT CALENDAR
(Items 1-15)
Item 4 was removed from the Consent calendaz for sepazate consideration.
Councilmember Aguilar suggested rescheduling Consent Item 4, Public Hearing Item 18, and
Action Item 24, to a future date.
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CONSENT CALENDAR (Continued)
APPROVAL OF MINUTES of Mazch 22, April 5 and 7, 2011.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Grace (Betsy) Cory, Resource Conservation Commission.
Staff recommendation: Council accept the resignation.
ORDINANCE NO. 3191, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD
MARKETING AND COMMUNICATIONS MANAGER, SPECIAL EVENTS
COORDINATOR, BUILDING OFFICIAL/CODE ENFORCEMENT MANAGER, AND
DIRECTOR OF ECONOMIC DEVELOPMENT, AND TO DELETE ECONOMIC
DEVELOPMENT OFFICER, COMMUNICATIONS COORDINATOR, AND DEPUTY
BUILDING OFFICIAL (4/STHS VOTE REQUIRED) (SECOND READING AND
ADOPTION) (Director of Finance/Treasurer)
Staff recommendation: Council adopt the ordinance.
4. Item 4 was removed from the Consent Calendar.
5. RESOLUTION NO. 2011-125, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE "BALL FIELDS" FEES IN CHAPTER 7
(RECREATION FEES) SECTION 200 (OTHER FACILITIES -USE PERMITS AND
BALL FIELDS) OF THE CITY'S MASTER FEE SCHEDULE (Director of
Finance/Treasurer, Director of Recreation and Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. ORDINANCE OF THE CITY OF CHULA VISTA PROHIBITING ON-STREET
PARKING ALONG THE FRONTAGE OF 1655 BROADWAY (SOMMERSET
PLAZA EAST) AND 1660 BROADWAY (SOMMERSET PLAZA WEST) AND
AMENDING SCHEDULE VI AND III OF THE REGISTER MAINTAINED IN THE
OFFICE OF THE CITY ENGINEER TO REFLECT THESE CHANGES (FIRST
READING) (Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 50 MPH SPEED
LIMIT ON HUNTE PARKWAY BETWEEN EASTLAKE PARKWAY AND
OLYMPIC PARKWAY AND AMENDING SCHEDULE X OF THE REGISTER
MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE
ESTABLISHED SPEED LIMIT (FIRST READING) (Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
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CONSENT CALENDAR (Continued)
RESOLUTION NO. 2011-126, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2011/2012 WITHIN COMMUNITY FACILITIES
DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-I,
07-I, 07-M, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I AND 13-M; AND DELEGATING
TO THE CITY MANAGER, OR DESIGNEE, THE AUTHORITY TO PREPARE AND
SUBMIT A CERTIFIED LIST OF ALL PARCELS SUBJECT TO THE SPECIAL TAX,
INCLUDING THE AMOUNT OF THE TAX, TO THE COUNTY AUDITOR (Director
of Public Works and Director of Finance/Treasurer)
Staff recommendation: Council adopt the resolution
9. RESOLUTION NO. 2011-127, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A CONTRACT TO CLEAN ENERGY FOR
THE INSTALLATION, OPERATION AND MAINTENANCE OF A COMPRESSED
NATURAL GAS FUEL DISPENSER ACCESSIBLE BY THE GENERAL PUBLIC, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF REQUEST FOR
PROPOSAL NUMBER 11-09/10 (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2011-128, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF GRANT
APPLICATIONS FOR THREE PROJECTS FOR FISCAL YEAR 2011/2012 FEDERAL
SAFE ROUTES TO SCHOOL FUNDING (Director of Public Works)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2011-129, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA (1) APPROVING AN AMENDMENT TO THE FISCAL
YEAR 2011/2012 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $205,379 OF
HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS TO AN ELIGIBLE
PROJECT; (2) AUTHORIZING THE CITY MANAGER TO ALLOCATE $205,379 IN
HOME INVESTMENT PARTNERSHIP FUNDS FOR USES PREVIOUSLY
APPROVED BY CITY COUNCIL AND; (3) AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO EXECUTE A FOURTH AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY AND COMMUNITY HOUSINGWORKS FOR
THE FIRST TIME HOMEBUYER ASSISTANCE PROGRAM (Assistant City
Manager/Director of Development Services)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2011-130, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $165,000 FROM THE COUNTY OF SAN
DIEGO, ADDING ONE EVIDENCE CONTROL ASSISTANT TO THE
AUTHORIZED STAFFING OF THE POLICE DEPARTMENT AND
APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2011/2012 POLICE
BUDGET FOR THE CALIFORNIA IDENTIFICATION PROGRAM (4/STHS VOTE
REQUIRED) (Police Chief)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
13. RESOLUTION NO. 2011-131, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT AND AUTHORIZING THE POLICE AND FIRE DEPARTMENTS
TO PURCHASE RADIOS FROM MOTOROLA SOLUTIONS INC VIA THE
COUNTY OF SAN DIEGO'S MOTOROLA CONTRACT NUMBER 43095 (Police
Chief)
Staff recommendation: Council adopt the resolution.
14. RESOLUTION NO. 2011-132, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $400,998 FROM THE U.S. DEPARTMENT
OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE
POLICE GRANT FUND FOR OPERATION STONEGARDEN (4/STHS VOTE
REQUIRED) (Police Chief)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION NO. 2011-133, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $14,859 FROM THE BUREAU OF JUSTICE
ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT
FUND FOR PROJECT SAFE NEIGHBORHOOD (4/STHS VOTE REQUIRED)
(Police Chief)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve Consent Calendar Items 1-3, and 5-15, headings
read, text waived. Councilmember Bensoussan seconded the motion and it
carried 5-0.
With respect to Consent Item 5, City Manager Sandoval gave an update on the status of the ball
fields, and informed the Council that staff had met with various groups involved with the use of
the ball fields, and would be conducting ongoing meetings to look at ways to spread the costs of
ball field maintenance to resolve the problem. Staff would return to the Council in the future
with an update.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4. REPORT REGARDING THE CREATION OF THE CHULA VISTA SPORTS
ALLIANCE (Director of Recreation)
Staff recommendation: Council accept the report.
It was the consensus of the Council to postpone Item 4 to a future date. The item was not
discussed.
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PUBLIC COMMENTS
Kevin O'Neill, Chula Vista resident, spoke in opposition to allowing candidates to run for
Council in order to jockey for the Mayoral position. He presented the Council with historic
copies of citrus labels dating back to the late 1800's, and a postcard that revealed Third Avenue
in the 1920's.
PUBLIC HEARINGS
16. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF THE EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2011-134,
heading read, text waived:
RESOLUTION NO. 2011-134, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $75,617 FROM THE BUREAU
OF JUSTICE ASSISTANCE FOR THE 2011 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR
2012 ADOPTED BUDGET BY APPROPRIATING $75,617 TO THE LOCAL
LAW ENFORCEMENT BLOCK GRANT FUND (4/STHS VOTE REQUIRED)
(Police chief]
Councilmember Castaneda seconded the motion and it carried 5-0.
17. CONSIDERATION OF ACCEPTANCE OF FISCAL YEAR 2010/2011 STATE COPS
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2011-135,
heading read, text waived:
RESOLUTION NO. 2011-135, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $285,717 FROM THE STATE
COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND
APPROPRIATING $2,342 TO THE SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND (4/STHS VOTE REQUIRED) (Police Chief)
Councilmember Bensoussan seconded the motion and it carried 5-0.
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PUBLIC HEARINGS (Continued)
18. CONSIDERATION OF ADOPTION OF THE CHULA VISTA PARKS AND
RECREATION MASTER PLAN
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing, and continued it to the Council Meeting of August 2,
2011. Discussion ensued, with the suggestion by Deputy Mayor Ramirez to schedule a Council
Workshop on the matter prior to the August 2, 2011 Council Meeting. It was the consensus of
the Council to conduct a public workshop and to schedule the public hearing for a future date.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE PARKS AND RECREATION MASTER PLAN UPDATE
(Director of Recreation)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE TITLES 17 AND 19, SPECIFICALLY
CHAPTERS 17.10 (PARKLAND AND PUBLIC FACILITIES) AND 19.09
(GROWTH MANAGEMENT) RELATING TO UPDATES TO PARK
FACILITY RATIOS AND FACILITY MASTER PLAN REFERENCE
DOCUMENTS (FIRST READING) (Director of Recreation)
19. CONSIDERATION OF AMENDING CHAPTERS 10, 11, 14 AND 15 OF THE CITY'S
MASTER FEE SCHEDULE
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution Nos. 2011-136
through 2011-139, headings read, text waived:
A. RESOLUTION NO. 2011-136, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING CERTAIN SECTIONS OF
CHAPTER 10 (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE
(Director of Finance/Treasurer, Assistant City Manager/Director of Development
Services, Director of Public Works and Fire Chief)
B. RESOLUTION NO. 2011-137, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING CERTAIN SECTIONS OF
CHAPTER 11 (ENGINEERING) OF THE CITY'S MASTER FEE SCHEDULE
(Director of Finance/Treasurer, Assistant City Manager/Director of Development
Services, Director of Public Works and Fire Chief)
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PUBLIC HEARINGS (Continued)
C. RESOLUTION NO. 2011-138, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING CERTAIN SECTIONS OF
CHAPTER 14 (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE
(Director of Finance/Treasurer, Assistant City Manager/Director of Development
Services, Director of Public Works and Fire Chief)
D. RESOLUTION NO. 2011-139, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING CERTAIN SECTIONS OF
CHAPTER 15 (FIRE) OF THE CITY'S MASTER FEE SCHEDULE (Director of
Finance/Treasurer, Assistant City Manager/Director of Development Services,
Director of Public Works and Fire Chief)
Councilmember Bensoussan seconded the motion and it carried 5-0.
20. CONSIDERATION OF FISCAL YEAR 2011/2012 LEVY OF ASSESSMENTS AND
COLLECTION AGAINST ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1
THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE MAINTENANCE
DISTRICT NO. 1 (ELMD #1), TOWN CENTRE AND BAY BOULEVARD
MAINTENANCE DISTRICT
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Councilmember Castaneda stated that he would be abstaining from voting on Item 20B out of an
abundance of caution, due to potential property-related conflicts. Councilmember Aguilaz stated
that she would be abstaining from voting on Item 20C out of an abundance of caution, due to
potential property-related conflicts.
ACTION: Mayor Cox moved to adopt the following Resolution No. 2011-140, heading read,
text waived:
A. RESOLUTION NO. 2011-140, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 10, 11,
14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE
DISTRICT NO. 1 (ELMD #1), AND BAY BOULEVARD MAINTENANCE
DISTRICT (Director of Public Works)
Councilmember Castaneda seconded the motion and it carried 5-0.
ACTION: Mayor Cox moved to adopt the following Resolution No. 2011-141, heading read,
text waived:
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PUBLIC HEARINGS (Continued)
B. RESOLUTION NO. 2011-141, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRICT
(Director of Public Works)
Deputy Mayor Ramirez seconded the motion and it carried 4-0-1, with
Councilmember Castaneda abstaining.
ACTION: Mayor Cox moved to adopt the following Resolution No. 2011-142, heading read,
text waived:
C. RESOLUTION NO. 2011-142, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE OPEN SPACE MAINTENANCE DISTRICT NO. 8
(Director of Public Works)
Councilmember Bensoussan seconded the motion and it carved 4-0-1, with
Councilmember Aguilar abstaining.
It was the consensus of the Council to take Item 21 out of order and address it subsequent to Item
25.
21. CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE SECTION
5.02.060 (BUSINESS LICENSE PROVISION) CLARIFYING THE REQUIREMENT
FOR COMPLIANCE WITH FEDERAL LAW
Notice of the heazing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Deputy City Attorney Hawkins presented the item and explained the staff recommendation to
update the subject ordinance and to address the issue of "bath salts" and "spice" that are being
sold within the City limits.
Mayor Cox opened the public heazing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
Police Captain Ficacci commented that the San Diego Neighborhood Mazket Association had
discouraged its members from selling "spice" bath salts, synthetic marijuana and stimulants.
Deputy Mayor Ramirez suggested that the Council send a letter to local retailers, requesting
them to voluntarily remove the items from their shelves. Captain Ficacci responded that a letter
was already drafted by the Police Department in collaboration with San Diego Chief's and
Sheriffls Association and would be sent out to retailers to encourage them to remove the items
from their shelves.
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PUBLIC HEARINGS (Continued)
ACTION: Councilmember Castaneda moved to place the following Ordinance on first
reading, heading read, text waived:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL
CODE SECTION 5.02.060 CLARIFYING THE REQUIREMENT FOR
COMPLIANCE WITH FEDERAL LAW (FIRST READING) (City Attorney)
Councilmember Aguilar seconded the motion and it carried 5-0.
ACTION ITEMS
22. CONSIDERATION OF AMENDING THE CITY'S MOBILEHOME SPACE -RENT
REVIEW ORDINANCE
Deputy Mayor Ramirez asked staff to address his potential conflict of interest on the item. City
Attorney Googins explained that Deputy Mayor Ramirez's residence was located within 500 feet
of a mobilehome pazk. Deputy Attorney Silva stated that based on his research and a Fair
Political Practices Commission advice letter, there was no reasonably foreseeable financial effect
in the matter.
Deputy Mayor Ramirez recused himself from participating on Items 22 and 23 out of an
abundance of caution. He left the dais at 5:13 p.m.
Assistant City Manager/Development Services Director Halbert introduced Senior Project
Coordinator Kurz and Redevelopment and Housing Manager Mills who presented information
about the mobilehome rent review and housing assistance ordinances.
Delfin C. Perena, Chula Vista resident, asked the Council to support the citizens.
Gloria Faunce asked for clazification as to why Deputy Mayor Ramirez was not participating on
the items.
Jerry Fick, Chula Vista resident, requested that Council repeal all rent control.
The following individuals spoke in support of staff's recommendation:
Julie Paule, Temecula resident, representing Western Manufactured Housing Association
Steve Epsten, San Diego resident, representing Lynwood South Mobilehome Pazk
Richard D'Ascoli, representing Pacific Southwest Association of Realtors
Karen Epsten, San Diego resident
Tad Muraoka, Chula Vista resident
Stanton Horiuchi, Chula Vista resident
Roy Muraoka, Chula Vista resident
Luis Cacho, Chula Vista resident, spoke on behalf of his father, Luis J. Cacho, Chula Vista
resident, representing Don Luis Estates
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ACTION ITEMS (Continued)
Randy Terry, Chula Vista resident
Luis Cacho, Chula Vista resident, representing Don Luis Estates
Elizabeth Cacho, Chula Vista resident, representing Don Luis Estates
Daniel Cacho, Chula Vista resident, representing Don Luis Estates
Virginia Teny Jensen, San Diego resident, representing Mobilehome park owners
Amy Epsten, Chula Vista resident representing Lynwood South
John Baldwin, San Diego resident, representing Bayscene Mobilehome Park
Sue Loftin, Esq., Carlsbad resident, representing Chula Vista Park Owners Association
The following individuals spoke in opposition to staff s recommendation:
Margaret Daniels, Chula Vista resident
Kenneth Smith, Chula Vista resident, representing Otay Lakes Mobile Homeowners Association
Sue Chavoya, Chula Vista resident
Irene Bourke, Chula Vista resident
Susan McClure, Chula Vista resident
Penny Vaughn, Chula Vista resident
Jim Matney, Chula Vista resident
Jerilyn Canfield, Chula Vista resident
Lucille Besch, Chula Vista resident
Steve Molski, Chula Vista resident
Paul Umbrell, Chula Vista resident
Alicia DeMasse, Chula Vista resident
Bill Shlegel, Chula Vista resident
Dick McClure, Chula Vista resident
Peter Jensen, Coronado resident, representing Terry Mobile Home Parks, questioned the
reasoning of a minimum fee to relocate mobilehomes and trailers that were already mobile.
Mr. Fick submitted a letter for the record on behalf of Mr. Ty Compton, who was not present at
the meeting.
The following members of the public did not speak, but submitted speaker slips in opposition to
staff s recommendation:
Winona Fontenot, Chula Vista resident
Maria Reyes, Chula Vista resident
Sandra Miller, Chula Vista resident
ACTION: Councilmember Bensoussan moved to place the following Ordinance on first
reading, heading read, text waived:
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ACTION ITEMS (Continued)
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 9.50, THE CITY'S MOBILEHOME
SPACE - RENT REVIEW ORDINANCE TO: 1) UPDATE VARIOUS
ADMINISTRATIVE ITEMS, 2) ADD SECTION 9.50.030 -
ADMINISTRATIVE FEE, AND 3) AMEND SECTION 9.50.077 -
VACANCIES AND RENTS UPON CHANGE OF OWNERSHIP (FIRST
READING) (Assistant City Manager/Director of Development Services)
Councilmember Aguilar seconded the motion and it carved 4-0-1, with Deputy
Mayor Ramirez abstaining.
23. CONSIDERATION OF AMENDING THE CITY'S MOBILEHOME HOUSING
ASSISTANCE ORDINANCE
Jeny Fick, Chula Vista resident, suggested that the item be tabled for further study.
Randy Terry, Chula Vista resident, stated that mobilehome pazks were not on the verge of
closing as may be the case for trailer parks, particularly those in redevelopment areas.
Virginia Terry Jensen, Chula Vista resident, representing mobilehome park owners, commented
on issues related to trailer parks versus mobilehome parks.
Daniel Cacho, Chula Vista resident, representing Don Luis Estates, suggested tabling the item
for further study by staff.
John Baldwin, San Diego resident, commented that the item was unenforceable and suggested
that the item be tabled for further study by staff.
Sue Loftin, Esq., Carlsbad resident, representing Chula Vista Park Owners Association,
suggested that the item be tabled for further study.
It was the consensus of the Council to continue Item 23 to a future date.
A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
9.40 OF THE CHULA VISTA MUNICIPAL CODE AND ADDING SECTION
9.40.040 RELATING TO MOBILEHOME HOUSING ASSISTANCE (FIRST
READING) (Assistant City Manager/Director of Development Services)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING MOBILEHOME CLOSURE ADMINISTRATIVE REGULATIONS
(Assistant City Manager/Director of Development Services)
Mayor Cox recessed the meeting at 9:56 p.m. The meeting reconvened at 10:10 p.m. with all
members present.
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ACTION ITEMS (Continued)
24. CONSIDERATION OF ACCEPTING THE 2011 "CHULA VISTA PUBLIC LIBRARY
STRATEGIC FACILITIES PLAN"
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE 2011 "CHULA VISTA PUBLIC LIBRARY STRATEGIC
FACILITIES PLAN" (Library Director)
Item 24 was continued to a future date.
25. PRESENTATION OF PUBLIC SAFETY SUBCOMMITTEE RECOMMENDATION
REGARDING MEDICAL MARIJUANA DISPENSARIES AND RELATED POLICIES
AND CITY COUNCIL DIRECTION TO STAFF REGARDING NEXT STEPS (City
Attorney, Police Chief, Assistant City Manager/Director of Development Services)
City Attorney Googins provided introductory remarks
Deputy City Attorney Hawkins presented an overview of the Medical Marijuana legal
framework and related issues.
Principal Planner Power presented information on the zoning requirements of medical marijuana
cooperatives in the City of San Diego and County of San Diego.
Police Chief Bejarano spoke in support of the prohibition of medical marijuana dispensazies in
the City.
The following members of the public spoke in support of prohibiting medical marijuana
dispensaries in the City:
Enrique De La Cruz, Chula Vista resident
Lorenzo Higley, La Mesa resident, representing Communities Against Substance Abuse
Frank Zimmerly, Chula Vista resident
Daniel Green, Chula Vista resident, spoke in opposition to prohibiting retail medical marijuana
storefronts in the Ciry.
Councilmember Aguilar spoke in support of staff's recommendation to prohibit dispensaries in
the City. Furthermore, to recognize that cooperatives and collectives aze legal under the
Attorney General's guidelines, and to look at ways to legally allow these establishments to exist
in a manner as envisioned by the guidelines. She then provided the Council with a revised
resolution for discussion and consideration.
Page ]2 -Council Minutes July 12, 2011
DRAFT
ACTION ITEMS (Continued)
Mayor Cox requested, with Council consensus, to direct staff to return to the Public Safety
Subcommittee with a report covering Items 1, 2 and 3 of the proposed resolution, within 180
days:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING CITY STAFF TO IMPLEMENT THE PUBLIC SAFETY
SUBCOMMITTEE RECOMMENDATION REGARDING MEDICAL MARIJUANA
DISPENSARIES AND RELATED POLICIES
1. Prepare and process for final City Council consideration an ordinance (or
ordinances) to accomplish the following:
a. prohibit medical marijuana "dispensaries" (defined as storefront
commercial retail operations) and similar operations;
b. Continue to allow conventional patient/caregiver medical marijuana
distribution (defined as a health clinic, a health care facility, a residential
care facility for persons with chronic, life-threatening illnesses, a licensed
residential care facility for the elderly, and/or a residential hospice or a
home health agency as authorized by Health & Safety Code Section
11362.7(d)(1));
c. Continue to allow medical marijuana delivery service; and
2. Work to develop appropriate regulations for Items l.b and c; and.
3. In accordance with a process and timeline established by City Council, further
consider Medical Marijuana "collectives" or "cooperatives" that operate in
accordance with the 2008 Attorney General's Guidelines by conducting further
public outreach and study to evaluate the extent of community need, impact on
neighborhoods and whether or not there exists an acceptable model of operation
with matching, legally defensible regulations.
Mayor Cox requested, with acceptance by the Public Safety Subcommittee, to bifurcate the
resolution to consider Items 1 and 2 separately from Item 3.
ACTION: Councilmember Aguilar moved to adopt the following Resolution No. 2011-143,
as amended to include Items 1 and 2; remove "storefront" in Item l .a; and remove
"and" at the end of the sentence in Item 2, heading read, text waived:
RESOLUTION NO. 2011-143, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DIRECTING CITY STAFF TO IMPLEMENT
THE PUBLIC SAFETY SUBCOMMITTEE RECOMMENDATION
REGARDING MEDICAL MARIJUANA DISPENSARIES AND RELATED
POLICIES
Page 13 -Council Minutes ~ ~ ~ ~ ~ July 12, 20] 1
DRAFT
ACTION ITEMS (Continued)
1. Prepaze and process for final City Council consideration an ordinance (or
ordinances) to accomplish the following:
a. prohibit medical marijuana "dispensaries" (defined as commercial retail
operations) and similaz operations;
b. Continue to allow conventional patient/cazegiver medical marijuana
distribution (defined as a health clinic, a health care facility, a residential
caze facility for persons with chronic, life-threatening illnesses, a licensed
residential caze facility for the elderly, and/or a residential hospice or a
home health agency as authorized by Health & Safety Code Section
11362.7(d)(1));
c. Continue to allow medical marijuana delivery service; and
2. Work to develop appropriate regulations for Items l.b and c.
Councilmember Castaneda seconded the motion and it carried 4-1, with Deputy
Mayor Ramirez opposed.
ACTION: Councilmember Aguilar moved to adopt the following Resolution No. 2011-144,
as amended to add or "cooperatives" after "collectives" in Item 3, heading read,
text waived:
RESOLUTION NO. 2011-144, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DIRECTING CITY STAFF TO IMPLEMENT
THE PUBLIC SAFETY SUBCOMMITTEE RECOMMENDATION
REGARDING MEDICAL MARIJUANA DISPENSARIES AND RELATED
POLICIES
3. In accordance with a process and timeline established by City Council,
further consider MMJ "collectives" or "cooperatives" that operate in
accordance with the 2008 Attorney General's Guidelines by conducting
further public outreach and study to evaluate the extent of community
need, impact on neighborhoods and whether or not there exists an
acceptable model of operation with matching, legally defensible
regulations.
Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor
Cox and Deputy Mayor Ramirez opposed.
Councilmember Aguilaz requested, with Council consensus, to direct staff to return to the Public
Safety Subcommittee with a report covering Items 1, 2 and 3 above, within 180 days.
Page 14 -Council Minutes July 12, 20] 1
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DRAFT
OTHER BUSINESS
26. CITY MANAGER'S REPORTS
Public Information Officer Position.
This matter was not discussed.
City Manager Sandoval referred to a letter on the dais to the Unified Port District dated July 12,
2011, to request that the California Coastal Commission expedite the processing of the Chula
Vista Bayfront Master Plan so that it can be heard by the Commission at its November 2011
meeting. He then referred to another letter on the dais to Southwestern College, dated July 11,
2011, regarding an overview on Proposition R by the Governing Board of the College, with a
request on behalf of the City, for the Board's consideration of putting both the Eastern and
Western High Education Facilities in Phase II of the Proposition R bond expenditures.
He announced the first of three upcoming senior community forum meetings on July 14'h at the
Norman Park Center, from noon to 2:00 p.m., to receive input from the senior community about
issues with walkability in the City.
27. MAYOR'S REPORTS
A. Consideration of ratification of reappointments to the following boards and
commissions:
First Term
Commission on Aging Jeannine Nash
Board of Ethics Al Sotoa
Resource Conservation Commission Brett Davis
Second Term
Commission on Aging Anthony San Nicolas
Board of Appeals & Advisors Jose Lopez
Board of Ethics Todd Glanz
International Friendship Commission Rebecca Kelley
International Friendship Commission Rufino Roque
Mobilehome Rent Review Commission Samuel Longanecker
Parks & Recreation Commission Guy Chambers
Parks & Recreation Commission Israel Garza
Safety Commission Rodney Caudillo
Veterans Advisory Commission Terry Jensen
B. Consideration of ratification of reappointments to the Youth Action Council:
Page 15 -Council Minutes ~~ ... ~ ~ July 12, 2011
R.~
DRAFT
OTHER BUSINESS (Continued)
Haley Alderete
Bryce Smith
Carina Bravo
Gina Bernacett
John Paul Sotelo
Lauren Benitez
Max Gastelum
Victor Santander
High Tech High Chula Vista
Hilltop High School
Otay Ranch High School
High Tech High Chula Vista
Eastlake High School
Sweetwater High School
High Tech High Chula Vista
Bonita Vista High School
ACTION: Mayor Cox moved to ratify the abovementioned board and commission
reappointments. Deputy Mayor Ramirez seconded the motion and it carried 5-0.
Mayor Cox gave clarification about the inaccuracy by a recently published newspaper article
regarding her signing a document for the Gateway Project without informing the City Council.
She reported that at a recent California Transportation Commission meeting, SANDAG Board
Member, Gary Gallegos had secured $100 million of the $160 million dollars available, towards
funding for the HOV lanes on I-805 that would provide choices for drivers in the South County.
28. COUNCILMEMBERS' COMMENTS
Councilmember Castaneda requested, with Council consensus, a memorandum from the City
Manager with a timeframe for performance audits of City departments. He also asked for a
status report regazding the Advanced Life Support contract.
Councilmember Aguilaz suggested a presentation by staff on the current status of Redevelopment
in the City. Director Halbert responded that a workshop was scheduled for August 4, 2011.
ADJOURNMENT
At 12:05 a.m., July 13`h, Mayor Cox adjourned the meeting in memory of Quintan Stokes to the
next Regular City Council Meeting on July 19, 2011, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Sr. Deputy City Clerk
Page 16 -Council Minutes ~ (( duly 12, 20] ~
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