HomeMy WebLinkAboutcc min 2011/08/09MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 9, 2011
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Aguilar, Castaneda (arrived at 4:33 p.m.),
Ramirez and Mayor Cox
ABSENT: Bensoussan (excused)
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
Rebecca Kelley, Chair, International Friendship Commission, led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
• 100 CENTENNIAL SECONDS - www.chulavistal00.com
Mayor Cox presented a historic perspective of Chula Vista in the 1950s. She announced that the
City's Centennial book was available for purchase, and the author, Stephen Schoenherr, would
be available for autographs at 5:30 p.m. in the Council Chambers lobby.
• INTRODUCTION BY CHAIRPERSON OF THE INTERNATIONAL FRIENDSHIP
COMMISSION REBECCA KELLEY, OF EXCHANGE STUDENTS FROM
ODAWARA, JAPAN, CHULA VISTA'S SISTER CITY: RINA HONGO, CHIKAKO
TATEISHI AND AI HONDA
International Friendship Commission Chair Rebecca Kelley, introduced three visiting exchange
students from Chula Vista's Sister City, Odawara, Japan, and she thanked the host families and
local businesses for welcoming the delegates. Each of the visiting students spoke about their
experiences in Chula Vista. Deputy Mayor Ramirez then presented each of the students with a
gift on behalf of the City.
PRESENTATION BY KELLEY BACON, ANGELICA AGUILAR, AND KERRY
BIGELOW ON THE LEAN PROCESS IMPROVEMENT KAIZEN EVENT FOR THE
PROCESSES INVOLVING WAGEWORKS
Page I -Council Minutes August 9, 2011
SPECIAL ORDERS OF THE DAY (Continued)
Administrative Services Manager Chew introduced
Bigelow who presented information and results of the
WageWorks. Budget and Analysis Manager Aguilaz
objectives.
CONSENT CALENDAR
(Items 1-6)
Senior Human Resources Technician
Process Improvement event involving
explained the results of the event's
APPROVAL OF MINUTES of May 5 and 10, 2011.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Rebecca Jenks, Design Review Board.
Staff recommendation: Council accept the resignation.
ORDINANCE NO. 3202, ORDINANCE OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY OF CHULA VISTA TO PARTICIPATE IN THE
ALTERNATIVE "VOLUNTARY" REDEVELOPMENT PROGRAM, PURSUANT TO
PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE,
SUBJECT TO CERTAIN CONDITIONS AND RESERVATIONS (SECOND
READING AND ADOPTION) (Assistant City Manager/Director of Development
Services)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2011-14, RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE CLOSURE OF RANCHO DEL REY
PARKWAY BETWEEN TERRA NOVA DRIVE AND DEL REY BOULEVARD FOR
THE 32nd ANNUAL ORANGE CRATE DERBY FROM 6:00 A.M. ON SATURDAY,
SEPTEMBER 10, 2011, UNTIL 6:00 P.M. ON SUNDAY, SEPTEMBER 11, 2011,
AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND BONITA VALLEY LIONS CLUB FOR THE DERBY (City
Manager/Communications Coordinator)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2011-155, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT FOR
PAYMENT OF COSTS TO RELOCATE SWEETWATER AUTHORITY FACILITIES
BY AND BETWEEN SWEETWATER AUTHORITY AND THE CITY OF CHULA
VISTA, CALIFORNIA (THIRD AVENUE BEAUTIFICATION FROM "E" TO "H"
STREET) (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Minutes August 9, 2011
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2011-156, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $12,000 FROM GOODRICH
AEROSTRUCTURES AND APPROPRIATING SAID FUNDS TO THE FISCAL
YEAR 2011/2012 BUDGET OF THE PUBLIC WORKS DEPARTMENT (4/STHS
VOTE REQUIRED) (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve Consent Calendar Items 1 through 6, headings
read, text waived. Councilmember Aguilaz seconded the motion and it carried
4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
There were none.
BOARD/COMMISSION/COMMITTEE REPORTS
7. CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
2.28, RELATED TO THE BOARD OF ETHICS
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.28
(BOARD OF ETHICS) OF THE CHULA VISTA MUNICIPAL CODE AND
ADDING SECTIONS 2.28.160 THROUGH 2.28.200 TO SAME (FIRST
READING) (City Attorney via Chula Vista Board of Ethics)
City Attorney Googins introduced Deputy City Attorney Silva and Boazd of Ethics Chair Felicia
Starr, who presented the proposed amendments to Chula Vista Municipal Code (CVMC) Chapter
2.28 -Board of Ethics.
The Council discussed the role of the City Attorney in providing legal advice to the boazd.
Board of Ethics Chairperson Starr stated that it was the determination of the Boazd to retain the
City Attorney as its legal counsel, with the option to utilize outside counsel if a complaint was
filed against the City Attorney.
Mayor Cox recessed the meeting at 6:11 p.m. The meeting reconvened at 6:22 p.m. with all
members present.
City Attorney Googins advised the Council that the City Attorney is the appropriate party to
provide legal counsel to the Board of Ethics, referencing City Charter Section 503, and stated he
would provide a legal memorandum regarding this matter.
Page 3 -Council Minutes August 9, 2011
BOARD/COMMISSION/COMMITTEE REPORTS (Continued)
Deputy Mayor Ramirez suggested an independent review of the interpretation of the Charter
provisions referred to by City Attorney Googins.
There was consensus of a majority of the Council to make the following revisions to the
proposed ordinance:
2.28.030(A)(12) -Code of Ethics -Guiding Principles
Consensus to strike the phrase, "However, they should be mindful that recusal or abstention
should be reserved for actual conflicts or," amending the sentence to read, "City Officials should
avoid an appeazance of a conflict of interest when possible where a good faith determination has
been made by the City Official that recusal or abstention is appropriate."
2.28.030(B)(2) -Code of Ethics -Specific Prohibitions
Consensus of the majority of the Council, with Mayor Cox opposed, to strike the entire section,
which had been proposed to read, "Use his/her position to unduly influence the deliberations or
outcomes of official proceedings, both during and outside of those proceedings, of bodies of
which he/she is not a member, in derogation because of the value of the independent advice of
boards, commissions and other advisory bodies to the public decision-making process."
2.28.050 -Purpose.
Consensus to refer the matter of unique qualifications and disqualifications for eligibility to serve
on the Boazd of Ethics back to staff and the Board of Ethics for further research and proposed
eligibility requirements.
2.28.060(A) -Duties of the Boazd of Ethics
Consensus of the majority of the Council, with Mayor Cox opposed, to strike the words "or
initiate" from the sentence, "To receive or initiate complaints of violations of this chapter."
2.28.060(D) -Duties of the Boazd of Ethics
Consensus to add the words "or other City policies," amending the sentence to read, "To propose
revisions of this chapter or other City policies to assure its continuing pertinence and
effectiveness."
2.28.080(C) -Organization
Consensus to replace the words "City Attorney or his or her appointed representative" with
Board of Ethics or its appointed representative."
Consensus of the majority of the Council, with Mayor Cox opposed, to add the sentence to
2.28.080(C) "The Board of Ethics shall access on-call clerical support."
2.28.120(A) -Complaints -Form
Consensus to refer the matter of a complaint being sworn to under penalty of perjury to the City
Attorney to return with appropriate language, placement, and advice regazding including
language to require a complainant to be forthright about all individuals, including attorneys, who
assisted with the complaint.
Page 4 -Council Minutes August 9, 2011
BOARD/COMMISSION/COMMITTEE REPORTS (Continued)
2.28.120(C)(2) -Complaints -Form
Consensus to add language to use a rotating list to form an ad-hoc committee to review a
complainant's request for confidentiality, to read " On a request for confidentiality, the Board of
Ethics Chair shall use a rotating list to form an ad-hoc subcommittee to review complainants'
request for confidentiality."
2.28.120(C)(2) -Complaints -Form
Consensus to refer to staff to provide further clarification on the definition of "good cause."
2.28.140 Complaint -Prima Facie Review
Consensus to refer to staff to return with advice on, and placement of, additional language to
require that all individuals who have an implication or a role in a complaint be named.
2.28.140(B)(3) Complaint-Prima Facie Review
Consensus to add the following sentence to follow the first sentence, "The list of pre-qualified
investigators shall be selected by the Board of Ethics."
2.28.170(B) -Complaint Procedures-Decision after Hearing on the Merits
Consensus to strike the sentence that reads, "Even though no misconduct is found, if facts have
been revealed and which show a potential for misconduct, then in a sepazate action, the Boazd
may recommend remedial actions to the City Council for appropriate action."
2.28.180(C) -Conflicts
Consensus to add language to read, "Outside counsel shall be appointed by the Board of Ethics
to advise the Board of Ethics regarding a complaint alleging misconduct by the City Attorney."
Consensus to direct staff to review appropriate placement of language to remove the matter of
the role of the City Attorney from the proposed ordinance.
ACTION: Councilmember Aguilar moved to direct staff to incorporate the specific changes in
a draft ordinance to come back for first reading, and to analyze and develop specific
language on the referrals for analysis and consideration by the Board of Ethics, and
return to the Council in 60 to 90 days for first reading of the ordinance. Deputy
Mayor Ramirez seconded the motion and it carved 3-1, with Mayor Cox opposed.
8. CONSIDERATION OF PETITIONING THE CALIFORNIA LEGISLATURE TO BAN
THE SALE AND POSSESSION OF DANGEROUS SYNTHETIC DRUGS
Councilmember Castaneda introduced the item.
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011-
157, heading read, text waived:
RESOLUTION NO. 2011-157, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA PETITIONING THE CALIFORNIA LEGISLATURE
TO ADOPT AND AMEND CURRENT BILLS TO BAN SALE AND
POSSESSION OF DANGEROUS SYNTHETIC DRUGS (Public Safety Council
Subcommittee)
Councilmember Aguilar seconded the motion and it carved 4-0.
Page 5 -Council Minutes August 9, 2011
BOARD/COMMISSION/COMMITTEE REPORTS (Continued)
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
City Manager Sandoval commented on the success of the City's partnership with community
volunteers for the Buff-a-Block graffiti removal program. He commented on the success and
economic benefits to the City of the recent Junior Olympic Triathlon championships held in the
City.
10. MAYOR'S REPORTS
Mayor Cox made the following announcements:
- In support of the Citys "Buff-a-Block" program, through a grant funded by the Home
Depot Foundation, applications would be accepted through mid-September for twenty
$500 Home Depot gift cards to purchase supplies for local neighborhood projects.
- The Chula Vista Centennial book could be purchased at the City Hall Centennial Office
and through the City's centennial website at www.chulavistal00.com.
- Discount Padre tickets could be purchased at www.padres.com/promo, with proceeds
benefiting the Centennial events.
11. COUNCILMEMBERS' COMMENTS
Deputy Mayor Ramirez commented on his recent attendance at the memorial for San Diego
Police Officer David Hall, and he extended his condolences to the family of Officer Hall. He
announced a new HBO television special about one of his recent Public Office Hours meetings
featuring "Super Heroes".
Councilmember Aguilar expressed her gratitude and appreciation for the men and women who
protect and serve our communities.
ADJOURNMENT
At 8:20 P.M., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on
August 16, 2011, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Sr. Deputy City Clerk
Page 6 -Council Minutes August 9, 2011