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HomeMy WebLinkAboutcc min 2007/08/14 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 14,2007 6:00 P.M. A Regular 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 (arrived at 6:06 p.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Jose Lopez, Board of Appeals and Advisors Sharon Harmon, Nature Center Board of Trustees City Clerk Bigelow administered the oaths to Jose Lopez and Sharon Harmon, and Deputy Mayor Rindone presented each with a certificate of appointment. . PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING DR. DENNIS DOYLE FOR HIS DEDICATION TO A SUCCESSFUL POLICE/SCHOOL DISTRICT PARTNERSHIP Mayor Cox read the proclamation, and Councilmember McCann presented it to Dr. Doyle. Police Chief Emerson and Dr. Lowell Billings, Superintendent, Chula Vista Elementary School District, recognized and thanked Dr. Doyle for his involvement with the City, community and school district. Mayor Cox then recognized members of City Manager Garcia's family, who were present at the meeting. His son Cole said he was present to earn his citizenship in the community merit badge for the Boy Scouts. . PRESENTATION OF MASTER MUNICIPAL CLERK DESIGNATION TO LORI ANNE PEOPLES, SENIOR DEPUTY CITY CLERK, BY KAY VINSON, MMC, CITY CLERK'S ASSOCIATION OF CALIFORNIA, LEGISLATIVE DIRECTOR AND CITY CLERK OF MURRIETA SPECIAL ORDERS OF THE DAY (Continued) Kay Vinson, City Clerk of Murietta and Legislative Director of the City Clerks Association of California, recognized Ms. Peoples' achievements in attaining her Master Municipal Clerk designation and presented a certificate to her. City Clerk Bigelow also recognized Ms. Peoples for her accomplishment and presented her with a Master Municipal Clerk pin. · INTRODUCTION BY AYA IBARRA, CHAIRPERSON OF THE INTERNATIONAL FRIENDSHIP COMMISSION, EXCHANGE STUDENTS FROM ODA W ARA, JAPAN HIROAKI MURA Y AMA, NORIE CHOKKI, REIKA MUGISHIMA, RUl KUROGOUCHI, AND CHULA VISTA EXCHANGE STUDENTS TROY A. HARMON, LETICIA DIAZ, SASHA RAMOS, AND JENNIFER CALDERON Chair Ibarra thanked the Council for its support of the exchange program. Each of the students then spoke briefly about their experiences. Leticia Diaz and Sasha Ramos were not present at the meeting. CONSENT CALENDAR (Items I through II) Mayor Cox announced that Item 8 would be removed from the agenda at the request of the City Attorney. Councilmember Ramirez asked to pull Items 6 and 7 from the Consent Calendar for discussion. 1. RESOLUTION NO. 2007-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE RETENTION AGREEMENT FOR LEGAL SERVICES WITH FOX & SOHAGI, LLP, AND AUTHORIZING PAYMENT OF $9,262.40 TO FOX & SOHAGI, LLP FOR LEGAL SERVICES In 2004, the City entered into a retention agreement with Fox & Sohagi, LLP, for legal services in connection with the environmental impact report for the General Plan update. Adoption of the resolution approves a second amendment to the retention agreement for legal services between the City and Fox & Sohagi, LLP, authorizing payment of $9,262.40 for legal services. (City Attorney) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2007-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS WITH SAN DIEGO IMPERIAL COUNTIES LABOR COUNCIL Adoption of the resolution authorizes the City Manager to execute Community Development Block Grant contracts that were awarded on April 4, 2006. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes August 14, 2007 CONSENT CALENDAR (Continued) 3. A. RESOLUTION NO. 2007-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION Of L STREET OBTAINED BY THE CITY THROUGH RELINQUISHMENT Of HIGHWAY RIGHT-Of-WAY PER DOCUMENT NO. 74-202931, RECORDED JULY 29, 1974 B. RESOLUTION NO. 2007-214, RESOLUTION Of THE CITY COUNCIL Of THE CITY OF CHULA VISTA DECLARING A PORTION OF CITY-OWNED L STREET LYING ADJACENT TO THE PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD AS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221 (e)(2)(C) C. RESOLUTION NO. 2007-215, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SALE OF A PORTION Of CITY-OWNED L STREET TO THE OWNER Of THE ADJACENT PROPERTY LOCATED AT 910 INDUSTRIAL BOULEVARD, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE SALE The owner of property located at 910 Industrial Boulevard has requested to purchase a portion of City-owned slope lying between his property, Interstate 5 to the west, L Street to the north and Industrial Boulevard to the east. The area is a slope and a part of the L Street right-of-way that was acquired by relinquishment from the California Department of Transportation. It currently serves as lateral support for L Street as it rises going west to cross the freeway. In order to sell this land, the Council must first vacate the public access rights and declare the vacated portion as exempt surplus land. (Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION 2007-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY Of CHULA VISTA APPROPRIATING $49,903.50 FROM THE AVAILABLE FUND BALANCE OF THE TRAFFIC SIGNAL FUND FOR THE CITY SHARE OF TRAFFIC SIGNAL INSTALLATION COSTS AT MAIN STREET AND AUTO PARK PLACE AND AUTHORIZING THE DIRECTOR OF FINANCE TO REIMBURSE THE DEVELOPER (4/5THS VOTE REQUIRED) In 2003, the City approved the development of an auto park and other auto-related businesses by Hooper Knowlton on the north side of Main Street at Auto Park Place (Auto Park North). In 2004, the City approved an auto park development by Sunroad Enterprises on the south side of Main Street, directly across from Auto Park North (Auto Park East). As a result of these developments, a new traffic signal was needed at the intersection of Main Street and Auto Park Place. Adoption of the resolution appropriates funds from the City's traffic signal fund for the City's share to signalize the four-legged intersection. Sunroad Enterprises initially paid the full cost of the traffic signal project with an understanding that reimbursements would follow from the City and the developer of Auto Park North upon completion of the traffic signal project. (Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes August 14,2007 CONSENT CALENDAR (Continued) 5. A. RESOLUTION NO. 2007-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR PROPOSED ASSESSMENT INCREASES FOR OPEN SPACE DISTRICT NOS. 3; 7; 9; 20 ZONES 2, 4, AND 7; 23; AND EASTLAKE MAINTENANCE DISTRlCT NO.1 ZONES A AND D B. RESOLUTION NO. 2007-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING MAINTENANCE WORK AND THE LEVY AND COLLECTION OF ASSESSMENTS ON OPEN SPACE DISTRlCT 20, ZONE 4 (BUSINESS CENTER) On May 22,2007, the Council authorized the preparation of an engineer's report in order to initiate the Proposition 218 ballot process to consider an increase to assessments in nine of 36 existing open space districts/zones because the estimated cost for service requirements was anticipated to exceed the amount of revenue that could be generated by current maximum assessments. On June 5, 2007, in accordance with Proposition 218 requirements, the Council approved the engineer's report, the mailing of a notice and ballot, and set the public hearing to be followed by a tabulation of the assessment ballots. The public hearing was conducted on August 7, 2007, and tabulation of the assessment ballots occurred on August 8, 2007. Approval of the resolutions declares the results of the ballot tabulation and orders the levy and collection of assessments in the one district/zone where the requested increase was approved (District 20, Zone 4). (Assistant City Manager/City Engineer) Staff recommendation: Council adopt the resolution. 6. This item was removed from the Consent Calendar for discussion by Councilmember Ramirez. 7. This item was removed from the Consent Calendar for discussion by Councilmember Ramirez. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A WARDING A RECORD DIGITIZA TION SERVICES CONTRACT TO ANA COMP, INC. AS THE LOWEST TOTAL BID FOR REQUESTED SERVICES, AND DIRECTING THE MAYOR TO EXECUTE THE AGREEMENT The requested digitization services contract will assist the Planning and Building Department, and any other City department needing the services, to archive permanent City records in digital format, in a format compatible with the City Clerk's records retention standards. Having conducted a competitive bid process, adoption of the resolution awards the contract, which ensures the City will receive the services at very competitive rates. (Planning and Building Director) Staff recommendation: The item be removed from the agenda. Page 4 - Council Minutes August 14, 2007 . l.-'----.--.~ ~ CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2007-221, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY P ARKW A Y ON SEPTEMBER 8 AND 9, 2007, FOR THE ORANGE CRATE DERBY The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting permission for temporary street closure of Rancho Del Rey Parkway on September 8 and 9,2007 to conduct their 28th Annual Orange Crate Derby. (Police Chief) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2007-222, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A NEW COUNCIL POLICY CREATING THE YOUTH ACTION COUNCIL, RESCINDING RESOLUTION NUMBER 7170, AND RESCINDING COUNCIL POLICY NUMBER 110-05 PERTAINING THE YOUTH ADVISORY COMMISSION Staff identified issues with the current structure of the Youth Advisory Commission and recommended that the Commission be allowed to expire and then be reconstituted entirely under a new Council Policy as the Youth Action Council. The Youth Action Council is being established to increase the number of high school students who have an opportunity to perform community service, gain first -hand experience in local government, and become informed stakeholders in the community. (Office of the Mayor) Staff recommendation: Council adopt the resolution. II. RESOLUTION NO. 2007-223, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $2,500 TO THE CITY FROM WELLS FARGO BANK FOR SPONSORSHIP OF "THE ULTIMATE OPEN HOUSE ICE CREAM SOCIAL" AND DEPOSITING THE FUNDS INTO THE CHULA VISTA CENTENNIAL DEPOSIT ACCOUNT TO BE USED FOR COSTS ASSOCIATED WITH THE EVENT Wells Fargo Bank wishes to donate $2,500 to the City to sponsor the costs associated with The Ultimate Open House Ice Cream Social that the Mayor and Council will be hosting on August 18, 2007. This is the kick-off event for Chula Vista's centennial celebration coming up in 2011. Adoption of the resolution accepts the funds to be deposited to the Chula Vista centennial deposit account and designates the funds to be used for associated event costs. (Office of the Mayor) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Rindone moved to approve staffs recommendations and offered Consent Calendar Items 1 through 5 and 9 through 11, headings read, texts waived, with Item 8 removed from the agenda. Councilmember McCann seconded the motion, and it carried 5-0. Page 5 - Council Minutes August 14,2007 ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION NO. 2007-219, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $28,515 AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Fire Department received donations in the amount of $28,515 from community donors to fund repairs and maintenance of equipment and to support the department's annual awards and recognition program. Adoption of the resolution accepts the donations and appropriates the funds to the Fire Department's services and supplies budget. (Fire Chief) Staff recommendation: Council adopt the resolution. Counci1member Ramirez asked, and Fire Chief Perry confirmed, that no general fund money would be used to restore the departments' 1916 classic Seagrave Fire Engine. ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No. 2007-219, heading read, text waived. Councilmember Castaneda seconded the motion, and it carried 5-0. 7. RESOLUTION NO. 2007-220, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION FISCAL YEAR 2007/2008 (STL-340)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $1,795,603.66 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On August 8, 2007, the General Services Director received sealed bids for the project. The work consists of the application of slurry seal pavement coats on various pavement locations in the City, and also includes the preparation and application of crack-filler, removal/replacement of failed pavement, striping, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. (General Services Director) Staff recommendation: Council adopt the resolution. Councilmember Ramirez asked why only two bids were received. General Services Director Griffin replied that bid packets were sent to six potential contractors, but only two responsive bids were received. Councilmember Ramirez encouraged staff to seek ways to solicit more participants in the bidding process in the future. ACTION: Deputy Mayor Rindone moved to approve staffs recommendation and offered Resolution No. 2007-220, heading read, text waived. Councilmember Castaneda seconded the motion, and it carried 5-0. Page 6 - Council Minutes August 14, 2007 ..~ PUBLIC COMMENTS Phil Magnan, representing Biblical Family Advocate, stated he was disturbed about the Police Department's participation in the recent Gay Pride Parade. He stated that participation was endorsement, and he implored the Council to reconsider the City's guidelines and policies in regard to permitting the City to participate in such events. Bill Tripp, Chair of the Planning Commission, thanked City Manager Garcia and staff for assisting with translation services and police support at a recent Planning Commission meeting, stating that their timeliness, effectiveness and professionalism aided him in conducting an effective meeting. PUBLIC HEARINGS 12. CONSIDERATION OF APPROVAL FOR FIRE PREVENTION'S FIRE CODE INSPECTION AND FIRE SAFETY ENGINEERING FEE AMENDMENTS, CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE The Fire Department has completed a review of its current fee structure and is recommending changes to the master fee schedule. The proposed changes include both updates to existing fees, and the implementation of new fees. The fees were last updated in August of 2004. (Fire Chief) 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. Fire Marshall Gipson presented the master fee schedule update. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember McCann spoke of the need to ensure a good business climate and look at how the City is spending funds before increasing fees, especially with respect to families, day care, churches and small businesses. ACTION: Councilmember Castaneda moved to adopt Resolution Nos. 2007-224 and 2007- 225, headings read, texts waived: A. RESOLUTION NO. 2007-224, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE CODE INSPECTION FEES B. RESOLUTION NO. 2007-225, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE UPDATING FIRE SAFETY ENGINEERING FEES Deputy Mayor Rindone seconded the motion, and it carried 4-1 with Councilmember McCann voting no. Mayor Cox requested that staff review the fees on a regular basis using the consumer price index or comparisons with other cities. Page 7 - Council Minutes August] 4. 2007 PUBLIC HEARINGS (Continued) 13. CONSIDERATION OF APPROVAL FOR A ZONING MODIFICATION (PCZ 06-06) TO CHANGE THE EXISTING ZONE CLASSIFICATION FROM R-3 P-9, APARTMENT RESIDENTIALIPRECISE PLAt\, NINE DWELLING UNITS PER ACRE TO ILP, LIMITED INDUSTRIAL/PRECISE PLAN, FOR A LO-ACRE PARCEL LOCATED AT 696 NAPLES STREET - HEALTH ADVANCES, USA The request is for a zoning modification to change the existing R-3 P-9 zone (apartment residential/precise plan with nine dwelling units per acre) to the ILP zone (limited industrial/precise plan), for a one-acre site located at 696 Naples Street. A vitamin manufacturing company, Health Advances USA, occupies the site. Modification of the zone designation and adoption of precise plan development standards will make the current land use conform with the industrial land use designation and policies of the General Plan. (Planning and Building Director) 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. Associate Planner Zumwalt presented the proposed project. Mayor Cox opened the public hearing. Mayor Cox commented that in the past, area residents and schools experienced unpleasant odors from a fertilizer plant located in the proposed area. She asked what protections the community would have should the vitamin packing plant cease to exist and another fertilizer plant want to locate on the site. Mr. Zumwalt responded that a list of prohibited uses was listed in the staff report. Councilmember Castaneda stated that the recommended change in zoning would provide too many opportunities for objectionable and undesirable industrial uses in an area that is primarily residential and educational. Mayor Cox questioned the legitimacy of allowing the proposed vitamin packaging plant to remain as a non-conforming use in the R3 zone. Planning and Building Director Sandoval responded that there might be legal non-conforming issues in maintaining the use if the re-zone were not passed, and the City would have a difficult time getting the applicant to invest in the property without the zone change designation. Mayor Cox asked about the opportunity for the City to look at current uses that are objectionable in close proximity to the school and residences. Director Sandoval responded that staff was reviewing the zoning code, looking for sections that caused issues to applicants who wished to invest in the community, as well as areas of potential impacts to the City and residents. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Page 8 - Council Minutes August 14,2007 - -~-_.__._--_._-~ 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 THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING A ONE ACRE PARCEL LOCATED AT 696 NAPLES STREET FROM R-3 P-9, APARTMENT RESIDENTIAL, PRECISE PLAN, NINE DWELLING UNITS PER ACRE, TO ILP, LIMITED INDUSTRIAL, PRECISE PLAN, AND ADOPTING PRECISE PLAN STANDARDS (FIRST READING) Deputy Mayor Rindone seconded the motion, and it carried 5-0. 14. CONSIDERATION OF APPROVAL OF A SECTIONAL PLANNING AREA PLAN FOR PLANNING AREA TO INCREASE THE ALLOWABLE SQUARE FOOTAGE OF THE OTAY RANCH TOWN CENTER General Growth has applied to amend the FC-I area of the Freeway Commercial Sectional Planning Area Plan to allow an additional 93,000 square feet for up to 960,000 square feet of floor area in the Otay Ranch Town Center. (Planning and Building Director) 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. Principal Planner Rosaler presented the proposed SPA Amendment. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt Resolution No. 2007-226, heading read, text waived: RESOLUTION NO. 2007-226, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OT A Y RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN FOR THE OTAY RANCH TOWN CENTER Councilmember Ramirez seconded the motion, and it carried 5-0. At 7:56 p.m., Mayor Cox recessed the meeting. The meeting reconvened at 8:07 p.m., with all members present. Page 9 - Council Minutes August 14, 2007 ACTION ITEMS 15. CONSIDERATION OF APPROVAL OF A TWO PARTY AGREEMENT FOR CONSULTING SERVICES FOR MANAGEMENT OF A FIRST TIME HOMEBUYER DOWN PAYMENT AND CLOSING COST ASSISTANCE PROGRAM Community HousingWorks submitted a proposal on June 29, 2007, in reference to a request for proposals released on May 29, 2007, to provide consulting services to manage a first-time homebuyer down payment and closing cost assistance program funded through the HOME Investment Partnership Program (HOME). (Acting Community Development Director) Finance Director Kachadoorian provided an overview of Issues associated with home foreclosures in the community and their impacts on the City. Deputy Mayor Rindone asked staff to provide an updated status report on foreclosures in six to eight weeks. Housing Manager Mills presented the homeownership assistance program. Sue Reynolds, representing Community HousingWorks, discussed the assistance program being offered to the community and encouraged the Council to get the word out about a free clinic to help with mortgage problems, to be held on September 12,2007, from 10:00 a.m. to 2:00 p.m., at the MAAC Charter School, 1385 Third Avenue, Chula Vista. Deputy Mayor Rindone suggested that Community HousingWorks consider offering educational assistance to senior economics classes at area high schools to inform them about the organization's community outreach efforts. He offered assistance to Ms. Reynolds in making the necessary contacts with the schools. Councilmember Castaneda suggested that the outreach be broadened to include the areas in the City that have been hardest hit by foreclosures. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-227, heading read, text waived: RESOLUTION NO. 2007-227, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSULTING SERVICES BETWEEN COMMUNITY HOUSINGWORKS AND THE CITY OF CHULA VISTA TO ADMINISTER THE FIRST TIME HOMEBUYER DOWNP A YMENT AND CLOSING COST ASSISTANCE PROGRAM Councilmember Ramirez seconded the motion, and it carried 5-0. At 8:50 p.m., Mayor Cox recessed the City Council and convened the Redevelopment Agency. At 9:01 p.m., Mayor Cox reconvened the City Council, with all members present. Page 10 - Council Minules August 14, 2007 -~ ACTION ITEMS (Continued) 16. CONSIDERATION OF REVISIONS TO THE CAMPAIGN CONTRIBUTION ORDINANCE The City Council voted to form an ad hoc committee on the campaign contribution ordinance to review the existing law and ensure it is meeting the needs of the people of Chula Vista, and to bring forward suggestions regarding proposed changes as needed. (City Attorney/City Clerk) John Moot, representing the ad hoc subcommittee, stated that he had been informed that someone believed he had a conflict in serving on the committee. He recommended that the item be removed from the agenda, a replacement for his position on the committee be sought, and the committee then re-visit the issues from the beginning. Mayor Cox said she spoke with John Riess, an attorney formerly with the City of San Diego, who agreed to replace Mr. Moot, should there be Council consensus to do so. Mayor Cox then recommended that the item be tabled and the Council consider reforming the committee with a new member to replace Mr. Moot, with the understanding that the committee move forward as expedititiously as possible. Councilmember Castaneda stated that the proposed ordinance was complex and opposite of what was originally requested by the Council, which was to clarify the existing ordinance. He stated he would only support a clarification of the existing ordinance and would not support giving a special interest group the ability to give a candidate more than the maximum contribution limit. He recommended that the new ad hoc committee start over with the direction that they only clarify and tighten the existing rules. Mayor Cox suggested that direction be given to the City Attorney's Office to work with the new committee and prepare strike-out/underline versions of suggested changes, with the intent of making the ordinance clear and addressing some commonly asked questions. Councilmember Ramirez opposed reconstituting the ad hoc committee, stating that some of the proposed changes were not desirable and could have unintended consequences. Furthermore, the Attorney's Office should be tasked with clarifying the ordinance, and then the subcommittee could be tasked with compiling a booklet of commonly asked campaign-related questions and answers. Mayor Cox stated that the public should participate in discussions regarding clarification of the ordinance. Councilmember Castaneda suggested that the City Attorney's Office provide an analysis of the ordinance to determine inconsistencies and flaws; return to the Council in a couple of weeks with an opinion about what the ordinance does, including restrictions related to candidates and campaign donors; and the Council then discuss whether or not further mechanisms such as a subcommittee needed to be established. Page 11 - Council Minutes August 14, 2007 ACTION ITEMS (Continued) Deputy Mayor Rindone stated that the two issues to be addressed were clarification of the existing ordinance and creating a level playing field among candidates for campaign fund nllsmg. Mayor Cox suggested that the City Attorney analyze the ordinance, the Council convene a new ad hoc committee, and the matter come back to the Council as soon as possible. Councilmember Castaneda stated he would like a more systematic approach by tasking the Attorney's Office to do the analysis and bring it back to the Council, and then have the Council convene an ad hoc committee for further deliberation on the issues. Councilmember McCarm stated that the goal was to provide the ability for anyone to have a clear understanding of the ordinance, and he requested that the Council be provided adequate time to review all material related to the analysis of the ordinance. ACTION: Councilmember Castaneda moved to direct the City Attorney's Office to provide an analysis of the current ordinance; clarify the proposed language that would clarify the intent of the existing ordinance, which may include fixing inherent inconsistencies with respect to the intent of the existing ordinance; and to add no new provisions to the ordinance, unless it provides consistency and clarification. Councilmember Ramirez seconded the motion, and it carried 5-0. OTHER BUSINESS 17. CITY MANAGER'S REPORTS City Manager Garcia mentioned the upcoming joint meeting of the Council and the Chula Vista Redevelopment Corporation on September 4, 2007, at 6:00 p.m. in the Council Chambers, to discuss the City's redevelopment program. 18. MAYOR'S REPORTS Mayor Cox stated that tickets for the ice cream social on August 18, 2007, were still available. She also indicated that applications for the Citizens Leadership Academy would be accepted until August 20, 2007, and further information was available through the City's website. A. B. C. ACTION: Ratification of appointment of Duane Bazzel to the Growth Management Oversight Commission. Ratification of appointment of Stan Canaris to the Growth Management Oversight Commission. Ratification of appointment of Bertha Lopez to the International Friendship Commission. Mayor Cox moved to ratify the appointments of Duane Bazzel and Stan Canaris to the Growth Management Oversight Commission and Bertha Lopez to the International Friendship Commission. Councilmember McCarm seconded the motion, and it carried 5-0. Page 12 - Council Minutes August 14, 2007 OTHER BUSINESS (Continued) 19. COUNCIL COMMENTS Councilmember Castaneda reported that the City received notification that National Geographic Magazine would be doing a story on the Endangered Species Act at the Chula Vista Nature Center. He added that the Nature Center would welcome its one-millionth visitor on August 16, 2007. Deputy Mayor Rindone congratulated the Third Avenue Village Association and Chula Vista Chamber of Commerce for the well-attended Lemon Festival. He also expressed condolences to the family of Marilyn Lassman, who recently passed, stating that Ms. Lassman was a community giver and leader. He asked that the meeting be adjourned in her loving memory. The Council recessed to Closed Session at 10:07 pm. CLOSED SESSION 20. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Clerk ACTION: Direction was given to the City Clerk. ADJOURNMENT At II: IS p.m., Mayor Cox adjourned the Council in memory of Marilyn Lassman to an Adjourned Regular Meeting on August 16, 2007, at 6:00 p.m. in the Executive Conference Room in City Hall; and thence to an Adjourned Regular Meeting on September 4, 2007, at 6:00 p.m. in the Council Chambers; and thence to the Regular Meeting of September 11,2007, at 6:00 p.m. in the Council Chambers. The Adjourned Regular Meeting of September 6,2007, was cancelled. ...------- . Lorraine Bennett, CMC, Deputy City Clerk Page 13 - Council Minutes August 14,2007