HomeMy WebLinkAboutcc min 2007/11/06
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 6, 2007
4:00 P.M.
A Regular Meeting of the City Council of the City of ChuIa 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: Castaneda, 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
. INTRODUCTION BY NATURE CENTER DIRECTOR BEINTEMA, OF EMPLOYEE
OF THE MONTH, TINA MATTHIAS, SENIOR OFFICE SPECIALIST
Nature Center Director Beintema introduced employee of the month Tina Mathias. Mayor Cox
read the proclamation and Councilmember Ramirez presented it to Tina.
. INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS
MANUEL SALAZAR, JESSICA SEVERANCE, ANDREA LONGORIA, AGUSTIN
RODRIGUEZ, AND RESERVE OFFICER PAUL GElS
Police Chief Emerson introduced the recently hired Police Officers and Reserve Officer Geis.
. OATHS OF OFFICE
Neil S. Wright, Commission on Aging
Krisopher Austin, Child Care Commission
City Clerk Bigelow administered the oath of office to Commissioners Wright and Austin, and
Councilmember Castaneda presented them with certificates of appointment.
. PRESENTATION BY MAYOR COX OF A PROCLAMATION PROCLAIMING
WEDNESDAY, NOVEMBER 7, 2007 AS LAW ENFORCEMENT RECORDS AND
SUPPORT PERSONNEL DAY
Captain Wedge introduced the representatives of the Police Departments' Records and Support
personnel. Mayor Cox read the proclamation and Councilmember McCann presented it to the
group.
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION BY MAYOR COX OF PROCLAMATIONS COMMENDING
CAPTAIN NANCY OWEN, USN (RETIRED), AS SAN DIEGO COUNTY'S 2007-
2008 VETERAN OF THE YEAR, AND NAVY LIEUTENANT BOBBY R. PRICE AS
THE CITY OF CHULA VISTA'S 2007 VETERAN OF THE YEAR
Mayor Cox displayed certificates from numerous regional agencies, commending and
recognizing the City for its commitment to Veterans affairs, and Deputy Mayor Rindone spoke
about honoring Veterans. Mayor Cox then read the proclamations and Deputy Mayor Rindone
presented them to Captain Nancy Owen, USN, and Navy Lieutenant Bobby Price.
· PRESENTATION BY SENIOR COMMUNITY DEVELOPMENT SPECIALIST DO
OF DOWNTOWN PARKING DISTRICT MANAGEMENT STUDY
Councilmember Castaneda stated he would be recusing himself from the item, due to property he
owns in the Downtown Parking District, and left the Council Chambers.
Senior Community Development Specialist Do gave a presentation on the Downtown Parking
District Management Study.
Councilmember Castaneda returned to the Council Chambers.
CONSENT CALENDAR
(Items I through 12)
Mayor Cox announced that Item No.8 was removed from the Consent Calendar for discussion
by members of the public. Deputy Mayor Rindone requested that Item Nos. 1,23,6 and 12 also
be removed for comment and discussion.
I. This item was removed for discussion.
2. This item was removed for discussion.
3. This item was removed for discussion.
4. RESOLUTION NO. 2007-256, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE "SIDEWALK REPLACEMENT AT V ARIOUS LOCATIONS WITHIN THE
CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2008-JY065N (CIP
#GTSW08)" PROJECT TO MJC CONSTRUCTION IN THE AMOUNT OF $63,379,
WAIVING COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE
OF ALL A V AILABLE FUNDS IN THE PROJECT
On October 10, 2007, the General Services Director received sealed bids for the project,
which was included in the budget to remove and replace curbs, gutters, sidewalks, and
driveways displaced by differential settling, tree roots, etcetera, on various City streets.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes
November 6, 2007
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CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2007-257, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE II, PORTIONS OF
NEIGHBORHOODS MU-I AND R-19
On November 14, 2006, the City Council approved Final Map No. 15479 consisting of
Otay Ranch Village II Neighborhoods MU-I and R-19. That Map resulted in one
commercial lot (Lot 3), one mixed-use lot (Lot 2), one residential condominium lot (Lot
I) and three lettered open space lots along Eastlake Parkway. Adoption of the resolution
approves the Final Map for portions of neighborhoods MU-I and R-19, ofOtay Ranch
Village II, which will result in two condominium lots, although one lot will be used for
affordable housing and rented for the foreseeable future. (Engineering and General
Services Director)
Staff recommendation: Council adopt the resolution.
6. This item was removed for discussion.
7. RESOLUTION NO. 2007-258, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING FISCAL YEAR 2006/2007 BUDGET IN
ACCORDANCE WITH THE BUDGET TRANSFER
For government entities, a budget creates a legal framework for spending during the
fiscal year. After the budget is approved, there are circumstances which arise that could
require adjustments to the approved budget. At the close of each fiscal year, the Finance
Department reviews all departmental and fund budgets to ensure that the fund budget and
the departmental summary budget categories (Personnel Services, Supplies and Services,
Other Expenses and Capital) have not been exceeded. (Finance Director)
Staff recommendation: Council adopt the resolution.
8. This item was removed for discussion.
9. RESOLUTION NO. 2007-260, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF
CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE
DOWNTOWN FARMERS MARKET FROM 2:00 P.M. TO 8:30 P.M. ON
THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO
CONDITIONS OF APPROVAL AND WAIVING THE BUSINESS LICENSE FEE
REQUIREMENT FOR VENDORS PARTICIPATING IN THE DOWNTOWN
FARMERS MARKET
Adoption of the resolution would provide a two-year extension, allowing the Downtown
Farmers Market to continue in its current location until December 31,2009, and waive
the business license fee requirements for vendors participating in the Downtown
Farmers Market. (Redevelopment Executive Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes
November 6, 2007
CONSENT CALENDAR (Continued)
10. RESOLUTION NO. 2007-261, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION
TO THE SAFE ROUTES TO SCHOOL PROGRAM FOR STATE FUNDS TO
IMPROVE PEDESTRIAN FACILITIES AT CASTLE PARK ELEMENTARY
SCHOOL, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS
THEREFOR
The pedestrian facilities serving Castle Park Elementary School students are in need of
significant improvements. To improve the main school routes along Hilltop Drive and
Oxford Street, and minor streets within a quarter mile radius, an array of traffic calming
and pedestrian facilities have been recommended to complement street and sidewalk
work being done with Housing and Urban Development loan funds and at least one
already approved assessment district. The City proposes to apply for State of California
Grant funding from the Safe Routes to School Program to help fund the project.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION NO. 2007-262, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TERMINATING THE CALIFORNIA PUBLIC ENTITY
INSURANCE AUTHORITY JOINT POWERS AGREEMENT
In 2006, the City Council approved the Joint Powers Agreement creating the California
State Association of Counties Excess Insurance Authority, a statewide insurance pool
and purchasing group. The requested resolution will dissolve the California Public
Entities Insurance Authority that was made obsolete by the Excess Insurance
Authority's creation. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
12. This item was removed for discussion.
ACTION:
Councilmember McCann moved to approve staff recommendations and offered
the balance of the Consent Calendar, headings read, texts waived. Deputy Mayor
Rindone seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of September 4, 2007,
the Regular Meetings of September II, 18 and 25, 2007, the Adjourned regular Meeting
of October 2,2007, and the Regular Meeting of October 2,2007.
Staff recommendation: Council approve the minutes.
Deputy Mayor Rindone stated that he would be abstaining from voting on the minutes of
September 11,2007 and September 18,2007, as he was not present at the meetings, and
requested a correction on the September 18, 2007 minutes to reflect an "excused" absence.
Page 4 - Council Minutes
November 6, 2007
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION:
Deputy Mayor Rindone moved to approve staff recommendation and offered Item
No. I, heading read, text waived. Mayor Cox seconded the motion and it carried
5-0, except for the meetings of September 11, 2007 and September 18, 2007
which carried 4-0-1, with Deputy Mayor Rindone abstaining due to his absence
from the meetings.
2. ORDINANCE NO. 3084, ORDINANCE OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (SECOND READING)
Adoption of the ordinance amends both Miscellaneous and Safety contracts between the
Board of Administration of the California Public Employees' Retirement Board
(CaIPERS) and the City of ChuIa Vista to provide Section 20903 - Two Years Additional
Service Credit, as well as approve a medical incentive program for eligible employees.
The ordinance was first introduced on October 16, 2007. (Human Resources Director)
Staff recommendation: Council adopt the ordinance.
3. URGENCY ORDINANCE NO. 3085-A, URGENCY ORDINANCE OF THE CITY OF
CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (4/5THS VOTE REQUIRED)
Adoption of the ordinance amends both Miscellaneous and Safety contracts between the
Board of Administration of the California Public employees' Retirement Board
(CaIPERS) and the City of Chula Vista to provide Section 20903 - Two Years Additional
Service Credit, as well as approve a medical incentive program for eligible employees
and would go into effect immediately upon adoption. (Human Resources Director)
Staff recommendation: Council adopt the urgency ordinance.
Deputy Mayor Rindone requested Item Nos. 2 and 3 be taken concurrently. He then stated that
he initially had concerns regarding the proposed amendments, but after discussions with staff, it
appeared that the proposed Two Years Additional Service Credit, and medical incentive program
for eligible employees, would not be saddling the City with long term funding increases, and
therefore he would be registering a vote in support of the items.
Councilmember Castaneda stated that he too was initially opposed to the recommendations by
staff on the items with respect to the fiscal impact, but based upon further information he had
received, he would support the items.
ACTION:
Deputy Mayor Rindone moved to approve staff recommendations and offered
Ordinance No. 3084 and Urgency Ordinance 3085-A, headings read, texts
waived. Mayor Cox seconded the motion and it carried 5-0.
Page 5 - Council Minutes
November 6, 2007
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
6. FISCAL YEAR 2006/2007 ANNUAL FINANCIAL STATUS REPORT
This report is provided in order to meet the City Charter requirement of publishing the
City's Combined Statement of Revenues, Expenditures and changes in Fund Equity in
the local newspaper within 120 days of the close of the fiscal year. The statement was
published in the October 26th issue of The Star-News, which is the City's adjudicated
newspaper of general circulation. (Finance Director)
Staff recommendation: Council accept the report.
Deputy Mayor Rindone spoke with reference to the Comprehensive Annual Financial Report
(CAFR), and questioned when staff would be providing the subject analysis and response to
Council. Finance Director Kachadoorian responded that staff would be bringing forth a
presentation in January 2008, that would include an analysis. Deputy Mayor Rindone requested
that the CAFR include an analysis on the Fire Department overtime costs in order to mitigate
those funding concerns.
ACTION:
Deputy Mayor Rindone moved to accept the report. Councilmember Castaneda
seconded the motion and it carried 5-0.
8. RESOLUTION NO. 2007-259, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CALVARY
CHRISTIAN ACADEMY FOR THE ACADEMY'S USE OF COTTONWOOD PARK
FOR SCHOOL ACTIVITIES DURING THE TIME AND DAYS SCHOOL IS IN
SESSION
Calvary Christian Academy has requested use of Cottonwood Park to hold some of its
physical education classes and sports practices during the current school year. In turn,
the City has requested use of the Academy's parking lot as overflow parking from the
Park during non-school hours. Both the Academy and the City have informally used
each other's facilities for the last two years and adoption of the resolution, which
approves a Memorandum of Understanding, will formalize this "unwritten agreement."
(Public Works Director, Recreation Director)
Staff recommendation: Council adopt the resolution.
Parks and Recreation Director Martin provided an overview of the use of Cottonwood Park for
school activities.
Public Works Director Byers informed Council that City staff had been monitoring the park use,
and reported no impacts on the condition of the turf.
Wes Anderson, representing Calvary Christian Academy spoke III support of the proposed
resolution, and thanked Council for their support of the agreement.
Page 6 . Council Minutes
November 6, 2007
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Bill South, representing Calvary Christian Chapel, spoke in support of the proposed resolution
and the benefits the agreement would provide to those citizens utilizing the park facilities.
Wendy Berryhill, a Chula Vista resident, spoke in support of the proposed agreement and
thanked the Council for their consideration ofthe proposed resolution.
James Thomas spoke about complaints by a select few homeowners in the VICInity of
Cottonwood Park who were complaining about the students of the Academy using the park for
sports practices. He challenged those residents to show proof that use of the park by the students
was a detriment to the surrounding area. He stated that the sports teams cleaned up after
themselves, there were no loud boom boxes, and the Academy students presented themselves in
a responsible marIner. Mr. Thomas then spoke in support of the proposed resolution, stating it
would be a blessing to the area and a positive influence to the community.
Dan Sherwood expressed opposition to the use of the park by the Calvary Christian Academy
stating that this was a slippery slope to eventual approval of the Calvary High School, which he
believed much of the community was opposed to. He stated that based upon the current informal
agreement between the City and the Academy, community members may utilize the Calvary
Church for overflow parking, which was patently untrue, as there were tow signs at the entrance
to the church parking with no indication of any authorization for public parking. Further, he felt
that for one entity to get the perception of exclusive use of the park during the daytime through a
memorandum of understanding was unfair. Parks and Recreation Director Martin responded that
staff was working on verbiage for signage. Additionally, he stated that there was an ongoing
understanding between the City and the Academy to permit access to the parking lot during
specified daytime hours.
Bill South, of Calvary Christian Chapel, responded to the concerns by Mr. Sherwood, stating that
the purpose of the current signage was to provide the church the ability to remove those vehicles
that may be parked abstractly and not utilizing the church or the park. He stated that Calvary
Chapel and the City were working together to establish agreeable signage to limit liability
between both parties.
Councilmember Ramirez requested that modified signage for the church parking area be made
abundantly clear to give the community full benefit of the parking lot. He also stated that wear
and tear of the park needed to be monitored.
Councilmember McCann stated he believed the proposed agreement would provide a win-win
for all parties involved. He then recommended that staff work with the Academy to consider
their participation in the City's Adopt a Park program.
Deputy Mayor Rindone stated that the signage for the parking needed to be more reflective of
what would be formalized, and requested a staff memorandum once this issue was decided. He
then spoke of the need for set procedures for access to the park by the public, and asked staff
about assurances on how public access would be maintained during daylight hours. Public
Works Director Byers advised that any members of the public doubtful of their access to the
park, should contact the City's Public Works Dispatch at 619/397-6000, and an employee would
be immediately dispatched to the location.
Page 7 - Council Minutes
November 6, 2007
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION:
Deputy Mayor Rindone moved to approve the staff recommendation and adopt
Resolution No. 2007-259 as amended to include verbiage on the signage for the
parking lot to be more reflective of what would be formalized and a procedure be
established for access to the park by the public. Councilmember McCann
seconded the motion and it carried 5-0.
12. RESOLUTION NO. 2007-263, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REQUEST FROM THE CHULA VISTA
HIGH SCHOOL BAND AND PAGEANTRY CORPS AND THE CHULA VISTA
SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE
12TH ANNUAL BAND REVIEW AND AUTHORIZING TEMPORARY STREET
CLOSURES AND WAIVING FEES FOR POLICE SERVICES
The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct
an organized band review on Saturday, November 10, 2007. (Police Chief)
Staff recommendation: Council adopt the resolution.
Deputy Mayor Rindone requested that staff notify the Chula Vista High School Band and
Pageantry Corps that as a result of the recent proposed citywide budget adjustments, the City's
financial contribution for next year's event would be cut.
ACTION:
Deputy Mayor Rindone moved to approve staff recommendation and offered
Resolution No. 2007-263, heading read, text waived. Councilmember McCann
seconded the motion and it carried 5-0.
PUBLIC COMMENTS
Bob White, Chula Vista resident, stated he was pleased to know that the City's Fire Department
first responders would not be slated for cuts as part of the citywide budget reductions. He then
congratulated the Council and thanked them for their support of Veterans and Veteran activities.
As outgoing Veteran of the Year for the City, he stated it was an honor to represent the City and
County on various Veteran activities.
Nick Aguilar, ChuIa Vista resident, spoke about the $308 Million dollars dedicated for
infrastructure of the Gaylord Project, and expressed concern that $ 130 million dollars of the
funding was slated for the Gaylord Conference Center that would be controlled by a private
corporation in the best interests of Gaylord, not the City. Further, that he believed the tax
increments generated by Gaylord would be utilized exclusively for Gaylord projects, to the
exclusion of other needs in the redevelopment areas of the City, including schools, and he
wished to raise the Council's awareness about his concerns. Mayor Cox responded that staff
would be willing to set up an appointment to discuss the matter with Mr. Aguilar.
Page 8 - Council Minutes
November 6, 2007
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PUBLIC COMMENTS (Continued)
Annelise Cohon, representing "Best Buddies Organization", stated that their non-profit
organization was dedicated to enhance the lives of people with intellectual disabilities, and that
the organization currently had programs in three local high schools. She asked the Council for
their support to further expand the mission of the organization, and offered the following contact
information: \vww.bestbuddiescalifornia.org. or www.bestbuddies.org..
Erendira Abel, representing "A Women's Wellness Center", stated that the Center was a local
non-profit organization offering support groups for cancer patients and their families, as well as
fitness and health programs, and asked for support by the community of the wellness program.
Sharon Floyd, representing "A Women's Wellness Center", stated she was pleased to discover
all that the Center had to offer, including alternative holistic approaches to wellness that had not
previously been offered in the community. She asked for the City's support of the Center.
Cassandra Countryman, representing "A Woman's Wellness Center" asked for the Council's
support of this much-needed facility in the South Bay, and spoke of the many beneficial
resources offered by the Center.
Mathew Kastrinsky, representing SEIU Local 221, Chula Vista Employees Association, asked
the Council to have a full complete review of the City's budget for next year, and bring together
City staff, employees and residents to look for true cost savings, and eliminate duplication of
services and possible personnel cuts. He stated that the process needed to be transparent, and
asked the Council to form a task force immediately to begin the process, and to have all involved
in the process prior to next fiscal year.
Item No. 13 was taken out of order and discussed prior to Item No. 12.1.
ACTION ITEMS
13. CONSIDERATION OF AN ORDINANCE AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTER 2.52 REGARDING CAMPAIGN CONTRIBUTIONS
On August 14, 2007, the City Council directed the City Attorney to return to Council
with a report outlining the ambiguities with the existing Campaign Contribution
Ordinance and recommend changes to clarify the existing ordinance. The City
Attorney's Office presented their report on September 25, 2007. At that meeting, the
City Council voted to approve several policy changes to the existing ordinance, and
directed the City Attorney's Office to incorporate those changes into the existing
ordinance and return with a revised ordinance for first reading. They also requested the
City Attorney respond to several questions, and prepare a draft ordinance for first reading
and present it to a reconstituted Campaign Contribution Ad Hoc Committee. The Ad
Hoc Committee met in two noticed public meetings and has provided a report that is
incorporated in this staff report for Council review. (City Attorney)
Page 9 - Council Minutes
November 6, 2007
ACTION ITEMS (Continued)
Deputy City Attorney Dawson informed the Council that as a result of the continuation of the
item after its first reading on September 25, 2007, due to the fires, that should the Council
approve the second reading of the proposed ordinance, its effective date would be December 13,
2007. She then gave a brief presentation on the following five policy directions of the Council at
their meeting of September 25, 2007: I) Use "single election contest" as the benchmark to
define campaign contribution limits; 2) remove the ability of candidates to suspend or lift the
$300 contribution limit and the loan limit when opponent uses personal funds; 3) lower the loan
limit from $20,000 to $5,000; 4) research specific provisions to make them consistent with the
Political Reform Act; and 5) incorporate all other proposed clarifications set forth in the draft
ordinance presented in the City Attorney report on September 25,2007.
Deputy City Attorney Dawson then responded to the following questions and direction given to
staff by the Council, at the Council Meeting of September 25,2007:
1) Statute of Limitations - relation to criminal prosecution, one year (Penal Code and
Municipal Code, OR four years (Political Reform Act). She stated that with reference to
page 13-84 of the staff report, the Council would need to make a determination on this.
Related to Civil Actions, the Political Reform Act provides a four-year statute of
limitations and related to Administrative Actions, the Political Reform Act provides for a
five-year statute oflimitations, with a tolling period for concealment.
2) Regarding Criminal and Civil intent provisions, the Political Reform Act uses
"knowingly" or "willfully", and those provisions were incorporated on page 13-85 of the
staff report to be consistent with the Political Reform Act. For civil or administrative
actions, the Political Reform Act uses the language of "intentional" or "negligent", also
incorporated into the proposed ordinance (page 13-85 of the staff report). Regarding
page 13-86 of the staff report, Section 2.52.150 (D), Ms. Dawson stated that if it were the
intent of the Council to be consistent with the Political Reform Act, then staff would
recommend to incorporate the language into the proposed ordinance.
3) With reference to the question by Council as to what period of time is allowed by the
Political Reform Act for the return of prohibited contributions without violation, Ms.
Dawson stated that the Political Reform Act does not set a specific period of time for the
return of contributions, that contributions may be returned "at any time." However, there
is a sixty-day window for return of unverified contributions. In order to remain
consistent with the Political Reform Act, Ms. Dawson stated that staff had placed the
sixty-day window in the provision, which was broader than what the current ordinance
provides.
Ms. Dawson then presented additional clarifying provisions as follows: I) Section 2.52.020 (C):
Need to insert effective date: 30 days after second reading - December 13, 2007; 2) Section
2.52.030 (F): City Clerk requested a definition be added to clarify meaning of "same City
Elective Office"; 3) Section 2.52.030 (M): Added Political Reform Act as defined term; 4)
Section 2.52.050 (A): Council request for additional clarification to make clear that personal
Page 10 - Council Minutes
November 6, 2007
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ACTION ITEMS (Continued)
loans are personal funds "with the intent to receive repayment of those funds"; 5) Section
2.52.060(A): Grammatical clarification added to be clear that notice must be provided prior to
expenditure or contribution of personal funds; 6) Section 2.52.060 (A): Notice provision was
clarified based on Council direction, that once a candidate contributes $5,000 per single election
contest, all additional contribution above that threshold must be noticed.
Mr. John Reiss, representing the Ad Hoc Committee for the Campaign Contribution Ordinance,
briefly summarized some of the points discussed by the committee.
Mayor Cox spoke with reference to Section 2.52.080 (B) I., recommending for clarification, that
the line be continued, to read: "... to repay contributions including loans to oneself, up to a
maximum of$5,000".
Councilmember Ramirez spoke in support of the proposed amendments with the exception of the
standard of the term "negligently", as referenced on page 13-85 of the staff report, and requested
it be removed.
Deputy Mayor Rindone spoke with reference to page 13-69 of the staff report, a memorandum
from Ad Hoc Committee member Michael German, Section II, Item I, recommending in
addition to review of the proposed ordinance, a separate Campaign Advice Section within the
Clerk's Office be established, and publication of an enhanced Candidates' Information
Handbook. Deputy Mayor Rindone requested that the recommendation be brought back in
concept at the second reading of the proposed ordinance. Furthermore, that staff also bring back
at the second reading of the ordinance, some place to provide information to the candidates about
appeal rights.
Mayor Cox referenced the following substantive changes in the proposed Ordinance for
consideration and discussion by Council: Page 13-74, reference to the 60-day grace period; page
13-76, reference to the definition of the Political Reform Act; page 13-78, insert under loans, "
with the intent to receive payment of those funds"; page 13-80, extension of to repay
contributions to include "including loans to oneself up to a maximum of $5,000"; and page 13-
84, a decision by Council whether or not criminal prosecution for violations of this chapter must
be commenced within one year or four years. Regarding criminal prosecution for violations, it
was the consensus of the Council that the item read as follows: criminal prosecution for
violations of this chapter must be commenced within one year after the date on which the
violation occurred."
Michael German, representing the Ad Hoc Committee on Campaign Contribution Ordinance,
stated he would be willing to serve on the handbook drafting committee. He then gave his
comments on points discussed by the committee.
It was the consensus of the Council to approve the proposed ordinance changes up to Section
2.52.150, and the definitions of "knowingly", "willfully", "intentionally", and "negligently".
It was the consensus of the Council to maintain the "negligently" standard as referenced on page
13-85 ofthe staff report, Section 2.52.150, Penalties.
Page 11 - Council Minutes
November 6, 2007
ACTION ITEMS (Continued)
ACTION:
Mayor Cox moved to place the Ordinance on first reading, heading read, text
waived, as amended to provide one year for criminal prosecution for violations of
the chapter; and to direct staff to present concepts at the time of second reading,
on how to provide candidates with a question/answer handbook, a forum to
receive answers to their questions, and an explanation of any appeal rights.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING CAMPAIGN CONTRIBUTIONS (FIRST READING)
Councilmember Castaneda seconded the motion and it carried 5-0.
At 6:40 p.m., Mayor Cox announced a brief meeting recess. The meeting reconvened at 7:06
p.m. with all members present. Item 12.1 was addressed at this time.
CONTINUATION OF BUDGET WORKSHOP
12.1 Review of Proposed Budget Reduction Plan
a. Consideration of Budget Proposals 138 through 195
Staff recommendation: Council discuss the proposals and provide direction to staff.
City Manager Garcia provided a recap of the ongoing proposed citywide budget reductions.
Councilmember Castaneda announced that he would be abstaining from voting on budget line
item numbers 158, 190, and 194, since the items involved potential budget amendments and
were located within 500 feet of his residence.
Michael O'Connor, representing Local 221/CVEA, presented a recommended proposal to the
Council for consideration, which he believed would address the citywide budget issues for the
current fiscal year.
Richard Preuss, representing CVEAlSEIU spoke regarding their proposal, stating that the focus
was to ensure provision of services with quality employees to the City, while still meeting the
budget shortfalls.
Terry Strauwald, representing CVEA, asked the Council to study the CVEA report in order to
solve the budget problems short-term, and then come back prior to the next budget cycle, to
further study each line item and seek solutions jointly.
Patti McKelvey, representing McMillin Realty, spoke in support of removal of Item No. 143
(Special Events Planner) from the cut list.
Page 12 - Council Minutes
November 6, 2007
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CONTINUATION OF BUDGET WORKSHOP (Continued)
Joaquin Zuniga, a City employee with the Wastewater Division, stated that although the division
was currently short-staffed, the employees continued to work hard to accommodate the needs of
the City. He expressed concern about speculation that the proposed budget cuts would include
elimination of the employees' cost ofliving increases for next year.
Ken Thiltgen, representing CVEA requested that recognition be given to the many Public Works
employees who worked behind the scenes during the recent fires by providing essential support
to safety personnel and other services. He then suggested that it would be prudent for the
Council to review the proposed CVEA proposal.
Charles Schrader, City Custodian representing CVEA asked the Council to consider placing less
emphasis on the City's spending, and look to seek ways to increase revenues, bring down home
foreclosures, and encourage relocation of people to the City. He stated that Council should be
thinking outside the box and not making cuts that would affect personnel cuts.
Raoul Carrillo, one of two Painters for the City's Construction and Repair Division, stated that
they perform their jobs with care, professionalism and pride. He stated that he could not
understand how the only two Painter positions in the City could be slated for elimination, and he
asked the Council for their consideration on the matter.
The City Council then resumed discussions on the remaining proposals still to be considered in
the Citywide Budget Reduction Plan.
The City Council concurred to remove the following items from the Fiscal Year 2007/2008
Budget Reduction Plan as listed by rank number:
141 - One Painter
143 - Special Events Planner
146 - Police Agent, Property Crimes
148 - Police Agent, Property Crimes
151 - Two Gardener 1/11, Parks Supervisor, and related equipment
152 - One Street Maintenance Crew, and associated equipment
153 - Police Department Public Information Officer
155 - One Tree Trimmer
158 - Closure of Veterans, Parkway, Otay and Montevalle Centers, as well as the
Parkway Gym on Sundays
At 9:04 p.m., Mayor Cox announced a recess of the Council Meeting. The meeting reconvened
at 9:21 p.m. with all members present.
At this time, City Manager Garcia informed the Council that the proposed budget cuts
recommended by the Council to this point, would be sufficient to balance the current budget
should it be the desire of the Council to cease further proposed recommended budget reductions.
ACTION:
Councilmember McCann moved to cease further discussions of the budget
reductions, and to direct the City Manager to move forward and balance the
budget. Deputy Mayor Rindone seconded the motion and it carried 3-2, with
Councilmembers Castaneda and Ramirez voting no.
Page 13 - Council Minutes
November 6, 2007
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
There were none.
15. MAYOR'S REPORTS
A.
Ratification of the appointment of Tom Money - Local Business Owner - for his
knowledge of and Perspective with local history to the member position of
Historian, on the Historic Preservation Advisory Committee.
B.
Ratification of the appointment of Paul Johnson - Architect - for his historic
architectural experience to the member position of Architect, on the Historic
Preservation Advisory Committee.
ACTION:
Mayor Cox moved to approve the appointment of Tom Money and Paul Johnson
on the Historical Preservation Advisory Committee. Deputy Mayor Rindone
seconded the motion and it carried 5-0.
16. COUNCIL COMMENTS
Councilmember McCann spoke with reference to Item 12.1, stating he supported many of the
celebrations that take place in the City, and was hopeful that staff would work with the agencies
and the private sector to seek alternative funding methods to continue the events.
A. COUNCILMEMBER MCCANN
Scripps Hospital Expansion
Councilmember McCann requested the understanding by the City Manager and staff, that when
Scripps comes to the City with their expansion plans, it be a top priority, noting that the planned
expansion would ultimately provide revitalization to the area, and additional jobs and revenue to
the City.
Deputy Mayor Rindone spoke about his Onion A ward to the City for the loss of construction of a
Home Depot facility on Moss and Third Avenue, which he felt would have cleaned up the
neighborhood and provided a positive service, particularly to the Southwest portion of the City.
Deputy Mayor Rindone then spoke about his two Orchid Awards to the Citizens Adversity
Support Team (CAST), and the Beautification Awards. He talked about his attendance at the
recent CAST banquet and the critical services provided by its members, which included personal
counseling and support to citizens in times of need during emergency situations. He
congratulated the organization on its 14 years of service to the citizens of Chula Vista. He then
congratulated the City for its Beautification A wards that honor various categories in the
community, and he congratulated the Otay Ranch Town Center for their award in the
commercial division. He also thanked City staff, local organizations, and the citizens for their
participation in the Beautification awards event.
Page 14 - Council Minutes
November 6, 2007
_J
COUNCIL COMMENTS (Continued)
Councilmember McCann stated that he also attended the CAST banquet and Beautification
Awards, and concurred with the comments by Deputy Mayor Rindone.
Councilmember McCann recognized Director of Conservation and Environmental Services
Meacham on the recent Solar Tour event. He stated that Chula Vista had always been a leader
on environmental issues, and that he would be showcasing his home on the upcoming solar tour,
exhibiting the benefits of solar panels.
The Council adjourned to Closed Session at 9:44 p.m.
CLOSED SESSION
Closed session was cancelled and the following items were not discussed:
17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
. Agency designated representatives: Management Team
. Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups
18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Three cases
19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Christian Morales v. City ofChula Vista, et al. United States District Court, Case No.
07CVOl86JM (WMc);
Concerned Citizens ofChula Vista v. Kimco Realtv. et al. San Diego Superior Court
Case No. GIC 862773;
Jack Gechter v. City of Chula Vista, San Diego Superior Court Case No. GIS22609
ADJOURNMENT
At 9:45 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of November 13,2007
at 6:00 p.m. in the Council Chambers.
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Lorraine Bennett, CMC, Deputy City Clerk
Page 15 - Council Minutes
November 6, 2007