HomeMy WebLinkAboutcc min 2009/03/17MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March 17, 2009
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 Bensoussan (arrived at 6:03 p.m.), Castaneda,
McCann, Ramirez, and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris,
and Records Manager Pharis
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
INTRODUCTION BY CHULA VISTA VETERANS ADVISORY COMMISSION
CHAIRMAN AND CHULA VISTA VFW POST 2111 COMMANDER BOBBY R.
PRICE, LT. USN (RET) OF CHUCK ANFUSO, VETERANS OF FOREIGN WARS
DISTRICT 1 COMMANDER WHO WILL PRESENT CHULA VISTA FIRE FIGHTER
TIMOTHY S. MEHRER WITH THE `VETERANS OF FOREIGN WARS NATIONAL
FIREFIGHTER OF THE YEAR 2008-2009' AWARD FOR HIS EXEMPLARY
SERVICE TO HIS COMMUNITY
Fire Chief Hanneman introduced Commander Price, who recognized and congratulated
Firefighter Mehrer for receiving this award. Commander Anfuso presented the award to
Firefighter Mehrer.
Mayor Cox announced that the Disabled Veterans of America, Chapter Two presented a check in
the amount of $9,027 to the Chula Vista Veterans Home Support Foundation.
CONSENT CALENDAR
(Items 1-7)
Item 1 was removed from the Consent Calendar, with Deputy Mayor McCann abstaining, and
Item 6 was removed from the Consent Calendaz, with Councilmember Castaneda abstaining due
to the proximity of his residence to the project.
1. This item was removed from the Consent Calendar.
Page ] -Council Minutes March 17, 2009
CONSENT CALENDAR (Continued)
2. A. RESOLUTION NO. 2009-047, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE
PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH OAKWOOD
FOR MARQUIS PHASE 3, AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY
CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY
RECORDER OF THE COUNTY OF SAN DIEGO
B. RESOLUTION NO. 2009-048, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE
PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH SHEA
HOMES FOR AGAVE PHASE 11, AGAVE PHASE 12, AGAVE PHASE 13, CLOVER
PHASE 6 AND MOSAIC PHASE 4, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE
CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY
RECORDER OF THE COUNTY OF SAN DIEGO
C. RESOLUTION NO. 2009-049, RESOLUTION OF THE OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE
PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH
CORNERSTONE COMMUNITIES FOR ANDORRA PHASE 7 AND PALMA AT
ROLLING HILLS RANCH MODEL UNITS, AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING
THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
The City of Chula Vista requires the payment of vazious processing, development impact,
capacity, and in-lieu fees to ensure new development mitigates its impact on public
facilities. The payment of these fees is a substantial commitment for many projects, and
spreading the payment of the fees over an extended period may assist in the development
of projects. In December 2008, members of the development community contacted the
City and requested an extended payment schedule program be considered. The
Ordinance establishing a payment plan was approved by the City Council and became
effective on February 6, 2009. This is the first of several payment plan agreements to be
entered into pursuant to the Ordinance. (Deputy City Manager/Development Services
Director, Public Works Director)
Staff recommendation: Council adopt the resolutions.
3. RESOLUTION NO. 2009-050, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS, AND APPROVING THE THIRD AMENDMENT TO A THREE-PARTY
AGREEMENT WITH ANTHONY J. LETTIERI, FAICP, CONSULTANT, AND
MCMILLIN OTAY RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON
THE EASTERN URBAN CENTER PROJECT
Page 2 - Counci] Minutes March 17, 2009
CONSENT CALENDAR (Continued)
Adoption of the resolution approves the third amendment to a three-party agreement with
Anthony J. Lettieri, FAICP, Consultant, and McMillin Otay Ranch, LLC, Applicant for
consulting services on the EUC. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2009-051, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR
THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S
EMPLOYEE ORGANIZATIONS
The Meyers-Milias-Brown Act as contained in California Government Code sections
3500-3511 provides for the orderly administration of employer-employee relations. It
states that a public agency may adopt reasonable rules and regulations for recognizing
employee organizations and for meeting and conferring with those organizations
regazding wages, hours, and other terms and conditions of employment (Human
Resources Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2009-052, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $87,252 IN
UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS
THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM
FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S
USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2009-2010, 14TH CYCLE,
AND AMENDING THE FISCAL YEAR 2010 WASTE MANAGEMENT AND
RECYCLING BUDGET (4/STHS VOTE REQUIRED)
The California Used Oil Enhancement Act (1999) requires the collection of four cents for
every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
purchase oil. The Act mandates that the California Integrated Waste Management Board
(CIWMB) use a portion of the funds to provide block grants to local governments for
used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead
agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista,
Imperial Beach, National City and Lemon Grove. (Public Works Director)
Staff recommendation: Council adopt the resolution.
6. This item was removed from the Consent Calendar.
Page 3 -Council Minutes March 17, 2009
CONSENT CALENDAR (Continued)
7. RESOLUTION NO. 2009-054, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A TICKET DISTRIBUTION POLICY
Effective Februazy 7, 2009, the Fair Political Practices Commission amended Regulation
18944.1, addressing tickets for admission to entertainment or recreational events
distributed by an agency to, or at the behest of, its officials. The recommended policy is
intended to comply with the new regulation. (Assistant City Manager)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent
Calendaz Items 2, 3, 4, 5 and 7, headings read, text waived. Deputy Mayor
McCann seconded the motion and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. WRITTEN COMMUNICATIONS
Memorandum from Councilmember John McCann requesting excused absences from the
City Council Meetings of Mazch 3, 2009 and Mazch 5, 2009.
Staff recommendation: Council excuse the absences.
ACTION: Mayor Cox moved to excuse the absences. Councilmember Castaneda seconded
the motion and it carried 4-0-1, with Deputy Mayor McCann abstaining.
6. RESOLUTION NO. 2009-053, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD
PREPARATION AND DELIVERY SERVICES AGREEMENT TO ARAMARK
CORRECTIONAL SERVICES, LLC AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The Police Department, with the assistance of the Purchasing Division, has completed the
evaluation of proposals received for Food Preparation and Delivery Services (RFP 04-
08/09) for the Chula Vista Police Department City Jail. Adoption of the resolution
accepts proposals, awazds the agreement to Aramark Correctional Services, LLC and
authorizes the Mayor to execute the agreement. (Police Chief)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to adopt Resolution No. 2009-053, heading read, text waived.
Deputy Mayor McCann seconded the motion and it carved 4-0-1, with
Councilmember Castaneda abstaining.
Page 4 -Council Minutes Mazch 17, 2009
PUBLIC COMMENTS
Tom Picard, San Diego resident, and Landscape Architect, representing the Building Industry
Association (BIA), spoke about the impacts of the economy on the building industry. He
thanked the Council for providing incentives to remain in business, and asked the Council to
work with the BIA to reinvigorate the economy.
James Greco, Encinitas resident, encouraged private and public sectors to work closely together
to help the building industry through its difficult times.
Kim Hosking, San Diego resident, asked the Council to work with the BIA and help builders by
creating more jobs.
Tina Vasquez, San Diego resident, echoed the comments by prior speakers to keep the building
industry going and to retain jobs.
Bob Cummings, Carlsbad resident, representing the BIA, and San Diego Division President for
Barrett American Homes, which recently filed bankruptcy under Chapter 11, thanked the
Council for its proactive efforts with job creation in the building industry, and he urged the
Council to meet with BIA officials to discuss further solutions to bring jobs book to the City.
Laura Hunter, representing Environmental Health Coalition (EHC) stated her opposition to a
letter submitted by Assistant City Manager Tulloch to the California Energy Commission (CEC)
about the proposed MMC peaker plant. She asked the Council to retract the letter.
Reiner Leal, Chula Vista resident, announced a newly formed organization, Chula Vista's Civic
Association, an outreach program for young voters, and he read the association's mission
statement.
Larry Breitfelder, Chula Vista resident, representing the Chula Vista Taxpayers Association,
spoke in opposition to the proposed Proposition A sales tax increase. He asked that community
members on both sides of the measure treat each other with respect. He also stated that the
association could co-host a gathering after the May 5 election to have a dialogue on what to do
after the voters make their decision.
Margazet Tuite, Chula Vista resident, asked the Council to retract the letter to the CEC regarding
the proposed MMC peaker power plant.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
spoke in opposition to the City's letter to the CEC regarding the proposed MMC peaker power
plant, and she asked the Council to retract the letter.
Ed Herrera, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
spoke in opposition to the proposed MMC peaker power plant, and asked that the City retract its
letter to the CEC. He also spoke in opposition to Proposition A.
Page 5 -Council Minutes March 17, 2009
PUBLIC COMMENTS (Continued)
Guillermo Lopez, Chula Vista resident, spoke in opposition to the proposed MMC pecker power
plant.
Carlos Lopez, Chula Vista resident, spoke in opposition to the proposed MMC pecker power
plant.
Diana Vera, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant.
Bibiano Grackman, Chula Vista resident, representing Environmental Health Coalition, spoke in
opposition to the proposed MMC pecker power plant, and asked the Council to retract its letter to
the CEC.
Eazl Jentz, Chula Vista resident, representing the South Bay Forum, spoke in opposition to the
proposed MMC pecker power plant and he asked the Council to send a letter to the CEC stating
that this was the wrong location for expansion of the pecker power plant.
Leticia Ayala, Chula Vista resident, spoke in opposition to the proposed MMC pecker power
plant, and she asked the City to retract its letter to the CEC regazding the power plant.
Bob Bauer, San Diego resident, stated that there is an increased need for energy, and commented
on the City's letter to the CEC about the proposed MMC pecker power plant, and pointed out
that the letter was not a position statement for or against, but clarification of the City's ability to
have flexibility.
Dre-Anna Anderson, asked the Council to sponsor her pazticipation as Chula Vista representative
in the Miss Teen San Diego Pageant.
Isabelle Espino, Chula Vista resident, spoke in opposition to Proposition A.
Mitch Thompson, Chula Vista resident, stated that he was speaking neither for nor against the
proposed MMC pecker power plant, but stated that he had concerns with some of the rationale in
the letter. He applauded the Council on its efforts to create transpazency with its constituents.
He also spoke in support of Proposition A.
City Manager Sandoval stated that the letter to the CEC was not intended to advocate for the
MMC proposal. He then explained the rationale for the letter, stating that clarification was
needed in two azeas: 1) Correct interpretation of the City's zoning laws; and 2) the provision of
mitigation measures to the community if the project were approved by the CEC.
Councilmember Bensoussan requested Council consideration to place the matter of the City's
letter to the CEC on the next Council agenda for discussion.
Councilmember Ramirez spoke in support of the request by Councilmember Bensoussan to place
the matter on an agenda.
Page 6 -Council Minutes Mazch 17, 2009
PUBLIC COMMENTS (Continued)
Councilmember Castaneda commented that the letter did not state a Council position. He agreed
that the matter could be placed on an agenda, but stated that state experts should weigh in on the
discussion.
Councilmember Bensoussan stated for the record, that she was disappointed that the letter to the
CEC was not provided to the Energy Subcommittee.
Mayor Cox suggested that in preparation of an agenda item on the matter, that Councilmember
Castaneda consult with City Manager Sandoval to address his concerns, and those of
Councilmembers Bensoussan and Ramirez.
City Manager Sandoval stated that the matter would be placed on a Council agenda prior to the
CEC meeting on April 13, 2009.
PUBLIC HEARINGS
8. CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020)
OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315
THIRD AVENUE
The applicant is appealing the Chula Vista Redevelopment Corporation decision denying
a conditional use permit for a small recycling center located at 1315 Third Avenue.
TOMRA has requested modifications to its CUP application to address some of the issues
that were the basis for the denial of the CUP by the CVRC. The changes, described in
detail in the report, include moving the recycling center back to its previously approved
location, limiting the hours of operation and providing on-site personnel during all hours
of operation. This item was continued from the meetings of January 27, 2009 and March
3, 2009. (Deputy City Manager/Development Services Director)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S
ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), AND
APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A
SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315
THIRD AVENUE IN THE CITY OF CHULA VISTA
Notice of the heazing was given in accordance with legal requirements.
Director of Planning and Building Halbert provided an overview of the current status of the
conditional use permit application. He stated that the Chula Vista Redevelopment Corporation
had denied the initial permit, but that the applicant had made adjustments since that time. Since
the adjustments were made, he stated that staff recommended that the Council reverse the
decision by the Chula Vista Redevelopment Corporation and approve the permit.
Page 7 -Council Minutes March 17, 2009
PUBLIC HEARINGS (Continued)
Senior Planner Walker provided an explanation of the applicant's request, and recommended that
the Council approve the permit, subject to the conditions in the proposed resolution.
Mayor Cox opened the public hearing
Colleen Daley, Chula Vista resident, spoke in opposition to the conditional use permit, citing
associated issues with homelessness, trash, and stealing in the neighborhood.
Mauricio Chamat, Chula Vista resident, representing Villa Tempra Homeowners Association,
spoke in opposition to the proposed conditional use permit, stating that the area residents'
properties and privacy rights were being violated by the homeless accessing trash for recyclable
items. He encouraged the Council to deny the conditional use permit.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
stated that she was sympathetic to the residents, but the City needed to reach out to businesses.
She stated that if the conditions of the permit were met, the residents' concerns would be solved.
She suggested adding a condition that would require anyone using the recycling center to show
identification.
Reiner Leal, Chula Vista resident, spoke in support of the conditional use permit, but suggested
that the City find solutions to the problems related to the homeless people. He also provided
information related to state mandates for recycling centers to be neaz grocery stores.
There being no further members of the public who wished to speak, Mayor Cox closed the public
heazing.
Joe Perez, Corona resident, representing TOMRA, requested that the Council approve the
conditional use permit.
Discussion ensued regazding the impacts to the residents in this area that were caused by the
homeless population at the recycling center.
Councilmember Castaneda suggested for the future, that staff response and turnazound times for
corrective measures be improved. Furthermore, he requested that staff provide clearer copies of
illustrated documents in their reports to Council. He asked, and staff confirmed, that should the
recycling center be shut down, there would be other avenues for retailers in the azea to pursue in
terms of meeting their recycling requirements.
Councilmember Bensoussan asked staff if the applicant would be a candidate for a short term
permit that could be renewed if no further complaints were received. Director Halbert responded
that ashort-term expiration date could be placed on the permit with Council approval.
Page 8 -Council Minutes Mazch 17, 2009
Mayor Cox asked staff about other ways for the grocery store to meet its recycling requirements.
Environmental Services Program Manager Lynn France responded that reverse vending
machines could be set up.
Mayor Cox noted that this business had been in place since 2004, and that the problems for the
residents in the area had not been addressed by those running the business. She stated that
TOMRA had made some changes to mitigate the problems, but she didn't want the residents to
continue to deal with these issues. She then suggested that the Council consider approval of
staff s recommendation, amended to limit the conditional use permit for 90 days, and if any of
the conditions were not met, that the consequences be swift.
Deputy Mayor McCann stated that the problem was continuous, and that the responsibility was
that of the business, not the area residents.
Councilmember Castaneda stated that he was not convinced that the issues would be resolved in
90 days.
Mr. Perez stated that it was not the recycling center creating the issue of vagrants, but that it was
a citywide problem.
Councilmember Ramirez stated that he did not believe that a 90-day conditional use permit
would resolve the bigger problems.
ACTION: Councilmember Ramirez moved to deny the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S
ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), AND
APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A
SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315
THIRD AVENUE IN THE CITY OF CHULA VISTA
Deputy Mayor McCann seconded the motion.
City Attorney Miesfeld clarified that voting `yes', on the resolution as stated above, and as read
by the City Clerk, would approve the CUP.
Mayor Cox clarified that the motion was to deny the resolution.
Deputy Mayor McCann suggested restating the motion to remove the word `reversing' in the
resolution, to `upholding'.
Councilmember Castaneda suggested two sepazate resolutions, with one to deny the appeal and
one to do the opposite.
City Attorney Miesfeld suggested that the resolution title be amended as follows:
Page 9 -Council Minutes March 17, 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
UPHOLDING THE CHULA VISTA REDEVELOPMENT CORPORATION'S
ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020).
ACTION: Councilmember Ramirez moved to approve the following amended Resolution
No. 2009-103, heading read, text waived:
RESOLUTION NO. 2009-103, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA UPHOLDING THE CHULA VISTA
REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL
USE PERMIT (PCC-08-020)
Deputy Mayor McCann seconded the motion and it carried 5-0.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
City Manager Sandoval gave an update on staff s work with the City of National City staff to
create an memorandum of understanding for processing a development proposal by Sudberry
Properties for a retail site that would include a Lowe's and other businesses.
10. MAYOR'S REPORTS
Ratification of the appointment of Cazl Harry as Development Representative to the
Growth Management Oversight Commission.
ACTION: Mayor Cox moved to ratify the appointment of Carl Harry to the Growth
Management Oversight Commission. Deputy Mayor McCann seconded the
motion and it carried 5-0.
Mayor Cox announced that work between City staff and Congressman Filner regarding several
items on the Omnibus Appropriations bill that was passed by the Senate, had resulted in the
City's receipt of $95,000 towazds renovations to the existing Civic Center Library Veterans
wing, and $237,500 for a light rail corridor study. She also announced the `Sunset Safazi' Nature
Center fundraiser event on March 28, 2009 at 5:00 p.m., and the June 6, 2009 Fun Walk at the
Olympic Training Center with proceeds benefiting the Chula Vista Animal Shelter, Friends of
Recreation, and Chula Vista librazies.
11. COUNCILMEMBERS' COMMENTS
Deputy Mayor McCann spoke about the recent 10-yeaz anniversazy of the Veterans Home
Foundation, and he requested that staff prepare a proclamation for presentation at the upcoming
Veterans Home Foundation Meeting. He talked about his recent naval reserve duty on the USS
Nimitz, and expressed his gratitude of the hospitality by the ship's crew. He spoke about the
opportunity for members of the public to purchase a brick, personalize it, and have it placed on
the Veteran's Walk of Honor. He then stated he was optimistic about the City's future.
Page ] 0 -Council Minu[es March 17, 2009
COUNCILMEMBERS' COMMENTS (Continued)
Councilmember Castaneda announced that he and Councilmember Bensoussan would be holding
a meeting to look at establishing a network of community gazdens on Mazch 18th, 11:00 a.m., in
the City Hall Executive Conference Room, and he invited any interested community members to
attend. He invited any interested volunteers to South Bay Community Services `Day of Service'
event on March 21, 2009. He congratulated the Eastlake High School robotics team on its first
place win at the 2009 regional robotics competition, and announced that anyone interested in
making a donation towards the team's travel to compete in Atlanta, may make a tax deductible
check payable to EEF or Eastlake Robotics, c/o Eastlake Educational Foundation, P.O. Box
210004, CV 92121. He wished everyone a happy St. Patrick's Day. He spoke regarding
Proposition A, and asked the City Attorney to return next week with a resolution for Council
consideration stating the Council's position on having a confirmation by the Chula Vista voters
five years after the sales tax increase was initiated. He asked staff to make a request to the White
House Press Office for an official picture of President Obama to be displayed in a prominent
location in City Hall.
Councilmember Bensoussan requested staff to return to Council with an agenda item to poll the
Council for support of advancement of the Bayfront project, by encouraging the land swap and
moving forward with the environmental impact report process.
A. Councilmember Bensoussan -Request for discussion and direction on Proposed Outline
for Establishment of an Independent Advisory Boazd (Prop A Advisory Committee -
PAAC) to oversee the allocation of funds received from the sales tax increase (Prop A)
assuring that these funds aze spent according to the stated intent of the May 5 ballot
measure and to make recommendations and regular reports to City Council.
Councilmember Bensoussan requested that the Council consider adopting proposed principles
for formation of a Prop A Independent Advisory Committee. She then presented the proposed
principles.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
suggested that the proposed committee be involved with oversight of the City's budget process.
Ed Herrera, Chula Vista resident, representing Southwest Chula Vista Civic Association, stated
that formation of such a committee was a last minute effort to create a cosmetic form of
accountability. He stated that there would be no assurance to the community on how funds from
Prop A would be spent.
Mitch Thompson, Chula Vista resident, spoke in support of the proposed committee, and the
need for transparency throughout the process.
Councilmember Ramirez spoke in support of formation of a Prop A Advisory Committee, and
suggested that the committee be formed prior to the ballot mail-out in April. He suggested
narrowing down the proposed committee principles in order to reach a decision within the next
week..
Page 11 -Council Minutes March 17, 2009
COUNCILMEMBERS' COMMENTS (Continued)
Councilmember Castaneda suggested that the proposed committee look at the budget with
respect to the revenues from Prop A, and if necessazy to determine those revenues, the budget as
a whole.
Deputy Mayor McCann stated that since he was opposed to Prop A, he would be recusing
himself from participation on the matter, and he left the dais at 9:52 p.m.
Mayor Cox suggested that the Council address each principle separately.
It was the consensus of the Council to approve the proposed principles for committee purpose as
amended: 1) Maintenance of vital, at risk, public services; 2) Address infrastructure maintenance
deficiencies; 3) Slowly build up general fund reserves.
Councilmember Ramirez suggested adding language to provide oversight of long term fiscal well
being. There was Council consensus to add a fourth point to indicate that the proposed
committee would recommend to the Council measures that would be taken once reserves were
restored, and at what point the Council could begin to use the reserves.
It was the consensus of the Council to approve the principles for the format of the committee, as
amended: 1) Bottom up committee formation, as opposed to top down; 2) Wide representation
from interest groups and geographical azeas, as well as interested individuals who were not part
of a group; 3) Desirable skill sets (not required) such as familiarity with finance (CPA), planning
infrastructure and budget processes; 4) Members must reside, or work, in a business in Chula
Vista. 5) Broad representation from interest group categories, such as local businesses,
community, workers, educational, professional, seniors, youth, environmental, community
health, public safety, different Chula vista geographical areas;
It was the consensus of the Council to approve the principles for the conduct of meetings as
amended: 1) Meetings held in accordance with Brown Act requirements; 2) Meetings be held
frequently, coinciding with the budget process cycle; 3) The committee should work closely with
the City Manager and Finance Department; 4) Provide quarterly reviews and annual reports to
Council, coinciding with the City Treasurer's financial reports.
The proposed principles for the five year study were to provide the Council with amid-term
report to examine if the sales tax rate should be adjusted, or if the tax increase period should be
shortened, terminated, or continued.
City Attorney Miesfeld stated he could add to the resolution, previously requested by
Councilmember Castaneda, a request for the committee to provide the Council with a report well
in advance of the five-yeaz point for consideration.
City Attorney Miesfeld stated that he would provide a legal opinion regarding the legality of
adjusting the rate or the duration of the tax increase.
Page 12 -Counci] Minutes March 17, 2009
COUNCILMEMBERS' COMMENTS (Continued)
Mayor Cox asked City Clerk Norris to work with Councilmember Bensoussan on the guiding
principles and to place the revised document on the agenda for the March 24, 2009 Council
Meeting.
B. Councilmember Ramirez -Request for consideration to endorse the 2nd Annual
International Friendship Games, to be held May 9, 2009 at Mater Dei Catholic High
School, as a City of Chula Vista event.
Councilmember Ramirez talked about the upcoming event and related activities, stating that no
City funds would be used for the event.
ACTION: Councilmember Ramirez moved to request Council endorsement of the 2nd
International Friendship Games on May 9, 2009. Mayor Cox seconded the
motion and it carved 4-0, with Deputy Mayor McCann absent from the dais.
Mayor Cox recessed the meeting to convene in Closed Session at 10:21 p.m.
CLOSED SESSION
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
I) Felix Espino v. City of Chula Vista, et al., United States District Court, Case No.
OScv2321-WQH (POR);
ACTION: No reportable action was taken on this item.
2) Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court, Case
No. 06 CV 1460 JAH(BLM) and,
ACTION: No reportable action was taken on this item.
3) Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court, Case
No. 07-CV-0462 JLS (BLM)
ACTION: No reportable action was taken on this item.
ADJOURNMENT
At 10:45 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of March 24, 2009 at
6:00 p.m. in the Council Chambers.
Donna R. Norri , C C, City Clerk
Page 13 -Council Minutes March 17, 2009