HomeMy WebLinkAboutcc min 2009/09/01 Jt HAMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND THE
HOUSING AUTHORITY OF THE CITY OF CHULA VISTA
September 1, 2009
4:00 P.M.
A Regular Meeting of the City Council and the Housing Authority of the City of Chula Vista
was called to order at 4:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, and Mayor
Cox
ABSENT: McCann (Military Leave)
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Raymond Salazar led the Pledge of Allegiance, which was followed by a moment of silence in
memory of Los Angeles County firefighters Captain Tedmund Hall of San Bernardino County,
and Firefighter Specialist Arnaldo "Arnie" Quinones of Palmdale.
SPECIAL ORDERS OF THE DAY
• OATH OF OFFICE FOR NEWLY APPOINTED POLICE CHIEF, DAVID
BEJARANO, TO BE ADMINISTERED BY ESPERANZA BEJARANO
Mrs. Esperanza Bejarano administered a ceremonial oath of office to Chief Bejarano.
• OATH OF OFFICE FOR AL SOTOA, BOARD OF ETHICS
City Clerk Norris administered the oath of office to Mr. Sotoa, and Councilmember Bensoussan
presented him with a certificate of appointment.
• INTRODUCTION BY DAVE HANNEMAN, FIRE CHIEF, OF EMPLOYEE OF THE
MONTH, RAYMOND SALAZAR, FACILITY AND SUPPLY SPECIALIST
Chief Hanneman introduced employee of the month, Raymond Salazar. Mayor Cox then read
the proclamation and Deputy Mayor Ramirez presented it to Mr. Salazar.
• PRESENTATION BY MARGARET KAZMER, LIBRARY DIRECTOR, OF THE
CHULA VISTA PUBLIC LIBRARY'S SUMMER READING PROGRAM
HONOREES FOR 2009
Page 1 -Council Minutes September 1, 2009
SPECIAL ORDERS OF THE DAY (Continued)
Library Director Kazmer introduced Principal Librazian Loney, and Senior Librarians Taylor and
Whatley, who talked about the summer reading program. Senior Librarian Taylor reported that
there were 3,174 children and 240 teens who participated in the summer reading program, and
she then introduced and recognized each of the program honorees.
PRESENTATION BY SAN DIEGO GAS & ELECTRIC OF $375,000 TO SUPPORT
THE DEVELOPMENT OF A PARK ON THE WEST SIDE OF CHULA VISTA
Mr. Duane Cave, representing San Diego Gas & Electric, presented the Council with the check.
CONSENT CALENDAR
(Items 1-11)
Items 9 and 10 were removed from the agenda, and were not discussed.
APPROVAL OF MINUTES of Apri128, 2009, May 5, 2009, and May 12, 2009.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 3136, ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC
PLAN (PCM 00-11) FOR 4.46 ACRES AT THE NORTHWEST CORNER OF THE
INTERSECTION OF "H" STREET AND THIRD AVENUE (SECOND READING
AND ADOPTION)
Adoption of the ordinance amends the existing Gateway Chula Vista Specific Plan,
which regulates land use fora 4.46-acre site, in order to allow educational and training
uses, modify provisions for temporary and accessory uses, and make other miscellaneous
amendments. The 4.46-acre site is located at the Northwest corner of Third Avenue and
"H" Street. This ordinance was introduced on August 11, 2009. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION NO. 2009-203, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "ROBINHOOD RANCH UNIT II, SEWER PUMP STATION
IMPROVEMENTS (SW256)" TO CLEAR SOLUTION ENVIRONEERING, INC., IN
THE AMOUNT OF $232,626.50, AND AUTHORIZING THE EXPENDITURE OF
ALL AVAILABLE FUNDS IN THE PROJECT
On July 29, 2009, the Director of Public Works received sealed bids for this project. The
work to be done consists of the removal and disposal of existing improvements,
construction of a pump station building facility and wet-well structures. The work also
includes all labor, material, equipment, transportation, protection, and restoration of
existing improvements necessary for the project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Minutes September 1, 2009
CONSENT CALENDAR (Continued)
4 A. RESOLUTION NO. 2009-204, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRANT DEED CORRECTORY DEED
FOR EXCESS RIGHT-OF-WAY ADJOINING STATE ROUTE 125 DESIGNATED AS
SAN DIEGO COUNTY ASSESSOR'S PARCEL NUMBER 595-030-25 AND
CALTRANS R/W 33255 FROM THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS)
B. RESOLUTION NO. 2009-205, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A DIRECTOR'S DEED FOR EXCESS
RIGHT-OF-WAY ADJOINING STATE ROUTE 125 PARCELS DESIGNATED AS
CALTRANS PARCEL NUMBERS DK-32045-01-01, DD-32034-01-02, DD-32113-1
AND DD-32019-03-03
C. RESOLUTION NO, 2009-206, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING EASEMENTS FOR ELECTRICAL
PURPOSES UPON AND ACROSS PORTIONS OF CITY OWNED PROPERTY
DESIGNATED AS SAN DIEGO COUNTY ASSESSOR'S PARCEL NUMBERS 595-
410-14 (R/W 34495) AND 643-060-23 (R/W 34494) AS PART OF THE STATE
ROUTE 125 PROJECT, AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ALL DOCUMENTS NECESSARY TO RECORD THE EASEMENT
The State Route 125 Toll Road project was approved as a "Design-Build" facility. Due
to the final approved geometric alignment of the toll road, off-ramps and on-ramps, and
the need to protect established landscaping on local streets, there are some portions of
parcels initially anticipated to be a part of State Route 125 that have been deemed by the
California Department of Transportation (Caltrans) to be unnecessary for the toll road.
Adoption of these resolutions will resolve the remaining right-of--way issues related to the
construction of the SR-125 Toll Road and provide easements for drainage, electrical and
utility purposes. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION NO. 2009-207, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND OTAY WATER DISTRICT FOR JOINT PARTICIPATION
TO PREPARE A WASTEWATER RECLAMATION FACILITY FEASIBILITY
STUDY
City staff has been researching various options available to meet the City of Chula
Vista's long-term sewer treatment capacity needs. Constructing a sewer treatment
facility in Chula Vista with the ability to treat sewage to current recycled water standazds
is one option being explored. As a result, the City of Chula Vista and Otay Water
District would like to partner in the prepazation of a feasibility study analyzing the costs
associated with constructing such a plant. The proposed agreement describes the terms
under which such a feasibility study would be completed. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 -Council Minutes September 1, 2009
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2009-208, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF APPLICATION(S)
TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR ALL
ELIGIBLE USED OIL AND HOUSEHOLD HAZARDOUS WASTE GRANTS
THROUGH JUNE 30, 2012, AND AUTHORIZING AND EMPOWERING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS
NECESSARY TO SECURE USED OIL AND HOUSEHOLD HAZARDOUS WASTE
GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECTS
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. All California 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. Per grant
application procedures, Council must authorize the submittal of the grant application(s)
and authorize and empower the City Manager or designee to execute all grant documents
necessary to secure grants funds and implement approved projects. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2009-209, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE
AMOUNT OF $109,174 TO ACTION TURBO REPAIR ($64,082), VALLEY POWER
SYSTEMS ($15,082) AND IRONMAN ($30,010) TO INSTALL EMISSION
RETROFITS ON EIGHT CITY VEHICLES
By State regulation, the City must retrofit a certain number ofdiesel-powered trucks with
exhaust emissions devices each yeaz. The number of retrofits is determined by formula
in the regulations. For fiscal yeaz 2009/2010, eight vehicles must be retrofitted with
exhaust emissions devices. Quotes were solicited by Purchasing to provide all labor and
materials necessary to perform the specified work. Action Turbo Repair, Valley Power
Systems and Ironman were the low bidders for certain vehicle types. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2009-210, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE CLOSURE OF RANCHO DEL REY
PARKWAY BETWEEN TERRA NOVA DRIVE AND DEL REY BOULEVARD FOR
THE 30TH ANNUAL ORANGE CRATE DERBY FROM 6:00 A.M. ON SATURDAY,
SEPTEMBER 12, 2009 UNTIL 6:00 P.M. ON SUNDAY, SEPTEMBER 13, 2009 AND
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
BONITA VALLEY LIONS CLUB FOR THE DERBY
Page 4 -Council Minutes September 1, 2009
CONSENT CALENDAR (Continued)
The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting
permission for a temporary street closure on Rancho Del Rey Parkway on September
12th and 13th, 2009 to conduct its 30th Annual Orange Crate Derby. (Chief of Police)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A TEMPORARY STREET CLOSURE OF PARK WAY FROM THIRD
TO FOURTH AVENUES FOR THE PARK VIEW LITTLE LEAGUE HOMECOMING
CELEBRATION FROM 3:00 P.M. TO 8:00 P.M. ON FRIDAY, SEPTEMBER 4, 2009
The City of Chula Vista is hosting a Homecoming Celebration for Park View Little
League team to honor their accomplishments in the 2009 Little League World Series.
The celebration will take place at Memorial Bowl, located at 373 Park Way. In order to
prepare for the event, the City needs permission to temporarily close Pazk Way between
3rd Avenue and 4th Avenue from 3:00 p.m. to 8:00 p.m. on Friday, September 4, 2009.
Staff recommendation: Council adopt the resolution.
10. Item 10 was removed from the agenda.
11. RESOLUTION NO. 2009-040, RESOLUTION OF THE HOUSING AUTHORITY OF
THE CITY OF CHULA VISTA APPROVING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AMENDMENTS TO THE TRUST INDENTURE
AND LOAN AND FINANCING AGREEMENT OF THE CITY OF CHULA VISTA
MULTIFAMILY HOUSING REVENUE BONDS (THE LANDINGS APARTMENTS),
SERIES 2007C, AND ANY DOCUMENTS NECESSARY TO CARRY OUT THE
PURPOSES OF THIS RESOLUTION
On December 28, 2007, the Housing Authority of the City of Chula Vista issued
Multifamily Housing Revenue Bonds to finance the development of an affordable 92-unit
multifamily residential rental project, known as The Landings in Winding Walk, located
at the intersection of Discovery Falls Drive and Crossroads Street in the City of Chula
Vista. As a requirement of other financing obtained for The Landings through the State
of California's Multifamily Housing Program, amendments to the Bonds are required at
this time. (Deputy City Manager/Development Services Director)
Staff recommendation: Housing Authority adopt the resolution.
ACTION: Mayor Cox moved to approve staffls recommendation and offered the balance of
the Consent Calendaz (Items 1-8 and 11), headings read, texts waived.
Councilmember Bensoussan seconded the motion and it carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Items 9 and 10 were removed from the agenda and were not discussed.
Page 5 -Council Minutes September 1, 2009
PUBLIC COMMENTS
Steven Pavka, Chula Vista resident, suggested that the City challenge lawsuits filed against it,
rather than offer settlement payments.
Georgie Stillman, Chula Vista resident, suggested that the Council bring back the work done by
the Chula Vista Historic Preservation Advisory Committee, particulazly the establishment of
historic districts in the City.
Guillermo Lopez, Chula Vista resident, suggested that the City implement methods to help
prevent fraudulent activities in the City. Mayor Cox referred the matter to Police Department
staff present at the meeting.
Theresa Acerro, Diana Vera, Lynda Gilgun, Michael Gilspan, Dolores Dempsy, and Guillermo
Lopez, representing the Southwest Community, recognized Deputy Mayor Ramirez and
Councilmember Bensoussan for their support regazding the denial of construction of the
proposed MMC peaker power plant.
PUBLIC HEARINGS
12. CONSIDERATION OF AMENDING THE FISCAL YEAR 2008/2009 HOUSING AND
URBAN DEVELOPMENT ANNUAL ACTION PLAN
Council previously approved an amendment of the 2008/2009 Housing and Urban
Development Annual Action Plan, to allocate new Neighborhood Stabilization Program
(NSP) funds established by Title III of the Housing and Economic Recovery Act of 2008
on November 25, 2008, and appropriated said funds on March 24, 2009. The purpose of
the public hearing is to solicit public input on the proposed amendment to the 2008/2009
Annual Action Plan to expand the approved azeas of greatest need, to include additional
census tracts due to changing mazket conditions, add a NSP eligible use for the
acquisition, rehabilitation, and resale of foreclosed or abandoned properties, and
authorizes staff to reallocate funds as necessary. (Deputy City Manager/Development
Services 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.
Redevelopment and Housing Manager Mills introduced the Neighborhood Stabilization program
and Senior Project Coordinator Kurz presented the proposed program amendments.
Mayor Cox opened the public heazing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009-
211, heading read, text waived:
Page 6 -Council Minutes September 1, 2009
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2009-211, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN OF THE
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO
EXPAND THE AREAS OF GREATEST NEED; ADD A NSP ELIGIBLE USE
TO ACQUIRE, REHABILITATE, AND RESELL FORECLOSED OR
ABANDONED PROPERTIES; AND AUTHORIZE THE REALLOCATION OF
NSP FUNDS AS NECESSARY
Councilmember Bensoussan seconded the motion and it carried 4-0.
13. CONSIDERATION OF AN APPEAL OF THE DETERMINATION OF THE
DEVELOPMENT SERVICES DIRECTOR THAT THE PROJECT LOCATED AT 634
SECOND AVENUE (TMP-08-08 SUBDIVISION OF A 23,381 SQUARE FOOT SITE
INTO THREE LEGAL LOTS) IS CATEGORICALLY EXEMPT FROM THE
PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PER
SECTION 15315 OF THE STATE CEQA GUIDELINES (APPELLANT: SAVE OUR
HERITAGE ORGANIZATION)
The appellant, Save our Heritage Organization, is appealing the project's categorical
exemption per Section 15315 (minor land divisions) of the State California
Environmental Quality Act Guidelines. (Deputy City Manager/Development Services
Director)
Notice of the heazing was given in accordance with legal requirements, and the heazing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing, and continued the item to the meeting of September 15,
2009, at the request of staff.
14. CONSIDERATION OF AN EXTENSION OF THE MORATORIUM ON THE LEGAL
ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA
DISPENSARIES AND COOPERATIVES WITHIN THE CITY OF CHULA VISTA
At its meeting of July 21, 2009, the Council adopted an interim urgency ordinance
placing a 45-day moratorium on the legal establishment and operation of medical
marijuana dispensaries in Chula Vista, which expires on September 4, 2009, unless
otherwise extended by the Council. Adoption of the ordinance extends the moratorium
by 10 months and 15 days, pursuant to Government Code section 65858, which is the
only form of extension permitted under this provision. (City Attorney)
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.
City Attorney Miesfeld introduced the item. Steve Walter, Assistant Chief of Nazcotics with the
District Attorney's Office, provided information on California's Proposition 215 and SB420
(2004), and stated that neither the measure nor the Senate Bill had a beazing on federal law.
Page 7 -Council Minutes September ], 2009
PUBLIC HEARINGS (Continued)
Police Captain Miranda explained the potential issues and law enforcement concerns related to
medical marijuana dispensaries being allowed in the City.
Principal Planner Power then presented an overview of regulations and zoning requirements of
medical marijuana dispensaries in other cities and counties in California.
Mayor Cox opened the public hearing.
The following members of the public spoke in opposition to the proposed moratorium:
Dustin Vogel, Chula Vista resident, representing Chula Vista Cooperative
Daniel Green, Chula Vista resident, representing Chula Vista Cooperative
Spencer Vogel, Chula Vista resident, who read a letter on behalf of Kazen Dweenin
Del Vogel, Chula Vista resident
Dolores Dempsey, Chula Vista resident
Michael Gilgun, Chula Vista resident
Mazk Jasper, Chula Vista resident, representing Serenity Collective
Anakka Hartwell, Chula Vista resident, representing Serenity Collective
John Charles Davis, III
Guillermo Lopez, Chula Vista resident, representing concerned citizens and patients
Theresa Acerro, Chula Vista resident
Michael Neill, Chula Vista resident, representing Chula Vista Cooperative
David Cruz, Chula Vista resident
Warren Carter, Chula Vista resident
Michael Shaul, Chula Vista resident
Richazd Vazgas, San Diego resident
Ted Kennedy, Chula Vista resident
The following members of the public spoke in support of the proposed moratorium:
Frank Zimmerly, Chula Vista resident
Joan Johnson, Chula Vista resident
Pazks Pemberton, Chula Vista resident
Kevin O'Neill, Chula Vista resident
Misty Tienken, Chula Vista resident
There being no further members of the public who wished to speak, Mayor Cox closed the public
heazing.
Captain Miranda responded to some of the public comments regazding the Police Department's
position on allowing medical marijuana dispensazies in the City.
City Attorney Miesfeld provided clazification regazding the proposed extension, and stated that
the Council could provide direction to return with a proposed ordinance sooner than the 10
months and 15 days. He also stated that should the Council deny the proposed moratorium, there
would be no procedures in place in terms of permitting, inspection, and potential abuse of
medical marijuana dispensaries.
Page 8 -Council Minutes September 1, 2009
PUBLIC HEARINGS (Continued)
Discussion ensued regarding potential issues and regulations related to medicinal marijuana
dispensaries.
Councilmember Bensoussan spoke in favor of a land use ordinance or conditional use permit and
public workshops on medical marijuana dispensaries, including a presentation on the matter
before the Planning Commission, and of staff bringing feedback to the Council. She suggested a
distinction in the proposed ordinance, stating that rather than referring to the term "medical
marijuana dispensaries", to use the term "collectives" and "cooperatives," which would be in line
with the Attorney General guidelines, that the collectives/cooperatives be sufficiently structured
to ensure security, non-diversion of mazijuana to illicit markets, and compliance with all State
and local laws.
Discussion ensued regazding liability issues for the City with regazd to existing federal law.
Mayor Cox asked Police Chief Bejarano how the presence of collectives and medical marijuana
dispensaries would aid or hinder the safety of the City's residents. Chief Bejazano responded
that based upon extensive reseazch, there was a potential for increased crime and impacts on
quality of life.
Councilmember Ramirez requested that staff provide solutions to potential problems, as well as
additional data with the next report.
ACTION: Councilmember Bensoussan moved to adopt Urgency Ordinance No. 3134-B
heading read, text waived, with direction to craft an ordinance to regulate
marijuana dispensaries in a responsible manner, with an established timeframe.
Councilmember Castaneda seconded the motion.
Mayor Cox asked for consideration to separate the motions on the proposed moratorium and the
direction to staff.
ACTION: Deputy Mayor Ramirez moved to adopt the following Urgency Ordinance No.
3134-B, heading read, text waived:
URGENCY ORDINANCE NO. 3134-B, URGENCY ORDINANCE OF THE
CITY OF CHULA VISTA TO EXTEND AN INTERIM URGENCY
ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING BY 10
MONTHS AND IS DAYS A MORATORIUM ON THE LEGAL
ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA
DISPENSARIES AND COOPERATIVES WITHIN THE CITY OF CHULA
VISTA PURSUANT TO GOVERNMENT CODE SECTION 65858 (4/STHS
VOTE REQUIRED)
Councilmember Castaneda seconded the motion and it carried 4-0.
Discussion ensued between the Council and staff on proposed procedures for a status report on
regulating medial marijuana dispensaries.
Page 9 -Council Minutes September 1, 2009
PUBLIC HEARINGS (Continued)
ACTION: Councilmember Bensoussan moved to direct staff to bring back to the Council in
45 days or less, a status report regarding an ordinance regulating medical
marijuana dispensary cooperatives. Councilmember Castaneda seconded the
motion.
Deputy Mayor Ramirez stated that the matter should not proceed hastily, and he suggested that
staff move forwazd in a measured way, and let other jurisdictions take the lead. Further
discussion on the motion continued.
The motion failed 2-2, with Mayor Cox and Deputy Mayor Ramirez opposed.
Mayor Cox recessed the meeting at 8:21 p.m.. The meeting reconvened at 8:52 p.m., with all
members present.
ACTION ITEMS
15. CONSIDERATION OF MATTERS REGARDING AN INITIATIVE PETITION
ENTITLED, "FAIR AND OPEN COMPETITION ORDINANCE"
On July 13, 2009, the City Clerk accepted an initiative petition from the proponents of a
measure that seeks an amendment to the Chula Vista Municipal Code that would mandate
that the City or Redevelopment Agency not fund or contract for public works projects
where there is a requirement to use only union employees. The petition contained the
number of valid signatures sufficient to place the proposed measure on the ballot.
Elections Code Sections 9114 and 9211 require the City Clerk to certify the results of the
examination to the City Council. Further, Elections Code section 9215 requires the City
Council to take action on the initiative petition. (City Clerk)
Staff recommendation: Council adopt resolutions (A) and (B) set forth below, and take
action on item (C) as desired.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES
FOR THE INITIATIVE PETITION ENTITLED, "FAIR AND OPEN
COMPETITION IN CONTRACTING ORDINANCE"
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING NECESSARY FUNDS FOR THE CERTIFICATION OF
SUFFICIENCY OF SIGNATURES BY THE COUNTY REGISTRAR OF
VOTERS ON THE INITIATIVE PETITION ENTITLED, "FAIR AND OPEN
COMPETITION IN CONTRACTING ORDINANCE" (4/STHS VOTE
REQUIRED)
Page 10 - Counci] Minutes September 1, 2009
ACTION ITEMS (Continued)
C. CONSIDERATION OF ACTION ON AN INITIATIVE PETITION, AS
REQUIRED BY ELECTIONS CODE SECTION 9215, SPECIFICALLY
TAKING ONE OF THE FOLLOWING ACTIONS:
(1) Adopt the following ordinance:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE CHULA VISTA MUNICIPAL CODE TO ADD CHAPTER
2.59, ENTITLED "FAIR AND OPEN COMPETITION IN
CONTRACTING," MANDATING THAT THE CITY OR
REDEVELOPMENT AGENCY NOT FUND OR CONTRACT
FOR PUBLIC WORKS PROJECTS WHERE THERE IS A
REQUIREMENT TO USE ONLY UNION EMPLOYEES
Or:
(2) Adopt the following resolutions, and consider whether a member
or members of the Council will submit an argument against the
measure:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, JUNE 8, 2010, FOR THE PURPOSE OF ELECTING
A MAYOR, TWO MEMBERS OF THE CITY COUNCIL; AND
A CITY ATTORNEY, AND PLACING AN INITIATIVE
MEASURE ENTITLED, "FAIR AND OPEN COMPETITION IN
CONTRACTING ORDINANCE" ON THE BALLOT TO BE
CONSIDERED BY THE ELECTORATE AT THAT ELECTION;
CONSOLIDATING THE ELECTION WITH THE STATEWIDE
ELECTION; AND REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE
ELECTION
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING NECESSARY FUNDS TO
PLACE THE INITIATIVE MEASURE ENTITLED, "FAIR AND
OPEN COMPETITION IN CONTRACTING ORDINANCE" ON
THE BALLOT AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, JUNE 8, 2010 (4/STHS VOTE
REQUIRED)
Or:
(3) Refer the initiative measure to any City agency or agencies for a
report pursuant to Elections Code section 9212, to be returned to
Council within 30 days.
Page 11 - Counci] Minutes September 1, 2009
ACTION ITEMS (Continued)
City Attorney Miesfeld provided the Council with its options for taking action on the initiative
petition. City Clerk Norris then summarized the process that was undertaken by staff regarding
an initiative petition entitled "Fair and Open Competition Ordinance." She provided the results
of the signature examination, reporting that there was a sufficient number of signatures to qualify
the measure for the ballot.
The following members of the public spoke in support of placing the measure on the ballot:
Ed Herrera, Chula Vista resident, Chula Vista Civic Association
Larry Breitfelder, Chula Vista resident
Lori Kneebone, Chula Vista resident
Alexandra Hart, San Diego resident, representing the International Brotherhood of Electrical
Workers (IBEW) Local 569, spoke in opposition to adoption of the ordinance.
Evan McLaughlin, San Diego resident, representing the San Diego Labor Council, spoke in
opposition to the ordinance, and he asked the Council to make the ballot title and summary fair
and impartial.
William A. Hall, Chula Vista resident, spoke in opposition to the proposed ordinance, and in
support of placing the measure on the ballot.
Jennifer Badgley, representing IBEW 569, spoke in opposition to the proposed ordinance.
George Hawkins, La Mesa resident, representing Associated Builders and Contractors of San
Diego, spoke in favor of any of the three options, but preferred Council adoption of the
ordinance.
Bill Baber, La Mesa resident, representing the Associated Building Contractors and the Chula
Vista Citizens Committee, stated that the ballot title and summary was fair, and spoke in favor of
adoption of the proposed ordinance or placing the measure on the ballot.
Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, stated
that it was important to inform the community of the meaning of the ballot measure and how it
will affect the City, and spoke in favor of placing the measure on the ballot.
Mayor Cox moved to adopt the following Resolution Nos. 2009-212 and 2009-213, headings
read, text waived:
A. RESOLUTION NO. 2009-212, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING THE CERTIFICATION OF
SUFFICIENCY OF SIGNATURES FOR THE INITIATIVE PETITION
ENTITLED, "FAIR AND OPEN COMPETITION IN CONTRACTING
ORDINANCE"
Page 12 -Council Minutes September t, 2009
ACTION ITEMS (Continued)
B. RESOLUTION NO. 2009-213, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROPRIATING NECESSARY FUNDS FOR
THE CERTIFICATION OF SUFFICIENCY OF SIGNATURES BY THE
COUNTY REGISTRAR OF VOTERS ON THE INITIATIVE PETITION
ENTITLED, "FAIR AND OPEN COMPETITION IN CONTRACTING
ORDINANCE" (4/STHS VOTE REQUIRED)
Deputy Mayor Ramirez seconded the motion and it carried 4-0.
Councilmember Bensoussan proposed that the Council take a position to oppose the measure,
write an azgument, and rather than place the matter on the ballot at this time, to request a study
that would address impacts on opportunities for public funded projects or potential joint agency
projects on the bayfront.
Discussion ensued regarding the Council's options for requesting a report or placing the measure
on the ballot.
ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution Nos. 2009-214
and 2009-215, headings read, text waived:
A. RESOLUTION NO. 2009-214, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 8,
2010, FOR THE PURPOSE OF ELECTING A MAYOR, TWO MEMBERS OF
THE CITY COUNCIL; AND A CITY ATTORNEY, AND PLACING AN
INITIATIVE MEASURE ENTITLED, "FAIR AND OPEN COMPETITION IN
CONTRACTING ORDINANCE" ON THE BALLOT TO BE CONSIDERED
BY THE ELECTORATE AT THAT ELECTION; CONSOLIDATING THE
ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT
THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION
B. RESOLUTION NO. 2009-215, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROPRIATING NECESSARY FUNDS TO
PLACE THE INITIATIVE MEASURE ENTITLED, "FAIR AND OPEN
COMPETITION IN CONTRACTING ORDINANCE" ON THE BALLOT AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
JUNE 8, 2010 (4/STHS VOTE REQUIRED)
Councilmember Castaneda seconded the motion.
Mayor Cox noted that Resolution No. 2009-214 required athree-fifths vote and Resolution No.
2009-215 required afour-fifths vote, and questioned what the result would be if three members
of the Council voted to place the measure on the ballot, but did not vote to pay for it.
City Attorney Miesfeld suggested separating the motion, and voting on the resolutions
sepazately.
Page 13 -Council Minutes September 1, 2009
ACTION ITEMS (Continued)
ACTION: Deputy Mayor Ramirez moved to adopt Resolution No. 2009-214, heading read,
text waived. Councilmember Castaneda seconded the motion and it carried 4-0.
ACTION: Councilmember Castaneda moved to adopt Resolution No. 2009-215, heading
read, text waived. Deputy Mayor Ramirez seconded the motion, and it carved
4-0.
Mayor Cox commented that it was under the purview of the Council to designate who would
write an argument on the measure, and any member of the Council seeking to write the
azgument, may ask the Council for that authority. To that end, Councilmember Bensoussan
requested Council consideration to authorize her to write an azgument in opposition to the ballot
measure. Further discussion ensued, with Council consensus to address the matter of writing
azguments at a future meeting.
Councilmember Bensoussan requested an opportunity to take a position or explore further the
language for the ballot title and summazy. City Attorney Miesfeld responded that the title would
be placed on the ballot as presented to the Council, and that the only way to change the title
would be for someone to file an action with the court.
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
San Diego City/County Managers Association Regional City Pension Standards Proposal
City Manager Sandoval updated the Council on meetings within the City Managers Association
regarding a proposal for pension reform that would take pensions to a level of those in 2000,
with the possibility of employees paying a portion of retirement costs. He stated that it was
staff's intention to meet with union leaders to talk about the idea of moving in this direction to
avoid future financial issues and possible staff layoffs.
17. MAYOR'S REPORTS
A. Discussion regarding draft ordinance implementing Proposition Q (Elected City
Attorney).
City Attorney Miesfeld stated that he would be recusing himself from the discussion, and that
Shawn Hagerty, representing Best, Best and Krieger, was available for questions on the subject.
At 10:06 p.m., City Attorney Miesfeld left the dais.
Mayor Cox then presented the item.
Deputy Mayor Ramirez stated that he would like an opportunity to receive public input on the
matter and to get more information from Mr. Hagerty.
It was the consensus of the Council to bring the proposed ordinance back in November for
consideration.
Page 14 -Council Minutes September 1, 2009
OTHER BUSINESS (Continued)
At 10:11 p.m., City Attorney Miesfeld returned to the dais.
B. Updated information regarding the Waiver for the Point Loma Wastewater
Treatment Plant.
Mayor Cox gave an update regazding the waiver, stating that Coastal Commission staff had taken
a position regazding the application for waiver, which was contrary to that of the Coastal
Commission, which had voted against the staff recommendation to concur with the consistency
certification. She clazified that a waiver did not authorize operation at below minimum pollution
standards, and was in compliance with the Clean Water Act. She further stated that it was the
intent of the City of San Diego, to appeal the matter, and that she would be submitting a letter to
the Coastal Commission on behalf of the Council in support of the consistency certification.
Councilmember Castaneda suggested that staff continue working with Sweetwater and Otay
Water Districts to look at MBR plants to allow the City to wean itself off METRO in order to
provide more dependable and cost-effective methods of providing reclaimed water to the eastern
territories.
Mayor Cox announced that the Park View Little League 2009 World Series Champions would be
recognized at the September 15th Council meeting. She also announced that the Committee of
100 meeting was scheduled for September 21S` to discuss the City's pre-centennial activities, and
Beautify Chula Vista was scheduled for October 17th, and any donations for the event would be
accepted.
C. Ratification of appointment to the following boards and commissions:
James Balnis Board of Library Trustees
Derek Turbide Resource Conservation Commission
Julio Fuentes Safety Commission
Carol Gove Safety Commission
Alejandro Galicia Veterans Advisory Commission
Virgil Whitehead Veterans Advisory Commission
ACTION: Mayor Cox moved to ratify the appointments. Councilmember Castaneda
seconded the motion and it carried 4-0.
18. COUNCILMEMBERS' COMMENTS
Councilmember Bensoussan announced that the 24 French Horns recital was scheduled for
September 2"d at 7:30 p.m. at Southwestern College. The Brown Field Master Plan update
workshop was scheduled for September 2nd, at 4:30 p.m., at the Otay Mesa Nestor Branch
Library. The San Diego Dance Theatre's Trolley Dancers would be performing on September
26th and 27th and October 3rd and 4th, beginning at the E-Street Trolley station. A Proposition
"O" Construction and Employment Expo was scheduled for September 12th at 10:00 a.m., at the
South Bay YMCA Teen Center. Councilmember Bensoussan spoke about her attendance at the
South County Economic Development Committee meetings on the topic of high speed trains,
and efforts to connect San Diego to the border, as well as a commuter rail. She asked City
Manager Sandoval to schedule a presentation on the matter for Council consideration and
recommendation. City Manager Sandoval responded that he was scheduled to meet with
SANDAG representatives at the end of the week on the issue and would suggest a presentation
by SANDAG to the Council at a future Council meeting.
Page I S -Council Minutes September 1, 2009
Mayor Cox recessed the meeting to convene in Closed Session at 10:19 p.m.
CLOSED SESSION
19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. South Bay Expressway, L.P., et al. v. City of Chula Vista, San Diego Superior
Court, Case No. GIC 869386
B. Sergio Lopez v. City of Chula Vista, et al. United States District Court, Case No.
07cv1272-WQH (BLM)
No reportable action was taken on these items.
20. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: Library Director
This item was not discussed.
ADJOURNMENT
At 10:45 p.m., Mayor Cox adjourned the meeting to the City Council workshop on September
10, 2009, and thence to a Regulaz City Council meeting of September 15, 2009 at 4:00 p.m. in
the Council Chambers. (The meeting of September 8, 2009 was cancelled.)
~~
l
/wine Bennett, CMC, Deputy City Clerk
Page 16 -Council Minutes September 1, 2009