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HomeMy WebLinkAbout2010/04/13 Item 1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 17, 2009 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda (arrived at 4:06 p.m.), Ramirez, Thompson (arrived at 4:15 p.m.), and Mayor Cox ABSENT: None 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 Mr. Virgil Whitehead led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: David Bringas and Mark Liuag - Planning Commission City Clerk Norris administered the oaths of office to Planning Commissioners Bringas and Liuag, and Councilmember Bensoussan presented them each with a certificate of appointment. . PRESENTATION BY GARY GALLEGOS, EXECUTIVE DIRECTOR OF SANDAG AND LINDA CULP, PRINCIPAL REGIONAL PLANNER ON HIGH SPEED/COMMUTER RAIL Ms. Culp presented an overview of the SANDAG feasibility study for potential extension of the proposed high speed train system to the international border. . RECOGNITION OF MR. VIRGIL WHITEHEAD, CHULA VISTA'S VETERAN OF THE YEAR, FOR BEING NAMED AS SAN DIEGO COUNTY'S VETERAN OF THE YEAR FOR 2009/2010 Mr. Gene Pellerin, Veterans Advisory Commission Chair, introduced and recognized San Diego County Veteran of the Year, Virgil Whitehead. Mayor Cox read a letter that was sent to Mr. Whitehead on behalf of the City, congratulating him on his award, and thanking him for his civic responsibility, volunteerism, and service to our Country and the City of Chula Vista. Mr. Whitehead thanked the Council and all involved for his recognition. Page 1 - Council Minutes 1-1 November 17, 2009 DRAFT SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION OF A PROCLAMATION TO NIKOS "NIKO" GELASTOPOULOS COMMENDING AUNT EMMA'S PANCAKE RESTAURANT FOR ITS 50TH ANNIVERSARY IN THE CITY OF CHULA Y.ISTA Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Mr. Gelastopoulos. · RECOGNITION OF THE CHULA VISTA POLICE DEPARTMENT FOR RECEIVING THE 2009 HERMAN GOLDSTEIN A WARD FOR EXCELLENCE IN PROBLEM- ORIENTED POLICING Chief Bejarano introduced Senior Public Safety Analyst Karin Schmerler, who gave an overview of the success of the Chula Vista Motel Project for problem-oriented policing for hotels and motels. . PRESENTATION BY MIKE GRUBB, REPRESENTING THE AMERICAN SOCIETY OF CRIME LAB DIRECTORS/LABORATORY ACCREDITATION BOARD (ASCLD/LAB), ON THE ACCREDITATION OF THE CHULA VISTA POLICE DEPARTMENT'S CRIME LABORATORY AND PROPERTY/EVIDENCE UNIT Mr. Grubb, representing the American Society of Crime Laboratory Directors, Laboratory Accreditation Board, explained the rigorous process that was undertaken by the City's Crime Lab in meeting and exceeding the necessary criteria to receive its accreditation. He then congratulated the Chula Vista Police Department's Crime Lab on achieving its accreditation, and presented Chief Bej arano with a certificate of accreditation. CONSENT CALENDAR (Items 1-12) I. APPROVAL OF MINUTES of July 21, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of Resignation from Mary Alim, Child Care Commission. B. Letter of Resignation from David Bringas, Design Review Board. Staff recommendation: Council accept the resignations. 3. RESOLUTION NO. 2009-265, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE OFFICIAL WEBSITE FOR CHULA VISTA'S 2011 CENTENNIAL Page 2 - Council Minutes 1-2 November 17, 2009 DRAFT CONSENT CALENDAR (Continued) At its meeting of November 3, 2009, the City Council requested that an official website be designated in order to keep the public informed about the City's Centennial events and promotions. Adoption of the resolution declares an official website for the 20 II Centennial. (Information Technology Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2009-266, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $182,797 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING $139,123 TO THE POLICE GRANT FUND FOR THE DUI ENFORCEMENT AND AWARENESS PROGRAM (4/5THS VOTE REQUIRED) The California Office of Traffic Safety has awarded $182,797 to the Police Department for the DUI Enforcement and Awareness Program. The goal of the DUI Enforcement and Awareness Program is to reduce the number of persons killed and injured in alcohol- involved crashes. (Police Chief) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2009-267, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $177,666 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY, AND APPROPRIATING $133,250 TO THE POLICE GRANT FUND FOR THE SOBRIETY CHECKPOINT MINI-GRANT PROGRAM (4/5THS VOTE REQUIRED) The California Office of Traffic Safety has awarded $177,666 to the Police Department for the Sobriety Checkpoint Mini-Grant Program. The goal of the Sobriety Checkpoint Mini-Grant Program is to reduce the number of victims killed and injured in alcohol- involved crashes. (Police Chief) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2009-268, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $213,205 TO THE FISCAL YEAR 2010 POLICE DEPARTMENT SUPPLIES AND SERVICES CATEGORY FROM THE AVAILABLE BALANCE OF THE ASSET SEIZURE FUND FOR THE PATROL RIFLE PROGRAM (4/5THS VOTE REQUIRED) The Police Department proposes implementing a patrol rifle program to enhance line- level police officers' ability to respond to violent critical incidents. The patrol rifle program will enhance public safety by offering officers access to firearms more suited to contemporary urban policing tactics. (Police Chief) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes 1-3 November 17,2009 DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2009-269, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TOTALING $133,249 TO EW TRUCK AND EQUIPMENT COMPANY, INC. FOR ONE 10- CUBIC YARD DUMP TRUCK The FY 2009-10 Sewer Fund budget provides for the replacement of one 1995 International 10-cubic yard dump truck. Bids were solicited by Purchasing to provide a truck in compliance with specifications developed for that purpose. Staff recommends that the bid be awarded to EW Truck and Equipment Company, Inc., as the lowest responsive bidder. (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2009-270, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT DISTRICT FOR SECOND A VENUE FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW Residential properties along Second Avenue between Naples Street and Palomar Street are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 42 of the 59 property owners of this neighborhood requesting that a special assessment district proceeding be commenced for the purpose of financing the construction of these improvements. (Director of Public \Yorks) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2009-271, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "AUTO PARK SEWER PUMP STATION DECOMMISSIONING IN THE CITY OF CHULA VISTA, CALIFORNIA (SW219D)" PROJECT TO A.B. HASHMI, INe. IN THE AMOUNT OF $229,050.50, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND AVAILABLE CONTINGENCY FUNDS AS NECESSARY TO COMPLETE THE PROJECT IN ACCORDANCE WITH CITY STANDARDS On September 16,2009, the Director of Public Works received seven (7) sealed bids for the "Auto Park Sewer Pump Station Decommissioning in the City of Chula Vista (SW219D)" project. The project will decommission an existing Auto Park Sewer Pump Station and connect the existing sewer that serves the Auto Park to a downstream gravity sewer system in the Crossings Shopping Center parking lot. Adoption of the resolution awards a contract for decommissioning the Auto Park Sewer Pump Station and authorizes the Director of Public Works to expend available contingency funds, as may be necessary to complete the project in accordance with City standards. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 4 - Council Minutes 1-4 November 17.2009 DRAFT CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2009-272, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR OXFORD STREET ASSESSMENT DISTRICT NO. 2009-01, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS On May 12, 2009, by Resolution No. 2009-108, the City Council accepted a petition signed by 25 of the 40 owners of residential properties along Oxford Street between Third A venue and Alpine A venue requesting that special assessment district proceedings be commenced. Resolution No. 2009-108 also declared the City Council's intention to initiate proceedings to consider the formation of an assessment district and directed the preparation of the required Engineer's Report for the proposed assessment district. The proposed resolution adopts the boundary map, approves the Preliminary Engineer's Report, sets the time and place for a public hearing to consider the establishment of the Oxford Street Assessment District, and orders the initiation of ballot proceedings regarding formation of the proposed Oxford Street Assessment District. (Director of Public Works) Staff recommendation: Council adopt the resolution. II. RESOLUTION NO. 2009-273, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF FISCAL YEAR 2010/2011 BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATIONS FOR INSTALLATION OF BICYCLE DETECTORS ON TELEGRAPH CANYON/ OTAY LAKES ROAD AND INSTALLATION OF BICYCLE RACKS AND BICYCLE LOCKERS IN THE CIVIC CENTER AREA, AND CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAILABLE THEREFOR The California Department of Transportation (Caltrans) has announced available grant funding for fiscal year 2010/2011 projects through its competitive Bicycle Transportation Account (BTA) grant program. The grant application deadline is December I, 2009. Staff recommends submitting grant applications for $128,200 for the installation of bicycle detectors on Telegraph Canyon Road! Otay Lakes Road between I-80S and Wueste Road and $25,000 for the installation of bicycle racks and bicycle lockers in the Civic Center area. (Director of Public Works) Staff recommendation: Council adopt the resolution. 12. INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2009 Transmitted herewith is the City's investment report for the quarter ended September 30, 2009. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy, a separate report was distributed to the City Council as an informational item. (Finance Director) Staff recommendation: Council accept the report. Page 5 - Council Minutes 1-5 November 17,2009 DRAFT CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendar Items 1-12, headings read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Lisa Cohen, Chula Vista resident, representing Chula Vista Chamber of Commerce, encouraged the community to dine, shop and stay in Chula Vista, and she noted that new brochures were available to the public. Frank Houck, Chula Vista resident, provided each Councilmember with a letter proposing services and asked the Council for its consideration ofthe proposal. August Ghio, Jamul resident, representing the San Diego County Fire Chiefs Association, spoke about a recent proposal to the Council regarding the sale of fireworks in the City. To that end, Mr. Ghio stated that the sale of fireworks would be bad for the County as a whole, citing statistics of property damage and burn injuries from the use of fireworks. Fire Chief Hanneman stated that he could support the professional use of controlled fireworks for community celebrations. However, the public sale and use of fireworks would be a detriment to the collaborative response approach with other jurisdictions to control wildfires, and would create a threat to community property and life. He recommended that the sale of fireworks in the City not be pursued. Toni Romo, National City resident, representing Bonita Vista High School Music Machine, spoke in support of the sale and use of state-approved fireworks for fundraising efforts for non- profit organizations. She requested that the matter be placed on a future City Council agenda. Edwin Anderson, Chula Vista resident, representing South Bay Baptist Church, spoke in favor of the sale of fireworks in the City. Art Hodges, Chula Vista resident, representing the South Bay Pentecostal Church, spoke in favor of the sale of fireworks in the City to support local fundraisers, stating that the proceeds of the sales would go back to the community. James Floros, Chula Vista resident, representing the San Diego Bum Institute, spoke about the risks of fireworks, including wildfires, property damage and burn injuries. He spoke in opposition to the sale and use of fireworks in the City. Councilmember Castaneda suggested that the matter of fireworks sales and use be placed on a future Council agenda as a public hearing. Page 6 - Council Minutes 1-6 November 17, 2009 DRAFT PUBLIC COMMENTS (Continued) Deputy Mayor Ramirez asked that Fire Chief Hanneman and Police Chief Bejarano meet with the fireworks vendor to receive more information about the product, and to provide a report back to Deputy Mayor Ramirez on the outcome of the discussions. Chief Hanneman responded that he had already met with TNT Fireworks representatives, and Chief Bejarano stated that he had not met with the vendor, but would be open to discuss the matter. Mayor Cox stated she could not support the sale of fireworks in the City. She indicated that there was no Council support for the referral by Councilmember Castaneda for a public hearing on the matter. PUBLIC HEARINGS 13. CONSIDERATION OF ADDING CHAPTER 20.12 TO THE MUNICIPAL CODE, RELATING TO LANDSCAPE WATER CONSERVATION The State Legislature determined in the Water Conservation in Landscaping Act, Goverrunent Code sections 65591 et seq., that the State's water resources are in limited supply and that, while landscaping is essential to the quality of life in California, landscape design, installation, maintenance and management must be water efficient. The Water Conservation in Landscaping Act mandates City's to either adopt the State's Model Water Ordinance or to adopt an ordinance of equal or greater efficacy by January I, 2010. Staff has prepared this Landscape Water Conservation Ordinance to meet the State requirement. (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. Landscape Architect Radley presented the proposed Landscape Water Conservation Ordinance. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Discussion ensued regarding the collaborative efforts between the City and the water districts on water conservation measures. City Manager Sandoval suggested inviting representatives of Otay and Sweetwater Water Districts to provide a report to the Council on their outreach efforts. Councilmember Castaneda also suggested discussions with the multi-agency Water Task Force. Mayor Cox suggested that Council consider placing the proposed ordinance on first reading, and prior to its second reading, invite the Sweetwater Authority and Otay Water District to update the Council on their outreach efforts. ACTION: Councilmember Castaneda moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 20.12 TO TITLE 20 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO LANDSCAPE WATER CONSERVATION (FIRST READING) Councilmember Bensoussan seconded the motion and it carried 5-0. Page 7 - Council Minutes 1-7 November 17, 2009 DRAFT PUBLIC HEARINGS (Continued) 14. CONSIDERATION OF THE 2008/2009 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) AND PUBLIC INPUT ON FUNDING PRlORlTIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND EMERGENCY SHELTER GRANT (ESG) FOR THE 2010/2011 PROGRAM YEAR The purpose of the public hearing is to present the year-end (2008/2009) Consolidated Annual Perfonnance Report (CAPER) for the City's HUD grant programs, which include Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG), and to solicit public input on funding priorities for the coming grant year (2010/2011). (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. Housing Manager Mills and Community Development Specialist Dorado presented the 2008/2009 Consolidated Annual Perfonnance Evaluation Report. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Bensoussan suggested that the "Special Needs Priority" category that would include such services as adult day care, and care for the mentally ill, be given a higher priority. Councilmember Thompson requested staff to encourage developers and/or contractors to provide feedback with data on the percentages of South Bay residents hired to work on projects. Mayor Cox stated her interest in a plan to end chronic homelessness, and asked staff to provide infonnation on how the City's program dovetails with PTECH (Plan to end Chronic Homelessness) with the final report. ACTION: Mayor Cox moved to accept the report. Deputy Mayor Ramirez seconded the motion and it carried 5-0. 15. CONSIDERATION OF TERMINATING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NEXHORlZON COMMUNICATIONS INC., (NEXHORlZON) FOR FAILURE TO COMPLY WITH MATERlAL PROVISIONS OF THE FRANCHISE AGREEMENT NexHorizon Communications Inc., has failed to meet certain material provisions of the Franchise Agreement, and after reasonable attempts to cure such provisions staff has executed the notice required to allow the City Council to consider possible tennination of the Franchise Agreement. (Director of Conservation and Environmental Services) Page 8 - Council Minutes 1-8 November 17,2009 DRAFT PUBLIC HEARINGS (Continued) 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. Conservation and Environmental Services Director Meacham presented the item and explained that NexHorizon Communications, Inc. had failed to meet certain material provisions of the Franchise Agreement. City Attorney Miesfeld noted that "Attachment B" in the staffreport was a letter to NexHorizon dated August 18,2009, describing the material breeches of the franchise agreement. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Mayor Cox asked staff how local NexHorizon customers would be notified of the termination. Director Meacham responded that since staff did not have a list of NexHorizon customers, a public notice would be placed in the local newspaper, as well as on the City's website. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2009-274, heading read, text waived: RESOLUTION NO. 2009-274, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO COMMENCE TERMINATION OF THE NEXHORIZON FRANCHISE Councilmember Castaneda seconded the motion and it carried 5-0. 16. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE AND MASTER FEE SCHEDULE (Continued from November 3,2009) As part of the climate protection measures that were approved by the City Council to help reduce Chula Vista's citywide greenhouse gas or "carbon" emissions, City staff integrated no-cost energy and water evaluations (known as the Free Resource & Energy Business Evaluation or FREBE program) into the business licensing process. After implementing the voluntary program for the past 10 months, the Council directed staff to create a new municipal ordinance that would require businesses to participate in the free on-site evaluation program. The proposed ordinance will help businesses with storefront or office locations to identifY opportunities to conserve resources and reduce their monthly utility costs, while not creating an impediment to the participating business's normal operations. The new ordinance's implementation would be tracked and regularly reported back to the City Council through the climate protection measures' biannual progress reports. (Director of Conservation & Environmental Services) 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. Page 9 - Council Minutes 1-9 November 17, 2009 DRAFT PUBLIC HEARINGS (Continued) City Manager Sandoval stated that the proposal was part of the Council adopted climate protection measures. Environmental Resource Manager Reed presented the proposed ordinance and resolution, and provided information on the proposed FREBE (Free Resource and Energy Business Evaluations) assessments, noting that the proposal was to make energy assessments mandatory for businesses, but that compliance with the resulting recommendations would not be required. Mr. Reed then provided information on an alternative enhanced voluntary program option that was a collaborative effort between staff and the stakeholders. Mayor Cox opened the public hearing. Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke in support of the enhanced voluntary program. John Pewtress, Chula Vista resident, representing California Electric Supply, spoke in support of implementation of the mandatory energy evaluation for businesses. Greg Mattson, representing Third Avenue Village Association, spoke in support of the enhanced voluntary program. Kevin Huffman, Chula Vista resident, representing California Electric Supply, stated that the City needed to lead by example in its energy conservation that would cause the businesses and residents to follow in their efforts. The following members of the public submitted speaker slips and did not speak, but requested for the record, their support of the proposed FREBE program: Michael Rodriguez, Chula Vista resident, representing Red Lobster, and Randall Garza, Chula Vista resident. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Bensoussan asked staff to work more with local businesses collaboratively on the CLEAN business program and on goals for energy efficiencies. To that end, she suggested a voluntary six-month trial period with a report to Council after the trial period. Councilmember Thompson requested that staff come back on an interim basis with information about successes and complaints regarding the program. Mayor Cox clarified that her no vote on the item was not to oppose the FREBE Program, but in opposition to the mandatory requirement, and in opposition to not taking the opportunities to work with the local businesses. ACTION: Deputy Mayor Ramirez moved to place the following ordinance on first reading, and adopt Resolution No. 2009-275, headings read, text waived: Page 10 - Council Minutes 1-10 November 17, 2009 DRAFT A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 20.04 OF THE CHULA VISTA MUNICIPAL CODE TO REQUIRE NO-COST RESOURCE AND ENERGY EVALUATIONS AS PART OF THE BUSINESS LICENSE PROCESS AND AMENDING THE CROSS REFERENCE IN CHAPTER 5.02 (FIRST READING) B. RESOLUTION NO. 2009-275, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING SECTION A.1.D. TO CHAPTER IV OF THE MASTER FEE SCHEDULE TO INCLUDE A FINE FOR BUSINESSES NOT COMPLYING WITH THE FREE RESOURCE & ENERGY EVALUATION REQUIREMENT OF $15 OR 5% OF BUSINESS LICENSE FEE (WHICHEVER IS GREATER) Councilmember Castaneda seconded the motion and it carried 4-I, with Mayor Cox voting no. ACTION ITEMS 17. CONSIDERATION OF ADDING CHAPTER 2.11 TO THE MUNICIPAL CODE, RELATING TO THE OFFICE OF THE ELECTED CITY ATTORNEY In November of2008, the voters of the City ofChula Vista approved a measure to amend the City Charter to make the City Attorney an elected officer of the City. Portions of the measure either authorize or require further implementation by the City Council. The proposed ordinance addresses the provisions of the measure that require City Council action. Adoption of the ordinance implements the measure and ensures a seamless transition to an elected City Attorney. (City Manager) ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.11 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE OFFICE OF THE ELECTED CITY ATTORNEY City Attorney Miesfeld stated that since the subject matter involved the office of the City Attorney, to avoid any improprieties, he would be recusing himself from the discussion. He then left the dais at 7:44 p.m. Special Counsel Shawn Hagerty introduced the proposed ordinance, which consisted of seven provisions. He pointed out that since the posting of the proposed ordinance, he had spoken with the attorney who drafted the original measure, who made two comments; the first comment was regarding section 2. I 1.070, which doesn't provide the City Attorney with discretion to prosecute code enforcement cases, and the second comment was related to section 2.11.050, which didn't allow public nominations to fill vacancies in the office of the City Attorney. Mr. Hagerty offered the following amendment to the end of section 2.11.070: "Nothing in this Section 2.I 1.070 shall affect the City Attorney's discretion to prosecute violations of the Municipal Code." With respect to Section 2.11.050, Filling of Vacancies, he informed the Council that there was no specific provision in the proposed ordinance that would allow the public to directly nominate a person to be included for Council consideration of appointment. He stated that he could provide appropriate language should the Council wish to include that provision. Discussion ensued among the Councilmembers regarding the nomination and appointment process. Page II - Council Minutes 1-11 November 17, 2009 DRAFT ACTION ITEMS (Continued) Mayor Cox suggested that the City Attorney appointment process be generally consistent with the process recently used for the appointments of Interim City Councilmember and Port Commissioner. Councilmember Bensoussan concurred with Mayor Cox's suggestion, and added that the names of the nominees and those Councilmembers who made the nominations should be made public. Mr. Hagerty advised the Council that with new language for the appointment process, the revised ordinance would need to be placed on first reading. Mayor Cox, with Council consensus, requested that the City Clerk send Mr. Hagerty the process recently used for appointment of Interim City Councilmember and Port Commissioner, and that staff return with a revised ordinance incorporating a process generally consistent with that process. Councilmember Castaneda suggested that the City Attorney's benefits should be the same as the other Chula Vista elected officials. Mayor Cox suggested adding a section under "Compensation" to state: "The benefits package shall be consistent with that of other elected officials within the City." The Council concurred with the amendment. The Council discussed each provision in the proposed ordinance. The Council concurred with Mr. Hagerty's proposed language in 2.11.070 to address the City Attorney's discretion in prosecuting code enforcement issues. Mayor Cox requested that Mr. Hagerty work with the City Manager's Office to docket the revised ordinance for first reading at a Council meeting in early December. Mayor Cox recessed the meeting at 8:35 p.m. The meeting reconvened at 8:53 p.m. with all members present. OTHER BUSINESS 18. CITY MANAGER'S REPORTS City Manager Sandoval reminded the Council of the upcoming meeting schedule: RDAlCVRC Workshop on the Redevelopment Five-Year plan Thursday, November 19; the meeting of November 24, 2009 was cancelled; the next regular meeting was scheduled for December 8, 2009; and the December workshop would be cancelled. He announced that information would be forthcoming regarding three SANDAG-sponsored public outreach events regarding bus rapid transit. Page 12 - Council Minutes 1-12 November 17,2009 DRAFT 19. MAYOR'S REPORTS ACTION: Ratification of appointment of Marissa Bejarano to the Board of Appeals & Advisors. Mayor Cox moved to appoint Marissa, Bejarano to the Board of Appeals and Advisors. Deputy Mayor Ramirez seconded the motion and it carried 5-0. Mayor Cox announced that Eastlake High School was the first in the County to host the FIRST LEGO League Robotics competition. November 19, 2009 was Drive for Charity Day, with all one dollar donations from vehicles using the South Bay Expressway on that day, would benefit South Bay Community Services, South Bay YMCA, the Nature Center, youth sports, and student scholarships. A. 20. COUNCILMEMBERS' COMMENTS ACTION: B. ACTION: Councilmember Thompson: Ratification of appointment of Ramon Riesgo to the Mobilehome Rent Review Commission. Councilmember Thompson moved to appoint Ramon Riesgo to the Mobilehome Rent Review Commission. Councilmember Castaneda seconded the motion and it carried 5-0. Councilmember Bensoussan: Consideration of signing the World Mayors and Local Elected Officials Climate Protection Agreement Councilmember Bensoussan moved to have the Mayor sign, on the City's behalf, the World Mayors and Local Elected Officials Climate Protection Agreement, a resolution of ICLEI's recommendation to compliment the 1997 Kyoto Protocol commitment to reduce greenhouse gas emissions by 20% as compared to 1990 levels with a date re-established by the UN Climate Framework Conference of 2012. Councilmember Castaneda seconded the motion and it carried 5-0. Deputy Mayor Ramirez reported on his recent attendance at a cross-border business luncheon that recognized various business outreach activities, including the Chula Vista International Friendship Games. The Council convened in Closed Session at 9:03 p.m. CLOSED SESSION 21. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 No reportable action was taken on this item. . City Clerk 22. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Employee organization: Mid-Managers/Professionals Group . Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon, Bart Miesfeld, Maria Kachadoorian and Simon Silva. No reportable action was taken on this item. Page 13 - Council Minutes 1-13 November 17, 2009 DRAFT CLOSED SESSION (Continued) 23. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: City of Chula Vista Parcels: APN's 565-310-25 and 565-310-09 (Bay Blvd. north ofE Street); SDG&E Parcel: APN 565-010-12 Agency negotiator: Rick Ryals, Real Property Manager and Eric Crockett, Assistant Director, Redevelopment and Housing Negotiating Parties: City of Chula Vista and San Diego Gas & Electric Under Negotiation: Access to City owned land-locked parcels located north of E Street adjacent to the southbound 1-5 off ramp. No reportable action was taken on this item. 24. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case No reportable action was taken on this item. 25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Earl Jentz v. City of Chula Vista, et aI., San Diego Superior Court, Case No. 37- 2007 -000763 70-CU - WM -SC No reportable action was taken on this item. ADJOURNMENT At 10:25 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on November 24, 2009 at 4:00 p.m. in the Council Chambers. ~~ </Lorraine Bennett, CMC, Deputy City Clerk Page 14 - Council Minutes 1-14 November 17,2009