HomeMy WebLinkAboutcc min 2009/11/17MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 17, 2009
4:00 P.M.
A Regulaz 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 (amved 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 November 17, 2009
SPECIAL ORDERS OF THE DAY (Continued)
• PRESENTATION OF A PROCLAMATION TO NIKOS "NIKO" GELASTOPOULOS
COMMENDING AUNT EMMA'S PANCAKE RESTAURANT FOR ITS SOT"
ANNIVERSARY IN THE CITY OF CHULA VISTA
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 AWARD FOR EXCELLENCE INPROBLEM-
ORIENTED POLICING
Chief Bejazano 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 Bejazano with a certificate of accreditation.
CONSENT CALENDAR
(Items 1-12)
1. APPROVAL OF MINUTES of July 21, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of Resignation from Mary Alim, Child Caze 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 November 17, 2009
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 2011
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/STHS
VOTE REQUIRED)
The California Office of Traffic Safety has awazded $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/STHS
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 Chiet)
Staff recommendation: 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/STHS VOTE REQUIRED)
The Police Departrnent 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 November 17, 2009
CONSENT CALENDAR (Continued)
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 AVENUE 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 Palomaz 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
Works)
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,
INC. 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 Pazk 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 Pazk to a downstream gravity
sewer system in the Crossings Shopping Center pazking lot. Adoption of the resolution
awards a contract for decommissioning the Auto Pazk 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)
Staff recommendation: Council adopt the resolution.
Page 4 -Council Minutes November 17, 2009
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 Avenue and Alpine Avenue requesting that special assessment district proceedings
be commenced. Resolution No. 2009-108 also declazed the City Council's intention to
initiate proceedings to consider the formation of an assessment district and directed the
prepazation of the required Engineer's Report for the proposed assessment district. The
proposed resolution adopts the boundary map, approves the Preliminazy 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.
11. 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 yeaz 2010/2011 projects through its competitive Bicycle Transportation
Account (BTA) grant program. The grant application deadline is December 1, 2009.
Staff recommends submitting grant applications for $128,200 for the installation of
bicycle detectors on Telegraph Canyon Road/ Otay Lakes Road between I-805 and
Wueste Road and $25,000 for the installation of bicycle racks and bicycle lockers in the
Civic Center azea. (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 Califomia Government Code
Sections 53600 et seq. and the City of Chula Vista Investment Policy, a sepazate report
was distributed to the City Council as an informational item. (Finance Director)
Staff recommendation: Council accept the report.
Page 5 -Council Minutes November 17, 2009
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 of the 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 Burn Institute, spoke about the
risks of fireworks, including wildfires, property damage and bum 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 November 17, 2009
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 Bejazano 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,
Government 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
1, 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 heazing.
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 November 17, 2009
PUBLIC HEARINGS (Continued)
14. CONSIDERATION OF THE 2008/2009 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER) AND PUBLIC INPUT ON
FUNDING PRIORITIES 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 heazing is to present the year-end (2008/2009) Consolidated
Annual Performance 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 yeaz (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 Performance 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 caze 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
information 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 carved 5-0.
15. CONSIDERATION OF TERMINATING THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND NEXHORIZON
COMMUNICATIONS INC., (NEXHORIZON) FOR FAILURE TO COMPLY WITH
MATERIAL 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 termination of
the Franchise Agreement. (Director of Conservation and Environmental Services)
Page 8 -Council Minutes November 17, 2009
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 staff report 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 heazing.
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 "cazbon" 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 November 17, 2009
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 heazing.
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 Gazza, 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 clazified 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 ]0 -Council Minutes November 17, 2009
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 4-1, 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 of 2008, the voters of the City of Chula 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 2.11.070, which doesn't provide the City Attorney with discretion to prosecute
code enforcement cases, and the second comment was related to section 2. ] 1.050, 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 2.11.070 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 regazding the nomination and appointment
process.
Page 11 -Council Minutes November 17, 2009
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 eazly 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: RDA/CVRC
Workshop on the Redevelopment Five-Year plan Thursday, November 19; the meeting of
November 24, 2009 was cancelled; the next regulaz meeting was scheduled for December 8,
2009; and the December workshop would be cancelled. He announced that information would
be forthcoming regazding three SANDAG-sponsored public outreach events regarding bus rapid
transit.
Page 12 - Counci] Minutes November 17, 2009
19. MAYOR'S REPORTS
Ratification of appointment of Mazissa Bejazano to the Board of Appeals &
Advisors.
ACTION: Mayor Cox moved to appoint Marisa 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 dollaz 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
scholazships.
20. COUNCILMEMBERS' COMMENTS
A. Councilmember Thompson: Ratification of appointment of Ramon Riesgo to the
Mobilehome Rent Review Commission.
ACTION: Councilmember Thompson moved to appoint Ramon Riesgo to the Mobilehome
Rent Review Commission. Councilmember Castaneda seconded the motion and
it carried 5-0.
B. Councilmember Bensoussan: Consideration of signing the World Mayors and
Local Elected Officials Climate Protection Agreement
ACTION: 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 across-border business luncheon
that recognized vazious 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
• City Clerk
No reportable action was taken on this item.
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 November 17, 2009
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 of E Street); SDG&E Pazcel: 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 I-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)
• Eazl Jentz v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-
2007-000763 70-C U- W M-SC
No reportable action was taken on this item.
ADJOURNMENT
At 10:25 p.m., Mayor Cox adjourned the meeting to the Regulaz 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 November 17, 2009