HomeMy WebLinkAbout2010/07/27 Item 1
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 23, 2010
3:00 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at 3:05 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT:
Councilmembers Bensoussan, Castaneda (arrived at 3:06 p.m.), Ramirez,
Thompson, and Mayor Cox
ABSENT:
None
The Council convened in Closed Session at 3 :08 p.m.
CLOSED SESSION ITEMS
1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. South Bay Expressway, L.P., et al. v. City of Chula Vista, San Diego Superior
Court, Case No. GIC869386.
No reportable action was taken on this item.
2. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
. Two Cases
No reportable action was taken on these items.
ADJOURL'\fMENT
At 3:59 p.m., Mayor Cox adjourned the Special Meeting to convene in open session for the
Regular City Council Meeting in the Council Chambers.
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Lorraine Bennett, CMC, Deputy City Clerk
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 23, 2010
4:00 P.M.
A Regular Meeting of the City Council 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, Thompson,
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
Candy Schumann led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
PRESENTATION OF A PROCLAMATION TO CANDY SCHUMANN, CO-FOUNDER AND
VOLUNTEER EXECUTIVE DIRECTOR FOR SPAY AND NEUTER ANIMAL
PROTECTION GROUP (SNAP), PROCLAIMING FEBRUARY 23, 2010 AS THE 16TH
ANNUAL SPAY DAY USA IN CHULA VISTA
Mayor Cox displayed a video clip from a Fox 5 television news segment about the Chula Vista
Animal Shelter and its partnership with PIMA Medical Institute. Mayor Cox then read the
proclamation and Deputy Mayor Ramirez presented it to Ms. Schumann.
CONSENT CALENDAR
(Items 1-7)
Consent Calendar Items 5 through 7 were pulled from the Consent Calendar for separate
consideration.
1. APPROVAL OF MINUTES of October 27, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Memorandum from Councilmember Bensoussan requesting an excused absence from the
February 9, 2010 Council meeting.
Recommendation: Council excuse the absence.
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February 23, 2010
DRAFT
CONSENT CALENDAR (Continued)
3. ORDINANCE NO. 3151, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 17, SECTION 17.35.050 OF THE CHULA VISTA
MUNICIPAL CODE TO INCLUDE AN EXEMPTION FOR BRUSH MANAGEMENT
ACTIVITIES CONDUCTED IN ACCORDANCE WITH SECTION 7.4.4 OF THE
CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA
PLAN (SECOND READING AND ADOPTION)
The City of Chula Vista Multiple Species conservation Program (MSCP) Subarea Plan
contains guidelines to implement brush management activities throughout the City where
urban development interfaces with open space. The proposed amendments include minor
text changes to the City's MSCP Subarea Plan to clarify the location and extent to which
brush management activities are performed, and amend Chapter 17.35.050 of the City's
Municipal Code (Habitat Loss and Incidental Take Ordinance) to include a new
exemption category authorizing brush management activities to be conducted without
having to obtain a Habitat Loss and Incidental Take (HUT) Permit. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2010-039, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND
THE CHULA VISTA MID MANAGER/PROFESSIONAL ASSOCIATION FOR
JANUARY 1,2010 - JUNE 30, 2012
This is the first Memorandum of Understanding (MOU) between the City and the
recently organized Chula Vista Mid-Managers/Professional Association
(CVMMlPROF A). The MOU details specific provisions pertaining to wages, benefits,
terms and conditions of employment for unit members. During the negotiating process,
Council approved in Closed Session, the terms and conditions contained herein. The
MOU has been ratified by CVMMlPROFA's membership. Adoption of the resolution
approves the MOU between the City and the CVMM/PROF A. (Director of Human
Resources)
Staff recommendation: Council adopt the resolution.
5. Item 5 was removed from the Consent Calendar.
6. Item 6 was removed from the Consent Calendar.
7. Item 7 was removed from the Consent Calendar.
ACTION:
Mayor Cox moved to approve Consent Calendar Items I through 4, headings
read, text waived. Councilmember Castaneda seconded the motion and it carried
5-0, except on Item 2, which carried 4-0-1, with Councilmember Bensoussan
abstaining.
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February 23, 2010
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. RESOLUTION NO. 2010-040, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR A 3.9
ACRE PUBLIC NEIGHBORHOOD PARK SITE ON FOURTH AVENUE IN
WESTERN CHULA VISTA
A concept park master plan has been prepared for a park to be located adjacent to the
South Chula Vista Library located at 341 Orange Avenue in the SDG&E easement.
Adoption of the resolution approves the park master plan, and authorizes staff to hold a
contest for a community-based park name. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution, and authorize staff to hold a contest
for a park name.
Deputy City Attorney Miller stated for the record, the revised language regarding the
environmental review segment of the staff report to read, "The Environmental Review
Coonlinator has revised this action for compliance with the California Environmental
Quality Act, and has determined that it qualifies for statutory exemption pursuant to
Public Resources Code Section 211 02, Feasibility and PI arming Studies, thus no further
environmental review is necessary."
ACTION:
Mayor Cox moved to approve staffs recommendation and adopt Resolution No.
2010-040, heading read, text waived. Councilmember Castaneda seconded the
motion, and it carried 4-0-1, with Deputy Mayor Ramirez abstaining due to
property ov.mership in proximity of the subject proposal.
6. RESOLUTION NO. 2010-041, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE 2010 LEGISLATIVE PROGRAM
The Legislative Program is reviewed and updated each year to ensure that City staff will
have the direction needed to respond to legislative proposals in accordance with the City
Council's priority and preferences. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
Councilmember Bensoussan recommended, and it was the consensus of the Council, to revise
the legislative priorities listed in Group [of the 2010 Legislative Program as follows:
Move Item No.8 of the program, "Providing structural reforms to State government that protect
local revenues," and Item No.9, "Providing illegal drug use prevention and intervention in a
community-based setting" to Group II; replace Item No.8 with the first item from Group II,
"Economic Development - Purchase foreclosed or abandoned homes in order to stabilize
neighborhoods and stem the decline of house values of neighboring homes;" replace Item No.9
from Group I, with a new Item No.9, "Preserve and expand enterprise zones;" add a new Item
No. II to Group I, by moving the segment on Energy in Group II, "Facilitate
construction/implementation of energy efficient and alternative energy resources," and amend
the new Item No. 11 in Group I to read, "Facilitate construction and implementation of energy
efficient and alternative energy resources, and oppose legislation to diminish and/or limit AB32."
Page 3 - COlUlcil Minutes
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February 23. 2010
DRAFT
CONSENT CALENDAR (Continued)
Councilmember Thompson requested Council consideration to drop the segment from Group II -
Housing, "Encourage the use of alternative dispute resolution measures rather than costly time-
consuming litigation in condominium and townhouse construction defect challenges," and to
replace it with, "Investigate alternative construction sales tax legislation," stating that the matter
had been largely dealt with by the State.
ACTION:
Mayor Cox moved to adopt Resolution No. 2010-041, as amended, heading read,
text waived. Deputy Mayor Ramirez seconded the motion and it carried 5-0.
7. RESOLUTION NO. 2010-042, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
WESTERN PUMP INC. FOR THE DESIGN AND CONSTRUCTION OF TWO FUEL
TANKS (UNLEADED AND BIO-DIESEL), LOCATED AT THE JOHN LIPPITT
PUBLIC WORKS CENTER IN THE CITY OF CHULA VISTA
Adoption of the resolution approves a design build agreement with Western Pump Inc.,
for services required to design and construct two fuel tanks (unleaded and bio-diesel).
(Director of Public Works)
ACTION:
Mayor Cox moved to adopt Resolution No. 2010-042, heading read, text waived.
Counci1member Castaneda seconded the motion and it carried 4-0-1, with Deputy
Mayor Ramirez abstaining due to property ownership in proximity of the subject
proposal.
PUBLIC COMMENTS
David Peters, Encinitas resident, representing Treviana at Lomas Verdes Homeowners
Association, commented on residents' concerns about the implementation of a proposed Rapid
Transit Bus route in close proximity to the community.
City Manager Sandoval responded to Mr. Peters' comment, stating that at a recent meeting with
SANDAG's Executive Director, the lead agency on the project, there was discussion about the
idea of having SANDAG pursue an environmental impact report, rather than a mitigated
negative declaration, and a presentation of the recommendation before the Transportation
Committee. He stated that this would extend the process and provide an opportunity for the City
and SANDAG to look at potential impacts and alternatives for the proposed project, receive
community input, and provide subsequent recommendations to the City Council.
Councilmember Castaneda suggested that the City Manager provide the Council a schedule with
SANDAG's track on the matter, a timeline for a public hearing to allow community input, and
for the Council to take a position.
Evan McLaughlin, Chula Vista resident, representing "We Won't Pay to give Chula Vista Jobs
Away Campaign," made reference to an article in a recent Voice of San Diego newspaper edition
related a project bid at the San Diego Unified School District under its project labor agreement,
and he suggested that the public become more familiar with the proposed initiative.
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February 23, 2010
DRAFT
PUBLIC COMMENTS (Continued)
Kevin O'Neill, Chula Vista resident, suggested that the Council look at the cumulative effects of
its laws associated with environmental and energy standards on construction. He then referenced
an article about the health effects on residents in Silicone Valley, who were exposed to excessive
concentration levels of formaldehyde.
PUBLIC HEARINGS
Item 8 was removed from the agenda at the request of staff. The item was not discussed and no
action was taken.
8. CONSIDERATION OF THE TRANSFER OF A LETTER OF CREDIT FOR $2.3
MILLION TO ANOTHER SECURED ACCOUNT AS FINANCIAL ASSURANCE
FOR MINING OPERATIONS UNDER THE STATE OF CALIFORNIA SURFACE
MINING AND RECLAMATION ACT (SMARA)
The existing letter of credit will expire on March 1, 2010. A new financial security has
not been established by the current mine operator for mine reclamation activities required
under the adopted Otay Valley Quarry reclamation plan. The City would transfer said
funds from the Letter of Credit until the issues regarding financial assurance can be
resolved, or reclamation activities are commenced. Public Resources Code Section
2773.1 requires a mining operator to provide financial assurances for the duration of the
mining operation or until reclamation is completed. Adoption of the resolution directs
staff to transfer money from a letter of credit in the amount of $2.3 million, established
for mine reclamation activities pursuant to the requirements of state mining law
(SMARA), to another secured account. (Deputy City ManagerlDevelopment Services
Director)
ACTION ITEMS
9. CONSIDERATION OF ADOPTION OF A COMMUNITY GARDENS POLICY
Beginning in early 2009, a coalition of community representatives, public health
advocates, and elected officials expressed interest in establishing community gardens in
the City of Chula Vista. Proponents noted that community gardens could play an
important role in helping Chula Vista communities access fresh produce, engage in
healthful low-intensity exercise, and develop a sense of neighborhood cohesion.
Responding to this community interest, the City Council Westside Revitalization
Subcommittee directed staff to prepare a policy to facilitate the establishment of
community gardens in the City. Advocates for the gardens were asked to provide their
input throughout the policy development process, and the resulting document takes those
comments into account. The policy seeks to empower local groups and non-profits to
take the lead in establishing community gardens on City-owned vacant land, with the
City acting in a supporting role. (Deputy City Manager/Development Services Director)
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February 23, 2010
DRAFT
ACTION ITEMS (Continued)
Project Coordinator Blackmar presented the proposed City of Chula Vista Community Garden
Policy.
The following members of the public spoke in support of establishment of community gardens in
the City, and a Community Gardens Policy:
Charlotte Dickson, representing Healthy Easting Active Living Cities Campaign
Tanya Rovira-Osterwalder, representing Chula Vista Healthy Eating and Active
Communities (HEAC)
Cheryl Moder, San Diego resident, representing San Diego Company Childhood Obesity
Initiative
Dana Richardson, National City resident, representing HEAC
Mariaelena Aguilar, Chula Vista resident
Elizabeth Pastrana, Chula Vista resident, representing Cambios con Fe
Councilmember Bensoussan suggested creating policies that would provide incentives for
establishing community gardens on private property in new development and redevelopment
citywide, an annual report by staff to the Council about how the program was working, avoiding
onerous revenues and expense record-keeping requirements by community gardeners, and to
keep an open mind on fencing requirements based upon site locations.
Councilmember Thompson suggested consideration of the concept of under-utilized areas of
city-owned parkland for community gardens on a trial basis. Staffinember Blackmar responded
that parks were not included since they were already over-committed. Additionally, the Parks
Master Plan would address uses for parks. Councilmember Thompson suggested to generally
exclude city-owned parks, and to potentially include little used areas of city parks as potential
candidates in the future.
Mayor Cox suggested authorizing the City Manager to designate otherwise unusable parkland for
the purpose of community gardens at his discretion, and to have staff return in the future with a
status report.
ACTION:
Councilmember Bensoussan moved to adopt the following Resolution No. 2010-
043, heading read, text waived:
RESOLUTION NO. 2010-043, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO
ALLOW THE USE OF CITY-OWNED VACANT LANDS TO CREATE
COMMUNITY GARDENS AND TO TAKE ANY AND ALL ACTIONS
REQUIRED TO IMPLEMENT THE CREATION OF COMMUNITY
GARDENS, ADOPTING THE "COMMUNITY GARDENS POLICY" AS
COUNCIL POLICY TO PROVIDE GUIDANCE IN THE ESTABLISHMENT
AND OPERATION OF COMMUNITY GARDENS ON CITY-OWNED
VACANT LANDS, AND DIRECTING CITY STAFF TO CONSIDER
ADDITIONAL LOCATIONS FOR THE ESTABLISHMENT OF
COMMUNITY GARDENS AND TO MAKE RECOMMENDATIONS OF
SUCH LOCATIONS TO CITY COUNCIL AS THE CURRENT PROGRAM
PROGRESSES
Councilmember Castaneda seconded the motion and it carried 5-0.
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February 23, 2010
DRAFT
ACTION ITEMS (Continued)
Mayor Cox recessed the meeting at 5:54 p.m. The meeting reconvened at 6:03 p.m., with all
members present.
10. CONSIDERATION OF ACCEPTANCE OF A PROGRESS REPORT ON CLIMATE
PROTECTION MEASURES IMPLEMENTATION AND DIRECTING STAFF TO
RETURN IN 180 DAYS WITH AN IMPLEMENTATION UPDATE
The report outlines the City's progress in implementing the climate protection measures
approved by City Council in July 2008. The new measures focus on lowering energy and
water consumption, installing renewable energy systems, promoting alternative fuel
vehicle use, and designing pedestrian and transit-friendly communities. (Director of
Conservation and Environmental Services)
Environmental Resource Manager Reed presented the progress report on Climate Protection
Measures and their implementation.
Director of Conservation and Environmental Services Meacham presented the Financing
Strategy portion of the progress report.
Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke in
support of the appliance rebate program. She asked that the bond proposal be brought back to
the Chamber after its review by the City Attorney. She suggested that rebates for rebate
programs remain local.
Councilmember Bensoussan recommended for the future, consideration of an exhibit wall at City
Hall devoted to the display of the City's receipt of its many awards and certificates.
ACTION:
Councilmember Bensoussan moved to adopt the following Resolution No. 2010-
044, heading read, text waived:
RESOLUTION NO. 2010-044, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA (1) ACCEPTING THE 18-MONTH PROGRESS
REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION
AND (2) DIRECTING STAFF TO RETURN WITHIN 180 DAYS WITH
ANOTHER IMPLEMENTATION UPDATE
Deputy Mayor Ramirez seconded the motion and it carried 5-0.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Sandoval reported on a recent meeting between Executive City staff and
Southwestern College staff on a number of development projects, particularly an agreement to
develop a curriculum for trade school training. He commented on the City's receipt of a grant
from Keiser Perrnanente for $50,000 for the City's Learn to Swim program. He acknowledged
the Planning and Development Services Departments' mission statement, and highlighted the
department's programs towards improved customer service.
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February 23, 2010
DRAFT
12. MAYOR'S REPORTS
Mayor Cox gave a report on the recent Committee of 100 Meeting of February 16th, and
provided some of the ideas proposed by committee members for the City's upcoming centennial.
Further information about the centennial can be accessed online at
www.chulavistacentennial.org. She announced the next Committee of 100 meeting was
scheduled for April 21, 2010.
13. COUNCILMEMBERS' COMMENTS
Councilmember Thompson:
Consideration of authorization to submit a letter on behalf of the City, to the San Diego
Board of Supervisors/Board of Commissioners of the Housing Authority, in support of
allowing Project Based Certificates.
Councilmember Thompson referenced a draft letter distributed on the dais to Mr. David Estrella,
Director, Department of Housing & Community Development, regarding Councilmember
Thompson's review and comment on the proposed Public Housing Authority Plan for the County
of San Diego Housing Authority.
ACTION:
Councilmember Thompson moved to submit the proposed letter for consideration
by the County's Department of Housing & Community Development. Mayor
Cox seconded the motion and it carried 5-0.
Deputy Mayor Ramirez referred to the City's upcoming centennial event, stating that there was
interest by a local organization, Altrusa International to compile a cookbook for the upcoming
centennial, and that he would be interested in working with Altrusa on a prospective cookbook.
He also stated that his father had recently contacted him to compliment the City on the success of
its recent hazardous waste collection event, and was appreciative of the friendly and courteous
service provided by City stat!. Deputy Mayor Ramirez thanked his wife for attending the recent
foreign film festival in his absence, at the South Chula Vista Library.
ADJOURNMENT
At 6:55 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on
March 2,2010, at 4:00 p.m., in the Council Chambers.
.~
Lorraine Bennett, CMC, Deputy City Clerk
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February 23. 2010
DRAFT
MINUTES OF REGULAR MEETINGS OF THE CITY COlJNCIL ~l\!D REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA
March 2,2010
4:00 P.M.
Regular Meetings of the City Council and the Redevelopment Agency of the City ofChula Vista
were called to order at 4:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL
PRESENT:
Council! Agency/ Authority Members: Bensoussan, Castaneda, Ramirez,
Thompson, and Mayor/Chair Cox
ABSENT: None
ALSO PRESENT: City ManagerlExecutive Director Sandoval, City Attorney/Agency
Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
The City's Employee of the Month, Yuen Siu, led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY RICK HOPKINS, DIRECTOR OF PUBLIC WORKS, OF
EMPLOYEE OF THE MONTH YUEN SID, PUBLIC WORKS SPECIALIST
Public Works Director Hopkins introduced employee of the month, Yuen Siu. Mayor Cox read
the proclamation and Deputy Mayor Ramirez presented it to Yuen Siu.
. PRESENTATION OF PROCLAMATIONS TO CHEER TEAMS FROM BONITA
VISTA, CASTLE PARK, CHULA VISTA, HILLTOP, EASTLAKE, OLYMPIAN AND
OT A Y RANCH HIGH SCHOOLS IN RECOGNITION OF THEIR WINNING LOCAL,
STATE AND NATIONAL CHEERLEADING CHAMPIONSHIPS AND
COMMUNITY SERVICE
Mayor Cox read the proclamation and Councilmember Bensoussan presented certificates of
recognition to representatives from each of the schools.
CONSENT CALENDAR
(Items 1-5)
Items 2, 3B and 5 were removed from the Consent Calendar for separate consideration. Item 2
was removed at the request of Council member Thompson, Items 3B and 5, were removed due to
Councilmembers' potential conflict of interest.
Page 1 - CounciVRDA Minutes
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March 2, 2010
DRAFT
1. APPROVAL OF MINUTES of November 3, November 5, and November 9,2009.
Staff recommendation: Council approve the minutes.
2. This item was removed from the Consent Calendar.
3. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31,
2009
A. RESOLUTION NO. 2010-046, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING FISCAL YEAR 2009/2010 BUDGET IN
ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING
AND TRANSFER AUTHORITY AND APPROPRIATING FUNDS THEREOF
(GENERAL FUND, WASTE MANAGEMENT AND RECYCLING FUND, AND
PROP 42 FUND) (4/5THS VOTE REQUIRED)
B. This item was removed from the Consent Calendar.
Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the
Director of Finance through the City Manager.
For govemment entities, a budget creates a legal framework for spending during the
fiscal year. After the budget is approved there are circumstances that arise that could
require adjustments to the approved budget. Council Policy 220-02 "Financial Reporting
and Transfer Authority" was established in January of 1996 and allows for budget
transfers to be completed. (Director of Finance)
Staffrecommendation: Council accept the report and adopt the resolutions.
4. RESOLUTION NO. 2010-048, RESOLUTOIN OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT FOR
PAYMENT OF COSTS OF CONSTRUCTION AND INSTALLATION OF DISTRICT
FACILITIES BY AND BETWEEN THE OTAY WATER DISTRICT AND THE CITY
OF CHULA VISTA (OTAY LAKES ROAD WIDENING, RECLAIMED WATER
PIPELINE, AND UTILITY RELOCATION PROJECT)
The City will begin construction improvements in May 2010, to Otay Lakes Road
between Canyon DrivelRidgeback Road and Gotham Street; and to East H Street, from
Otay Lakes Road west to the East H Street signalized entrance to Southwestern College.
Adoption of the resolution approves an agreement to provide a mechanism by which the
City may construct Otay Water District's (OWD) pipeline, as well as relocate OWD's
facilities in conflict with the City's street improvements. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. This item was removed from the Consent Calendar.
ACTION:
Mayor Cox moved to approve staff's recoII1Illendations and
Calendar Items 1, 3A and 4, headings read, text waived.
Bensoussan seconded the motion and it carried 5-0.
offered Consent
Councilmember
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March 2, 2010
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR
2.A. RESOLUTION NO. 2010-045, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE EXISTING CITY INVESTMENT
POLICY AND GUIDELINES
B. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31,2009
Per California Government Code Section 53646, the City Treasurer may annually present
the City's Investment Policy to the City Council to reaffirm or make any changes to the
existing policy. The Investment Policy provides guidelines for the investment of idle
funds and affords the City various investment opportunities, as long as the investment is
deemedpmdent and in allowable under Government Code Section 53600, et seq. The
City received the Certificate of Excellence Award from the Association of Public
Treasurers United States and Canada (APT - US&C) in August 2007 for its Investment
Policy, and most recently, the Policy was reviewed and adopted by City Council on
February 17, 2009. Adoption of the resolution approves an amendment to the existing
City Investment Policy and Guidelines to include an addition to the list of authorized and
suitable investments.
Transmitted herewith is the City's investment report for the quarter ended December 31,
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. (Director of Finance)
Staff recommendation: Council adopt the resolution and accept the report.
Councilmember Thompson suggested adding the following language to Section 17 of the City's
Investments and Guidelines for the Quarterly investment report: "Comparison of the City's
overall investment return with that of the County and five largest cities in the County. If the rate
of return of the City is greater than one quarter of a percentage point less than the average of
those jurisdictions, an explanation as to why there is a difference." He explained that this would
give the City a good comparison of its investments with its peers. It was the consensus of the
Council to add the proposed language.
ACTION:
Councilmember Thompson moved to approve staff recommendation and offered
Resolution No. 2010-045, and to accept the Investment Report for the quarter
ended December 31,2009, headings read, text waived. Mayor Cox seconded the
motion and it carried 5-0.
3. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31,
2009
B. RESOLUTION NO. 2010-047, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING FISCAL YEAR 200912010 BUDGET IN
ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING
AND TRANSFER AUTHORITY (PARKING METER FUND) (4/5THS VOTE
REQUIRED)
Section 504 (f) of the City Charter requires quarterly [mancial reports to be filed by the
Director of Finance through the City Manager.
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March 2, 2010
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
For government entities, a budget creates a legal framework for spending during the
fiscal year. After the budget is approved there are circumstances that arise that could
require adjustments to the approved budget. Council Policy 220-02 "Financial Reporting
and Transfer Authority" was established in January of 1996 and allows for budget
transfers to be completed. (Director of Finance)
Staff recommendation: Council accept the report and adopt the resolutions.
ACTION:
Mayor Cox moved to approve staffs recommendation and offered Resolution No.
2010-047, heading read, text waived. Councilmember Bensoussan seconded the
motion and it carried 4-0-1, with Councilmember Castaneda abstaining due a
potential property-related conflict of interest.
5. RESOLUTION NO. 2010-049, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FEDERAL FUNDING REQUESTS FOR
SUBMISSION (PROJECT LIST B)
The City of Chula Vista has, for many years, worked cooperatively and effectively with
its Congressional representative on issues concerning our community. Among the ways
we have benefited from this effort is through Federal Funds to support projects and
programs that the City Council has endorsed. In 2010 Federal Funds supported the
Veterans Wing at the Civic Center Branch Library and efforts toward Chula Vista's
future university. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Cox moved to approve staff recommendation and offered Resolution No.
2010-049, heading read, text waived. Councilmember Thompson seconded the
motion and it carried 3-0-2, with Councilmember Castaneda and Deputy Mayor
Ramirez abstaining due to potential property-related conflicts of interest.
PUBLIC COMMENTS
Dan Atwell, Chula Vista resident, spoke about a proposed South Bay Rapid Transit bus
corridor, stating concerns about the proximity of the proposed bus route to the Treviana
and Monet residential communities. He asked the Council to communicate with
SANDAG representatives to look at an alternate bus route. City Manager Sandoval
responded to the comments by Mr. Atwell and briefly explained that staff had conveyed
the concerns by residents of the Treviana and Monet communities to SANDAG, with a
recommendation and concurrence by SANDAG, to prepare an environmental impact
report, take more time to look at the issue, and to ensure that property owners are
involved in the process.
Kevin O'Neill, Chula Vista resident, commented on the City's budget, and suggested a
tiered pay system and pension system. He also suggested outsourcing certain in-house
jobs.
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DRAFT
PUBLIC HEARINGS
6. CONSIDERATION OF AMENDMENTS TO THE REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM
The San Diego Association of Governments (SANDAG) has notified local agencies that
the San Diego region may be eligible for the second round of American Recovery and
Reinvestment Act (ARRA - II) funds. In order to be eligible for these funds, the projects
must already be included in the Regional Transportation Improvement Program (RTIP)
and a contract must be awarded by June 1, 20 I O. Signed resolutions must be submitted to
SAl\fDAG by March 5, 2010. There are two Chula Vista RTIP projects, CHV35 &
CHV48, that meet this criteria, but a fund swap to allow for the ARRA - II funds is
necessary. Adoption of the resolutions revises the project funding from TransNet funds
to ARRA - II funds, should the ARRA - II funds become available. (Director of Public
Works)
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.
Assistant Director of Engineering Quilantan provided an overview of the proposed amendments
to the Regional Transportation Improvement Program.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Ramirez moved to adopt the following Resolution Nos. 2010-050
and 2010-051, headings read, text waived:
A. RESOLUTION NO. 2010-050, RESOLUTON OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO
PROJECT CHV35, TRAFFIC SIGNING, STUDIES AND SIGNAL, TO THE
TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR
SUB MITT AL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
FOR INCLUSION IN THE REGIONAL TRANSPORTATION
IMPROVEMENT PROGRi\M FOR FISCAL YEARS 2008/2009 THROUGH
2012/2013, AND PROVIDING CERTIFICATION AND INDEMNITY
STATEMENTS NECESSARY TO CONDUCT A FUND SWAP FROM
TRANSNET FUNDS TO AMERICAN RECOVERY AND REINVESTMENT
FUNDS
B. RESOLUTION NO. 2010-051, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO
PROJECT CHV48, PAVEMENT MAJOR REHABILITATION, TO THE
TRANSNET LOCAL STREET IMPROVEMENT PROGRAM, FOR
SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
FOR INCLUSION IN THE REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH
2012/2013, AND PROVIDING CERTIFICATION AND INDEMNITY
STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS TO
CONDUCT A FUND SWAP FROM TRANSNET FUNDS TO AMERICAN
RECOVERY AND REINVESTMENT FUNDS
Councilmember Castaneda seconded the motion and it carried 5-0.
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DRAFT
SUBCOMMITTEE REPORT
7. PUBLIC SAFETY SUBCOMMITTEE RECOMMENDATION: DIRECTION TO THE
CITY ATTORNEY TO DRAFT AN ORDINANCE CREATING A TOBACCO
RETAILER LICENSING PROGRAM IN CHULA VISTA
Councilmember Castaneda introduced the item. Council Assistant Baiz-Torres and Senior
Council Assistant Wagner provided information about a report by the Public Safety
Subcommittee of tobacco sales to minors.
Robert Russel, San Diego resident, spoke in opposition to the accessibility of tobacco wrappers
by minors.
Nicholas Attard, San Diego resident, representing House of Metamorphosis, was in favor oflocal
licensing to retailers for the sale of tobacco as part of a business license, but they are to be held
accountable for the sale of tobacco. He encouraged youth education about the dangers of
smoking.
Gary Woodson, representing the Palavra Tree, was in favor of regulating the sale of tobacco to
minors.
Shaquille Bush, San Diego resident, representing the Palavra Tree spoke in favor of regulating
the sale of tobacco to minors.
Louis Galarza, San Diego resident, representing the Palavra Tree, spoke in favor of regulating
the sale of tobacco to minors.
Wendy Burgin, San Diego resident, representing the Palavra Tree, spoke in favor of regulating
the sale of tobacco to minors. She also suggested volunteer programs at schools to educate youth
about tobacco use.
Scott Vinson, Chula Vista resident, representing the Chula Vista Chamber of Commerce,
requested Council consider providing the Chamber an opportunity to review the proposed
ordinance to ensure that it would do what it was supposed to do, to reduce the sale of tobacco
products to minors, and not a way to increase taxes.
Theresa Acerro, Chula Vista resident, suggested that fees be imposed on only those retailers who
sell single tobacco products.
Kathleen Sullivan, San Diego resident, representing the American Lung Association, spoke in
favor of regulating the sale of tobacco to minors.
Rarnzi Murad, Rancho San Diego resident, representing the Neighborhood Market Association,
suggested that the information about sales of tobacco to youth in the City is validated prior to
adoption of an ordinance.
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DRAFT
SUBCOMMITTEE REPORT (Continued)
Mark Arabo, El Cajon resident, representing the Neighborhood Market Association, stated that
minors were not accessing tobacco through retail stores. He further stated that the Association
conducted a study using its own decoys and had a responsible tobacco retail program. He
suggested partnerships with the City and law enforcement, and outreach to local schools and the
community to address the matter.
Samantha Dabish, El Cajon resident, representing the Neighborhood Market Association,
provided the Council with handouts regarding Neighborhood Market Association Responsible
Tobacco Retailing Program, and data from the California Department of Public Health and the
Stop Tobacco Access to Kids Enforcement (STAKE) Act. She urged the Council to review the
information before enacting an ordinance.
Sam Salem, Chula Vista retail store owner, stated that additional taxes on small businesses
would be burdensome. He suggested further examination on the accuracy of the report by staff
to the Council, and encouraged all parties involved to work together on the matter.
Andrea Cardenas, Chula Vista resident, representing the South Bay Young Democrats, stated
that the proposed ordinance and fees would directly affect small businesses. She commented on
the need for proactive outreach and education for youth about the harmful affects of tobacco and
smoking.
Sunshine Horton, El Cajon resident, stated that the problem of smoking starts and ends at home
and that parents should be held accountable. She suggested involvement by the Parent Teachers
Association, and collaborative efforts by the community.
Hector Zamora, representing the House of Metamorphosis spoke in favor of regulating the sale
of tobacco to minors.
Lynda Barbour, San Diego resident, representing the American Cancer Society, spoke in favor of
regulating the sale of tobacco to minors.
Larry Breitfelder, Chula Vista resident, spoke in support of the existing penalties for the sale of
tobacco to minors. He stated that the proposed ordinance was a hidden tax and should be
rejected as such.
Dr. Ben Burnette, Chula Vista resident, representing Faith-Based Community, suggested
communication between all entities about laws to address the issue of tobacco sales to minors.
Councilmember Thompson suggested third-party monitoring of retailers of cigarette sales to
minors. He further stated that should the proposed ordinance be approved, to encourage other
funding sources, that the City lobby the State to pay for the third party monitoring, and to
remove the City fees as soon as other funding was available.
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DRAFT
SUBCOMMITTEE REPORT (Continued)
Councilmember Castaneda spoke in support of the proposed tobacco retailer licensing program.
Deputy Mayor Ramirez stated that he could not support the subcommittee recommendation for
additional fees to retailers.
Councilmember Bensoussan asked Police Chief Bejarano about the City's ability to enforce laws
on tobacco sales, information about monitoring or decoy operations, and a cost analysis on the
proposed fees. Chief Bejarano responded that the department had received no recent information
about enforcement of tobacco sales, and that no formal complaints were received from school
administrators and parents about illegal tobacco sales. He stated that police resources were
limited, and the cost of a full-time officer dedicated to decoy operations was approximately
$125,000, or the possibility ofa part-time officer or overtime at a cost of approximately $60,000.
Councilmember Bensoussan suggested that retailers attend seminars and/or courses on tobacco
sales to minors, and further suggested that the proposed fees be waived for those retailers who
have completed a certification process. She also suggested partnerships with the National
Medical Association and the Chula Vista Chamber of Commerce to seek further solutions, and to
also look at faith-based funding.
Councilmember Thompson suggested third party monitoring and assessment, not self-
regulating/self-monitoring; and encouraged funding ideas for monitoring.
Councilmember Castaneda - Go back and work with Chamber and neighborhood markets to talk
about ways to work with retailers and possibly eliminate some fees for retailers willing to enter
in to a program. For those retailers who are not interested, he suggested bringing back some
ability to generate resources to do enforcement. Would like to meet and discuss further ideas
with Councilmember Thompson. He spoke about his support of the earlier comment by Deputy
Mayor Ramirez, to make this matter a priority, and to have the City Manager come back with
information on how to slow down or eliminate sales of tobacco to minors.
ACTION:
Deputy Mayor Ramirez moved to direct staff to come back in 60-90 days with a
recommendation, given the City's financial constraints, for a program, in
collaboration with others in the community, to address this problem. The motion
died for lack of a second.
ACTION:
Councilmember Castaneda moved to 1) direct the City Manager to make
enforcement of the rules regarding tobacco sales to minors a priority, that the
Police Chief, through the City Manager, return within 45 days with a program,
given existing resources, and report whether or not this could be accomplished
and in what form; 2) charge Councilmembers Castaneda and Thompson to work
with the industry to work together towards more education and training for
retailers and funding scenarios, to include an independent audit, financed by the'
City, to determine the issue. Councilmember Thompson seconded the motion.
Councilmember Thompson asked Councilmember Castaneda to amend his original motion to
identifY a feasible means of having an independent audit, to be brought back by the
Subcommittee. Councilmember Castaneda accepted the amendment.
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DRAFT
SUBCOMMITTEE REPORT (Continued)
ACTION:
1) Councilmember Castaneda moved to direct the City Manager to establish
enforcement of City laws regulating the sale of tobacco to minors as a priority; 2)
Direct the Police Chief, through the City Manager, to come back within 45 days
with a report or recommendation on whether or not enforcement of existing laws
could be accomplished using existing resources (and if so, how that would work);
3) Direct the Public Safety Subcommittee to go back and reestablish its working
relationship with the industry, public health advocates, the Chamber of
Commerce, and City staff, to look at various ways to fund enforcement of the
laws that exist in the City. Councilmember Thompson seconded the motion and it
carried 3-2, with Mayor Cox and Deputy Mayor Ramirez opposed.
Mayor Cox recessed the meeting at 7:05 p.m. The meeting reconvened at 7:25 p.m., with all
members present.
ACTION ITEMS
8. CONSIDERATION OF THE SALE OF A 14.41-ACRE SITE BY THE
REDEVELOPMENT AGENCY TO THE CITY, APPROVAL OF AN INTER-FUND
LOAN TO ACQUIRE THE SITE, AND REDUCTION OF THE REDEVELOPMENT
AGENCY'S OUTSTANDING LOAN BALANCE OWED TO THE CITY
In order to reduce the debt obligations of the Redevelopment Agency and to provide for
potential additional park land west of Interstate 805, staff recommends that the
Redevelopment Agency sell a 14.41 acre site to the City, and that the City credit the
Redevelopment Agency for an outstanding loan. (Deputy City ManagerlDevelopment
Services Director)
Mayor Cox announced that Items 8A and 8B would be addressed separately.
City Manager Sandoval introduced the item. Deputy City Manager/Development Services
Director Halbert and Real Property Manager Ryals then presented information regarding Item
8A, the acquisition of additional park land west of Interstate 805.
Peter Watry, Chula Vista resident, spoke in support of the City's purchase of additional park
land, he also urged the Council to include the purchase of the 6-acre Floyd property and to
include the community in the planning process.
Theresa Acerro, Chula Vista resident, spoke in support of the purchase of the park land, but
stated that it should be considered open space.
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DRAFT
ACTION ITEMS (Continued)
Walter Rusinek, representing Earl Jentz, suggested that the City look at the accuracy of the
appraised land value of the property, and determine whether or not the Park Acquistion and
Development fees should be raised to reflect the dollar value of parklands.
Michelle Castagnola, Chula Vista resident, spoke in support of the proposed resolutions.
ACTION: Mayor/Chair Cox moved to adopt the following Council Resolution No. 2010-052
and Redevelopment Agency Resolution No. 2010-2018, headings read, texts waived:
A. COUNCIL RESOLUTION NO. 2010-052, AND REDEVELOPMENT AGENCY
RESOLUTION NO. 2010-2018, RESOLUTION OF THE CHULA VISTA CITY
COUNCIL CHULA VISTA REDEVELOPMENT AGENCY AUTHORIZING
THE EXECUTIVE DIRECTOR TO SELL FROM THE REDEVELOPMENT
AGENCY, AND THE CITY MANAGER TO PURCHASE FOR THE CITY OF
CHULA VISTA, THE 14.41 ACRE SITE (APN 563-350-1300 AND 566-131-
0100) LOCATED IN THE LOWER SWEETWATER VALLEY, FOR THE
APPRAISED VALUE OF APPROXIMATELY $9.6 MILLION, AND
APPROVING AN INTER-FUND LOAN FROM THE EASTERN PARKLAND
ACQUISITION AND DEVELOPMENT FEE FUND TO THE WESTERN
PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND TO
ACQUIRE THE SITE, AND AUTHORIZING THE EXECUTIVE
DIRECTOR/CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS TO CONVEY THE SITE TO THE CITY, AND
AUTHORIZING THAT THE PROCEEDS OF THE SALE BE APPLIED TO
THE OUTSTANDING LOAN BALANCE OWED TO THE CITY'S GENERAL
FUND FOR FISCAL YEAR 2010/2011
Council/Agency Member Castaneda seconded the motion and it carried 5-0.
Deputy City Manager/Development Services Director Halbert provided information regarding
Item 8B, the Redevelopment Agency's outstanding loan balance.
The following members of the public spoke in opposition to Item 8B:
Theresa Acerro, Chula Vista resident.
Walter Rusinek, representing Earl Jentz.
Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association.
Isabelle Espino, Chula Vista resident, representing Chula Vista Civic Association.
Discussion ensued regarding the Agency's outstanding loan.
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AGREEING TO REDUCE THE REDEVELOPMENT AGENCY'S
OUTSTANDING LOAN BALANCE OWED TO THE GENERAL FUND BY $4.6
MILLION FOR PREVIOUS LOANS OWED TO THE AGENCY BY THE CHULA
VISTA NATURE CENTER
ACTION: Mayor Cox moved to trail Item 8B. Councilmember Castaneda seconded the motion
and it carried 5-0.
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DRAFT
OTHER BUSINESS
Mayor Cox recessed the meeting at 8:35p.m. The meeting reconvened at 8:53 p.m. with all
members present.
9. CITY MANAGERJEXECUTIVE DIRECTOR'S REPORTS
There were none.
10. MA YORJCHAIR'S REPORTS
Mayor Cox reminded everyone of the Mayor's State of the City on March 16, 2010 at 6:00 p.m.
She announced the upcoming Robotics competition at the Sports Arena on March 6th and 7th, in
which local schools Eastlake High, Chula Vista High, Hilltop High and Olympian High would be
participating. She announced the next Chula Vista Centennial Committee meeting scheduled for
April 21, 2010.
11. COUNCILlAGENCYMEMBERS' COMMENTS
Councilmember Bensoussan announced that the Bonita Library was hosting a job fair on March
, '~._'".
4, 2010, from 10:00 a.m. to 2:00 'p.m., sponsored by County Supervisor, Greg Cox, and the
Southwestern College street painting festival";;n'J community resource fair, celebrating Women's
History Month would be held on March 4th and 5th, from 9:00 a.m. to 3:00 p.m. She also
announced that Chula Vista High School was holding a Promaganza event on March 6th.
Councilmember Bensoussan: Direction to the City Attorney to amend Resolution No.
2009-214, regarding placing an initiative measure entitled "Pair and Open Competition in
Contracting Ordinance" on the ballot.
Councilmember Bensoussan suggested directing the City Attorney to amend the ballot language
on the Pair and Open Competition in Contracting Ordinance and suggested using the initiative
summary paragraph that states the prohibitions of the initiative, rather than the title that does not
accurately pose the question of the initiative.
Mayor Cox asked for clarification, and City Attorney Miesfeld explained the differences
between a ballot question, ordinance title, impartial analysis, and ballot title and summary.
City Attorney Miesfeld stated that the City had received letters from opponents and proponents
of the measure, both implying the possibility oflitigation on the matter.
Evan McLaughlin, Chula Vista resident, representing "We Won't Pay to Give Chula Vista Jobs
Away," stated that the ballot question should be stated in accordance with law, and spoke in
favor of proposed amendments to the resolution.
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DRAFT
OTHER BUSINESS (Continued)
Ricardo Ochoa, National City resident, representing "We Won't Pay To Give Chula Vista Jobs
Away", referenced a letter submitted to the Council from the law firm of Hayes & Cunningham,
dated March 1, 2010, stating that the existing ballot question was misleading, and suggested an
alternative ballot question that would more accurately describe what the proposed measure
would do.
Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association, asked the Council
to allow the citizens the opportunity to decide on the matter of Fair and Open Competition in
Chula Vista.
William Baber, La Mesa resident, representing Chula Vistans for Jobs and Fair Competition,
summarized his letter submitted on the dais, dated March 2, 2010, and asked why the ballot
question needed to be changed.
Discussion ensued about review of the ballot language.
ACTION: Councilmember Bensoussan moved to direct the City Attorney to review the ballot
language for accuracy and impartiality, and to bring the item back on March 9, 2010
for Council consideration. Councilmember Castaneda seconded the motion and it
carried 4-1, with Deputy Mayor Ramirez voting no.
ADJOURNMENT
At 9:37 p.m., Mayor Cox adjourned the meeting to a workshop on March 4,2010 at 4:00 p.m.,
and thence to the Regular Meeting of March 9, 2010 at 4:00 p.m. The Redevelopment Agency
was adjourned to its next Regular Meeting.
~ ~
Lorraine Bennett, CMC, Deputy City Clerk
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