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HomeMy WebLinkAboutrda min 2010/03/02 ccMINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Mazch 2, 2010 4:00 P.M. Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula 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 Manager/Executive 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 SIU, 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 OTAY 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 Calendaz for separate consideration. Item 2 was removed at the request of Councilmember Thompson, Items 3B and 5, were removed due to Councilmembers' potential conflict of interest. Page ] - Council/RDA Minutes March 2, 2010 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/STHS VOTE REQUIRED) B. This item was removed from the Consent Calendaz. Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the Director of Finance through the City Manager. For government entities, a budget creates a legal framework for spending during the fiscal yeaz. After the budget is approved there aze circumstances that arise that could require adjustments to the approved budget. Council Policy 220-02 "Financial Reporting and Transfer Authority" was established in Januazy of 1996 and allows for budget transfers to be completed. (Director of Finance) Staff recommendation: 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 Drive/Ridgeback 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 Calendaz. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz Items 1, 3A and 4, headings read, text waived. Councilmember Bensoussan seconded the motion and it carved 5-0. Page 2 -Council/RDA Minutes Mazch 2, 2010 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 deemed prudent 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: "Compazison 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 2009/2010 BUDGET IN ACCORDANCE WITH THE COUNCIL POLICY ON FINANCIAL REPORTING AND TRANSFER AUTHORITY (PARKING METER FUND) (4/STHS VOTE REQUIRED) Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the Director of Finance through the City Manager. Page 3 -Council/RDA Minutes March 2, 2010 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 staffls 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 yeazs, 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 towazd 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 aze 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. Page 4 - Council/RDA Minutes March 2, 2010 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, 2010. Signed resolutions must be submitted to SANDAG by Mazch 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 heazing was given in accordance with legal requirements, and the heazing 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 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 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. Page 5 -Council/RDA Minutes March 2, 2010 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 of local licensing to retailers for the sale of tobacco as part of a business license, but they aze 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 Galazza, 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. Ramzi Murad, Rancho San Diego resident, representing the Neighborhood Mazket Association, suggested that the information about sales of tobacco to youth in the City is validated prior to adoption of an ordinance. Page 6 - CounciURDA Minutes Mazch 2, 2010 SUBCOMMITTEE REPORT (Continued) Mark Arabo, EI 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 Cazdenas, 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, EI Cajon resident, stated that the problem of smoking starts and ends at home and that pazents 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 Bazbour, 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 Barnette, 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 cigazette 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. Page 7 -Council/RDA Minutes March 2, 2010 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 Bejazano 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 Bejazano 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 pazents 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 of a 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 mazkets 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 aze 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 eazlier 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) chazge Councilmembers Castaneda and Thompson to work with the industry to work together towazds more education and training for retailers and funding scenazios, 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. Page 8 - Council/RDA Minutes Mazch 2, 2010 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 Manager/Development 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 pazk land west of Interstate 805. Peter Watry, Chula Vista resident, spoke in support of the City's purchase of additional pazk 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 pazk land, but stated that it should be considered open space. Page 9 - Council/RDA Minutes March 2, 2010 ACTION ITEMS (Continued) Walter Rusinek, representing Eazl 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 dollaz value of pazklands. 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 Eazl Jentz. Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association. Isabelle Espino, Chula Vista resident, representing Chula Vista Civic Association. Discussion ensued regazding 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 carved 5-0. Page 10 -Council/RDA Minutes March 2, 2010 OTHER BUSINESS Mayor Cox recessed the meeting at 8:35 p.m. The meeting reconvened at 8:53 p.m. with all members present. 9. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS There were none. 10. MAYOR/CHAIR'S REPORTS Mayor Cox reminded everyone of the Mayor's State of the City on Mazch 16, 2010 at 6:00 p.m. She announced the upcoming Robotics competition at the Sports Arena on Mazch 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. COUNCIL/AGENCY MEMBERS' 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 and 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 "Fair and Open Competition in Contracting Ordinance" on the ballot. Councilmember Bensoussan suggested directing the City Attorney to amend the ballot language on the Fair 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 of litigation 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. Page 11 -Council/RDA Minutes March 2, 2010 OTHER BUSINESS (Continued) Ricazdo 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 Mazch 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 Mazch 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. /~ ~rraine Bennett, CMC, Deputy City Clerk Page 12 - CounciURDA Minutes March 2, 2010