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HomeMy WebLinkAbout2010/11/23 Item 1 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 22, 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, ChuIa Vista, CaIifomia. ROLL CALL PRESENT: Council members Bensoussan, Castaneda, Thompson (arrived at3:07 p.m.) and Mayor Cox ABSENT: Councilmember Ramirez (excused) CLOSED SESSION I. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 . Agency designated representatives: Jim Sandoval, Bart Miesfeld, Simon Silva and Maria Kachadoorian . Employee organization: Mid-Managers/Professionals Group No reportable action was taken on this item. ADJOURNMENT At 3:20 p.m., Mayor Cox adjoumcd the meeting to the next regular City Council meeting of June 22,2010, at 4:00 p.m., in the Council Chambers. ~~~ Ifr' Lorraine Bennett, CMC, Deputy City Clerk Page I - Council Minutes June 22, 2010 /11 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE ClTY OF CHULA VISTA June 22, 2010 4:00 P.M. A Regular Meeting of the City Council of the City ofChula Vista was called to order at 4:14 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista. California. ROLL CALL PRESENT: Council members Bensoussan, Castancda, Thompson, and Mayor Cox ABSENT: Ramirez (excused) ALSO PRESENT: City Manager Sandoval, City Attorney Miesfcld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE City Manager Sandoval led the Pledge of Allegiance. CONSENT CALENDAR (Items 1-13) Mayor Cox noted that Item 16 was pulled from the agenda; Item 12 would be considered as an Action Item, and Item 13 was pulled from the Consent Calendar to be considered separately. City Attorney Miesfeld cxplained that due to potential property-related conflicts of interest for Councilmembcrs Bensoussan, Castaneda and Thompson, names would be drawn to determine which two of the three Councilmembers would participate in the discussion of Item 13. City Attorney Miesfeld commented on Item 4, stating that the grant deed language would be amended to include the phrase, "subject to all matters of record" 1. ORDINANCE NO. 3157, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.12, SECTION 9.12.190, SUBSECTIONS I AND P OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) The City Manager's Ol1ice has received a citizen request to amend Chula Vista Municipal Codc Section 9.12.190, subsections (I) and (P), to increasc the limit on bingo gaming pcr game from the current limitation of $250.00 to $500.00 and; consideration to eliminate the provision prohibiting saved seating at bingo games. The proposed revision to incrcase the bingo game limit is lawful and necessary to bring it into confollnance with state law. Because thc issue of saved seating at bingo games is not addressed or regulated in the state law governing bingo gambling, this revision can be accomplished through Council action on the item. This ordinance was introduced on June 15.2010. (City Attorney) Staffrecommendation: Council adopt the ordinance. Page 1 - Council Minutes /13-/ June 22. 2010 DRAFT CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 3158, ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTERS 2.19 AND 2.41 OF THE CHULA VISTA MUNICIPAL CODE IN THEIR ENTIRETY (4/5THS VOTE REQUIRED) (SECOND READING AND ADOPTION) Chapter 2.19 of the Chula Vista Municipal Code entitled "Nature Center Department" and Chapter 2.41 entitled "Chula Vista Nature Center Board of Trustees" are no longer valid or applicable, since management and operations of the Chula Vista Nature Center are now being administered by the Chula Vista Nature Center Foundation, a State of California certified nonprofit public benefit corporation. This ordinance was introduced on June 15,2010. (Director of Recreation and Nature Center) Staff recommendation: Council adopt the ordinance. 3. This item was removed from the Consent Calendar. 4. RESOLUTION NO. 2010-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT DEED AND APPROVING A GENERAL RELEASE OF LIABILITY FOR AN 8.61 ACRE SITE, ASSESSOR PARCEL NUMBER 624-071-01 LOCATED IN THE OTA Y RIVER VALLEY TO BE INCLUDED IN THE OTAY VALLEY REGIONAL PARK Joseph W. Davies, Trustee of the Davies Family Trust (Trust), desires to donate an 8.61 acre silt: located in the Otay River Valley to the City ofChula Vista to be includcd within the Otay Valley Regional Park. In exchange for the donation the Trust requests a General Rclease of Liability from the City. (Deputy City Manager/Development Services Director) StafTrecommendation: Council adopt the resolution. 5. RESOLUTION NO. 2010-157. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $26,318 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND AMENDING THE FISCAL YEAR 2010/2011 ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND (4/5THS VOTE REQUIRED) The Police Department recently received notice of a grant award in the amount of $26,318 from the California Department of Alcoholic Beverage Control (ABC). This one-year project will target ABC licensees that continually violate ABC and City regulations, particularly those that allow narcotics activity on their premises. (Chief of Police) StalTrecommendation: Council adopt the resolution. Page 2 - Council Minutes I~ .- J... June 22, 20 I 0 DRAFT CONSENT CALENDAR (Continued) 6. A. RESOLUTION NO. 2010-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $2,051,600 IN LOAN FUNDS FROM THE CALIFORNIA ENERGY COMMISSION TO INSTALL ENERGY EFFICIENT INDUCTION STREETLIGHTS B. RESOLUTION NO. 2010-159, RESOLUTION OF THE CITY COUNCIL OF TI-IE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT FOR THE "CITYWIDE STREET LIGHTING RETROFIT" PROJECT (G0214) TO SOUTHERN CONTRACTING, INC. WHICH WILL BE FUNDED THROUGH FISCAL YEAR 2010/201 I CAPlTAL IMPROVEMENT PROJECT GG214, REIMBURSED THROUGH THE CALIFORNIA ENERGY COMMISSION LOAN PROGRAM. AND AUTHORIZING USE OF ALL AVAILABLE CONTINGENCIES The Public Works Departmcnt has been conducting an energy cfficient streetlight assessment project in hopes of saving energy, reducing the size of our carbon footprint, and help contribute to a sate public environment. By retrofitting 4,600 streetlights with induction lighting technologies the City will reduce its energy consumption by 862,000 kwh per year, a cost savings of approximately $199,300 annually. The project will be funded through the California Energy Commission's 10/0-interest loan program and San Diego Gas & Electric's cnergy efficiency rebates. (Director of Public Works and Director of Conservation & Environmental Scrvices) StatTrecommcndation: Council adopt the resolutions. 7. A. RESOLUTION NO. 2010-160, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2010/20] 1 FOR OPEN SPACE DISTRICTS] THROUGH 8, 10, II, 14,15,17,20,23,24,26,31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS B. RESOLUTION NO. 2010-]61, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 20]0/201] FOR THE TOWN CENTRE MAINTENANCE DISTRICT AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING TI-IE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS C. RESOLUTION NO. 20]0-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2010/20]] FOR THE OPEN SPACE MAINTENANCE DISTRICTS NO.9 AND 18 AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS Page 3 - Council Minutes //!;-3 June 22. 2010 DRAFT CONSENT CALENDAR (Continued) The City administers and maintains 36 Open Space Districts and associated zones that have been established over the last 30 years. The Districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The City Council's approval of the levy is requircd by the first week of August in order to meet the deadlines established by the County Tax Assessor. Adoption of the resolution allows for the assessment of currently approved levy amounts in order to ensure that the County Tax Assessor deadlines are met for all 36 Open Space Districts. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2010-163. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF GRANT APPLICATIONS FOR ST A TE-LEGlSLA TED SAFE ROUTES TO SCHOOL FUNDING CYCLE 9 TO IMPROVE PEDESTRIAN AND BICYCLE FACILITIES AT THREE ELIGIBLE LOCATIONS California legislated a Safe Routes to School (SR2S) program in 1999 with the enactment of AB 1475. The goals of the program are to reduce injuries and fatalities to schoolchildren and to encourage increased walking and bicycling among students. Adoption of the resolution approves the filing of a grant application for thrce projects undcr Cycle 9 2010/2011 of thc State-Legislated Safe Routes to School Program. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2010-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 SEWER SERVICE REVENUE BUDGET AND APPROPRIATING $360,000 FROM THE AVAILABLE FUND BALANCE (4/5THS VOTE REQUIRED) Annually. the City ofChula Vista budgets for treatment of wastewater by the City of San Diego Wastewater Metropolitan District (Metro) based on the estimatcd wastewater flows and strength. An appropriation of $360,000 is needed to address a shortfall in the fiscal year 2009-10 budget due to a change in the refund methodology by Metro. In prior years, refunds by Mctro were credited to the quarterly invoice for treatment scrvices. As a result. staff budgeted the projected expenditure minus anticipated credits. This year, a refund check was issued to the City and deposited into the Sewer Service Revenue Fund. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes j/!;-i.f June 22, 2010 DRAFT CONSENT CALENDAR (Continued) 10. A. RESOLUTION NO. 2010-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TRANSPORTATION SALES TAX (TRANSNET) FUND RECONCILIATION AND ALLOCATION ADJUSTMENTS AND APPROPRIATING $52,743 IN A V AILABLE TRANSNET FUNDS TO EXISTING PROJECT OP202 (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2010-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TRANSPORTATION DEVELOPMENT ACT (TDA) AND TRANSPORTATION EQUITY ACT (TEA) 21 FUND RECONCILIATION, TRANSFER AND ALLOCATION ADJUSTMENTS AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $25,344 FROM THE GENERAL FUND TO CLOSE COMPLETED PROJECTS STM334, ST922 AND ST298 (4/5THS VOTE REQUIRED) Annually, the City is required to perform a reconciliation of Transportation Sales Tax (TransNet), Transportation Development Act (TDA) and Transportation Equity Act for the 21st Century (TEA-21) funds. Based on this year's reconciliation and review of prior-year audit recommendations, staff is recommending allocation adjustments of existing funds to address project deficits from available fund balances. In addition, statT is recommending an appropriation of $52,743 in available TransNet funds to existing project OP202 and $25,344 from the General Fund to elosc completed projects STM334, ST922 and ST298. (Director of Public Works) Staff reconunendation: Council adopt the resolutions. II. A. RESOLUTION NO. 2010-167, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF A USED OIL PAYMENT PROGRAM REGIONAL APPLICATION ON BEHALF OF CHULA VISTA AS THE LEAD AGENCY AND PARTICIPATING AGENCIES B. RESOLUTION NO. 2010-168, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN ALL GRANT DOCUMENTS TO APPLY FOR AND RECEIVE FUNDS FROM THE CALIFORNIA USED OIL PAYMENT PROGRAM THROUGH JUNE 30, 2015 In September 2009, Governor Schwarzenegger signed Senate Bill 546 (SB 546), making significant changes to the California Oil Recycling Enhancement Act. SB 546 restructured the lubricating oil recycling fee and the used oil recyeling incentive payment system, streamlined the used oil grant program, required promotion of the production and use of re-refined oil, changed the used oil certilied collection center program, and made various change to thc handling and management of used oil. A revised resolution and signatory authorization is required under the new regulations for the City to continue to receive funding for the Used Oil Recycling Program. (Director of Public Works) Statfrecommendation: Council adopt the resolutions. Page 5 - Council Minutes /15-5' June 22, 2010 DRAFT CONSENT CALENDAR (Continued) 12. This item was removcd from the Consent Calendar, and considered with Action Items. 13. This item was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendar ltems 1-11, headings read, text waived. Councilmember Bensoussan seconded the motion. Councilmember Thompson requested to pull Item 3 from the Consent Calendar for commcnt. Mayor Cox, with concurrence from Councilmember Bensoussan, amended the motion as follows: ACT10N: Mayor Cox moved to approve staffs recommendations and Calendar ltems 1-2 and 4-11, headings read, text waived. Bensoussan seconded the motion, and it carried 4-0. offered Consent Councilmem ber ITEMS REMOVED FROM THE CONSENT CALENDAR 13. RESOLUTION NO. 2010-170. RESOLUTION OF TI-IE CITY COUNCIL OF TI-IE CITY OF CI-IULA VJSTA ADOPTING THE PEDESTRJAN MASTER PLAN On July 22. 2008, City Council approved an agreement betwecn the City of Chula Vista and Alta Planning + Design for the development of the City's first Pedestrian Master Plan. The goal of the Plan was to identify and prioritize pedestrian improvcment projects based on technical analysis and community input, thereby promoting orderly implementation on a citywide basis and enhancing the City's ability to secure funding. Thc draft Final Report has been prcpared and presented to the Safety Commission for commcnt. (Director of Public Works) Staff recommendation: Council adopt the resolution. City Attorncy Miesfeld stated that the first two Councilmembcr names drawn would participate, and the third Councilmember would abstain from participation on the item. The tlrst two names were drawn by City Clerk Norris, who announced that Councilmembers Bcnsoussan and Thompson would participate on the itcm, and that Councilmember Castancda would abstain from participation on the itcm. Councilmember Castaneda left the dais at 4:19 p.m. Principal Civil Engineer Rivcra introduccd Sam Corbett. Project Manager for the Pedestrian Master Plan, rcpresenting Alta Planning + Design, who gave an overvicw of the Pedcstrian Master Plan. Parks Pembcrton, Chula Vista residcnt, stated there were hazards associatcd with pedcstrians crossing at the intersection of Otay Lakcs Road and East I-I Street, and suggcsted that thc intersection bc closed to pedestrian traffic. Page 6 - Council Minutes /t!>-b June 22, 2010 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Councilmembcr Bensoussan moved to adopt Resolution No. 2010-170, heading read. text waived. Councilmcmber Thompson seconded the motion, and it carried 3-0-1, with Councilmember Castaneda abstaining. Councilmember Castaneda returned to the dais at 4:32 p.m. 3. RESOLUTION NO. 2010-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE LOAN DOCUMENTS BY AND BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY SERVICES IN THE AMOUNT OF $385,000, AND ALL OTHER DOCUMENTS NECESSARY FOR THE FINANCING OF THE ACQUISITION AND REHABILITATION OF 1194-1196 TRENTON AVENUE FOR AFFORDABLE HOUSING, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The City Council preliminarily approved a request from South Bay Community Services (SBCS), to provide financial assistance up to $385,000 from its federal Community Development Block Grant (CDBG) funds to support the acquisition and rehabilitation of a 7 unit housing complex located at 1194-1196 Trenton Avenue to operate as affordable housing. All contingencies have been met, and adoption of the resolution authorizes the City Manager to execute loan documents after City Attorney approval. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Councilmember Thompson commented on a HUD mandate that restricts full time students from residing in federally-funded projects. To that end, he suggested, with Council concurrence, that should the applicant consider permitting full time students in the project, that it would receive the City's support to do so. ACTION: Councilmember Thompson moved to adopt Resolution No. 2010-155, heading read. text waived. Councilmember Castaneda seconded the motion. and it carried 4-0. PUBLIC COMMENTS Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce, invited the community to "Movie Night", on Saturday, June 26, 2010, from 5:30 p.m. - 10:30 p.m., at the Chula Vista Nature Center, with all proceeds to benefit the Nature Center. Dan Runyan, Chula Vista resident, commented on potential rent increases for residents at Brentwood Mobilchome Park. and he asked for Council assistance on the matter. Gregg Mattson, representing the Third Avenue Village Association, presented community events scheduled in 2010. and invited the community to attend the various activities. Page 7 - Council Minutes jL! -'1 June 22, 2010 DRAFT PUBLIC COMMENTS (Continued) Val Delgat, San Diego residcnt and local business owner, commented on fees chargcd by the City for costs to repair a broken fire sprinkler on his property. He asked for Council assistance on the matter. Mayor Cox referred the matter to Deputy Fire Chief Garcia and City Managcr Sandoval. Ed Hcrrera, Chula Vista resident, rcpresenting Chula Vista Civic Association, spoke III opposition to fees associated with cost recovery scrvices for emergency services. PUBLIC HEARINGS 14. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS The Police Department has recently received notice of an Edward Byrne Memorial Justice Assistance Grant award in the amount of $98,030 from the Bureau of Justice Assistance. These funds were allocated to the Police Department based on city population and Part I violent crime statistics. (Chief of Police) Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the timc specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2010- 171, heading read, text waived: RESOLUTION NO. 2010-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $98,030 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2011 ADOPTED BUDGET BY APPROPRIATING $14,286 TO THE LOCAL LAW ENFORCEMENT BLOCK GRANT FUND (4/5THS VOTE REQUIRED) Councilmember Thompson seconded the motion, and it carried 4-0. 15. CONSIDERATION OF EXTENDING THE ESTABLISHMENT AND OPERATION DISPENSARIES AND COOPERATIVES MORATORIUM ON THE LEGAL OF MEDICAL MARIJUANA This urgency ordinance extcnds the interim urgency ordinance originally passed by the City Council on July 21, 2009, and extendcd on September 1, 2009, for 10 months and 15 days. This urgency ordinance is the tinal 12-month extension authorized by Government Code section 65858. This extension is necessary becausc California courts have not yet fully resolved issues involving local regulation of medical marijuana. In addition, the County and City of San Diego have yet to pass their ordinances regulating medical marijuana dispensaries and it will be important to consider their ordinances in determining what appropriate policy Chula Vista should pursue. (City Attorney) Page 8 - Council Minutes It!; -I' June 22, 2010 DRAFT PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. City Attorney Miesfeld provided an overview of the issue, noting that the California courts had not yet fully resolved the matters involving local regulation of medical marijuana. He suggested an extension of the existing Urgency Ordinance for 12 months in order to dctermine the appropriate policy for the City. . Mayor Cox opened the public hearing. The following members of the public spoke in opposition to an extension of the urgency ordinance: Thercsa Acerro, Chula Vista resident Guillermo Lopez, Chula Vista resident Ted Kennedy, Chula Vista resident Anakka Hartwell, Chula Vista resident Misty Tienken, Chula Vista resident, spoke in favor ofthe proposed moratorium. There bcing no further members ofthc public who wishcd to speak, Mayor Cox closed the public hearing. Councilmember Castaneda stated that he would support the extension of a moratorium with specific direction to have staff come back within 90-180 days with a proposed ordinance to limit marijuana dispensary facilities and regulate the operations of such facilities, and to implement safeguards for the public. Councilmember Bensoussan spoke in support of the proposed moratorium, and suggested the establishment of a task force to provide recommendations for an ordinance, and consideration that the task force members compriscd of one or two Planning Commission members, Safety Commission members, and Chula Vista Redevelopment Committee members. Councilmember Thompson stated that the proposed moratorium was appropriate, and hc suggested staff come back with a draft ordinance within 6 months for Council discussion. ACTION: Mayor Cox moved to adopt the following Urgency Ordinance No. 3134-C, heading read, text waived: URGENCY ORDINANCE NO. 3134-C, URGENCY ORDINANCE TO EXTEND AN INTERIM URGENCY ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING BY 12 MONTI-IS A MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND COOPERATIVES WITHIN THE CITY OF CHULA VISTA PURSUANT TO GOVERNMENT CODE SECTION 65858 (4/5THS VOTE REQUIRED) Councilmember Castaneda seconded the motion, and it carried 4-0. Page 9 - Council Minutes /~ .rCf June 22, 2010 DRAFT PUBLIC HEARINGS (Continued) Mayor Cox then asked the City Attorney staff about ideas on what direction to take on the additional suggestions that were offered by the Councilmembers on the matter. City Attorney Miesfeld responded that there was an existing group of staff representatives from the City Attorney's Oftlce, Planning and Development Department, and the Police Department, who had been meeting to analyze the matter and working on ways to provide rccommendations to the Council. To that end, he suggested that staff return to the Council with a status rcport in 90 days on whether or not additional information or input by members of community groups be compiled, and if so, to have staff return in 120 days from June 22, 2010 to implement the proposed legislation. Councilmember Bensoussan suggested including members of the public and commissioners with land use and safety expertise to be added to the task force. Mayor Cox suggested including a medical professional as part of the group. ACTION: Councilmember Castaneda moved to have the City Attorney retum to the Council with a status update in 120 days. Council member Bensoussan seconded the motion, and it carried 4-0. ACTION ITEMS 12. ORDINANCE OF THE CrTY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.52. THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE, IN ORDER TO TEMPORARILY SUSPEND THE APPLICATION OF SECTION 2.52.140 CONCERNING ENFORCEMENT OF THE ORDINANCE (FIRST READING) (AND/OR) RESOLUTION NO. 2010-109, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING THE CITY CLERK TO NOTIFY ANY ENFORCEMENT AUTHORITY ENGAGED UNDER THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE THAT THE ORDINANCE IS UNDER REVIEW AND THAT COUNCIL IS CONSIDERING AMENDING IT At the June 15.20]0 City Council meeting, the City Council directcd the City Attorney's 011ice to provide it with information regarding options that may be taken in order to effectively suspend the City's enforcement ofChula Vista Municipal Code Chapter 2.52. This Agenda Statement and its attachments are submitted in response to that request. (City Attomey) City Attomey Miesfeld introduced the item and explained the proposed options. Councilmember Bensoussan stated that she could support the proposed ordinance and resolution, with an amendment to the ordinance of a 180-day expiration date. Discussion ensued regarding enforcement authority. Page 10 - Council Minutes /~ -/~ June 22,2010 DRAFT ACTION ITEMS (Continued) ACTION: CounciImembcr Bensoussan moved to place the following ordinance on first reading, and to adopt the following Resolution No. 2010-169, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.52, TI-IE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE, IN ORDER TO TEMPORARILY SUSPEND THE APPLICATION OF SECTION 2.52.140 CONCERNING ENFORCEMENT OF THE ORDINANCE (FIRST READING) RESOLUTION NO_ 2010-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING TI-IE CITY CLERK TO NOTIFY ANY ENFORCEMENT AUTHORITY ENGAGED UNDER THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE THAT THE ORDINANCE IS UNDER REVIEW AND THAT COUNCIL IS CONSIDERING AMENDING IT Councilmcmbcr Castaneda seconded the motion. Further discussion ensued about the role of the Board of Ethics, with clarification by Deputy Attorney Silva that if someone complained that this campaign ordinance was violated and brought it to the Ethics Board, it would not be within the jurisdiction of the Board to consider. City Attorney Miesfeld requested clarification from the Council as to the earlier suggestion to change suspension 1rom 120 days to 180 days. Councilmember Bensoussan responded, with concurrence by Councilmember Castaneda, to include the 180 day suspension as part of the motion. The motion carried 3-1, with Mayor Cox opposed. 16. CONSIDERATION OF A CONTRACT WITH FIRE RECOVERY USA, LLC FOR COST RECOVERY SERVICES FOR EMERGENCY SERVICES, AND AMENDING CHAPTER XV OF THE CHULA VISTA MASTER FEE SCHEDULE The Fire Department desires to implement a new program to recover increased costs associated with responses (0 vehicle accidents where hazardous mitigation is required. Fire Recovery USA, LLC has been selected to provide billing and collection services for the City of Chula Vista. (Fire Chief) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH FIRE RECOVERY USA, LLC TO PROVIDE EMERGENCY SERVICES COST RECOVERY SERVICES Page 11 - Council Minutes /&-// June 22, 2010 DRAFT ACTION ITEMS (Continued) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XV FIRE DEPARTMENT FEES OF THE CITY OF CHULA VISTA MASTER FEE SCHEDULE This item was pulled from the agenda and was not discussed. OTHER BUSINESS 17. CITY MANAGER'S REPORTS City Manager Sandoval stated that staff was working on a study to look at the benefits of having a Membrane Bio-Reactor plant to deal with the City's sewage. To that end, he stated that a field trip was scheduled for July 1,2010, from 8:00 a.m. to 4:00 p.m. to look at a model plant in the City of Corona. He invited anyone interested in participating to contact the City Engineer's office. He stated that he would be working together with the Finance Director on challenges facing the City's budget. He announced the recent receipt by the City, of grant funding in the amount of$95,000 to be used to retain the City's hourly Latent Print Examiners. 18. MAYOR'S REPORTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE ROLE OF CHULA VISTA LAW ENFORCEMENT WITH RESPECT TO IMMIGRATION STATUS AND SUPPORTING NATIONAL COMPREHENSIVE IMMIGRATION REFORM (Legislative Subcommittee) Mayor Cox summarized the work of the Council Legislative Subcommittee on the matter and proposed resolution. Nadia Bermudes, Chula Vista resident, representing San Diego La Raza Lawyers Association, spoke in support of the proposed resolution, and suggested adoption of a resolution opposing Arizona Senate Bill 1070 (AZ SBI070). Dr. Richard Freeman, Chula Vista resident, representing Justice Overcoming Boundaries, suggested including opposition to AZ SBl070 in the proposed resolution. Antonio Pizano, Chula Vista resident, representing the MAAC Project, spoke in support of the proposed resolution. Father Patrick Thompson, Chula Vista resident. representing Justice Overcoming Boundaries, spoke in support ofthe proposed resolution. Karina Serrano, Chula Vista resident, spoke in support of the proposed resolution, and urged the Council to include language opposing AZ SBI070. Bertha Gutierrez, Chula Vista resident, spoke in opposition to AZ SB 1070. Page 12 - Council Minutes /~ -/.).....1 June 22, 20 I () DRAFT OTHER BUSINESS (Continued) Tomas Torres, Chula Vista resident, urged the Council to amend the proposed resolution to include opposition to AZ SB 1070. Jim Overton, Chula Vista resident, spoke in support of AZ SB 1070. Jose Preciado, Chula Vista resident, reprcsenting South Bay Forum, statcd that the proposed resolution did not speak to matters of concern to the residents, and he encouraged the Council to formally oppose AZ SB 1 070. Sylvia Baiz, Chula Vista resident, suggested that the Council include opposition to AZ SBI070 in the proposed resolution. Carolina Paniagua, Chula Vista resident, spoke in opposition to AZ SBI070. Theresa Acerro, Chula Vista resident, suggested including opposition to AZ SB I 070 III the proposed resolution. Barbara Bennett, Chula Vista resident, spoke in support of enforcement of the current laws as they exist. Norma Chavez Pcterson, Chula Vista resident, representing Justice Ovcrcoming Boundaries, spoke in support of the proposed resolution, with the inclusion of opposition to AZ SB I 070. Gerry Nance, Carlsbad resident, spoke in favor of AZ SB I 070. Francisca Galvan spoke in opposition to illegal immigration, and spoke about her experiences with illegal immigrants. Dan Rottenstreich, San Diego resident, reprcsenting Unite Here, spoke in support of the proposed resolution and urged the Council to include opposition to AZ SB1070. Aurora Cudal, Chula Vista resident, spoke in support of the proposed resolution, with the inclusion of opposition to AZ SB 1 070. Andrea Gaspar, Chula Vista resident, representing Justice Without Boundaries, spoke in support ofa stronger resolution that opposes AZ SB1070. Aurora Murillo-Clark, spoke in support of the proposed resolution, with amcndments to include opposition to AZ SB 1 070. Ana Baiz-Torres, Chula Vista resident, recommended an amendment to the resolution to take a stand on AZ SB1070. Page 13 - Council Minutes I/t. -/3 June 22, 2010 DRAFT OTHER BUSINESS (Continued) Police Chief Bejarano clarified the Police Department's procedures related to undocumented individuals. Mayor Cox stated that the Council Subcommittee considered reference to Arizona law, and decided that immigration was federal jurisdiction. and not that of the City CounciL City AUorney Miesfeld noted that the matter of AZ SB I 070 was not included in the proposed resolution, he stated that the issue of AZ SBI070 was within the general discussion. He suggested that the Council vote first on the resolution as drafted, and that a codicil to AZ SB I 070 be considered as a separate motion. ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-172, heading rcad, text waived: RESOLUTION NO. 2010-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE ROLE OF CHULA VISTA LAW ENFORCEMENT WITH RESPECT TO IMMIGRATION STATUS AND SUPPORTING NA nONAL COMPREHENSIVE IMMIGRA nON REFORM. Councilmember Bensoussan seconded the motion, and it carried 4-0. ACTION: Councilmember Bensoussan moved to adopt specific language in the proposcd resolution provided to the Council titled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING NATIONAL IMMIGRATION ISSUES, and to include only sections of the proposed resolution beginning, "WHEREAS, on April 23, 2010, the State of Arizona enacted Senate Bill 1070 (Support our Law Enforcement and Safe Neighborhoods Act, hereinaftcr called "AZ SB 1070, bringing discussion of the immigration issue to the forefront," and through point 3, "We rcaffiml our City policy regarding AduIl Undocumented Persons.. " The motion died for lack of a second. ACTION: Councilmember Thompson moved to adopt thc following proposed rcsolution: RESOLUTION NO. 2010-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING NATIONAL IMMIGRATION ISSUES Councilmember Bensoussan scconded the motion, and it carried 3-1, with Mayor Cox opposed. Mayor Cox announced a meeting recess at 8:30 pm. The meeting reconvened at 8:43 p.m., with all members present. Page 14 - Council Minutes //3 -/~ June 22, 2010 DRAFT 19. COUNCILMEMBERS' COMMENTS A. Councilmember Castaneda: Consideration of placing on the next City Council agenda a "Resolution of the City Council of the City of Chula Vista demanding that the President and U.S. Congress reform U.S. Immigration Policy" Item I9A was removed from the agenda, and the item was not discussed. Councilmcmber Bensoussan announced an invitation by the County of San Dicgo, Departmcnt of Parks and Recreation, to a public meeting regarding parks, to be held at Southwest High School on June 29. 2010 at 6:00 p.m. She recommended docketing on an upcoming Council Meeting agenda, discussion about the appointment proccss of Port Commissioner for thc current ternl that expires on January 2, 201 I. Mayor Cox suggested rather, with concurrence by Council member Bensoussan, to request the City Clerk to provide an updated memorandum to the Council on thc procedures to fill the upcoming Port Commissioner term expiration. B. Councilmcmber Thompson: Consideration of a refcrral to the City Attorney to draft a ballot measure for Council consideration to be presented to the voters at the November 2, 2010 election regarding restricting the number of ternlS to two life time terms for the Office of the City Council and the Office of Mayor. Councilmember Thompson introduced the item. The following members of the public spoke in support of the proposcd term limits: Theresa Acerro, Chula Vista resident Jose Prcciado, Chula Vista resident Mayor Cox stated that should the proposal be made as a referral by the Council, that thc rel'erral be directed to the Charter Review Commission. She questioned cost versus benefits of placing such a matter on the ballot. She further stated that she believcd that only one of the five current Councilmembers would be affected by the proposed term limits. ACTION: Councilmcmber Castaneda moved to support the recommendations by Councilmember Thompson, in his memorandum to the City Council dated June 17, 2010, titled "June 22, 2010 Referral - Term Limits in Chula Vista," and to include discussion and recommendation of gcographic distribution of City Council districting; term limits for the City Attorney; and refer the items to the Chartcr Review Commission for review and rcturn to the Council with any recommendations prior to the deadline for placing items on the November ballot. Councilmcmber Thompson seconded the motion. Page 15 - Council Minutes /6 --/5' June 22. 20 10 . DRAFT OTHER BUSINESS (Continued) Councilmember Bensoussan asked the maker of the motion to include consideration of onc election cycle instead of two, to conduct the City's general election in November. Councilmembers Castancda and Thompson accepted the amcndment Councilmember Bensoussan suggested bypassing the Charter Review Commission on the matter in order to specd up thc process. Mayor Cox responded that the Charter Review Commission is charged with addressing such matters, and bypassing the Commission may send the wrong message. Mayor Cox requested rcstatement of the motion by Councilmember Castaneda. ACTION: Councilmember Castaneda moved to refer to the Charter Review Commission, the question of term limits for City Council Members and the Mayor. as stated in the June 17,2010 memorandum titled, "June 22, 2010 Refcrral Term Limits in ChuIa Vista," from Councilmember Thompson; to include the question of term limits for the elected City Attorney; to discuss geographic districting and removing City elections from what is the Statewide primary for election of City Council Members, Mayor and City Attorney; and that the Charter Review Commission conclude its work by July 10, 2010. Councilmember Thompson seconded the motion, and it carried 3-1, with Mayor Cox opposed. ADJOURNMENT At 9:09 p.m., Mayor Cox adjourncd the mecting to the next Regular City Council Meeting on July 13,20 I 0, at 4:00 p.m., in the Council Chambers. ;J~ ffi~ Donna Norris, CMC, City Clerk Page 16 - Council Minutes /t3--i(p June 22, 2010