HomeMy WebLinkAboutcc min 2010/06/22MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
June 22, 2010
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula 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: Councilmembers Bensoussan, Castaneda, Thompson, and Mayor
Cox
ABSENT: Ramirez (excused)
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
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 explained that due to potential property-related conflicts of interest for
Councilmembers 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."
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 Office has received a citizen request to amend Chula Vista
Municipal Code Section 9.12.190, subsections (I) and (P), to increase the limit on bingo
gaming per 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 increase the bingo game limit is lawful and necessary to bring it into conformance with
state law. Because the 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)
Staff recommendation: Council adopt the ordinance.
Page 1 -Council Minutes June 22, 2010
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/STHS 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 Boazd of Trustees" aze no longer
valid or applicable, since management and operations of the Chula Vista Nature Center
aze 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 I5, 2010. (Director of Recreation and Nature Center)
Staff recommendation: Council adopt the ordinance.
3. This item was removed from the Consent Calendaz.
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 OTAY 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 site located in the Otay River Valley to the City of Chula Vista to be included within
the Otay Valley Regional Pazk. In exchange for the donation the Trust requests a General
Release of Liability from the City. (Deputy City Manager/Development Services
Director)
Staff recommendation: 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/STHS 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 tazget ABC licensees that continually violate ABC and City
regulations, particularly those that allow nazcotics activity on their premises. (Chief of
Police)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Minutes June 22, 2010
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 THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT FOR THE
"CITYWIDE STREET LIGHTING RETROFIT" PROJECT (GG214) TO SOUTHERN
CONTRACTING, INC. WHICH WILL BE FUNDED THROUGH FISCAL YEAR
2010/2011 CAPITAL IMPROVEMENT PROJECT GG214, REIMBURSED
THROUGH THE CALIFORNIA ENERGY COMMISSION LOAN PROGRAM. AND
AUTHORIZING USE OF ALL AVAILABLE CONTINGENCIES
The Public Works Department has been conducting an energy efficient streetlight
assessment project in hopes of saving energy, reducing the size of our carbon footprint,
and help contribute to a safe 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 1%-interest loan program and San
Diego Gas & Electric's energy efficiency rebates. (Director of Public Works and
Director of Conservation & Environmental Services)
Staff recommendation: 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 2010/2011 FOR OPEN SPACE DISTRICTS 1 THROUGH 8, 10, 11,
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. 2010-161, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2010/2011 FOR THE TOWN CENTRE MAINTENANCE DISTRICT
AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION
TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC
HEARING REGARDING THE ASSESSMENTS
C. RESOLUTION NO. 2010-162, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2010/2011 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 June 22, 2010
CONSENT CALENDAR (Continued)
The City administers and maintains 36 Open Space Districts and associated zones that
have been established over the last 30 yeazs. The Districts provide a financing
mechanism to maintain the public open space azeas associated with each particulaz
development. The City Council's approval of the levy is required 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 aze 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 STATE-LEGISLATED 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 aze 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 three projects
under Cycle 9 2010/2011 of the 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/STHS VOTE REQUIRED)
Annually, the City of Chula Vista budgets for treatment of wastewater by the City of San
Diego Wastewater Metropolitan District (Metro) based on the estimated wastewater
flows and strength. An appropriation of $360,000 is needed to address a shortfall in the
fiscal yeaz 2009-10 budget due to a change in the refund methodology by Metro. In prior
years, refunds by Metro were credited to the quarterly invoice for treatment services. As
a result, staff budgeted the projected expenditure minus anticipated credits. This yeaz, 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 June 22, 2010
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 AVAILABLE TRANSNET FUNDS TO
EXISTING PROJECT OP202 (4/STHS 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/STHS 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, staff
is recommending an appropriation of $52,743 in available TransNet funds to existing
project OP202 and $25,344 from the General Fund to close completed projects STM334,
ST922 and ST298. (Director of Public Works)
Staff recommendation: Council adopt the resolutions
11. 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 recycling incentive payment
system, streamlined the used oil grant program, required promotion of the production and
use of re-refined oil, changed the used oil certified collection center program, and made
various change to the 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)
Staff recommendation: Council adopt the resolutions.
Page 5 -Council Minutes June 22,2010
CONSENT CALENDAR (Continued)
12. This item was removed from the Consent Calendaz, and considered with Action Items.
13. This item was removed from the Consent Calendaz.
ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent
Calendaz Items 1-11, headings read, text waived. Councilmember Bensoussan
seconded the motion.
Councilmember Thompson requested to pull Item 3 from the Consent Calendaz for comment.
Mayor Cox, with concurrence from Councilmember Bensoussan, amended the motion as
follows:
ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent
Calendar Items 1-2 and 4-11, headings read, text waived. Councilmember
Bensoussan seconded the motion, and it carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
13. RESOLUTION NO. 2010-170, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE PEDESTRIAN MASTER PLAN
On July 22, 2008, City Council approved an agreement between 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 improvement 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.
The draft Final Report has been prepazed and presented to the Safety Commission for
comment. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
City Attorney Miesfeld stated that the first two Councilmember names drawn would participate,
and the third Councilmember would abstain from participation on the item. The first two names
were drawn by City Clerk Norris, who announced that Councilmembers Bensoussan and
Thompson would participate on the item, and that Councilmember Castaneda would abstain
from participation on the item.
Councilmember Castaneda left the dais at 4:19 p.m.
Principal Civil Engineer Rivera introduced Sam Corbett, Project Manager for the Pedestrian
Master Plan, representing Alta Planning + Design, who gave an overview of the Pedestrian
Master Plan.
Pazks Pemberton, Chula Vista resident, stated there were hazazds associated with pedestrians
crossing at the intersection of Otay Lakes Road and East H Street, and suggested that the
intersection be closed to pedestrian traffic.
Page 6 -Council Minutes June 22, 2010
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION: Councilmember Bensoussan moved to adopt Resolution No. 2010-170, heading
read, text waived. Councilmember 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.
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/STHS
VOTE REQUIRED)
The City Council preliminazily 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 l 194-1196 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 Mobilehome 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 June 22, 2010
PUBLIC COMMENTS (Continued)
Val Delgat, San Diego resident and local business owner, commented on fees chazged 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 Gazcia and City Manager
Sandoval.
Ed Herrera, Chula Vista resident, representing Chula Vista Civic Association, spoke in
opposition to fees associated with cost recovery services 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 Edwazd Byrne Memorial
Justice Assistance Grant awazd 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 1 violent crime statistics. (Chief of Police)
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.
Mayor Cox opened the public heazing. 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/STHS VOTE REQUIRED)
Councilmember Thompson seconded the motion, and it carried 4-0.
15. CONSIDERATION OF EXTENDING THE MORATORIUM ON THE LEGAL
ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA
DISPENSARIES AND COOPERATIVES
This urgency ordinance extends the interim urgency ordinance originally passed by the
City Council on July 21, 2009, and extended on September 1, 2009, for 10 months and 15
days. This urgency ordinance is the final 12-month extension authorized by Government
Code section 65858. This extension is necessary because 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 June 22, 2010
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 determine 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:
Theresa 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 of the proposed moratorium.
There being no further members of the public who wished 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 comprised 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 he
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 MONTHS 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/STHS VOTE
REQUIRED)
Councilmember Castaneda seconded the motion, and it carried 4-0.
Page 9 -Council Minutes June 22, 2010
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 Office, Planning and Development Department, and the Police Department, who had
been meeting to analyze the matter and working on ways to provide recommendations to the
Council. To that end, he suggested that staff return to the Council with a status report 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 return to the Council
with a status update in 120 days. Councilmember Bensoussan seconded the
motion, and it carved 4-0.
ACTION ITEMS
12. ORDINANCE OF THE CITY 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. 2010-169, 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, 2010 City Council meeting, the City Council directed the City Attorney's
Office to provide it with information regazding options that may be taken in order to
effectively suspend the City's enforcement of Chula Vista Municipal Code Chapter 2.52.
This Agenda Statement and its attachments are submitted in response to that request.
(City Attomey)
City Attorney 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 regazding enforcement authority.
Page 10 -Council Minutes June 22, 2010
ACTION ITEMS (Continued)
ACTION: Councilmember 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, 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)
RESOLUTION NO. 2010-169, 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
Councilmember 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 Boazd to consider.
City Attorney Miesfeld requested clarification from the Council as to the earlier suggestion to
change suspension from 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 to 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
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 SB1070).
Dr. Richazd Freeman, Chula Vista resident, representing Justice Overcoming Boundazies,
suggested including opposition to AZ SB1070 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 Boundazies,
spoke in support of the proposed resolution.
Kazina Serrano, Chula Vista resident, spoke in support of the proposed resolution, and urged the
Council to include language opposing AZ SB1070.
Bertha Gutien•ez, Chula Vista resident, spoke in opposition to AZ SB 1070.
Page 12 -Council Minutes June 22, 2010
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 SB1070.
Jose Preciado, Chula Vista resident, representing South Bay Forum, stated that the proposed
resolution did not speak to matters of concern to the residents, and he encouraged the Council to
formally oppose AZ SB 1070.
Sylvia Baiz, Chula Vista resident, suggested that the Council include opposition to AZ SB1070
in the proposed resolution.
Carolina Paniagua, Chula Vista resident, spoke in opposition to AZ SB1070.
Theresa Acerro, Chula Vista resident, suggested including opposition to AZ SB1070 in the
proposed resolution.
Barbara Bennett, Chula Vista resident, spoke in support of enforcement of the current laws as
they exist.
Norma Chavez Peterson, Chula Vista resident, representing Justice Overcoming Boundaries,
spoke in support of the proposed resolution, with the inclusion of opposition to AZ SB1070.
Gerry Nance, Carlsbad resident, spoke in favor of AZ SB1070.
Francisca Galvan spoke in opposition to illegal immigration, and spoke about her experiences
with illegal immigrants.
Dan Rottenstreich, San Diego resident, representing 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 1070.
Andrea Gaspar, Chula Vista resident, representing Justice Without Boundaries, spoke in support
of a stronger resolution that opposes AZ SB1070.
Aurora Murillo-Clark, spoke in support of the proposed resolution, with amendments to include
opposition to AZ SB1070.
Ana Baiz-Tones, Chula Vista resident, recommended an amendment to the resolution to take a
stand on AZ SB1070.
Page 13 -Council Minutes June 22, 2010
OTHER BUSINESS (Continued)
Police Chief Bejazano 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 Attorney Miesfeld noted that the matter of AZ SB1070 was not included in the proposed
resolution, he stated that the issue of AZ SB1070 was within the general discussion. He
suggested that the Council vote first on the resolution as drafted, and that a codicil to AZ SB 1070
be considered as a sepazate motion.
ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-172, heading read,
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 NATIONAL COMPREHENSIVE IMMIGRATION REFORM.
Councilmember Bensoussan seconded the motion, and it carried 4-0.
ACTION: Councilmember Bensoussan moved to adopt specific language in the proposed
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,
hereinafter called "AZ SB 1070, bringing discussion of the immigration issue to
the forefront," and through point 3, "We reaffirm our City policy regazding Adult
Undocumented Persons..."
The motion died for lack of a second.
ACTION: Councilmember Thompson moved to adopt the following proposed resolution:
RESOLUTION NO. 2010-173, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA REGARDING NATIONAL IMMIGRATION
ISSUES
Councilmember Bensoussan seconded 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 June 22, 2010
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 19A was removed from the agenda, and the item was not discussed.
Councilmember Bensoussan announced an invitation by the County of San Diego, Department
of Parks and Recreation, to a public meeting regazding 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 process of Port Commissioner for the current
term that expires on January 2, 2011. Mayor Cox suggested rather, with concurrence by
Councilmember Bensoussan, to request the City Clerk to provide an updated memorandum to the
Council on the procedures to fill the upcoming Port Commissioner term expiration.
B. Councilmember Thompson:
Consideration of a referral to the City Attorney to draft a ballot measure for
Council consideration to be presented to the voters at the November 2, 2010
election regazding restricting the number of terms 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 proposed term limits:
Theresa Acerro, Chula Vista resident
Jose Preciado, Chula Vista resident
Mayor Cox stated that should the proposal be made as a referral by the Council, that the referral
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 believed that only one of the five current
Councilmembers would be affected by the proposed term limits.
ACTION: Councilmember 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 geographic distribution of City Council
districting; term limits for the City Attomey; and refer the items to the Charter
Review Commission for review and return to the Council with any recommendations
prior to the deadline for placing items on the November ballot. Councilmember
Thompson seconded the motion.
Page 15 -Council Minutes June 22, 2010
OTHER BUSINESS (Continued)
Councilmember Bensoussan asked the maker of the motion to include consideration of one
election cycle instead of two, to conduct the City's general election in November.
Councilmembers Castaneda and Thompson accepted the amendment.
Councilmember Bensoussan suggested bypassing the Charter Review Commission on the matter
in order to speed up the 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 restatement 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 Referral -Term Limits in
Chula 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 adjourned the meeting to the next Regulaz City Council Meeting on
July 13, 2010, at 4:00 p.m., in the Council Chambers.
~~ ~~~~
Donna Norris, CMC, City Clerk
Page 16 -Council Minutes June 22, 2010