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HomeMy WebLinkAbout2011/01/11 Item 1DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 27, 2010 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, McCann (arrived at 3:05 p.m.), Ramirez (arrived at 3:05 p.m.) and Mayor Cox ABSENT: None PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CLOSED SESSION L CONFERENCE WITH LEGAL COUNSEL REGARDING EX]STING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Eric Harris et al. v. Citv of Chula Vista, et al, U.S. District Court, Case No. 09CV2239JAH(POR). This item was not discussed. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon, Bart Miesfeld, Simon Silva, Richard Kreider, Maria Kachadoorian Employee organizations: CVEA, Mid-Managers/Professionals, IAFF, CVPOA, WCE No reportable action was taken on this item. ADJOURNMENT At 3:50 p.m., Mayor Cox adjourned the meeting to the next regular City Council meeting of July 27, 2010, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 1 -Council Closed Session Minutes ~ p July 29, 2010 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 27, 2010 4:00 P.M. Immediately following the Regular City Council Meeting A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:30 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett ABSENT: None ACTION ITEM CONSIDERATION OF PROPOSED CHARTER AMENDMENTS FOR REVIEW, DISCUSSION, AND ACTION BY THE CITY COUNCIL At the Council Meeting of July l3, 2010, the Council requested that the City Attorney's Office draft proposed charter amendments that if approved, would: 1) limit the number of terms that an individual may serve as either a Councilmember or Mayor to two lifetime terms; 2) establish a two term maximum lifetime limit for individuals serving as the elected City Attomey; 3) provide the framework for and require the creation of Council Districts; and 4) eliminate primary elections and remove the requirement that an individual obtain a simple majority vote, thereby allowing the individual candidate receiving the highest number of votes cast be deemed elected. The Council additionally asked the City Clerk to prepare a rough estimate of costs associated with placing a measure on the November 2010 ballot. (City Attorney) Deputy City Attorney Miller provided information on the following proposed Charter Amendments: Creating atwo-term lifetime limit for Mayor and City Council • Creating atwo-term lifetime limit for the City Attorney • Creating Council districts • Eliminating Mid-Year Elections Kevin O'Neill, Chula Vista resident, spoke in opposition to placing these measures on the November 2010 ballot, stating that funding for an election should be identified and appropriated prior to placing issues on the ballot. He also encouraged public participation. John Moot, Chula Vista resident, spoke in opposition to placing the City Attorney term limit measure on the November 2010 ballot, stating that the Charter Review Commission had requested additional time to research the matter. He further stated that most cities with an elected City Attorney had local residency requirements, and suggested looking at that in the future. Page ] -Council Minutes httu://www.chulavistaca~ov July 27, 2010 \R-~ DRAFT ACTION ITEM (Continued) Discussion ensued among the Council about the potential financial impacts of placing the matter on the ballot. Deputy Mayor Ramirez suggested continuing the item to August 3, 2010, and asked the City Clerk to provide information on whether appropriation of funds would be necessary. MOTION: Deputy Mayor Ramirez moved to continue the item to the August 3, 2010. Councilmember Castaneda seconded the motion, and it carried 4-1 with Councilmember McCann opposed. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GNING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER SECTION 300(D) RELATING TO TERM LIMITS FOR THE MAYOR AND COUNCILMEMBERS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (4/STHS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER TO ADD SECTION 503(E) RELATING TO TERM LIMITS FOR THE CITY ATTORNEY; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (4/STHS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER ARTICLES III AND IX RELATING TO THE CREATION OF COUNCIL DISTRICTS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE Page 2 -Council Special Minutes ~ ~ ~ July 27, 2010 DRAFT ACTION ITEM (Continued) COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (4/STHS VOTE REQUIRED) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 2010, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE TO AMEND CITY CHARTER ARTICLES III AND IX RELATING TO THE ELIMINATION OF MID-YEAR ELECTIONS; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE (4/STHS VOTE REQUIRED) ADJOURNMENT At 5:24 p.m., Mayor Cox adjourned the meeting to the next regular City Council meeting of August 3, 2010 at 4:00 p.m. in the Council Chambers. v~Z~ _/ ~ine Bennett, CMC, Deputy City Clerk Page 3 -Council Special Minutes ~ ~ "' ~ July 27, 2010 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 27, 2010 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Police Chief Bejarano led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE CHIEF DAVID BEJARANO, IN RECOGNITION OF CHULA VISTA'S PARTICIPATION IN NATIONAL NIGHT OUT ON AUGUST 3, 2010 BEGINNING AT 4:00 P.M. Chief Bejarano invited the Council and community to attend the event. Mayor Cox read the proclamation and Councilmember McCann presented it to Chief Bejarano. CONSENT CALENDAR (Items 1-9) Items I, 3, 7-9 were removed from the Consent Calendar for separate consideration. Councilmember McCann stated that he would be abstaining from voting on Item 1, due to his absence from the meeting while on active military duty; that he would be registering a no vote on Item 3; and that he would be abstaining from voting on Items 8 and 9, due to a potential property-related conflict of interest. Deputy Mayor Ramirez stated he would be abstaining from voting on Items 7 and 9, due to a potential property-related conflict of interest. 1. This item was removed from the Consent Calendar. 2. WRITTEN COMMUNICATIONS Letters of resignation from Erica Fessia and Diannah Smith, Cultural Arts Commission. Staff recommendation: Council accept the resignations. Page 1 -Council Minutes ~ ~ _ ~ July 27, 2010 DRAFT CONSENT CALENDAR (Continued) 3. This item was removed from the Consent Calendar. 4. RESOLUTION NO. 2010-189, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS BY AND BETWEEN THE CITY OF CHULA VISTA AND ROSINA GENPAR, LLC FOR A RENTAL HOUSING DEVELOPMENT TO BE LOCATED ON NEIGHBORHOOD R- 30 IN OTAY RANCH VILLAGE 2 IN SATISFACTION OF THE CITY'S BALANCED COMMUNITIES POLICY Rosina Genpar, LLC proposes to develop a 278-unit housing project located on Neighborhood R-30 in Otay Ranch Village 2 in the City of Chula Vista, of which 28 units will be operated as affordable rental housing for low and moderate income households. The 28 affordable units are being provided consistent with the Affordable Housing Program of the Otay Ranch Village 2 Sectional Planning Area Plan and the City's Balanced Communities Policy. (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution 5. RESOLUTION NO. 2010-190, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $40,000 GRANT FROM THE COUNTY OF SAN DIEGO AND APPROPRIATING SAID FUNDS TO PURCHASE A POLLUTION LIMITED LIABILITY INSURANCE POLICY FOR AN 8.61 ACRE SITE, ASSESSOR PARCEL NUMBER 624-071-01 LOCATED IN THE OTAY RIVER VALLEY REGIONAL PARK (4/STNS VOTE REQUIRED) To help pay For a pollution limited liability insurance policy, the County has approved a grant request from the City to cover two thirds of the cost ($40,000) with the remaining balance from the Agency ($28,500). (Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution 6. RESOLUTION NO. 2010-191, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AND AWARDING A CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM (PROP 1B), PHASE I (STL357)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $1,387,350.20 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT On June 23, 2010, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program (Prop 1B), Phase I (STL357)" project. The project consists of the removal and replacement of failed asphalt concrete pavement (dig-outs), application of Rubberized Emulsion Aggregate Slurry seal coat, and Chip Seal with Modified Polymer Asphalt Surface Sealer for various streets in the City. Work on this project also includes replacement of traffic signal loop detectors, traffic control, striping and mazking, and other miscellaneous items of work necessary for the project. Adoption of the resolution awards a contract to Frank and Son Paving, Inc. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes ~ ~ _ ,~ July 27, 2010 DRAFT CONSENT CALENDAR (Continued) This item was removed from the Consent Calendar. 8. This item was removed from the Consent Calendar. 9. This item was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendar Items 2, 4, 5, and 6, headings read, texts waived. Councilmember Castaneda seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR Mayor Cox announced that the Council would take Items 1 and 8 in one motion. APPROVAL OF MINUTES of February 23 and March 2, 2010. Staff recommendation: Council approve the minutes. RESOLUTION NO. 2010-193, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF CITY OWNED LAND TO SAN D1EG0 GAS & ELECTRIC COMPANY FOR ELECTRIC FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY EASEMENT DEED The County of San Diego has designated three separate Underground Utility District Boundaries along Sweetwater Road, Phases 1, 2 and 3, using the 20A Rule. The easement SDG&E is pursuing from the City of Chula Vista is in relation to Phase 1. This boundary extends from Willow Street to Central Avenue. Normally these facilities are placed in the franchise area. However, the location of existing wet utilities require SDG&E to extend its equipment on to City of Chula Vista property. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent Calendar Item 1 and Resolution No. 2010-193, headings read, texts waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Councilmember McCann abstaining. ORDINANCE NO. 3161, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.55.100(A) OF THE CHULA VISTA MUNICIPAL CODE REMOVING THE REFERENCE TO A 6:00 P.M. START TIME FOR REGULAR MEETINGS (SECOND READING AND ADOPTION) On June 10, 2010, the Chula Vista Redevelopment Corporation (CVRC) adopted Resolution No. 2010-013, amending its Bylaws. When the item went to the City Council for ratification on June 15th, it was pulled to make several changes and corrections. Those changes and corrections were adopted by the CVRC on June 24, 2010. Also on June 10, 2010, the CVRC adopted a resolution to seta 4:00 p.m. start time for its regulaz meetings, pending Council amendment of the Chula Vista Municipal Code. This ordinance was introduced on July 13, 2010. (Assistant City Manger/Development Services Director) Staff recommendation: Council adopt the ordinance. Page 3 -Council Minutes ~ ~ ~ 3 July 27, 2010 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs recommendation and offered Ordinance No. 3161, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-1, with Councilmember McCann voting no. RESOLUTION NO. 2010-192, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH BUXCON SHEET METAL INC. FOR THE "RE-DESIGN AND RETROFIT OF THE SOUTH CHULA VISTA LIBRARY COPPER ROOF DRAINAGE SYSTEM IN THE CITY OF CHULA VISTA (CIP NO. LB144)" AND AUTHORIZING USE OF ALL AVAILABLE FUNDS The South Chula Vista Library Branch was opened in 1995 and designed by the world renowned Mexican architect Ricardo Legorreta. His concept was to evoke aspects of Mayan and Aztec heritage. Because of its many unusual architectural features, significant maintenance problems have occurred For many years, especially with its system of water features and with the copper roof. Adoption of the resolution approves a design build agreement with Buxcon Sheet Metal Inc. (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No. 2010-192, heading read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining. 8. This item was taken out of order and voted on jointly with Item 1. 9. RESOLUTION NO. 2010-194, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING SUBMITTAL OF A CLIMATE SHOWCASE COMMUNITIES GRANT APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR $496,900 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN AND MANAGE GRANT FUNDS The Environmental Protection Agency's Climate Protection Partnership Division is soliciting proposals for its Climate Showcase Communities grant program that was created to establish greenhouse gas emission reduction demonstration projects. In response, City staff has prepared a $496,900 proposal to make visible, targeted sustainable improvements m rts southwest Chula Vista redevelopment area The improvements include interior and exterior upgrades to residential and commercial properties that reduce energy and water consumption and related utility costs. These property improvements will be complemented by additional public infrastructure and service investments such as the development of more sustainable, affordable housing units, the installation of efficient street lighting technologies, expansion of bicycle infrastructure, and creation of a commercial food waste collection service. (Director of Conservation and Environmental Services, Director of Public Works, Assistant City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 4 -Council Minutes ~ C. - L}- July 27, 2010 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs recommendation and offered Resolution No. 2010-194, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-0-],with Deputy Mayor Ramirez abstaining. PUBLIC COMMENTS Daniel Green, Chula Vista resident, spoke in support of allowing medical mazijuana dispensazies in the City. Kevin O'Neill, Chula Vista resident, commented on a Municipal Services Quality and Accountability Initiative that he would be bringing before the Council at a future meeting. Paul Umbrell, Chula Vista resident, spoke in support of mobilehome rent control in the City. At 4:30 p.m., Mayor Cox recessed the meeting to call to order a Special Meeting. At 5:24 p.m., Mayor Cox reconvened the Regular Council Meeting, with all members present. OTHER BUSINESS 10. CITY MANAGER'S REPORTS City Manager Sandoval informed the Council that the arbor at Memorial Park was beyond repair, and was scheduled for removal. He commented on the Free Resource and Energy Business Evaluation Program that had resulted in significant energy savings for local businesses. He stated that the Cash for Appliance Program had provided approximately $20,000 in savings to residents. 11. MAYOR'S REPORTS Mayor Cox reported that Mr. Jim Avery, representing San Diego Gas & Electric, received a letter from the California Independent Service Operators with an update on the status of the Sunrise Powerlink project. 12. COUNCILMEMBERS' COMMENTS A. Councilmember Bensoussan: Ratification of appointment of Mitchell Thompson to the Mobilehome Rent Review Commission. ACTION: Councilmember Bensoussan moved to appoint Mitchell Thompson to the Mobilehome Rent Review Commission. Deputy Mayor Ramirez seconded the motion. Derrick Roach, Chula Vista resident, spoke in opposition to the proposed appointment of Mr. Thompson. The motion carried 4-1, with Councilmember McCann voting no. B. Councilmember Bensoussan: Consideration of adopting a resolution in opposition to Proposition 23: California Jobs Initiative Page 5 -Council Minutes 1 ~ - ra July 27, 2010 DRAFT COUNCIL COMMENTS (Continued) The following members of the public spoke in favor of Councilmember Bensoussan's proposal: David Steel, Encinitas resident, representing the Green Chamber of Commerce, San Diego Jose Medina, National City resident, Environmental Health Coalition Lane Sharman, Solana Beach resident Anne Tolch, La Mesa resident, representing Sustainability Alliance's American Lung Association Alexandra Hart, San Diego resident, representing IBEW 569 ACTION: Councilmember Bensoussan moved to adopt the proposed resolution, heading read, text waived. Councilmember Castaneda seconded the motion. City Attorney Miesfeld clarified that in accordance with the Brown Act and the City Municipal Code, a single Councilmember may not place a resolution on an agenda for adoption, and therefore the proposed resolution would need to be placed on the next Council agenda for formal adoption by the City Council. ACTION: Councilmember Bensoussan moved to amend the motion, to take a position in opposition to Proposition 23, and to place the proposed resolution on the next Council agenda. Councilmember Castaneda seconded the motion and it carried 5-0. Councilmember Bensoussan announced the upcoming Third Avenue Village Association's 2010 Lemon Festival on August 8, 2010. She also announced that a garage sale was scheduled on July 30k, and July 31, 2010 at 429 Second Avenue, as a fundraiser for Learning Tools for Global Schools. C. Councilmember Castaneda: Consideration of placing a resolution on the August 3, 2010 City Council agenda which supports AB1998 (Julia Brownley, Santa Monica, 41 Dtstrtct) prohibiting certain types of stores, as defined, from providing asingle-use carryout bag to a customer. Alicia Glassco, San Diego resident, representing San Diego Coastkeeper, spoke in support of AB 1998 and adoption of a resolution. Mayor Cox suggested outreach to the Chula Vista Chamber of Commerce for its support on the matter. ACTION: Councilmember Castaneda moved to take a position in support of AB 1998, and to place the resolution on the next Council agenda for formal adoption by the Council. Deputy Mayor Ramirez seconded the motion and it carried 5-0. Councilmember McCann reminded the public about the Christmas in October event. ADJOURNMENT At 6:17 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on August 3, 2010, at 4:00 p.m., m the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page 6 -Council Minutes ~~ ~ (y July 27, 2010