HomeMy WebLinkAboutcc min 2010/07/13MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 13, 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 (arrived at 4:08 p.m.),
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
Councilmember McCann led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
RESOLUTION NO. 2010-174, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA COMMENDING, THANKING AND ACKNOWLEDGING
COUNCILMEMBER JOHN MCCANN FOR HIS HONORABLE AND
MERITORIOUS MILITARY SERVICE IN IRAQ FOR OPERATION IRAQI
FREEDOM DURING THE GLOBAL WAR ON TERROR; WELCOMING
COUNCILMEMBER MCCANN BACK AND RATIFYING HIS REINSTATEMENT
TO CITY COUNCIL SEAT NO. 2; AND THANKING INTERIM COUNCILMEMBER
MITCHELL THOMPSON FOR SERVING ON THE COUNCIL DURING
COUNCILMEMBER MCCANN'S MILITARY LEAVE
ACTION: Mayor Cox moved to adopt Resolution No. 2010-174, heading read, text waived.
Councilmember Bensoussan seconded the motion and it carried 3-0-1, with
Councilmember McCann abstaining and Councilmember Castaneda absent.
Councilmember Thompson thanked the Council and citizens for the opportunity to serve as
Interim Councilmember. The Council thanked Mr. Thompson for his service as Interim
Councilmember. Mayor Cox then presented Mr. Thompson with a token of appreciation for his
service on behalf of the Council.
Mayor Cox then welcomed Councilmember McCann back from his active military service.
Councilmember McCann thanked staff for its support during his absence, and also thanked the
community for its support of his service and his family during his absence.
Page 1 -Council Minutes July 13, 2010
SPECIAL ORDERS OF THE DAY (Continued)
INTRODUCTION BY HERMON HOWELL, INFORMATION TECHNOLOGY
SUPPORT MANAGER, AND SCOTT BERNARD, OPERATIONS AND
TELECOMMUNICATIONS MANAGER, OF EMPLOYEES OF THE MONTH, JOHN
GERSTENBERG, SENIOR PROGRAMMER ANALYST, AND CONNIE
LAWTHERS, SENIOR INFORMATION TECHNOLOGY SPECIALIST
Employees of the month John Gerstenberg and Connie Lawthers were recognized by Information
Systems Director Vignapiano by way of a video. Operations and Telecommunications Manager
Bernard then introduced John Gerstenberg, and Information Technology Support Manager
Howell introduced Connie Lawthers. Mayor Cox then read the proclamation and Deputy Mayor
Ramirez and Councilmember Bensoussan presented John and Connie each with a proclamation.
PRESENTATION OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF
RECREATION, PROCLAIMING JULY 2010 AS RECREATION AND PARKS
MONTH IN THE CITY OF CHULA VISTA
Recreation Director Martin introduced Lisa Petty and Eddie Johnson who explained some of the
community recreation programs. Mayor Cox then read the proclamation and Councilmember
McCann presented it to Ms. Petty and Mr. Johnson.
PRESENTATION BY AUDREY M. DAVIS OF FREDERICKA MANOR, OF 19
HANDMADE BLANKETS TO FIRE CHIEF DAVID HANNEMAN, FOR
DISTRIBUTION TO FAMILIES IN NEED
Mayor Cox announced that this item would be postponed to a future meeting.
RECOGNITION BY ANGEL CHANCHEA, MUSCULAR DYSTROPHY
ASSOCIATION REPRESENTATIVE, TO FIRE CHIEF DAVID HANNEMAN AND
REPRESENTATIVES FROM CHULA VISTA LOCAL 2180, FOR RAISING
NEARLY $10,000 WITH THE "FILL THE BOOT" CAMPAIGN
Chief Hanneman introduced Union President, Mike Nash, and Muscular Dystrophy Association
representatives Angel Changchea and Jennifer, who talked about this year's "fill the boot"
campaign. Ms. Changchea then presented Chief Hanneman with a plaque in appreciation of the
Fire Department's fundraising efforts.
Mayor Cox announced that Item 16A would be taken out of order and addressed at this time.
16. A. Councilmember Castaneda:
Presentation of Certificates of Recognition of Hometown Heroes to Robert
Rimbault, Paulo Mendez and Abraham Leon.
Councilmember Castaneda recognized Hometown Heroes, Robert Rimbault, Paulo Mendez, and
Abraham Leon for their recent pursuit and apprehension on June 25th, of a male suspect purse-
snatcher. Councilmember Castaneda then presented Mr. Rimbault and Mr. Mendez with
certificates of recognition. Mr. Leon was not present at the meeting.
Page 2 -Council Minutes July 13, 2010
At 4:59 p.m., Mayor Cox announced a meeting recess and reception to recognize and thank
Interim Councilmember Thompson for his service and to welcome back Councilmember
McCann. The meeting reconvened at 5:25 p.m. with all members present.
CONSENT CALENDAR
(Items 1-8)
Items 1 B, 2-4, and 6B were removed from the Consent Calendaz for sepazate consideration. Item
5 was removed from the agenda and the item was not discussed. Deputy Mayor Ramirez and
Councilmember McCann stated that they would be abstaining from voting on Item I B, with
Councilmember McCann stating that he was on active military duty at that time; Mayor Cox
stated that she would be registering a no vote on Item 2; Councilmember Castaneda and Deputy
Mayor Ramirez stated that they would be abstaining from voting on Item 3 out of an abundance
of caution, due to potential property-related conflicts of interest; Councilmember McCann stated
that he would be registering a no vote on Item 4; Mayor Cox announced that Item 5 would not be
heard; and Councilmember McCann stated he would be abstaining from voting on Item 6B, out
of an abundance of caution, due to a potential property-related conflict of interest.
WRITTEN COMMUNICATIONS
A. Letter of resignation from Juan Ulloa, Resource Conservation Commission.
Staff recommendation: Council accept the resignation.
B. This item was removed from the Consent Calendar.
This item was removed from the Consent Calendar.
This item was removed from the Consent Calendar.
4. This item was removed from the Consent Calendar.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING AN EASEMENT OVER A PORTION OF CITY OWNED LAND TO SAN
DIEGO 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
their equipment on to the City of Chula Vista's property. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Item 5 was removed from the agenda and was not heard.
Page 3 -Council Minutes July 13, 2010
CONSENT CALENDAR (Continued)
6. A. RESOLUTION NO. 2010-177, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2010/2011 WITHIN COMMUNITY FACILITIES
DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I,
08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, AND 13-M AND DELEGATING TO THE
CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE
SPECIAL TAX FOR EACH DISTRICT
B. This item was removed from the Consent Calendar.
Staff recommendation: Council adopt the resolutions.
7. RESOLUTION NO. 2010-179, RESOLUTON OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TOTALING
$118,861 FOR THE PURCHASE OF ONE (1) SEWER RODDING TRUCK TO
PLUMBER'S DEPOT INC., IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF CITY OF BEVERLY HILLS BID NUMBER 10-36 AND
PURCHASE ORDER NUMBER 10201713
The Fiscal Year 2010/2011 Sewer Fund budget provides for the replacement of one 2001
Ford Sreco sewer rodding truck. The City of Chula Vista Municipal Code Section
2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate
in cooperative bids with other government agencies for the purchase of materials of
common usage. The City has an opportunity to participate in a current City of Beverly
Hills bid for favorable terms and pricing. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
8. A. RESOLUTION NO. 2010-180, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD IN THIS CITY ON JUNE 8, 2010, DECLARING THE RESULTS
THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
B. RESOLUTION NO. 2010-181, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD NOVEMBER 2, 2010, TO INCLUDE A
SPECIAL RUNOFF ELECTION TO ELECT ONE MEMBER OF THE CITY
COUNCIL, PURSUANT TO CHULA VISTA CHARTER SECTION 300(G);
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; AND
AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO
CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION
Page 4 -Council Minutes July 13, 2010
CONSENT CALENDAR (Continued)
C. RESOLUTION NO. 2010-182, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE
ELECTORATE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY,
NOVEMBER 2, 2010
The Registrar of Voters has transmitted the certified results of the General Municipal
Election held on June 8, 2010. Elections Code Section 10262(b) requires the City Clerk,
as the City elections official, to certify the results of the election to the City Council,
which shall adopt a resolution reciting the fact of the election. Adoption of the
resolutions declares the results of the General Municipal Election, provides for a special
runoff election to elect a Member of the City Council, and adopts regulations pertaining
to materials prepared by candidates and the associated costs. (City Clerk)
Staff recommendation: Council adopt the resolutions.
ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Items
1 A, 6A, 7, and 8 A, B, C. Deputy Mayor Ramirez seconded the motion and it
carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1 B. Memorandum from Deputy Mayor Ramirez requesting an excused absence from the
June 22, 2010 Council meeting.
Recommendation: Council excuse the absence.
ACTION: Mayor Cox moved to approve staffs recommendations and offered Item 1B,
heading read, text waived. Councilmember Bensoussan seconded the motion and
it carried 3-0-2, with Deputy Mayor Ramirez and Councilmember McCann
abstaining.
2. ORDINANCE NO. 3159, 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 (SECOND READING AND ADOPTION)
At the June 15, 2010 City Council meeting, the City Council directed the City Attorney's
Office to provide it with information regarding options that may be taken in order to
effectively suspend the City's enforcement of Chula Vista Municipal Code Chapter 2.52.
This ordinance was introduced on June 22, 2010. (City Attorney)
Staff recommendation: Council adopt the ordinance.
ACTION: Deputy Mayor Ramirez moved to approve staff's recommendations and offered
Ordinance No. 3159, heading read, text waived. Councilmember Bensoussan
seconded the motion and it carved 3-2, with Mayor Cox and Councilmember
McCann voting no.
Page 5 -Council Minutes July 13, 2010
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
3. RESOLUTION NO. 2010-175, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TO 1) SEEK FINAL DESIGNATION OF THE SAN DIEGO
REGIONAL ENTERPRISE ZONE; 2) MODIFY AND EXPAND THE BOUNDARY
OF THE SAN DIEGO REGIONAL ENTERPRISE ZONE; AND 3) AUTHORIZE THE
CITY MANAGER TO SIGN AND SUBMIT ALL REQUIRED DOCUMENTS TO THE
STATE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
On November 3, 2006 Chula Vista and its partner cities, San Diego and National City,
received "Conditional Approval" from the State of California Housing and Community
Development Department (HCD) for a new San Diego Regional Enterprise Zone
designation. The cities have now completed all the necessary steps to seek final approval
designation from HCD. In addition, the cities also seek to expand the Enterprise Zone
Boundary by up to 15%, and to modify the boundary to include azeas that were omitted
prior to the conditional designation. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staffs recommendations and offered Resolution
No. 2010-175, heading read, text waived. Councilmember McCann seconded the
motion and it carried 3-0-2, with Deputy Mayor Ramirez and Councilmember
Castaneda abstaining.
4. A. RESOLUTION NO. 2010-176, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING THE AMENDED CHULA VISTA
REDEVELOPMENT CORPORATION BYLAWS
B. 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 (FIRST READING)
On June 10, 2010, the Chula Vista Redevelopment Corporation 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 10th, the CVRC
adopted a resolution to seta 4 P.M. start time for its regular meetings, pending Council
amendment of the Chula Vista Municipal Code. (Deputy City Manager/Development
Services Director)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
ACTION: Mayor Cox moved to approve staffls recommendations and adopt Resolution No.
2010-176, and place the Ordinance on first reading. Councilmember Bensoussan
seconded the motion and it carried 4-1, with Councilmember McCann voting no.
Page 6 -Council Minutes July 13, 2010
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
6. B. RESOLUTION NO. 2010-178, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2010/2011 WITHIN COMMUNITY FACILITIES
DISTRICTS 06-I AND 07-M AND DELEGATING TO THE CITY MANAGER, OR
DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH
DISTRICT
Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Yeazs
1998-2006. Each year, a special tax must be levied in each of the districts to pay for the
maintenance of open space preserve areas and maintenance of other public facilities, or to
repay bondholders. Adoption of the resolutions authorizes the levy of maximum special
taxes for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2,
06-I, 07-I, 07-M, 08-M, 08-I, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staff's recommendations and offered Resolution
No. 2010-178, heading read, text waived. Deputy Mayor Ramirez seconded the
motion and it carried 4-0-1, with Councilmember McCann abstaining.
PUBLIC COMMENTS
Alicia McGuiness, Chula Vista resident, welcomed back and thanked Councilmember McCann
for his service.
Charlotte Lloyd, Chula Vista resident, representing GenerateHope presented a video about the
global and local issues of human trafficking.
Russ Kapusinski, Chula Vista resident, and Pastor at Harbor Presbyterian Church, invited the
community to a "Tacos for Freedom" event on Saturday, July 24th from 11:00 a.m. to 2:00 p.m.,
at the Otay Ranch Town Center, to raise awazeness in the community about human trafficking,
with all proceeds to the "GenerateHope" organization.
Daniel Green, Chula Vista resident, spoke about the moratorium on medical cannabis
dispensazies, and asked about the status of the outcome of the Anaheim case regarding cannabis
cooperatives. He also asked about any progress by staff of a draft ordinance and formation of a
task force on the issue. Mayor Cox referred the matter to the City Attorney's Office.
Norma Cazazes, Chula Vista resident, thanked Councilmembers Bensoussan, Castaneda and
former Interim Councilmember Thompson for taking a stand in opposition to the Arizona SB
1070 immigration law.
Isabelle Espino, Chula Vista resident, representing Chula Vista Civic Association, welcomed
Councilmember McCann home from his military service in Iraq.
Page 7 -Council Minutes July 13, 2010
PUBLIC COMMENTS (Continued)
Kevin O'Neill, Chula Vista resident, commented on the City's financial condition and costs
associated with labor services. He suggested that the City solicit anActuary/Auditor to advise
on the sustainability of labor contracts, and provide a report to the Growth Management
Oversight Commission.
Martin Simon asked to make an appointment with the Mayor
Penny Vaughn, Chula Vista resident, welcomed Councilmember McCann back from his active
military duty. She then spoke about permit issues and associated costs related to a remodel on
her property. Mayor Cox referred the matter to Planning and Building staff.
PUBLIC HEARINGS
Mayor Cox announced that Item 1 I would be taken out of order and addressed prior to Items 9
and 10.
1 L CONSIDERATION OF FORMATION OF ASSESSMENT DISTRICT 2009-02
(SECOND AVENUE)
On May 25, 2010 the City Council adopted Resolution No. 2010-123 approving the
Engineer's Report for the proposed Assessment District AD 2009-02 along Second
Avenue. Council also set the time and place for this public hearing and ordered the
initiation of assessment balloting proceedings. (Director of Public Works)
Notice of the hearing was given in accordance with legal requirements, and the heazing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public heazing. Mayor Cox requested that the City Clerk open and
tabulate the ballots received. There being no members of the public who wished to speak, Mayor
Cox closed the public hearing.
City Clerk Noms reported that 22 ballots were cast, with 18 in favor and 4 opposed, resulting in
the passage of the assessment district measure and certification of the election.
ACTION: Councilmember McCann moved to adopt the following Resolution No. 2010-185,
heading read, text waived:
RESOLUTION NO. 2010-185, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE
PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION
FOR PROPOSED ASSESSMENT DISTRICT NO. 2009-02 (SECOND
AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF
SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES
THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED
THERETO
Councilmember Castaneda seconded the motion and it carved 5-0.
Page 8 -Council Minutes Jury 13, 2010
PUBLIC HEARINGS (Continued)
CONSIDERING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE
OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected owner occupied properties and
ultimately placed on the property tax bills for collection. (Director of Finance)
Notice of the heazing was given in accordance with legal requirements, and the heazing was held
on the date and at the time specified in the notice.
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 McCann moved to adopt the following Resolution No. 2010-183,
heading read, text waived:
RESOLUTION NO. 2010-183, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
Mayor Cox seconded the motion and it carried 5-0.
10. CONSIDERING THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
The Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. (Director of Finance)
Notice of the heazing 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 McCann moved to adopt the following Resolution No. 2010-184,
heading read, text waived:
RESOLUTION NO. 2010-184, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
Page 9 -Council Minutes July 13, 2010
PUBLIC HEARINGS (Continued)
WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
Councilmember Castaneda seconded the motion and it carried 5-0.
11. This item was taken out of order and addressed prior to Item 9.
12. CONSIDERATION OF TESTIMONY FOR THE FISCAL YEAR 2010/2011 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICTS
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 resolutions allows for the assessment of currently approved levy amounts in order
to ensure that the County Tax Assessor deadlines aze met for all 36 of the City's Open
Space Districts. (Director of Public Works)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public heazing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-186, heading read,
text waived:
A. RESOLUTION NO. 2010-186, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11, 14,
15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE
DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT
Deputy Mayor Ramirez seconded the motion and it carried 5-0.
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2010-
187, heading read, text waived:
B. RESOLUTION NO. 2010-187, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1
Mayor Cox seconded the motion and it carried 4-0-1, with Councilmember
McCann abstaining.
Page ]0 -Council Minutes July 13, 2010
PUBLIC HEARINGS (Continued)
ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-188,
heading read, text waived:
C. RESOLUTION NO. 2010-188, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRICT
Mayor Cox seconded the motion and it carried 4-0-1, with Councilmember
Castaneda abstaining.
ACTION ITEMS
13. REPORT RELATED TO THE CHARTER REVIEW COMMISSION'S DISCUSSION
OF PROPOSED BALLOT MEASURES TO IMPOSE TERM LIMITS FOR CITY
COUNCIL, MAYOR, AND CITY ATTORNEY; ESTABLISH DISTRICTS FOR
DISTRICT ELECTIONS; AND ELIMINATE PRIMARY ELECTIONS
At the June 22, 2010 City Council meeting, the Council referred several items to the
City's Charter Review Commission for discussion. The report provides an overview of
the actions taken by the Commission. (City Attorney)
City Attorney Miesfeld introduced the item. Deputy City Attorney Miller then presented a report
on actions taken by the Charter Review Commission at its July 1, 2010 meeting regarding the
following items:
Term Limits for City Council and Mayor. (Limit Council Member and Mayor
terms to a total of two terms - 8 years).
2. Term limits for City Attorney.
(Each of the motions made by the Charter Review Commission on Items 1 and 2
failed).
3. Creating Districts (re-districting) for Councilmembers.
(Resulted in understanding by the Charter Review Commission that process was
long term that involved several laws, which would require additional time to
pursue, afrer all laws were complied with).
4. Eliminating Primary Elections.
(Consensus by Charter Review Commission not to move forward at this time -
needed additional data as to what other cities were doing and results thereof).
Bryan Felber, Chula Vista resident, spoke in opposition to lifetime term limits and geographical
districting, and also stated his concern about eliminating primary elections.
Page ] I -Council Minutes July 13, 2010
ACTIONS ITEMS (Continued)
Kevin O'Neill, Chula Vista resident, stated that he was opposed to lifetime term limits for
Council and the City Attorney, Council districting, and eliminating primary elections.
At this time, Mayor Cox announced that Item 13 would be tabled, and a report of results of the
ballot count for Item 11 was announced by the City Clerk.
Discussion then resumed for item 13, with dialogue between the Councilmembers about the
report by Deputy City Attomey Miller.
At 7:15 p.m., Mayor Cox announced a meeting recess. The meeting reconvened at 7:37 p.m.
with all members present.
ACTION: Deputy Mayor Ramirez moved to have staff return to Council on July 27. 2010,
with a report on all four items presented by Deputy Attorney Miller, including all
necessary documentation, staff analysis, and legal analysis for Council
consideration. Councilmember Castaneda seconded the motion and it carried 3-2
with Mayor Cox and Councilmember McCann voting no.
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
City Manager Sandoval announced that the Council Meeting of July 20, 2010 would be
cancelled. The next meeting was scheduled for July 27, 2010. He reminded the Council of the
opportunity to participate in a field trip to the City of Corona to look at its Membrane Bio
Reactor (MBR) Plant. He informed the Council that the California Emergency Management
Agency would be conducting future media training for public officials in the event of a major
disaster. He stated that the Police Department was recently recognized as the best department in
the State for traffic safety issues based on education and prevention.
15. MAYOR'S REPORTS
A. Update from Port Commissioner Stephen Padilla.
Mayor Cox announced that this item would not be heard, and would be re-scheduled for the
August 3, 2010 Council Meeting.
B. Consideration of appointment of a voting delegate and alternate for the 2010
Annual League of California Cities Conference, to be held September 15-17 in
San Diego, California.
ACTION: Councilmember Castaneda moved to appoint Mayor Cox as voting delegate, and
Councilmember Bensoussan as alternate for the 2010 Annual League of
California Cities Conference. Deputy Mayor Ramirez seconded the motion and it
carried 5-0.
Page 12 -Council Minutes July 13, 2010
MAYOR'S REPORTS (Continued)
C. Consideration of ratification of reappointments to the following boazds and
commissions:
FIRST TERM RE-APPOINTMENTS:
Board of Appeals & Advisors London Meservy
Cultural Arts Commission Cynthia Bemdt
Cultural Arts Commission Allen Gore
Growth Management Oversight Commission Armida Torres
Growth Management Oversight Commission Carl Harry
Housing Advisory Commission Michael Lengyel
International Friendship Commission Misty Tienken
Mobilehome Rent Review Commission Rudy Gonzales
Resource Conservation Commission Robert Coleman
SECOND TERM RE-APPOINTMENTS
Commission on Aging Carol Nottley
Board of Ethics Norma Toothman
Board of Ethics Michael German
Boazd of Librazy Trustees Daniel Linder
Charter Review Commission Pedro De Lara
Cultural Arts Commission Neisha Glenn (Hernandez)
Cultural Arts Commission Sara Deavenport
Housing Advisory Commission Mark Minas
International Friendship Commission James Clark
Pazks & Recreation Commission Elizabeth Scott
Planning Commission Lisa Moctezuma
Planning Commission Scott Vinson
Resource Conservation Commission Lynda Gilgun
Page 13 -Council Minutes Judy ~3, 2o~0
MAYOR'S REPORTS (Continued)
Safety Commission
Safety Commission
Safety Commission
Veterans Advisory Commission
Veterans Advisory Commission
Douglas Cochrane
Patricia Moriarty
John Liken
John Acosta
Stephen Sprenkle
Deputy Mayor Ramirez commented on the upcoming term expiration for Chula Vista Port
Commissioner representative, Stephen Padilla, and requested Council consideration of a letter to
the Board of Port Commissioners indicating the City's support of the work performed to-date by
Commissioner Padilla as the City's representative on the Port Commission. Mayor Cox
responded that the matter would be placed on a future agenda for Council discussion.
ACTION: Mayor Cox moved for the reappointment of the abovementioned boazd and
commission members. Councilmember McCann seconded the motion and it
carried 5-0.
Councilmember Bensoussan commented on the recent streamlining of the City's boazds and
commissions, in particulaz, shifting the California Environmental Quality Act (CEQA) review
process from the Resource Conservation Commission to the purview of the Planning
Commission. She requested Council consideration of a Council Policy requiring expertise and
knowledge by commissioners, of the CEQA. She also recommended full Council interviews for
re-appointments of Planning Commissioners. She further recommended that the City Manager
schedule a future CEQA educational session for Planning Commissioners and the City Council.
Mayor Cox responded that the matter would be placed on a future agenda for discussion by the
Council.
Mayor Cox noted that the United States Forest Service issued notice that it had received a
direction notice that the Sunrise Powerlink has their permission to cross 19 miles of the
Cleveland National Forest. She stated that the City was in receipt of a $25,000 grant for its
Animal Care Facility from the PETCO Foundation, which would help pay for plans to re-build a
cat and kitten annex next to the Chula Vista Animal Caze facility. She stated that the City was
awarded two, $100,000 per yeaz grants for a Chief Service Officer position in the Office of the
Mayor.
16. COUNCILMEMBERS' COMMENTS
A. Councilmember Castaneda:
Presentation of Certificates of Recognition of Hometown Heroes to Robert
Rimbault, Paulo Mendez and Abraham Leon.
This item was addressed under the "Special Orders of the Day" segment of the agenda.
Page 14 - Counci] Minutes July 13, 2010
COUNCILMEMERS' COMMENTS (Continued)
B. Deputy Mayor Ramirez:
Council consideration of the repeal of Chapter 2.52, Section 2.52.140,
titled "Enforcement" of the campaign contribution provision of the City
Code.
Deputy Mayor Ramirez requested Council consideration to place on the July 27, 2010 Council
agenda, discussion specific to replacement language for the enforcement section of the campaign
contribution provision of the City Municipal Code.
Discussion ensued among the Council and City Attorney on the matter
ACTION: Deputy Mayor Ramirez moved to have staff come back in September 2010, with a
legal review of what the Fair Political Practices Commission (FPPC) under the
Political Reform Act governs, and how the City's local ordinance differs, in order
for the Council to ascertain what may have jurisdiction enforcement by the FPPC.
Councilmember Castaneda seconded the motion and it carried 4-1, with
Councilmember McCann voting no.
Councilmember Bensoussan announced the upcoming grand opening of the Teriyaki Grill on
August 16, 2010, located at 380 Third Avenue. Christmas in October applications are due by
September 3, 2010. The Public Library re-run of its speed-dating event was scheduled for July
16th; and the Lemon Festival was scheduled for August 8th.
Councilmember McCann thanked the community and staff for his homecoming from active
military duty, stating that he looked forward to serving as Councilmember, with focus on
attracting jobs in the City, new revenues, and addressing Veterans issues. He commented on his
fortunate opportunity to work with fellow soldiers in Iraq. He reminded the community about
the City's Christmas in October event, and anyone interested may contact his office or Stephanie
Kingston in the City Manager's Office.
Mayor Cox recessed the meeting to convene in Closed Session at 8:38 p.m.
CLOSED SESSION
17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
A. Agency designated representatives: Jim Sandoval, Scott Tulloch, Kelley Bacon,
Bart Miesfeld, Simon Silva and Maria Kachadoorian
Employee organization: Mid-Managers/Professionals
No reportable action was taken on this item.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
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CLOSED SESSION (Continued)
Property: 260-270 Broadway, Chula Vista, CA; APN: 567-032-18; 567-032-19
and 567-032-20.
Agency negotiator: Eric Crockett, Rick Ryals and Mandy Mills
Negotiating Parties: City of Chula Vista and London Group
Under Negotiation: Property Purchase Negotiations
No reportable action was taken on this item.
ADJOURNMENT
At 9:17 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on
July 20, 2010, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
Page 16 -Council Minutes July 13, 2010