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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 Page 15 - Coanci] Minutes July 13, 2010 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