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HomeMy WebLinkAbout2011/01/18 Item 1DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 3, 2010 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda (arrived at 3:19 p.m.), Ramirez (arrived at 3:02 p.m.), McCann, and Mayor Cox ABSENT: None CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Eric Harris, et al. v. City of Chula Vista, et al, U.S. District Court, Case No. 09CV2239JAH(POR) B. Robert Davis v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2009-00101227-CU-PO-CTL No reportable action was taken on this item. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: APN:544-090-04-00 City Negotiators: Bart Miesfeld, Michael Shirey, Jim Sandoval, Scott Tulloch, Michael Meacham and Denny Stone Negotiating Parties: City of Chula Vista and Pio Pico Energy Center, LLC Under Negotiation: Price and terms of payment No reportable action was taken on this item. ADJOURNMENT At 3:45 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. Lorraine Bennett, CMC, Deputy City Clerk Page 1 -Council Special Minutes August 3, 2010 ~-A DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 3, 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, Ramirez, McCann, 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 Employee of the Month, Tem Zeleniak, led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY OATH OF OFFICE: MITCHELL THOMPSON, MOB[LEHOME RENT REVIEW COMMISSION City Clerk Noms administered the oath of office to Mitchell Thompson, and Councilmember Bensoussan presented him with a certificate of appointment. INTRODUCTION BY BART MIESFELD, CITY ATTORNEY, OF EMPLOYEE OF THE MONTH, TERRI ZELENIAK, LEGAL ASSISTANT City Attorney Miesfeld introduced employee of the month Terri Zeleniak. Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Ms. Zeleniak. PRESENTATION BY JACK TURNER, JUNIOR PAST STATE COMMANDER OF THE VETERANS OF FOREIGN WARS AWARD TO FIRE CAPTAIN ANGELO CAPPOS FOR HIS SERVICE TO THE CITY AS THE FIRE DEPARTMENT'S HISTORIAN, AND FOR HIS SERVICE TO THE BURN INSTITUTE OF SAN DIEGO AND IMPERIAL COUNTIES Chief Hanneman recognized Captain Cappos and introduced Commander Turner, who presented the award and a check in the amount of $500 to Captain Cappos. Captain Cappos thanked the VFW Post and Fire Department colleagues for the recognition, and stated that he would be donating the check to the San Diego Bum Institute. Page 1 -Council Minutes ~ "'~ ~, August 3, 2010 DRAFT SPECIAL ORDERS (Continued) RECOGNITION BY RICHARD HOPKINS, DIl2ECTOR OF PUBLIC WORKS DEPARTMENT ON WINNING THE OVERALL COMPETITION AT THE 2010 SAN DIEGO MAINTENANCE SUPERINTENDENTS ASSOCIATION'S ANNUAL EQUIPMENT RODEO ON JUNE 21, 2010 Public Works Director Hopkins presented the Department's winning trophy, and recognized City staff members who competed in the events. CONSENT CALENDAR (Items 1-9) Items 1, 2, and 4B were removed from the Consent Calendar for separate consideration. Councilmember McCann stated he would be abstaining from voting on Item 1; Item 2 was removed at the request of the public; and Councilmember Castaneda and Deputy Mayor Ramirez stated that they would be abstaining from voting on Item 4B. This item was removed from the Consent Calendar. 2. This item was removed from the Consent Calendar. 3. RESOLUTION NO. 2010-106, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN OPPOSITION TO PROPOSITION 23 - THE CALIFORNIA JOBS INITIATIVE Proposition 23, The California Jobs Initiative, was placed on November's ballot by opponents of AB 32. The proposition would suspend enforcement of AB 32 regulations requiring reduced greenhouse gas emissions that cause global warming, until California unemployment falls below 5.5 percent or less for four consecutive quarters. Unemployment stands at 12.4 percent as of May. Passage of Proposition 23 would require the State to abandon implementation of comprehensive greenhouse-gas reduction programs that include increased renewable energy and cleaner fuel requirements, and mandatory emission reporting and fee requirements for major polluters such as power plants and oil refineries, until suspension is lifted. Adoption of the resolution authorizes the listing of the City of Chula Vista in opposition to Proposition 23. (City Council) Council recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2010-197, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF QUALIFIED ENERGY CONSERVATION BONDS B. This item was removed from the Consent Calendar. C. RESOLUTION NO. 2010-199, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC TO PROVIDE FINANCIAL ADVISORY SERVICES Page 2 -Council Minutes ~ ~ $ ~ August 3, 2010 DRAFT CONSENT CALENDAR (Continued) As part of the American Recovery and Reinvestment Act, the Internal Revenue Service has created innovative financing mechanisms to help local governments reduce energy use. As a result, the IRS approved an allocation of Clean Renewable Energy Bonds (CREBs) under Section 54C of the Internal Revenue Code in October 2009. This allocation enables the City to issue up to $29.6 million in CREBs by October 2012 to finance solar photovoltaic installations at 18 City facilities. In addition, the City received an allocation of Qualified Energy Conservation Bonds (QECB) under Section 54D of the Internal Revenue Code in the amount of $2.2 million to finance community energy efficiency retrofits. The approval of the reimbursement resolutions for the two bond types are the next step in preparing to issue bonds using the CREB/QECB allocations. In order to determine the most economically feasible plan to finance the energy retrofits the Finance and Conservation & Environmental Services Departments have submitted a Request for Proposal to engage a financial advisor to assist in determining the financing structure that will benefit the City most. The selection committee is recommending Public Financial Management, Inc. as the City's financial advisors for the CREB/QECB allocation. (Director of Finance and Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolutions 5. RESOLUTION NO. 2010-200, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $95,000 FROM THE COUNTY OF SAN DIEGO CALIFORNIA IDENTIFICATION PROGRAM AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2010/2011 POLICE BUDGET FOR HOURLY LATENT PRINT EXAMINER AND POLICE SERVICES TECHNICIAN PERSONNEL (4/STHS VOTE REQUIRED) On June 21, 2010, the San Diego County Cal-ID Remote Access Network (RAN) Board approved a request from the Chula Vista Police Department to fund two part-time Latent Printer Examiners and one Cal-ID Services Technician. The San Diego County Cal-ID RAN Board is the local RAN board prescribed by law in California Penal Code Section 11112.4. (Police Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2010-201, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $45,430 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE ANTI-DRUG ABUSE ENFORCEMENT TEAM RECOVERY ACT PROGRAM AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2010/2011 AMERICAN RECOVERY AND REINVESTMENT ACT FUND (4/STHS VOTE REQUII2ED) The Police Department is asub-recipient of the Anti-Drug Abuse Enforcement Team Recovery Act Program, which is funded by the American Recovery and Reinvestment Act. The County of San Diego, who is the prime recipient of this grant, has allocated $45,430 to the Police Department because of its participation in the Jurisdictions Unified for Drng/Gang Enforcement program. (Police Chief) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes I ~ ~ .~ ~ August 3, 2010 DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2010-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2010/2011 POLICE GRANT FUND BUDGET BY APPROPRIATING $99,401 FOR THE DUI ENFORCEMENT AND AWARENESS PROGRAM (4/STHS VOTE REQUIRED) In October 2009, the California Office of Traffic Safety awarded $182,797 to the Police Department for the DUI Enforcement and Awareness Program. The Department is requesting to appropriate $99,401 of available grants funds to the Fiscal Year 2010/2011 Police Grant Fund. (Police Chief) Staff recommendation: Council adopt the resolution. 8. A. RESOLUTION NO. 2010-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE TRANSPORTATION DEVELOPMENT ACT FOR THE SIDEWALK SAFETY PROGRAM (I STREET) B. RESOLUTION NO. 2010-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT NO. 5001218 BETWEEN THE CITY OF CHULA VISTA AND SANDAG TO ACCEPT A GRANT FROM THE TRANSPORTATION DEVELOPMENT ACT FOR THE SIDEWALK SAFETY PROGRAM AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN THE AGREEMENT In July 2009 the San Diego Association of Governments (SANDAG) announced the award of Fiscal Year 2008/2009 Transportation Development Act grants to municipalities. The City of Chula Vista was awarded $116,220 for the Sidewalk Safety Program (I Street) and $150,000 for the Bicycle Master Plan Update. In order to receive these funds, the City must execute an agreement with SANDAG. Adoption of the resolution authorizes the execution of the agreement for the Sidewalk Safety Program funding. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION NO. 2010-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT IN THE AMOUNT OF FIFTY-FIVE THOUSAND DOLLARS ($55,000) WITH GROUP 4 ARCHITECTURE RESEARCH + PLANNING INC TO PROVIDE A LIBRARY FACILITIES MASTER PLAN FOR THE CHULA VISTA PUBLIC LIBRARY On March 22, 2010, staff issued a Request for Proposal for a Library Facilities Master Plan. The project is included in the 2010/2011 Capital Improvement Program budget to permit the completion of an updated Facilities Master Plan and its phased implementation. Adoption of the resolution approves an agreement with Group 4 + Planning Inc. (Library Director) Staff recommendation: Council adopt the resolution. Page 4 -Council Minutes ~ - ~ , ~ Augus[ 3, 2010 DRAFT CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendar Items 3, 4A, 4C, and 5 through 9, headings read, text waived. Councilmember McCann seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR APPROVAL OF MINUTES of March 4, 2010. Staff recommendation: Council approve the minutes. ACTION: Mayor Cox moved to approve staffs recommendation for Item 1. Councilmember Bensoussan seconded the motion, and it carried 4-0-1, with Councilmember McCann abstaining. 2. RESOLUTION NO. 2010-195, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY COUNCIL TO SEND A LETTER OF SUPPORT FOR ASSEMBLY BILL 1998 (BROWNLEY) Each year, Californians use approximately 19 billion single-use plastic carryout bags. These disposable bags cost up to 17 cents per bag for disposal, and approximately $375 million is spent every year to clean up and landfill discarded plastic bags. AB 1998 represents the latest legislative effort to encourage consumers to shift to reusable bags from single-use bags. AB 1998 enjoys the support of the California Grocers Association and the California Retailers Association in addition to several local government entities and environmental organizations and has been praised by our governor. Adoption of the resolution authorizes submittal of a letter by the City Council in support of Assembly Bill 1998 to the appropriate State officials. (City Council) Council recommendation: Council adopt the resolution. Willard Howard, Chula Vista resident, spoke in opposition to the Assembly Bill and to the proposed resolution. Alicia Glassco, San Diego resident, representing San Diego Coastkeeper, spoke in support of the Assembly Bill and of the proposed resolution. ACTION: Councilmember Castaneda moved to approve staff's recommendation and offered Resolution No. 2010-195, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 5-0. 4. B. RESOLUTION NO. 2010-198, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF NEW CLEAN RENEWABLE ENERGY BONDS ~-8-5 Page 5 -Council Minu[es August 3, 2010 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staff's recommendation and offered Resolution No. 2010-198, heading read, text waived. Councilmember McCann seconded the motion and it carried 3-0-2, with Councilmember Castaneda and Deputy Mayor Ramirez abstaining due to potential property-related conflicts of interest. Mayor Cox recognized and introduced Councilor Wayne Major, from the City of Bunbury, Western Australia, who was visiting the City of Chula Vista. PUBLIC COMMENTS Daniel Green, Chula Vista resident, spoke in support of allowing medical marijuana dispensaries in the City, and suggested the establishment of a community task force on the matter. Willard Howard, Chula Vista resident, expressed concern that he was unable to speak to the item on the Special Meeting agenda for July 27, 2010 due to amving at the meeting after the Item had been addressed by the Council. Adam Sparks, representing the Third Avenue Village Association, announced the recent openings of several businesses on Third Avenue. PUBLIC HEARINGS 10. CONSIDERATION OF ACCEPTING FISCAL YEAR 2009/2010 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department has been awarded $241,273 from the Supplemental Law Enforcement Services Fund. These funds will be used for the personnel costs of Police Training, a Development Supervisor, and a Peace Officer assigned to the Gang Reduction, Intervention and Prevention program. (Police Chief) 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 hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-206, heading read, text waived: RESOLUTION NO. 2010-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $241,273 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND Councilmember Bensoussan seconded the motion and it carried 5-0. Page 6 -Council Minutes (~ ~- ~ August 3, 2010 DRAFT ACTION ITEMS ACTION: Councilmember Bensoussan moved to table Items 11 through 14 with no further discussion. Councilmember Castaneda seconded the motion and it carried 5-0. 11. CONSIDERATION OF PROPOSED CHARTER AMENDMENTS FOR REVIEW, DISCUSSION, AND ACTION BY THE CITY COUNCIL RELATING TO TERM LIMITS FOR THE MAYOR AND COUNCILMEMBERS At the July 13, 2010 City Council meeting, the City Council directed the City Attorney's office to draft and bring forth four (4) proposed Charter amendments for review discussion, and action by the City Council on July 27, 2010. During the July 27`~ meeting, Council continued the item and requested that an accounting of available funds be prepared to determine if sufficient funds were available in the elections budget to pay for such measures to be placed on the November ballot or if such funds would need to be appropriated. (City Attorney) Staff recommendation: None. The City Attorney's office is returning to Council with this item based on the request of the Council on July 27, 2010. 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 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 TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING THE C[TY 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 AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED) (Continued from July 27, 2010.) 12. CONSIDERATION OF PROPOSED CHARTER AMENDMENTS FOR REVIEW, DISCUSSION, AND ACTION BY THE CITY COUNCIL RELATING TO TERM LIMITS FOR THE CITY ATTORNEY At the July 13, 2010 City Council meeting, the City Council directed the City Attorney's office to draft and bring forth four (4) proposed Charter amendments for review discussion, and action by the City Council on July 27, 2010. During the July 27`i' meeting, Council continued the item and requested that an accounting of available funds be prepared to determine if sufficient funds were available in the elections budget to pay for such measures to be placed on the November ballot or if such funds would need to be appropriated. (City Attorney) Staff recommendation: None. The City Attorney's office is returning to Council with this item based on the request of the Council on July 27, 2010. Page 7 -Council Minutes I -~ ~ ~~ August 3, 2010 DRAFT ACTION ITEMS (Continued) 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 TO 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 AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED) (Continued from July 27, 2010.) 13. CONSIDERATION OF PROPOSED CHARTER AMENDMENTS FOR REVIEW, DISCUSSION, AND ACTION BY THE CITY COUNCIL RELATING TO THE CREATION OF COUNCIL DISTRICTS At the July 13, 2010 City Council meeting, the City Council directed the City Attorney's office to draft and bring forth four (4) proposed Charter amendments for review discussion, and action by the City Council on July 27, 2010. During the July 27th meeting, Council continued the item and requested that an accounting of available funds be prepared to determine if sufficient funds were available in the elections budget to pay for such measures to be placed on the November ballot or if such funds would need to be appropriated. (City Attorney) Staff recommendation: None. The City Attorney's office is returning to Council with this item based on the request of the Council on July 27, 2010. 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 COUNTY OF SAN DIEGO TO 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 AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED) (Continued from July 27, 2010.) Page 8 -Council Minutes ' - 8 - ~ Augus[ 3, 2010 DRAFT ACTION ITEMS (Continued) 14. CONSIDERATION OF PROPOSED CHARTER AMENDMENTS FOR REVIEW, DISCUSSION, AND ACTION BY THE CITY COUNCIL RELATING TO THE ELIMINATION OF MID-YEAR ELECTIONS At the July 13, 2010 City Council meeting, the City Council directed the City Attorney's office to draft and bring forth four (4) proposed Charter amendments for review discussion, and action by the City Council on July 27, 2010. During the July 27`~ meeting, Council continued the item and requested that an accounting of available funds be prepared to determine if sufficient funds were available in the elections budget to pay for such measures to be placed on the November ballot or if such funds would need to be appropriated. (City Attorney) Staff recommendation: None. The City Attorney's office is returning to Council with this item based on the request of the Council on July 27, 2010. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA V[STA 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 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 TO 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 AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUII2ED) (Continued from July 27, 2010.) OTHER BUSINESS 15. CITY MANAGER'S REPORTS City Manager Sandoval thanked B.F. Goodrich for providing LEAN training to City management staff. He then announced the eight recent program graduates, Iracsema Quilantan, Ed Chew, James Garcia, Jodie Sawina, Teri Enos, and Brian Cox. He stated that the next training was scheduled for October 2010. 16. MAYOR'S REPORTS Update from Port Commissioner Stephen Padilla. The Port update by Port Commissioner Padilla was not heard, and was re-scheduled for a future date. Page 9 -Council Minutes 1 g - ~ August 3, 2010 DRAFT OTHER BUSINESS (Continued) Mayor Cox announced that three members of the Park View Little League baseball team would be competing in a game against Simi Valley on August 3, 2010. Mayor Cox reminded the community of National Night Out event on August 3, 2010, from 4:00 p.m. to 8:00 p.m. at the Chula Vista Police Department Headquarters. 17. COUNCILMEMBERS' COMMENTS Councilmember Bensoussan announced that the Lemon Festival would be held on August 8, 2010, and she reported on the recent ribbon cutting event at the San Ysidro Health Center for its new Adult Medical Care facility, servicing the entire South Bay region. Councilmember Bensoussan then commented on discussions by the Energy Subcommittee at its recent meeting, regarding new information provided by the San Diego Unified Port District's Attorney to Port Commissioner Padilla, about the retirement of the South Bay Power Plant. Councilmember Bensoussan requested, and it was the consensus of the Council, to direct the City Attorney to engage outside counsel, with expertise in energy, to analyze consequences should the Port District notify Dynegy (operator of the South Bay Powerplant) that Port tidelands would not be available for generating power from the South Bay Powerplant after January 1, 2011. Deputy Mayor Ramirez reported on his recent Public Office Hours that addressed issues regarding the Lauderbach Park facility and associated homelessness and illegal activity. Deputy Mayor Ramirez then recognized and thanked B.F. Goodrich for its support of the LEAN training program and its participation in local events such as the International Friendship Games. ADJOURNMENT At 5:08 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on August 10, 2010, at 4:00 p.m., in the Council Chambers. `i`".~ Lorraine Bennett, CMC, Deputy City Clerk Page 10 -Council Minutes ~ r ~ ` (~ August 3, 2010 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 10, 2010 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Bensoussan, Castaneda (arrived at 4:06 p.m.), Ramirez, McCann, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Noms, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Fire Inspector/Investigator Darin Golden led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY INTRODUCTION BY FIRE CHIEF DAVID HANNEMAN, OF THE CHULA VISTA FIRE DEPARTMENT'S NEWEST TEAM MEMBER, ACCELERANT DETECTION CANINE, "CALI". FIRE INSPECTOR/INVESTIGATOR DARIN GOLDEN, WILL PROVIDE A BRIEF OVERVIEW OF CALI'S MISSION WITH THE FIRE DEPARTMENT Chief Hanneman introduced accelerant detection canine, "Cali," and described her roll with the Fire Department. He then introduced Bernardo Vasquez, representing State Fann Insurance, who congratulated the City on receiving a scholarship from State Farm, for all costs associated with Cali's training. Cali's handler, Fire Inspector Golden then gave a demonstration of Cali's detection work. PRESENTATION BY LIBRARY DIRECTOR BETTY WAZNIS, OF THE CHULA VISTA PUBLIC LIBRARY'S 2010 SUMMER READING PROGRAM HONOREES Library Director Waznis introduced staff members Debbie Taylor and Joy Whatley, who spoke about the 2010 Summer Reading Program and recognized the many sponsors of the event. Staffinember Taylor then introduced each of the reading program honorees. PRESENTATION OF A PROCLAMATION TO LOCAL PASTORS ASSOCIATED WITH THE LUIS PALAU ASSOCATION, HONORING THEIR COMMITMENT TO PUBLIC SERVICE Mayor Cox read the proclamation and Councilmember McCann presented it to local Pastors, Chris McFarland, Director of San Diego CityFest, and Mike Carlisle, Director of Church and Community Relations for San Diego CityFest. Page 1 -Council Minutes ~ "' ~ ~~ August 10, 2010 DRAFT SPECIAL ORDERS OF THE DAY (Continued) INTRODUCTION BY REBECCA KELLEY, CHAIRPERSON OF THE CHULA VISTA INTERNATIONAL FRIENDSHIP COMMISSION OF CHULA VISTA STUDENT DELEGATES, MARIANO ARJONA, GABRIEL CURIEL AND CHRIS SANTARIN, AND OF ODAWARA, JAPAN STUDENT DELEGATES, MIKU HOSHINO, RUMINA OKAZAKI, HARUKA YAMAGISHI AND CHIHIRO YAMAZAKI International Friendship Commission Chairperson Rebecca Kelley introduced the four visiting Odawara exchange students and Chula Vista delegates who recently visited Japan. Each of the students spoke about their respective experiences in Chula Vista and Japan. Deputy Mayor Ramirez presented each of the Odawara Exchange students with a gift on behalf of the Council. RECOGNITION OF THE PLAYERS AND COACHES FROM CHULA VISTA NORTH 13-UNDER, UPON WINNING THE 2010 PONY-13 LEAGUE BASEBALL WORLD SERIES Mayor Cox introduced and recognized the team coaches and players, and Councilmembers Castaneda and Bensoussan presented each with a certificate of achievement. At 4:58 p.m., Mayor Cox recessed the meeting. The meeting reconvened at 5:00 p.m. with all members present. CONSENT CALENDAR (Items 1-3) Item 1 was removed from the Consent Calendar for separate consideration. Councilmember McCann stated he would be abstaining from voting on the item due to his absence from the meeting. This item was removed from the Consent Calendar. WRITTEN COMMUNICATIONS Letter of resignation from Aya Ibarra, International Friendship Commission. Staff recommendation: Council accept the resignation. 3. A. RESOLUTION NO. 2010-207, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE TRANSPORTATION DEVELOPMENT ACT FOR THE BIKEWAY MASTER PLAN B. RESOLUTION NO. 2010-208, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT NO. 5001216 BETWEEN THE CITY OF CHULA VISTA AND SANDAG TO ACCEPT A GRANT FROM THE TRANSPORTATION DEVELOPMENT ACT FOR THE BIKEWAY MASTER PLAN AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN THE AGREEMENT ~_C-~ Page 2 -Council Minutes August 10, 2010 DRAFT CONSENT CALENDAR (Continued) In July 2009 the San Diego Association of Governments (SANDAG) announced the award of Fiscal Year 2008/2009 Transportation Development Act grants to municipalities. The City of Chula Vista was awarded $116,220 for the Sidewalk Safety Program (I Street) and $150,000 for the Bicycle Master Plan Update. In order to receive these funds, the City must execute an agreement with SANDAG. Adoption of the resolution authorizes the execution of the agreement for the Bikeway Master Plan funding. (Director of Public Works) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent Calendar Items 2 and 3, headings read, text waived. Councilmember McCann seconded the motion, and it carved 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR APPROVAL OF MINUTES of March 9 and Mazch 16, 2010. Staff recommendation: Council approve the minutes. ACTION: Mayor Cox moved to approve staff's recommendation and offered Item 1. Councilmember Castaneda seconded the motion, and it tamed 4-0-1, with Councilmember McCann abstaining. PUBLIC COMMENTS Daniel Green, Chula Vista resident, stated that it was recently brought to his attention that at least two cannabis dispensaries were operating as holistic/alternative healing businesses in the City, and were granted business licenses by the City. He requested that the City make legalization of medical marijuana dispensaries a priority. Mayor Cox referred the matter to staff. PUBLIC HEARINGS 4. CONSIDERATION OF AN APPLICATION FILED BY SKK REALTY, LLC REQUESTING A REZONE FROM MHP-EXCLUSNE MOBILEHOME PARK TO R3 APARTMENT RESIDENTIAL ZONE, WITH A PRECISE PLAN MODIFYING DISTRICT The 4.35-acre project site was previously zoned R-3 until it was changed to MHP (Exclusive Mobilehome Park), due to the previously existing Jade Bay Mobile Lodge. The site is now vacant. The applicant requests it be rezoned to R-3 to be consistent with general plan designation and to allow future multi-family development. (Assistant City Manager/Development Services Director) 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. Page 3 -Council Minutes 1 - ~ _ `rye August ] 0, 2010 DRAFT PUBLIC HEARINGS (Continued) Associate Planner Steichen and Senior Project Coordinator Kurz provided information about the proposed project rezone. Jeff Chine, applicant, spoke in support of the proposed rezone. Mayor Cox opened the public hearing. Theresa Acerro, Chula Vista resident, representing Chula Vista Southwest Civic Association, spoke in opposition to the proposed rezone. Peter Watry, Chula Vista resident, urged the Council to leave the zoning as MHP until after implementation of the Urban Core Specific Plan. Barbara Nunnelee, Chula Vista resident, asked about the status of those residents who were currently receiving vouchers by the City for rental assistance, and stated that the vouchers would expire in 2011. Xochitl Galvan, asked the Council for assistance for those residents who would no longer be receiving rental assistance by the City once the City vouchers ceased in 2011. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. The Council discussed the City's rental assistance program in place for the prior residents of Jade Bay Mobilehome Park. Staff noted that in 2011, the City would no longer provide them with rental assistance since four years was the maximum allowed by the Federal government. ACTION: Mayor Cox moved to adopt the following Resolution No. 2010-209, and to place the Ordinance on first reading, headings read, text waived: A. RESOLUTION NO. 2010-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE APPLICANT HAS COMPLIED WITH REQUIRED PROVISIONS OF LUT SECTION 7.17 OF THE CHULA VISTA GENERAL PLAN REGARDING AN APPLICATION TO REZONE PROPERTY CURRENTLY DESIGNATED MHP (EXCLUSIVE MOBILEHOME PARK) ZONE B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE A 4.35 ACRE PARCEL LOCATED AT 701 D STREET FROM MHP (EXCLUSIVE MOBILEHOME PARK) ZONE TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN) ZONE (FIRST READING) Councilmember Castaneda seconded the motion and it carried 5-0. Page 4 -Council Minutes 1 - G ~ ~ August 10, 2010 DRAFT OTHER BUSINESS CITY MANAGER'S REPORTS There were none. 6. MAYOR'S REPORTS ACTION: Mayor Cox moved to ratify the appointments and re-appointments of the following Youth Action Council Members: Lauren Benitez Gina Bernacett Carina Bravo Thomas Davies Horatio Herrera Mitchell Jimenez Alex Leopold Nicolas Metras Shannon Ocheltree (Ex-Officio) Victor Santander Bryce Smith John Paul Sotelo Ratification of the reappointments of the following Youth Action Council Members: Haley Alderete Max Gastelum Kathleen Hoskins Trey Johnson Meagan Nolan Alexander Salomon Valeria Vera Councilmember McCann seconded the motion and it tamed 5-0. 7. COUNCILMEMBERS' COMMENTS There were none. ADJOURNMENT At 5:48 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on August 17, 2010, at 4:00 p.m., in the Council Chambers. G - Lorraine Bennett, CMC, Deputy City Clerk Page 5 -Council Minutes \ `~ ~ ~ August 1Q 2010