HomeMy WebLinkAboutcc min 2010/10/12MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
October 12, 2010
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and
Mayor Cox
ABSENT: None.
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Sweetwater Union High School District President of the Board, Jim Cartmill, led the Pledge of
Allegiance.
SPECIAL ORDERS OF THE DAY
OATH OF OFFICE
Eugene Yee, International Friendship Commission
City Clerk Norris administered the oath of office to Mr. Yee, and Deputy Mayor Ramirez
presented him with a certificate of appointment.
PRESENTATION BY DR. JESUS GANDARA, SUPERINTENDENT, REGARDING
AN UPDATE FOR THE SWEETWATER UNION HIGH SCHOOL DISTRICT
Sweetwater Union High School District Board Member Jim Cartmill introduced Maria Castilleja,
Executive Director of Curriculum and Instruction, Oscaz Medina, Director of State and Federal
Programs, and Karl Bradley, Assistant Superintendent of Planning of Facilities. Ms. Castilleja
provided an overview of the academic performance and educational standazds for the district.
Mr. Medina presented information about the growth of students leaning English as a second
language. Mr. Bradley presented vazious construction projects that were being accomplished as
a result of Propositions BB and O.
INTRODUCTION BY GARY HALBERT, ASSISTANT CITY
MANAGER/DEVELOPMENT SERVICES DIRECTOR, OF EMPLOYEE OF THE
MONTH, MARISA LUNDSTEDT, PRINCIPAL PLANNER
Assistant City Manager/Development Services Director Halber[ introduced Employee of the
Month, Marisa Lundstedt. Mayor Cox read the proclamation, and Councilmember Bensoussan
presented it to Ms. Lundstedt.
Page 1 -Council Minutes October 12, 2010
SPECIAL ORDERS OF THE DAY (Continued)
• PRESENTATION OF A PROCLAMATION TO MARTIN BARROS, CHULA VISTA
ELKS LODGE #2011, DICTIONARY COMMITTEE CHAIRMAN; CYNDI PRICE,
EXAULTED RULER; AND FAITH UGRICICH, SECRETARY, PROCLAIMING
OCTOBER 16, 2010 AS NATIONAL DICTIONARY DAY IN CHULA VISTA
Mr. Barros presented information about the Dictionary program. Mayor Cox read the
proclamation and Councilmember McCann presented it to Mr. Barros.
PRESENTATION BY BETTY WAZNIS, LIBRARY DIRECTOR, AND TIM COLBY,
SENIOR GENERAL MANAGER, GENERAL GROWTH PROPERTIES, INC., OF AN
OTAY RANCH TOWN CENTER LIBRARY CONCEPT
Library Director Waznis introduced the proposed Librazy concept. She then introduced Senior
General Manager Tim Colby, representing Growth Properties Inc., who spoke about the potential
benefits to the Library and Otay Shopping Center that included rent-free space for the Librazy,
and an increase in pedestrian traffic for the shopping center.
City Manager Sandoval reminded the Council that the proposed Librazy concept may be
jeopazdized, should ballot Proposition H fail.
CONSENT CALENDAR
(Items 1-5)
Items 1, 4 and 5 were removed from the Consent Calendaz for separate consideration.
Councilmember McCann stated he would be abstaining from voting on Item 1, since he was
absent from the meeting. Item 4 was removed at the request of staff. Councilmember McCann
stated he would be abstaining from voting on Item 5, due to a potential property-related conflict
of interest.
1. Item 1 was removed from the Consent Calendar.
2. RESOLUTION NO. 2010-241, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $133,333 FROM THE AMERICAN RED
CROSS, AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2010/2011
BUDGET OF THE FIRE DEPARTMENT (4/STHS VOTE REQUIRED)
The Chula Vista Fire Department has been awarded $133,333 from a grant sponsored by
the American Red Cross. This grant will provide a vegetation management program to
significantly reduce the impact of wildfires in Chula Vista. (Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 2 -Council Minutes October 12, 2010
CONSENT CALENDAR (Continued)
3. RESOLUTION NO. 2010-242, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $14,860 FROM THE BUREAU OF JUSTICE
ASSISTANCE, AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT
FUND FOR PROJECT SAFE NEIGHBORHOOD (4/STHS VOTE REQUIRED)
The San Diego Association of Governments, which administers the Project Safe
Neighborhood grant, has allocated $14,860 to the Police Department to participate in the
program. Project Safe Neighborhood, a national program funded by the U.S. Department
of Justice's Bureau of Justice Assistance, is designed to reduce gun violence and gun
crime by linking existing local crime prevention programs together and providing them
with the additional tools necessary to be successful. (Police Chief)
Staff recommendation: Council adopt the resolution.
4. Item 4 was removed from the Consent Calendar.
5. Item 5 was removed from the Consent Calendar.
ACTION: Mayor Cox moved to approve 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
1. APPROVAL OF MINUTES of Apri120 and May 18, 2010.
Staff recommendation: Council approve the minutes.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN CITY OF CHULA VISTA AND CITY
OF SAN DIEGO FOR THE USE OF THE OTAY VALLEY TRUNK SEWER LINE
The Cities of San Diego and Chula Vista previously entered into a Sewage
Transportation Agreement concerning the Otay Rio Business Park, under which San
Diego authorized Chula Vista to discharge sewage into the San Diego Municipal
Sewerage System for transportation to the Metropolitan Sewerage System. At the request
of the City of San Diego, a new agreement is needed to facilitate the standardization of
the agreements between the City of San Diego and the Metro-TAC participating
agencies. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Item 4 was continued to October 26, 2010 at staff s request.
Page 3 -Council Minutes October 12, 2010
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2010-243, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND TEAM ECONOLITE TRAFFIC ENGINEERING AND
MAINTENANCE, INC. FOR PROVIDING AND INSTALLING PERMANENT
TRAFFIC COUNT STATION SYSTEMS (TF274)
Due to the expansion of the City's roadway network over recent yeazs, it was determined
that permanent traffic count stations should be installed to aid in the increasing workload
demands of the City's Traffic Monitoring Program. Proposals to provide permanent
traffic count stations were requested from qualified equipment vendors and construction
companies. A total of two proposals were received, both from qualified
vendors/companies. It was determined that Team Econolite Traffic Engineering and
Maintenance, Inc. is qualified to provide the required services and also submitted lower
initial costs and lower recurring/maintenance costs of the overall system. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent
Calendar Items 1 and 5, headings read, texts waived. Deputy Mayor Ramirez
seconded the motion, and it carried 4-0-1, with Councilmember McCann
abstaining due to a potential property-related conflict of interest.
PUBLIC COMMENTS
Daniel Green, Chula Vista resident, spoke in support of allowing medical marijuana dispensaries
to operate in Chula Vista.
Ed Herrera, Chula Vista resident, spoke in opposition to the proposed library concept at Otay
Ranch Town Center.
Isabelle Espino, Chula Vista resident, spoke in opposition to the proposed library concept at Otay
Ranch Town Center.
Jim Merzbacher, Spring Valley resident stated that if the proposed librazy at Otay Ranch Town
Center opened, he was in favor of keeping the Eastlake library open at the school as well.
Georgie Stillman, Chula Vista resident, spoke about the recent Hazbor Days event and displayed
an art exhibit from the event. She also thanked all the volunteers involved with the event.
Page 4 -Council Minutes October 12, 2010
PUBLIC HEARINGS
6. CONSIDERATION OF ESTABLISHING A UTILITY UNDERGROUND DISTRICT
TO UNDERGROUND ELECTRICAL TRANSMISSION AND DISTRIBUTION
LINES ALONG PLAZA BONITA ROAD
On September 14, 2010, the City Council approved Resolution No. 2010-231 and ordered
a public hearing to be held on October 12, 2010 to determine whether the public health,
safety and general welfare requires the formation of a utility underground district to
underground the overhead electrical transmission and distribution lines along Plaza
Bonita Road from the north City limits to the southwest corner of Bonita Road. This
district is being formed at the request of the County of San Diego, which will be
financing all the costs. (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 hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-244,
heading read, text waived:
RESOLUTION NO. 2010-244, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ESTABLISHING THE PLAZA BONITA
UTILITY UNDERGROUND DISTRICT ALONG PLAZA BONITA ROAD
FROM THE NORTH CITY LIMITS TO THE SOUTHWEST CORNER OF
BONITA ROAD
Councilmember McCann seconded the motion and it carried 5-0.
7. CONSIDERATION OF WAIVING THE MATHEMATICAL IRREGULARITIES IN
THE BIDS RECEIVED FOR THE "SEWER REHABILITATION PROGRAM, FISCAL
YEAR 2008/2009 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA,
CALIFORNIA (SW255B/SW235)" PROJECT PER CITY CHARTER SECTION 1009
On September 15, 2010, the Director of Public Works received sealed bids for the "Sewer
Rehabilitation Program, Fiscal Year 2008/2009 various locations in the City of Chula
Vista (SW255A/SW235)" project. The project will replace existing broken sewer mains
and laterals, repair cracked sewer lines, and replace asphalt concrete pavement in vazious
locations throughout the City of Chula Vista. (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 hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Page 5 -Council Minutes October 12, 2010
PUBLIC HEARINGS (Continued)
ACTION: Councilmember McCann moved to adopt the following Resolution No. 2010-245,
heading read, text waived:
RESOLUTION NO. 2010-245, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING MATHEMATICAL
IRREGULARITIES IN THE BIDS, ACCEPTING BIDS AND AWARDING A
CONTRACT FOR THE "SEWER REHABILITATION PROGRAM, FISCAL
YEAR 2008/2009 VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA,
CALIFORNIA (SW255B/SW235)" PROJECT TO CHARLES KING
COMPANY, INC OF SIGNAL HILL, CALIFORNIA IN THE AMOUNT OF
$995,546.25 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXPEND AVAILABLE FUNDS
Councilmember Castaneda seconded the motion and it carried 4-0-1, with
Councilmember Bensoussan abstaining due to a potential property-related conflict
of interest.
ACTION ITEMS
REPORT ON THE COMPARISON OF THE CITY'S CAMPAIGN CONTRIBUTION
ORDINANCE TO THE POLITICAL REFORM ACT AND POTENTIAL
ENFORCEMENT BY THE FAIR POLITICAL PRACTICES COMMISSION
At the July 13, 2010 City Council meeting, the Council directed the City Attomey to
review the City's Campaign Contributions ordinance to determine which of its provisions
aze duplicative of the Political Reform Act, in order to determine whether, and to what
extent, the Fair Political Practices Commissions could enforce the ordinance. This item
is brought forwazd as a result of that review. (City Attorney)
City Attorney Miesfeld introduced the item, and Assistant City Attorney Maland provided
information on the results of the City's Campaign Contributions ordinance review.
ACTION: Mayor Cox moved to accept the report; to remove the suspension as was
previously approved by the Council; to restore the ordinance to its condition
before the suspension, with clean up of the constitutionality provisions being
forwarded to the City Attorney's Office; and to forwazd to the newly elected City
Attomey any future enforcement provisions, including those that would remove
duplication of the Political Reform Act provisions. Councilmember McCann
seconded the motion.
Discussion ensued regazding the motion.
ACTION: Mayor Cox moved to amend the primary motion to include direction to strike
those sections of the ordinance that were duplicative of provisions in the Political
Reform Act. Councilmember McCann seconded the motion, and it failed 2-3,
with Councilmembers Ramirez, Castaneda and Bensoussan opposed.
Page 6 -Council Minutes October 12, 2010
ACTION ITEMS (Continued)
ACTION: Deputy Mayor Ramirez moved to remove those items that were duplicative of the
Fair Political Practices Commission (FPPC) rules; remove all other remaining
items from the City's ordinance, and establish enforcement as a referral to the
District Attorney for its actions. Councilmember Castaneda seconded the motion.
Mayor Cox asked for clazification of the motion.
ACTION: Deputy Mayor Ramirez moved to remove the provisions that were duplicative of
the Political Reform Act; establish the District Attorney as the enforcement
agency for all remaining provisions in the ordinance; refer potentially
unconstitutional sections to a committee for review; and include comments by the
City Attomey regazding the expiration of the suspension of the ordinance.
Further discussion ensued regarding the restated motion.
Mayor Cox restated the motion, with confirmation by Deputy Mayor Ramirez, to remove the
duplicity of the FPPC rules and Political Reform Act provisions from the City's ordinance, refer
enforcement to the District Attorney, and incur the rescission of the suspension portion of the
ordinance.
Councilmember McCann called for the vote.
The motion failed 2-3, with Mayor Cox, and Councilmembers McCann and
Bensoussan opposed.
ACTION: Councilmember Bensoussan moved to remove the Political Reform Act
redundancies from the City's ordinance, with the understanding that any
violations of State law would become a state enforcement issue; retain the
remaining items in the ordinance, and if they rise to the level of a criminal
violation, to designate the District Attorney as the enforcement authority, and if
they do not rise to the level of criminal activity, to designate the City Attorney as
the enforcement authority; and to clean up the ordinance by November 23, 2010,
including constitutionality issues. Deputy Mayor Ramirez seconded the motion.
Discussion ensued regarding designation of an enforcement authority.
ACTION: Councilmember Bensoussan restated the motion as follows: Prepare an ordinance
to remove redundancies that the FPPC oversees; maintain all other aspects of the
ordinance; designate the District Attorney as the enforcement authority; study the
matter of minor violations that were not criminal in nature; correct the
constitutionality issues; and direct the City Attorney return to the Council with the
proposed changes by November 23, 2010. Deputy Mayor Ramirez seconded the
amended motion and called for the question.
Page 7 - Counci] Minutes October 12, 2010
Councilmember McCann requested that the motion be divided into single subjects.
As to the question of removing from the current ordinance provisions duplicative
of Political Reform Act redundancies, the motion carried 4-1, with
Councilmember McCann opposed.
As to the question of correcting the constitutionality issues, the motion carried
5-0.
As to the question of having staff return prior to the November 23, 2010 City
Council Meeting, with a proposed ordinance and information regarding
possibilities of enforcement authorities, the motion carried 5-0.
Mayor Cox clarified her vote regarding removing the Political Reform Act redundancies, in that
candidates for office would still be informed, perhaps through the City Clerk's Office, of what
the FPPC requirements were.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
City Manager Sandoval announced that there would be no Council Meeting on October 19, 2010.
The next meeting would be scheduled for October 26, 2010.
]0. MAYOR'S REPORTS
Ratification of appointments to the following
Boazd of Library Trustees
Charter Review Commission
Design Review Board
International Friendship Cormission
Resource Conservation Commission
boards and commissions
Elva Mellor
Carra Rhamy
Rebecca Jenks
Hector Vanegas
Brett Davis
Councilmember Bensoussan requested Council consideration of a sepazate vote for the
ratification of Brett Davis.
ACTION: Mayor Cox moved to appoint Elva Mellor, Carra Rhamy, Rebecca Jenks, and
Hector Vanegas to their respective Boazds/Commissions. Councilmember
McCann seconded the motion and it carried 4-0, with Deputy Mayor Ramirez
absent from the dais.
ACTION: Mayor Cox moved to appoint Brett Davis to the Resource Conservation
Commission. Councilmember McCann seconded the motion and it carried 3-1,
with Deputy Mayor Ramirez absent from the dais, and Councilmember
Bensoussan opposed.
Page 8 -Council Minutes October 12, 2010
OTHER BUSINESS (Continued)
Mayor Cox commented on recent discussions about the issues of the legalization of mazijuana
and medical marijuana dispensaries. She stated that the media had contacted her with a request
for a statement on the matter. To that end, Mayor Cox issued a statement opposing legalization
of marijuana.
Mayor Cox announced the upcoming Beautify Chula Vista event scheduled on October 16, 2010.
11. COUNCILMEMBERS' COMMENTS
Councilmember McCann thanked everyone who participated in the recent Christmas in October
event. He also hoped to see the community at the Beautify Chula Vista event.
Deputy Mayor Ramirez stated his support for the Commissioner appointments.
Councilmember Bensoussan: Consideration of adoption of the following resolution:
ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2010-
246, heading read, text waived:
RESOLUTION NO. 2010-246, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA IN SUPPORT OF THE CITY OF CHULA
VISTA'S PARTICIPATION IN THE INSTITUTE FOR LOCAL
GOVERNMENT'S BEACON AWARD: LOCAL LEADERSHIP TOWARD
SOLVING CLIMATE CHANGE
Councilmember McCann seconded the motion and it carried 5-0.
Councilmember Bensoussan commented on the establishment of two committees as a result of
the recent certification of the Environmental Impact Report and Bayfront Master Plan process,
namely the South Bay Wildlife Advisory Group (WAG), and the Bayfront Culture and Design
Committee. It was the consensus of the Council to agendize for a future Council Meeting,
discussion on the appointment process of Chula Vista representatives for the WAG.
Councilmember Bensoussan commented on the various upcoming Halloween highlights and
events to be held at the Chula Vista Public Library.
Councilmember Castaneda commented on his recent participation in the Otay Park clean up
event. He invited the community to attend a community meeting on October 27, 2010, at the
Otay Elementary School, to discuss ideas to increase safety and cleanliness at Otay Park.
Mayor Cox advised the Council that until further notice, Closed Session meetings would
commence at 3:00 p.m.
Page 9 -Council Minutes October 12, 2010
ADJOURNMENT
At 6:53 p.m., Mayor Cox adjourned the meeting to the next regular City Council meeting on
October 26, 2010, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Sr. Deputy City Clerk
Page 10 -Council Minutes October 12, 2010