HomeMy WebLinkAboutrda min 2010/11/23 ccMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND A
SPECIAL MEETING OF THE REDEVELOPMENT AGENCY
November 23, 2010 4:00 p.m.
A Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of
the City of Chula Vista were 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: Council/Agency Members Bensoussan (arrived at 4:10 p.m.),
Castaneda, McCann, Ramirez (arrived at 4:07 p.m.), and
Mayor/Chair 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
Emerald Randolph led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
PRESENTATION OF PUBLIC WORKS/ENGINEERING'S CONTINUOUS
IMPROVEMENT-KAIZEN EVENT
Assistant Director of Engineering Quilantan and Administrative Services Manager Chew gave an
overview of the results of the recent continuous improvement Kaizen event that included
techniques for eliminating waste and improvements in productivity.
PRESENTATION BY DR. EMERALD RANDOLPH, PROGRAM CHAIRPERSON,
REGARDING THE CHRISTMAS IN OCTOBER 2010 PROGRAM AND RESULTS
Dr. Randolph spoke about this yeaz's Christmas in October event and briefly described the seven
homes that were rehabilitated. She thanked the event sponsors, Board Members, and volunteers
for the success of the program. She then introduced Mary Ann Pelk whose home was renovated
as part of the program. Ms. Pelk thanked everyone involved.
Bill Stacey, House Captain for Christmas in October, representing Goodrich Aerostructures,
explained the challenges and rewards of being a house captain.
Councilmember McCann thanked Dr. Randolph and former Councilmember Patty Davis who
initiated the Christmas in October program. He also thanked all of the sponsors and volunteers.
Page 1 -Council/RDA Minutes November 23, 2010
SPECIAL ORDERS (Continued)
• RECOGNITION OF MILENA CALCAGNI, TIFFANY ELEMENTARY SCHOOL
FIFTH GRADE WINNER OF THE LADIES AUXILIARY, MILITARY ORDER OF
THE PURPLE HEART ESSAY CONTEST, "WHY IT'S IMPORTANT TO THANK
OUR VETERANS"
Mayor Cox introduced Milena Calcagni, fifth grade winner of the Ladies Auxiliary, Military
Order of the Purple Heart Essay contest. Councilmember McCann then presented Milena with a
certificate of appreciation.
CONSENT CALENDAR (City Council and Redevelopment Agency)
(Items 1-14)
Items 1, 6, 9, and 12 were removed from the Consent Calendaz for sepazate consideration.
Deputy Mayor Ramirez stated he would be abstaining from voting on Item 1 due to his absence
from the June 22, 2010 meeting; Councilmember McCann stated he would be abstaining from
voting on Item 1, due to his absence from the June 22, 2010 meeting; Item 6 was removed at the
request of a member of the public; Item 9 was removed at the request of Mayor Cox; and
Councilmember Bensoussan stated she would be abstaining from voting on Item 12, due to a
potential property-related conflict of interest.
1. Item 1 was removed from the Consent Calendar.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Hector A. Reyes, Chula Vista Redevelopment Corporation.
Staff recommendation: Council accept the resignation.
3. A. ORDINANCE NO. 3167, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE,
ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES
(SECOND READING AND ADOPTION)
B. ORDINANCE NO, 3168, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA BUILDING CODE, 2010 EDITION (SECOND
READING AND ADOPTION)
C. ORDINANCE NO. 3169, ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 15.09 TO THE CHULA VISTA MUNICIPAL CODE ADOPTING THE
CALIFORNIA RESIDENTIAL CODE, 2010 EDITION (SECOND READING AND
ADOPTION)
Page 2 - Council/RDA Minu[es November 23, 2010
CONSENT CALENDAR (Continued)
D. ORDINANCE NO. 3170, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2010
EDITION (SECOND READING AND ADOPTION)
E. ORDINANCE NO. 3171, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.12, GREEN BUILDING STANDARDS, OF THE CHULA
VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION)
F. ORDINANCE NO. 3172, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA MECHANICAL CODE, 2010 EDITION (SECOND
READING AND ADOPTION)
G. ORDINANCE NO. 3173, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2010 EDITION (SECOND
READING AND ADOPTION)
H. ORDINANCE NO. 3174, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA PLUMBING CODE, 2010 EDITION (SECOND
READING AND ADOPTION)
I. ORDINANCE NO. 3175, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA FIRE CODE, 2010 EDITION (SECOND READING
AND ADOPTION)
The California Building Standards Commission has mandated that jurisdictions within
the State start enforcing the 2010 editions of the California building codes on January 1,
2011. Adoption of California building codes is a routine action undertaken by the City in
response to newly adopted State building codes. Adoption of the ordinances allows the
City to incorporate appropriate local amendments into the enforcement program. These
ordinances were introduced November 9, 2010. (Assistant City Manager/Development
Services Director and Fire Chief)
Staff recommendation: Council adopt the ordinances.
4. RESOLUTION NO. 2010-266, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH TO PROVIDE ANIMAL
CARE AND ANIMAL CONTROL SERVICES
Page 3 - Council/RDA Minutes November 23, 2010
CONSENT CALENDAR (Continued)
The City of Imperial Beach has requested that regulaz animal control services be
provided by the City of Chula Vista rather than on-call services. Adoption of the
resolution approves the updated agreement. (City Manager)
Staff recommendation: Council adopt the resolution.
5. INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2010
The quarterly Investment Report provides information on various cash balances,
investment transactions and the status of the pooled investment portfolio in accordance
with the Califomia Government Code and the City's Investment Policy. (Director of
Finance)
Staff recommendation: Council accept the report.
6. This item was removed from the Consent Calendar.
7. RESOLUTION NO. 2010-268, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $25,367 FROM THE CALIFORNIA
EMERGENCY MANAGEMENT AGENCY AND APPROPRIATING SAID FUNDS
TO THE POLICE GRANT FUND FOR THE DOMESTIC VIOLENCE RESPONSE
TEAM (4/STHS VOTE REQUIRED)
The Police Department and South Bay Community Services have been working in
partnership for the past twelve years providing support services to domestic violence
victims in the community. The California Emergency Management Agency, which
administers the Domestic Violence Response Team grant, has notified the Police
Department of additional funding to supplement its existing grant award. (Police Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2010-269, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $4,472 FROM THE BUREAU OF JUSTICE
ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT
FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/STHS VOTE
REQUIRED)
The Police Department was recently notified by the Bureau of Justice Assistance of
approved funding for the Bulletproof Vest Partnership. The funding will pay for 50% of
the cost of bulletproof vests for police officers. Matching funds are already included in
the Police Department budget. (Police Chief)
Staff recommendation: Council adopt the resolution.
9. This item was removed the Consent Calendaz.
Page 4 - Counci]/RDA Minutes November 23, 2010
CONSENT CALENDAR (Continued)
10. RESOLUTION NO. 2010-271, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $972,000 FROM THE U.S. DEPARTMENT
OF ENERGY, AND AMENDING THE FEDERAL GRANTS FUND FISCAL YEAR
2010/2011 BUDGET BY APPROPRIATING $200,000 IN GRANT FUNDS FOR THE
UNIVERSITY PARK AND RESEARCH CENTER PROJECT (4/STHS VOTE
REQUIRED)
The City of Chula Vista has negotiated agreements to acquire approximately 375 acres of
developable land that will be the site of the University Park and Research Center. The
site will include higher education and reseazch facilities, and a regional technology pazk.
The grant funds will be used to complete initial public and energy infrastructure designs;
formulate a set of sustainable design and development guidelines; create and complete,
technical studies and planning documents necessary for the entitlement and development
of the site. (Assistant City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2010-272, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF FEDERAL FISCAL
YEAR 2010/2011 HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 4
GRANT APPLICATIONS, AND COMMITTING MATCHING FUNDS THEREFOR
The City of Chula Vista's Department of Public Works, Engineering Division, would like
to submit grant applications for the Federal Fiscal Yeaz 2010/2011 Highway Safety
Improvement Program (HSIP) Cycle 4 Grant Program. HSIP funds aze eligible for work
on any publicly owned roadway or bicycle/pedestrian pathway or trail that will correct or
improve the safety of its users. Three candidate projects are proposed to be submitted
prior to the December 9, 2010 deadline. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
12. This item was removed from the Consent Calendar.
13. RESOLUTION NO. 2010-274, RESOLUTION OF THE CITY COUNCIL OF CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT
WITH RMC WATER AND ENVIRONMENT IN THE AMOUNT OF $40,814,
AMENDING THE FISCAL YEAR 2010/2011 CIP PROGRAM AND
APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $40,814 TO
EXISTING CAPITAL IMPROVEMENT PROJECT SW258 FROM THE AVAILABLE
BALANCE OF THE TRUNK SEWER FUND (4/STHS VOTE REQUIRED)
Page 5 -Council/RDA Minutes November 23, 2010
CONSENT CALENDAR (Continued)
RMC Water and Environment (RMC) was retained by the City of Chula Vista and Otay
Water District (OWD) to prepaze a Wastewater Reclamation Facility Feasibility Study.
While reviewing the feasibility study, the City and OWD staff requested that RMC
perform additional tasks as identified in the amendment. Adoption of the resolution
approves the amendment to the agreement, amends the Fiscal Year 2010/2011 Capital
Improvement Program and appropriates additional funds. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
14. COUNCIL RESOLUTION NO. 2010-275, AND REDEVELOPMENT AGENCY
RESOLUTION NO. 2010-2031, RESOLUTION OF THE CITY COUNCIL AND
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE
FIRST AMENDMENT TO THE OPERATING AGREEMENT BETWEEN THE RDA,
THE CITY, AND THE CHULA VISTA NATURE CENTER FOUNDATION
On February 2, 2010, the Chula Vista City Council and the Chula Vista Redevelopment
Agency entered into a formal Operating Agreement with the Chula Vista Nature Center
Foundation. Adoption of the resolution approves the first amendment to that agreement,
extending the term an additional eighteen months and modifying several sections of the
agreement. (Director of Recreation)
Staff recommendation: Agency/Council adopt the resolution.
ACTION: Mayor Cox moved to approve Consent Calendaz Items 2 through 5, 7, 8, 10, 11,
13, and ] 4, headings read, text waived. Councilmember Castaneda seconded the
motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. APPROVAL OF MINUTES of June 22, 2010.
Staff recommendation: Council approve the minutes.
ACTION: Mayor Cox moved to approve the minutes. Councilmember Bensoussan
seconded the motion and it carried 3-0-2, with Councilmember McCann and
Deputy Mayor Ramirez abstaining.
6. RESOLUTION NO. 2010-267, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $117,412 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY AND APPROPRIATING $67,093 TO THE POLICE GRANT
FUND FOR THE SOBRIETY CHECKPOINT MINI-GRANT PROGRAM (4/STHS
VOTE REQUIRED)
Page 6 - Coaucil/RDA Minutes November 23, 2010
CONSENT CALENDAR (Continued)
The California Office of Traffic Safety has awarded $1 ]7,412 to the Police Department
for the Sobriety Checkpoint Mini-Grant Program. The goal of the program is to reduce
the number of victims killed and injured in alcohol-related crashes. (Police Chiel)
Staff recommendation: Council adopt the resolution.
Daniel Green, Chula Vista resident, asked why people were being arrested for non-DUI (Driving
Under the Influence)-related offences at DUI checkpoints, and asked for an explanation of the
rational for the established time and location of DUI checkpoints. He stated there was a need for
statistics of the effectiveness of DUI checkpoints in the City.
Captain Ficacci responded to the comments by Mr. Green, and explained that some of the arrests
at DUI checkpoints were the result of prior DUIs or other crimes that resulted in a license
suspension.
Deputy Mayor Ramirez suggested further efforts by staff to notify the media about DUI
checkpoints.
ACTION: Mayor Cox moved to approve Item 6, heading read, text waived. Deputy Mayor
Ramirez seconded the motion, and it carried 5-0.
9. RESOLUTION NO. 2010-270, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS
AND AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE ONE LENCO
BEARCAT (ARMORED TACTICAL VEHICLE) VIA THE STATE OF CALIFORNIA
PUBLIC SAFETY PROCUREMENT PROGRAM (1122 COUNTER-DRUG
PROGRAM) UTILIZING GSA CONTRACT GS-07F-0290M
The Police Department was awarded $407,974 as part of Operation Stonegarden to
conduct regional law enforcement operations to intercept terrorists and their weapons
from coming across the United States Border. As part of this grant award, the Department
was awarded funding for an armored tactical vehicle. The Council previously accepted
the funds. Adoption of the resolution waives the competitive bidding process to purchase
the vehicle, and utilizes the State of California Public Safety Procurement Program (1122
Counterdrug Program) to purchase one Lenco BearCat to provide armored, quick
tactical/extraction capabilities in the Southern San Diego region. (Police Chief)
Staff recommendation: Council adopt the resolution.
Mayor Cox asked staff to provide additional information about the purchase of the Bearcat
armored tactical vehicle. Captain Ficacci explained that the vehicle would replace the
Department's existing and deteriorated tactical vehicle, and was intended for use in the City and
as a regional asset for the south county.
Daniel Green, Chula Vista resident, asked about the frequency of use of the tactical vehicle and
costs for its maintenance and staffing.
Administrative Services Manager Chew responded that maintenance and fuel for the vehicle
would be covered by grant funding for the first two years, and from that point forward, an
estimated cost of $3,000 per year would be paid through asset forfeiture funds.
Page 7 -Council/RDA Minutes November 23, 2010
CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve Item 9, heading read, text waived. Councilmember
Castaneda seconded the motion, and it carved 5-0.
12. RESOLUTION NO. 2010-273, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE REPORT ESTABLISHING EACH
ELEMENT OF CALIFORNIA PUBLIC CONTRACTS CODE SECTION 5103,
RELIEVING PAL ENGINEERING FROM THEIR BID PURSUANT TO
CALIFORNIA PUBLIC CONTRACTS CODE SECTION 5101, ACCEPTING THE
REMAINING BIDS, AWARDING THE CONTRACT FOR THE "ADA CURB
RAMPS FISCAL YEAR 2009/2010 (STL352)" TO BLAIR RASMUSSEN
CONSTRUCTION, INC. IN THE AMOUNT OF $528,963.80, AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN
THE PROJECT, INCLUDING SUFFICIENT ELIGIBLE FUNDS AVAILABLE IN
THE "ADA CURB RAMP FISCAL YEAR 2010/2011" (STL374)
On October 13, 2010, the Director of Public Works received sealed bids for the "ADA
Curb Ramps Fiscal Yeaz 2009/2010 (STL352)" CIP Project. The work to be done
consists of the installation of ADA pedestrian ramps and other concrete improvements at
various locations citywide; Ramp Location #33 is being considered sepazately because of
a decision-maker conflict. Adoption of the resolutions relieves the appazent low bidder
of its bid pursuant to requirements set forth in Section 5103 of the Public Contract Code;
and, awards the contract to Blair Rasmussen Construction, Inc. of San Diego. (Director
of Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve Item 12, heading read, text waived. Deputy Mayor
Ramirez seconded the motion, and it carried 4-0-1, with Councilmember
Bensoussan abstaining due to a potential property-related conflict of interest.
PUBLIC COMMENTS
Elroy Kihano commented on the proposed SANDAG Bus Rapid Transport routes in the City,
and he asked the Council to provide public outreach prior to the next SANDAG meeting in
January, to those residents who would be directly affected by the proposed bus routes. Mayor
Cox suggested that Mr. Kihano speak with Public Works Director Hopkins, who was present at
the meeting.
Daniel Green, Chula Vista resident, suggested more effort by the City for public outreach and
transpazency.
Isabelle Espino, Chula Vista resident, representing Chula Vista Civic Association, encouraged
the community to reflect upon the importance of those who serve in the military, and to thank
them for their service.
Page 8 -Council/RDA Minutes November 23, 2010
PUBLIC COMMENTS (Continued)
David Walden, Chula Vista resident, commented on "The Smarter Cities Challenge" grant by
IBM Company, to enable 100 cities worldwide to foster partnerships and address critical
challenges. He suggested Council consider applying for the grant, and stated that the deadline
for submitting applications was December 31, 2010.
Angela Peterson, Chula Vista resident, expressed concern with the potential closure of Parkway
Community Pool.
PUBLIC HEARINGS
15. CONSIDERATION OF 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 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: Councilmember McCann moved to adopt the following Resolution No. 2010-276,
heading read, text waived:
RESOLUTION NO 2010-276, 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
Deputy Mayor Ramirez seconded the motion, and it carried 5-0.
16. CONSIDERATION OF 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)
Page 9 - CounciURDA Minutes November 23, 2010
PUBLIC HEARINGS (Continued)
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: Councilmember McCann moved to adopt the following Resolution No. 2010-277,
heading read, text waived:
RESOLUTION NO. 2010-277, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
Deputy Mayor Ramirez seconded the motion, and it carried 5-0.
At 5:52 p.m., Mayor Cox recessed the meeting. The meeting reconvened at 6:17 p.m. with all
members present, except Deputy Mayor Ramirez, who arrived at 6:18 p.m., and Councilmember
McCann, who arrived at 6:21p.m.
17. CONSIDERATION OF ADDING A SECTION TO THE CHULA VISTA MUNICIPAL
CODE REGARDING THE PARKING OF CARS FOR SALE ON PUBLIC STREETS
ONLY IN AREAS WHERE SIGNS ARE POSTED
In response to citizen concerns involving persons conducting the business of selling
vehicles on public streets, in combination with aesthetic and traffic safety concerns, the
City Attorney's office and the Chula Vista Police Department recommend the adoption of
a parking ordinance restricting this activity where signs aze posted. (City Attorney)
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.
Deputy City Attorney Hawkins explained that the proposed ordinance would permit immediate
ticketing by law enforcement for pazking for-sale vehicles on designated City streets.
Discussion ensued about issues associated with the potential for future problems with parking in
areas other than the proposed designated streets.
Mayor Cox opened the public hearing
Daniel Green, Chula Vista resident, suggested atwo-hour parking limit on designated streets,
and to have law enforcement seek out caz sales businesses that may be operating without a
business license, rather than ticketing individuals parking illegally. He also suggested that staff
provide a more comprehensive understanding of the issue.
Page ]0 -Council/RDA Minutes November 23, 2010
PUBLIC HEARINGS (Continued)
Mike Siry, Chula Vista resident, representing Carco Sales Financing, spoke in favor of the
proposed ordinance. He suggested that the consequence of the parking violation should result in
immediate towing of vehicles, rather than issuing parking tickets.
David Walden, Chula Vista resident, spoke in opposition to the proposed ordinance.
Steven Pavka, Chula Vista resident, spoke in opposition to the proposed ordinance.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
ACTION: Councilmember Castaneda moved to place the following ordinance on first
reading, heading read, text waived:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION
10.52.465 TO CHAPTER 10.52 OF THE CHULA VISTA MUNICIPAL CODE
TO PROHIBIT PARKING CARS FOR SALE ON PUBLIC STREETS ONLY
IN AREAS WHERE SIGNS ARE POSTED (FIRST READING)
Deputy Mayor Ramirez seconded the motion, and it carved 5-0.
18. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO
AUTHORIZE REMOTE CALLER BINGO
The City Attorney's office has received written requests from non-profit organizations to
amend the Chula Vista Municipal Code to authorize "remote caller bingo" (a type of
bingo game recently authorized by state law) to enhance chazitable fundraising. (City
Attorney)
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.
City Attorney Miesfeld introduced the item, and explained the safeguazds associated with state
law for remote caller bingo to enhance chazitable fundraising.
Mayor Cox opened the public heazing.
Daniel Green, Chula Vista resident, asked what the business owner stood to earn through remote
caller bingo, and whether the City had a vested interest.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Page 11 -Council/RDA Minutes November 23, 2010
PUBLIC HEARINGS (Continued)
ACTION: Councilmember McCann moved to place the following ordinance on first reading,
heading read, text waived:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL
CODE SECTION 9.12.130 TO AUTHORIZE REMOTE CALLER BINGO
(FIRST READING)
Councilmember Castaneda seconded the motion, and it carried 5-0.
19. CONSIDERATION OF APPROVING AN AMENDMENT TO THE STANDARD
CONDITIONS OF APPROVAL FOR TENTATIVE SUBDIVISION MAPS
The Development Services Department initiated a comprehensive review of the City's
development review process in eazly 2009 to establish new protocol to streamline the
development review process. The recommendation to adopt a formal list of tentative
subdivision map standard conditions to supplement Section 5-000 Appendices of the
City's Subdivision Manual, represents one more step in the streamlining processes for
applicants. (Assistant City Manager/Development Services Director)
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 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. 2010-278,
heading read, text waived:
RESOLUTION NO. 2010-278, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
CITY OF CHULA VISTA SUBDIVISION MANUAL SECTION 5-000
APPENDICES PERTAINING TO THE INCLUSION OF STANDARD
CONDITIONS OF APPROVAL FOR TENTATIVE SUBDIVISION MAPS
Councilmember McCann seconded the motion, and it carried 5-0.
ACTION ITEMS
Mayor Cox announced that Item 20 would not be heard, and would be brought back for
discussion at a future Council Meeting.
20. CONSIDERATION OF THE APPROVAL OF AN AGREEMENT WITH THE
SAPETTO GROUP AND AN AGREEMENT WITH LAER PEARCE AND
ASSOCIATES TO DEVELOP AND IMPLEMENT A PUBLIC OUTREACH AND
PARTICIPATION PROCESS RELATED TO THE PLANNING OF THE
UNIVERSITY PARK AND RESEARCH CENTER PROJECT
Page 12 - CounciURDA Minutes November 23, 2010
ACTION ITEMS (Continued)
21. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE
SECTION 2.52, CAMPAIGN CONTRIBUTIONS
On October 12, 2010, the City Council directed the City Attorney's office to return with
amendments to the campaign contribution ordinance to delete the provisions that
duplicate the Political Reform Act, make updates necessitated by recent case law, and
revise the enforcement section. (City Attorney)
City Attorney Miesfeld introduced the item.
Assistant City Attorney Maland gave an overview of the proposed Chula Vista Municipal
amendments, based on City Council direction.
Mitch Thompson, Chula Vista resident, spoke in support of the proposed amendments.
Deputy Mayor Ramirez spoke in support of removing the language that was duplicative of the
Political Reform Act, and to leave those items under the purview of the Fair Political Practices
Commission for enforcement.
Deputy Mayor Ramirez then offered the following amendments to the proposed ordinance:
Section 2.52.140 -Enforcement
- Subsections C and D and in other areas where the role of City Attorney appears,
substitute the "The City Attorney" with "The Board of Ethics."
- Subsection D -Amend the second sentence to read, "These attorneys shall be
compensated by the City for work performed."
- Subsection F -Amend the second sentence to read, "If within 30 days, no probable cause
is determined to exist..."
- Subsection H -Remove the subsection in its entirety.
- Subsection M - Add a provision that a complaint filed by undisclosed proxy be
considered illegal.
Section 2.52.150 -Penalties
- Subsection B - Add a second tier that a negligent violation be required to be corrected
and that a fine of $250 rather than $500 per violation be required; and the number of
violations be one per complaint.
Councilmember Bensoussan suggested the following amendments to the proposed ordinance:
Section 2.52.020 - Intemretation of this chapter
- Subsection A -typographical corrections to add "...those terms and phrases that are
defined..."
- Subsection C -include the word in after the phrase "City Elective Office..." in the first
sentence.
Page 13 -Council/RDA Minutes November 23, 2010
ACTION ITEMS (Continued)
Section 2.52.030 -Definitions
- Subsection J -Amend the last sentence to read, "Organization does not include political
parties (as defined in California Government Code Section 852051."
Section 2.52.140 -Enforcement
Councilmember Bensoussan agreed with the recommendations of Deputy Mayor
Ramirez to substitute reference to "The City Attorney" with "The Boazd of Ethics" in
subsections C and D; she also agreed to Deputy Mayor Ramirez's recommendations
regazding Subsections F and H.
Regazding subsection M, Councilmember Bensoussan supported the provision as
proposed by the City Attorney.
Section 2.52.150 -Penalties
Subsection B -Bifurcate the section to have one part address a negligent violations, and the
second part address willful violations.
She further suggested that if a person makes a complaint that alleges 20 violations, and it's
deemed that the complaint was frivolous, each alleged violation incur a penalty of $500.00. She
suggested an amendment to the first sentence of subsection B to read "...$500.00 per complaint/
violation filed."
Subsection C -Add at the end of the section, "...or an~person who has broueht a complaint of
violation."
Councilmember Castaneda commented on the need for a specific process for false reporting.
Assistant City Attorney Maland suggested adding language that would require cooperation by
the complainant with the special enforcement authority.
Deputy Mayor Ramirez suggested modifying the language under Section 2.52.140 Subsection M,
to include "If, after reviewing... filed a false complaint under this chapter, or if the comnlaint was
filed by undisclosed proxy the enforcement authority shall forwazd the complaint to the District
Attorney..."
City Attorney Miesfeld responded that staff could look at crafting language regarding a proxy
and come back to the Council. Deputy Mayor Ramirez concurred to bring this particular matter
back to the Council.
Councilmember McCann suggested the formation of an independent committee to look at the
existing ordinance. He also expressed concern about the proposed reduction of fines for
violations.
Assistant City Attorney Maland provided clarifying comments and confirmation of the proposed
revisions by Councilmembers. City Attorney Miesfeld stated that removing the City Attorney
entirely from the process, would be in violation of the City Charter.
Page 14 - CounciURDA Minutes November 23, 2010
ACTION ITEMS (Continued)
City Attorney Maland continued with her clazifying comments on the recommended revisions to
the proposed ordinance.
Mayor Cox stated her concerns that the proposed ordinance did not follow an accepted process;
no funding was set aside for follow-up on an investigation; problems arise when the Council
engages in a process that directly affects them and does not engage the public; concerns with the
proposed reduction of fines for violations from $5,000 to $500; the proposed ordinance would
make it more difficult for the public to complain about the elected officials who serve them. She
stated that she could not support the item. She commented further, that the Council had received
correspondence from Attorney Elect Glen Googins, with a request for Council consideration to
delay discussion on this matter until he assumes his position as City Attomey, so he may
participate in the discussions.
Councilmember McCann spoke in support of an independent commission to address the
ordinance; he further stated that he could not support reduced fines from $5,000 to $500, no
public input on the matter, and that the current, seated Councilmembers would be affected by the
ordinance.
City Attomey Miesfeld suggested directing the City Attorney's Office to take a look at the
significant suggested changes to the ordinance, and to bring the ordinance back for first reading
under the new City Attorney.
Discussion ensued regarding the proposed changes
Mayor Cox recessed the meeting at 8:44 p.m. The meeting reconvened at 8:50 p.m., with all
members present.
ACTION: Deputy Mayor Ramirez moved to adopt the proposed the amendments to the
following sections of the proposed ordinance: 2.52.020 -Interpretation of this
chapter, subsection C, to add back in, the strike out word in after the word
"office" in the first sentence; 2.52.030 -Definitions, subsection 7, add at the end
of the last sentence, defined in California Government Code Section 85205; and
eliminate Section 2.52.080 -Surplus campaign funds. Councilmember Castaneda
seconded the motion and it carved 3-2, with Mayor Cox and Councilmember
McCann voting no.
ACTION: Deputy Mayor Ramirez moved to amend the following sections of the proposed
ordinance: Section 2.52.140 -Enforcement, subsection D. Add the phrase, for
work performed at the end of the second sentence; subsection F, add the
phrase within 30 days after the word "If' in the second sentence; subsection H,
replace "pursued by" with forwarded to, and add in the words for handling after
the words "District Attorney"; subsection C and D, replace "City Attomey" with
Board of Ethics. Councilmember Castaneda seconded the motion, and it carried
3-2, with Mayor Cox and Councilmember McCann opposed.
ACTION ITEMS (Continued)
Page 15 -Council/RDA Minutes November 23, 2010
ACTION: Deputy Mayor Ramirez moved to amend the following sections of the proposed
Ordinance: Section 2.52.150 -Penalties: Subsection B. Create subsection B1 to
ACTION: Deputy Mayor Ramirez moved to amend Section 2.52.150 -Penalties, subsection
C of the proposed ordinance to add the following phrase after the word "Act" at
the end of the last sentence, "or anyone who has brought a complaint of a
violation of this chapter." Councilmember Castaneda seconded the motion, and it
carried 3-2, with Mayor Cox and Councilmember McCann opposed.
ACTION: Deputy Mayor Ramirez moved to refer to the City Attorney's Office,
consideration of adding the following phrase to Section 2.52.140 -Enforcement,
subsection M, ...under this chapter, "or if the complaint was filed by undisclosed
rp oxy, the enforcement... Councilmember Castaneda seconded the motion. The
motion failed 2-3, with Mayor Cox, Councilmember McCann and
Councilmember Bensoussan opposed.
OTHER BUSINESS
22. CITY MANAGER/EXECUTIVEbIRECTOR'S REPORTS
There were none.
23. MAYOR/CHAIR'S REPORTS
Mayor Cox reported that commuters who utilized the SR-125 on November 19th, contributed to
four causes benefiting various local individuals, organizations, and military families. Wal-Mart
recently distributed 1000 turkeys to local families. The next Chula Vista Centennial Meeting
was scheduled for December 6, 2010. She reported that the Coastal Commission recently
approved a portion of the H Street extension. She refen•ed to her comment from a previous
Council meeting regazding the I-805 lighting program, and clarified it was separate from the cost
of putting up the lights at the Civic Center, taking them down and storing them, which was paid
for from a grant from the California Public Utilities Commission and SDG&E, and the cost for
the lighting display was $75, paid for by Best Buy. She asked the public to consider those safety
employees who would be working over the Thanksgiving holidays and wished everyone a happy
Thanksgiving.
Page 16 - CounciURDA Minutes November 23, 2010
3-2, with Mayor Cox and Councilmember McCann opposed.
OTHER BUSINESS (Continued)
24. COUNCIL/AGENCY MEMBERS' COMMENTS
A. Councilmember Castaneda: Consideration of placing on the next City Council
agenda a "Resolution of the City Council of the City of Chula Vista to become a member
of the `Let's Move! Cities & Towns Initiative', in conjunction with the Office of the First
Lady of the United States of America"
Councilmember Castaneda provided the Council with information about efforts by staff to look
at becoming a "Let's Move" City and an opportunity to receive grant funding through the
campaign, to address childhood obesity.
B. Councilmember McCann: Presentation by Councilmember McCann regarding
his recent military service.
Councilmember McCann gave a presentation about his recent active military duty in Iraq.
Deputy Mayor Ramirez spoke about his recent participation in the Veterans Memorial Service,
and he thanked the military for its service. He also attended the Veteran's Home Marine
Birthday event, celebrating the youngest and oldest marine at the event.
ADJOURNMENT
At 9:41p.m., Mayor Cox adjourned the meeting to the next regular meeting on December 7,
2010, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Sr. Deputy City Clerk
Page 17 -Council/RDA Minutes November 23, 2010