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HomeMy WebLinkAbout2011/04/19 Item 01 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 14,2010 3:00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3 :02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan (arrived at 3:05 p.m.), Ramirez, and Mayor Cox ABSENT: Councilmember Castaneda At 3:03 p.m., the City Council convened in Closed Session. CLOSED SESSION Pursuant to Resolution No. ]3706 and Council Policy No.' 346-03, Official Minutes of Closed Sessions are maintained by the City Attorney. 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Glen Googins, Scott Tulloch, Kelley Bacon, Maria Kachadoorian, Richard Kreisler and Simon Silva Employee organizations: CVEA, Mid-Managers/Professionals, IAFF, CVPOA and WCE At 4:00 p.m., Mayor Cox recessed the meeting to convene the Regular City Council Meeting. Mayor Cox reported in open session that regarding labor negotiations, the Council voted 3-1 to approve an agreement with the Chula Vista Employees Association (CVEA) members to contribute eight percent of their salaries toward their pensions. The Special Meeting reconvened in Closed Session at 10:10 p.m., with all members present, except Councilmember Castaneda, who was absent from the meeting. 2. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 One case. Iff,,1 ADJOURNMENT At 11 :22 p.m., Mayor Cox adjourned the meeting to the next regular meeting on January 11, 2011 at 4:00 p.m., in the Council Chambers. J~ fJ:~ Donna Norris, CMC, City Clerk Page 2 - Council Minutes December 14.2010 /11- .2. DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA December 14, 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 4:03 p.m. in the City Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council/Agency Members Aguilar, Bensoussan, Ramirez and Mayor Cox ABSENT: Council/Agency Member Castaneda ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, Senior Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Adam Sparks, President of the Third Avenue Village Association led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY RECOGNITION TO MR. RUDY ERM OF SOUTH BAY VOLKSWAGEN FOR HIS DONATION OF A VOLKSWAGEN ROUTAN TO THE CHULA VISTA PUBLIC LIBRARY AND CHULA VISTA PUBLIC LIBRARY FOUNDATION Library Director Waznis introduced and thanked Mr. Errn for the donation of a "Book Bug" and Library Van. Mayor Cox recognized Mr. Errn for his donation, and Deputy Mayor Ramirez presented him with a certificate of recognition. PRESENTATION OF A PROCLAMATION TO MARTIE SOLOMON, CITY OF CHULA VISTA'S RECYCLING SPECIALIST II, PUBLIC WORKS DEPARTMENT ENVIRONMENTAL SERVICES DIVISION, PROCLAIMING THURSDAY, DECEMBER 16, 2010 AS DAY WITHOUT A BAG Mayor Cox read the proclamation, and Councilmember Bensoussan presented it to Martie Solomon. PRESENTATION BY CARLA BLACKMAR, REDEVELOPMENT COORDINATOR, RECOGNIZING PROMOTERS FROM THE CAMBIOS PROJECT FOR THEIR SERVICE TO THE CHULA VISTA COMMUNITY PROJECT CON FE Project Coordinator Blackmar introduced volunteers for the project, and presented them each with a certiticate of recognition. Page 1 - CouncillRDA Minutes December 14, 2010 /A-I DRAFT SPECIAL ORDERS OF THE DAY (Continued) Greg Mattson, Executive Director and Adam Sparks, President of Third Avenue Village Association spoke about the recent Starlight Parade, and presented awards to Pacific Trust Bank for Best Float, Morse High School for Best Marching Band, and South Bay YMCA for Best Walking Group. Mayor Cox reported that in the preceding Closed Session meeting regarding labor negotiations, the Council voted 3-1 to approve an agreement with the Chula Vista Employees Association (CVEA) to contribute eight percent of their salaries toward their pensions, as well as a two-tier retirement system. CONSENT CALENDAR Items 1 and 6 were removed from the Consent Calendar for separate consideration. 1. Removed from Consent Calendar. 2. RESOLUTION NO. 2010-288, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO TAX DEFER CALPERS MEMBER PAID CONTRIBUTIONS UNDER IRC 414(H)(2) EMPLOYER PICK-UP The Internal Revenue Code Section 414(h)(2), Employer Pick-Up, authorizes employers to report CalPERS member-paid contributions on a pre-tax basis. To implement the 414(h)(2) provision, Council must adopt the resolution for all Miscellaneous and all Safety Police and Fire members. Once adopted, contributions of all employees in the affected group or class will be reported to CalPERS on a tax -deferred basis. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 3. REPORT REGARDING A TWO-YEAR WORK PROGRAM FOR THE "E" STREET TRANSIT ORIENTED DEVELOPMENT SITE The Urban Land Institute's 2010 report on the E Street Transit Area included recommendations for moving forward with development of the City-owned site at F and Woodlawn. On October 14, 2010, the Chula Vista Redevelopment Corporation (CVRC) approved a two-year workp1an for the site and surrounding area. In order to effectively market the site, it is critical that the Redevelopment Agency work together with the Metropolitan Transit System (MTS), San Diego Association of Govemment (SANDAG) and California Department of Transportation (CalTrans). Determining whether the trolley tracks will be grade separated, whether they will be located above-or below-grade, where the station and bus depot will be located, and where and how much parking is needed is critical to the site design of the surrounding area. (Assistant City Manager/Development Services Director) Staff recommendation: Council accept the report. Page 2 - Council/RDA Minutes December 14, 2010 J~--'..... DRAFT CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 20]0-289, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT DISTRICT FOR NAPLES STREET BETWEEN THIRD A VENUE AND ALPINE AVENUE FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW Residentia] properties along Naples Street between Third Avenue and A]pine Avenue are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 13 of the ] 8 property owners of this neighborhood requesting that a special assessment district proceeding be commenced for the purpose of tinancing the construction of these improvements. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 20]0-290, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF $]65,780 FOR STATE SAFE ROUTES TO SCHOOL FUNDING CYCLE 9 FOR PEDESTRIAN TRAFFIC CALMING FACILITIES NEAR MONTGOMERY ELEMENTARY SCHOOL AT FOURTH A VENUE AND MONTGOMERY STREET California enacted a Safe Routes to School (SR2S) program in ] 999 with the passage of AB ]475. The goals of the program are to reduce injuries and fatalities to schoolchildren and to encourage increased walking and bicycling among students. On June 22, 20]0 the City Council authorized staff to submit applications for three projects. The State recently notified staff that the City has been awarded a grant of $165,780 for improvements near Montgomery E]ementary School to enhance pedestrian safety. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. This item was removed from the Consent Calendar. 7. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2010 State Government Code Section 66000 requires local agencies assessing Development Impact Fees (DIF) and sewer capacity charges to make available specified tinancial data to the public each tiscal year. These reports satisfY that requirement and have been available in the City Clerk's office for public review since December 3, 2010. Local agencies are also required to make findings every five years for any DIF funds remaining unexpended that identifY the purpose of the fee and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. This year, the City has not identified unexpended fees that were on deposit for five or more yeats. (Assistant City Manager/Development ServiCes Director, Director of Finance, Director of Public Works) Staff recommendation: Council accept the report. Page 3 - CouncillRDA Minutes December 14, 2010 /..6 ....,3 DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2010-292, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH 212 DEGREES CONSULTING GROUP AND ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE AGREEMENT FOR NO-COST INSTALLATION OF SOLAR PHOTOVOLTAIC SYSTEMS AT MUNICIPAL FACILITIES As outlined in the Municipal Building Energy Efficiency Policy, the City is working towards providing 20% or more of its energy demand through on-site renewable energy generation. The City has been approached by 212 Degrees Consulting Group on opportunities to host solar photovoltaic systems on municipal sites for research and . development purposes. The systems would be installed at no-cost to the City and the generated electricity would be used by the City at no-cost. 212 Degrees Consulting Group would also be responsible for all liability insurance coverage, warranties, and maintenance for the installed systems. If approved, the City Manager, in coordination with the Attorney's Office, would negotiate and execute agreements based on the above- mentioned terms. (Director of Economic Development) (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations, and offered Consent Calendar Items 2, 3,4, 5, 7, and 8, headings read, text waived. Counci1member Bensoussan seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. APPROVAL OF MINUTES of July 13, 2010. ACTION: Mayor Cox moved to approve the minutes. Deputy Mayor Ramirez seconded the motion, and it carried 3-0-1, with Councilmember Aguilar abstaining. 6. RESOLUTION NO. 2010-291 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE METROPOLITAN TRANSIT SYSTEM, SAN DIEGO AND ARIZONA EASTERN RAILWAY, SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA FOR CONSTRUCTION AND MAINTENANCE OF THE BA YSHORE BIKEWAY The San Diego Association of Governments (SANDAG) has been working with City staff to build the next segments of the Bayshore Bikeway through the City ofChu1a Vista from H Street to Stella Street. Since the bike path alignment utilizes the railroad corridor south of J Street and west of Bay Boulevard, and SANDAG is the lead for the construction phase, the City must enter into a construction and maintenance agreement with SANDAG, the Metropolitan Transit System and San Diego Arizona & Eastern Railway. (Director of Public Works) ACTION: Mayor Cox moved to adopt the resolution. Councilmember Bensoussan seconded the motion, and it carried 3-0-1, with Deputy Mayor Ramirez abstaining due to a potential property-related conflict of interest. Page 4 ~ Council/RDA Minutes r 16 ~ 'f-- December 14,2010 DRAFT PUBLIC COMMENTS Jackie Lancaster, Chula Vista resident, spoke in favor of maintaining services at the Norman Park Senior Center. Mary Anne Wurfell, Chula Vista resident, spoke in favor of maintaining services at the Norman Park Senior Center. Kay Bodge, National City resident, spoke in favor of maintaining services at the Norman Park Senior Center. She also suggested that the City proclaim February as "Save Norman Park Senior Center" month. City Manager Sandoval stated that Norman Park Center would remain open from eight o'clock until noon, Monday through Friday for the next couple of months. He further stated that it was necessary to find a long-term, sustainable solution. Stewart Payne, Chula Vista resident, suggested an amendment to the City's sign ordinance to amend the permit fee for local businesses by charging an annual fee that would be due at the time the business license renewal fees are due, instead of a per sign fee. He also suggested establishing different fee categories, based upon the type of business and whether they are registered in the City. PUBLIC HEARINGS 9. CONSIDERATION OF APPLICATIONS FILED BY INTEGRAL PARTNERS XXVI, LLC FOR EASTLAKE PROPERTY OWNERS, LLC TO DEVELOP AN 18.4 ACRE SITE WITH A 389-UNIT CONDOMINIUM PROJECT (Assistant City Manager/Development Services Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was hcld on the date and at the time specified in the notice. Associate Planner Steichen presented an overview of the proposed development for Olympic Parkway at Wueste Road. Scan Dyer, representing Integral Partners, spoke about the project and explained the differences between this proposal and what had been previously presented for this site. Kirk McKinley, Project Architect, representing Integral Partners, provided an overview of the architecture proposed for the project. John Patterson, Landscape Architect, representing Integral Partners, provided an overview of the landscape design of the project. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Lance Wade, representing Integral Partners, addressed the proposed parking areas. Page 5 - Council/RDA Minutes December 14, 2010 /6 ~5' DRAFT PUBLIC HEARINGS (Continued) Mayor Cox encouraged the developer to pursue LEED (Leadership in Energy and Environmental Design) certification. Councilmember Bensoussan encouraged the developer to incorporate energy saving devices for the project. Discussion ensued regarding the project and the approval process that had taken place. ACTION: Councilmember Bensoussan moved to approve the following resolutions and place the ordinance on first reading. Mayor Cox seconded the motion. Councilmember Aguilar spoke in opposition to the design of the project, and stated that it was not commensurate for this site. She further stated that her preference was that the Design Review Board conduct a public hearing and provide its recommendation. City Attorney Googins advised the Council that requiring approval above what was required in the Municipal Code could be problematic. Deputy City Attorney Miller confirmed that recommendation by the Design Review Board was not required by the Municipal Code. ACTION: Deputy Mayor Ramirez moved to table this item until January 11, 2011 with a request that the applicant go through a formal design review process and work with staff to address design issues that had been raised. Councilmember Aguilar seconded the motion. Councilmember Bensoussan spoke in opposition of requiring the developer to follow a process that was outside of the Council-adopted policy. Discussion ensued regarding the possibility of approving the project conditioned by approval by the Design Review Board. At 6:48 p.m., Mayor Cox recessed the meeting. At 7:08 p.m., the meeting reconvened, with all members present except Councilmember Castaneda, who was absent from the meeting. ACTION: ACTION: ACTION: Mayor Cox moved to call a Special Meeting for December 21, 2010, and to continue the public hearing to that date to allow the applicant to work with staff and staff to work with the Design Review Board Members. Councilmember Bensoussan seconded the motion, and it failed 2-2, with Councilmember Aguilar and Deputy Mayor Ramirez opposed. Deputy Mayor Ramirez moved to continue the public hearing to January 11, 2011, with direction to staff to work with the applicant on a design review process that would address design review concerns, including the Council's request that the applicant submit the project to the Design Review Board for recommendation, but not requiring them to do so. Councilmember Aguilar seconded the motion. Councilmember Bensoussan moved to approve items 9A and 9B, and table 9C. Page 6 - Council/RDA Minutes December 14, 2010 //5-(., DRAFT PUBLIC HEARINGS (Continued) City Attorney Googins advised the Council that approval of Items 9A and 9B 'alone would compromise the ordinance regarding project approval process. ACTION: A. The motion by Councilmember Bensoussan died for lack of a second. The motion by Councilmember Ramirez, to continue the public hearing to January 11, 2011, with direction to staff to work with the applicant on a design review process that would address design review concerns, carried 4-0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO FEIR-05-02; APPROVING AMENDMENTS TO THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, PUBLIC FACILITIES FINANCE PLAN (PFFP) AND ASSOCIATED REGULATORY DOCUMENTS FOR 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD (FIRST READING) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT FOR A PROPOSED 389 UNIT CONDOMINIUM PROJECT FOR 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD Mayor Cox suggested that staff bring back the design review process for possible amendment in order to provide clear direction for potential developers. . Assistant City Manager Halbert suggested, and the Council consented, rather than proposing amendments to the consolidated approval process, that for future projects, staff provide the Council with notes from meetings of the boards and commissions that conducted preliminary project reviews. 10. . CONSIDERATION OF ISSUING A CEASE AND DESIST ORDER TO OTAY VALLEY ROCK, LLC This matter was resolved prior to the meeting, and the public hearing was not held. I 1. CONSIDERATION OF FORFEITURE OF THE LETTER OF CREDIT ESTABLISHED FOR MINE RECLAMATION ACTIVITIES PURSUANT TO THE REQUIREMENTS OF STATE MINING LAW (SMARA) This matter was resolved prior to the meeting, and the public hearing was not held. December 14,2010 Page 7 - CounciI/RDA Minutes //t5-7 DRAFT PUBLIC HEARINGS (Continued) 12. CONSIDERATION OF AMENDING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND ROHR, INC. (Assistant City ManagerIDevelopment 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. Jeff Robinson, representing Goodrich Aerostructures, provided a summary of the proposed amendments. Mayor Cox opened the public hearing. There being no members of the public wishing to speak, she closed the public hearing. ACTION: Deputy Mayor Ramirez moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND ROHR, INC., OPERATING AS GOODRICH AEROSTRUCTURES, RELATED TO PROPERTY BOUNDED BY BAY BOULEVARD TO THE EAST, THE REALIGNED MARINA P ARKW A Y TO THE WEST, F STREET / LAGOON DRIVE TO THE NORTH, AND THE PROPOSED EXTENSION OF H STREET TO THE SOUTH (FIRST READING) Councilmember Bensoussan seconded the motion, and it carried 4-0. ACTION ITEMS 13. CONSIDERATION OF AMENDING VARIOUS SECTIONS OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMP ACT FEES (Assistant City Manager/Development Services Director) Mayor Cox announced that Deputy Mayor Ramirez would abstain from participation on this item due to potential property related conflict of interest. At 7:25 p.m., Deputy Mayor Ramirez left the dais. Assistant City Manager Halbert provided an overview of the proposed amendments. Earl Jentz, Chula Vista resident, spoke in opposition to waiving development impact fees for commercial development, and suggested that the proposal be applied to residential projects, not commercial projects. Page 8 - Council/RDA Minutes /dJ~P December 14, 2010 DRAFT ACTION ITEMS (Continued) Chris Lewis, Chula Vista resident, Member of the Chula Vista Redevelopment Corporation, spoke in support of the proposed amendments. ACTION: Councilmember Bensoussan moved to approve the resolution and place the ordinance on first reading. Mayor Cox seconded the motion, and it failed 2-1-1, with Councilmember Aguilar opposed and Deputy Mayor Ramirez abstaining. ACTION: Councilmember Aguilar moved to approve the resolution and place the ordinance on first reading with an amendment to apply the suspension of impact fees to residential and not commercial. City Attorney Googins advised the Council that to make a substantial amendment to the posted ordinance would require re-noticing, and should not be acted on. The motion by Councilmember Aguilar died for lack of a second. A. RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE MEMORANDUM OF UNDERSTANDING REGARDING PAYMENT FOR INFRASTRUCTURE OR CONSTRUCTION THEREOF B. ORDINANCE OF THE CITY OF CHULA VISTA SUSPENDING THE COLLECTION OF FEES CHARGED PURSUANT TO CHAPTERS 3.50 (DEVELOPMENT IMPACT FEES TO PAY FOR V ARlOUS PUBLIC FACILITIES), 3.55 (WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE), AND 17.10 (PARKLANDS AND PUBLIC FACILITIES) OF THE CHULA VISTA MUNICIPAL CODE FOR DEVELOPMENT IN THE REDEVELOPMENT PROJECT AREAS, EXCLUDING THE BAYFRONT PROJECT AREA, FOR A PERIOD OF FIVE (5) YEARS (FIRST READING) There was Council consensus to direct staff to bring this item back to give the Council options to suspend fees for residential, commercial and/or mixed use projects. At 7:47 p.m., Deputy Mayor Ramirez returned to the dais. . 14. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 2.52, CAMPAIGN CONTRIBUTIONS (City Attorncy) City Attorney Googins introduced the proposed amendments, noting that Ordinance A included amendments recommended by the City Attorney, as well as the majority of the amendments requcsted by the Council at its Novembcr 23, 2010 meeting; and that Ordinance B included everything from Ordinance A with the addition of two amendments requested by the Council that were not recommended by the City Attorney's office. He further noted thc Council's recommendation to employ the City's Board of Ethics to select attorneys to serve as the enforcement authority was not included in either ordinance since that action would contradict the City's Charter and Municipal Code. Page 9 - CouncillRDA Minutes December 14.2010 //.J-'1 DRAFT ACTION ITEMS (Continued) Assistant City Attorney Maland reviewed each of the proposed amendments. Ned Ardagna, Chula Vista resident, spoke in opposition both of the proposed ordinances, and stated that the City Attorney should not be writing legislation. John Moot, Chula Vista resident, spoke in opposition to an ordinance that penalizes the public for filing campaign complaints, and unreasonably reduces penalties for candidates. He suggested that members of the public be asked to provide input on the ordinance. He further suggested partnering with the City of San Diego, and using the City of San Diego's Ethics Commission as the enforcement authority. ACTION: Deputy Mayor Ramirez moved to extend the suspension of enforcement and table this item until January II, 2011, with direction to the City Attorney to bring back an ordinance including all of the City Council recommendations from the November 23, 2010 meeting. Councilmember Aguilar seconded the motion. Assistant City Attorney Maland advised the Council that extension of the enforcement suspension would require first and second readings of an additional ordinance. ACTION: Deputy Mayor Ramirez amended his motion to remove the extension of the . enforcement suspension. Councilmember Aguilar agreed with the amendment. City Attorney Googins advised the Council that they had the ability to adopt Ordinance B with a revision to give the Board of Ethics the duty to select the panel of attorneys, which would then include all of the City Council recommendations. However, since that would violate the City's Charter, it would not be appropriate for the City Attorney to make that recommendation.. Discussion ensued regarding the language of the proposed ordinances. ACTION: Deputy Mayor Ramirez withdrew his motion, and Councilmember Aguilar withdrew her second to the motion. Councilmember Bensoussan suggested that the fine for willful violation be increased to $1,000, and for negligent violation be increased to $500. She also agreed with the City Attorney's recommendation in section 2.52.140(M) to refer frivolous complaints to the District Attorney for prosecution for peIjury. Assistant City Attorney Maland reviewed the Council's recommended amendments to the proposed ordinance as follows: Bring back Ordinance B revising it to increase the penalty amount in section 2.52.140(B)(l) to $500, and in section 2.52.140(B)(2) to $1,000; replace "City Attorney" with "Board of Ethics" in sections 2.52.140(C) and 2.52.140(D); and change language to refer frivolous complaints to the District Attorney for penalty of perjury. Page 10 - Council/RDA Minutes /;3~/o December 14, 2010 DRAFT ACTION ITEMS (Continued) City Attorney Googins advised the Council not take action to change the duties of the City Attorney and Board of Ethics, and suggested instead to refer the matter to thc City Attorney to provide an analysis of what the Board of Ethics could do. ACTION: Deputy Mayor Ramirez moved to place Ordinance B on first reading with the following revisions: Increase the penalty amount in section 2.52.l40(B)(I) to $500, and in section 2.52.140(B)(2) to $1,000; replace "City Attorney" with "Board of Ethics" in sections 2.52.140( C) and 2.52.l40(D); and change language to refer complaints without merit to the District Attorney for penalty of perjury. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.52, THE CITY'S CAMPAIGN CONTRIBUTION ORDINANCE (FIRST READING) Councilmember Aguilar seconded the motion, and it carried 3-1, with Mayor Cox opposed. OTHER BUSINESS 15. There were none. 16. CITY MANAGER'S REPORTS MAYOR'S REPORTS Mayor Cox rcported that regarding the Bayfront, the State Lands Commission unanimously approved the Pacifica land swap with the Port of San Diego. ACTION: ACTION: A. Ratification of appointment of Luz Camacho to the Cultural Arts Commission. Mayor Cox moved approval of the appointment. Deputy Mayor Ramirez seconded the motion, and it carned 4-0. B. Consideration of City Council Regional and Committee assignments. Deputy Mayor Ramirez moved approval of Mayor Cox's appointments as presented. Councilmember Bensoussan seconded the motion, and it carried 3-0-1, with Mayor Cox abstaining. Deputy Mayor Ramirez stated he would serve on the Legislative Subcommittee, and suggested that a Technology Task Force be created, consisting of himself and a member ofthe public. ACTION: Mayor Cox moved approval of Deputy Mayor Ramirez's assignments as presented. Councilmember Bensoussan seconded the motion. and it carried 3-0-1, with Deputy Mayor Ramirez abstaining. Page 11 - Council/RDA Minutes //3 ~// December 14.2010 DRAFT OTHER BUSINESS (Continued) Councilmember Bensoussan suggested that the Western Revitalization Task Force be maintained with two members of the Chula Vista Redevelopment Corporation. Deputy Mayor Ramirez nominated Councilmember Aguilar to participate on the Western Revitalization Task Force. ACTION: Deputy Mayor Ramirez moved approval of Councilmember Bensoussan's assignments as presented. Mayor Cox seconded the motion, and it carried 4-0. Deputy Mayor Ramirez offered to serve as Alternate on the Chula Vista Veteran's Home Foundation. It was the consensus of the Council to remove the Animal Care Facility Subcommittee from the list of assignments. Deputy Mayor Ramirez stated he would continue to work on animal care issues independently. Mayor Cox offered the open seat on SANDAG's Bayshore Bikeway Committee to Councilmember Aguilar, who accepted. Councilmember Bensoussan offered to serve as Alternate on the League of California Cities. ACTION: Mayor Cox moved approval of Councilmember Bensoussan's assignments. Deputy Mayor Ramirez seconded the motion, and it carried 4-0. Deputy Mayor Ramirez nominated Councilmember Aguilar to serve on the Public Safety Subcommittee. In response to Councilmember Aguilar's inquiry, City Attorney Googins stated that he did not believe that having a close relative employed by the Police Department created a conflict of interest for Councilmember Aguilar to serve on the Public Safety Subcommittee. ACTION: Mayor Cox moved approval of Councilmember Aguilar's assignments on the Western Revitalization Task Force, SANDAG'S Bayshore Bikeway Committee, and the Public Safety Subcommittee. Deputy Mayor Ramirez seconded the motion, and it carried 3-0-1, with Councilmember Aguilar abstaining. Deputy Mayor Rindone recommended that Councilmeniber Castaneda be allowed to serve on the Metropolitan Transit System Board. Mayor Cox suggested that Councilmember Castaneda's request to serve on the Metropolitan Transit System Board be considered at the next meeting when Councilmember Castaneda would be present. Page 12 - Council/RDA Minutes December 14, 2010 //3 -/J- DRAFT OTHER BUSINESS (Continued) ACTION: Deputy Mayor Ramirez moved approval of Councilmember Castaneda's assignments as presented, with the exception of the Metropolitan Transit System Board. Mayor Cox seconded the motion, and it carried 4-0. Mayor Cox requested that the appointment of alternate and member of the Metropolitan Transit System Board be placed on the January 11, 2011 City Council Agenda, under Mayor's Comments. Mayor Cox suggested involving the current members of the Commission on Aging with the efforts regarding the Norman Park Senior Center. Mayor Cox wished everyone a safe and happy holiday season, and expressed gratitude to public safety employees, public works employees, the military, and those who have to work on the holidays. 17. COUNCILMEMBERS' COMMENTS Councilmcmber Aguilar suggested that a committee be formed to attract business to Chub Vista. Mayor Cox stated that the concept had previously been discussed, and suggested that Councilmember Aguilar work with the Chamber of Commerce individually. Deputy Mayor wished everyone a Merry Christmas and Happy N ew Year. Councilmember Bensoussan recommendcd that the Council send a letter supporting the continuation ofthe CDBG energy efficiency grant funding. Councilmember Aguilar referenced public speaker, Mr. Payne's comments, and asked City Manager Sandoval to provide explanation of the current sign ordinance, including the possibility of a requirement to place a permit identification number on signs, and to charge fees for illegal signs. ADJOURNMENT Mayor Cox adjourned the meeting at 10:04 p.m. to the next Regular City Council Meeting on January 11,2011, at 4:00 p.m., in the Council Chambers. Je7M~C{. t N6MA~ ponna R. Norris, cMt, City Clerk Page 13 - CouncillRDA Minutes December 14, 2010 //3 -/3