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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO, CENTRAL DIVISION
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Case No.
1
2
Plaintiffs and Petitioners CHRIS SHILLING and SAN DIEGANS FOR OPEN GOVERNMENT
allege as follows:
Parties
4
5
1.
2.
non-profit, social-advocacy organization formed and operating under the laws of the State of California.
SanDOGs members reside in or near the City of Chula Vista, California. SanDOGs members have an
interest in, among other things, ensuring open, accountable, and responsive government and in
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3.
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within the meaning of Government Code Section 54951. Defendants and Respondents JOHN
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MCCANN, PATRICIA AGUILAR, and PAMELA BENSOUSSAN, are and at all times mentioned in
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this pleading were, natural persons who are members of the Chula Vista City Council (City Council)
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and are being sued solely in their capacities as such. Defendant and Respondent MARY CASILLAS
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SALAS (Mary Salas) is and at all times mentioned in this pleading was, a natural person who is the
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Mayor of Chula Vista and is being sued solely in her capacity as such. Pursuant to Chula Vista City
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Charter Article III, Section 300, the City Council is comprised of the Mayor and the Councilmembers.
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The Chula Vista City Council is a legislative body within the meaning of Government Code Section
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54952.
4.
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The true names and capacities of the Defendants and Respondents identified as DOES 1
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through 10 and DOES 11 through 100 are unknown to Plaintiffs/Petitioners, who will seek the Courts
23
permission to amend this pleading in order to allege the true names and capacities as soon as they are
24
ascertained. Plaintiffs/Petitioners are informed and believes and on that basis alleges that each of the
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fictitiously named Respondents and Defendants 1 through 10 has jurisdiction by law over one or more
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aspects of the subject matter of this lawsuit and that each of the fictitiously named Real Parties in
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/././
1
VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE
1
2
Background Information
5.
Current Chula Vista Mayor Mary Salas held office as a member of the Chula Vista City
Council, Seat 4, when she was elected Mayor in November 2014. When Mary Salas was sworn into
office as Mayor on December 9, 2014, her previous City Council seat became vacant.
6.
On December 9, 2014, City held a special meeting. Item 4 on the agenda for the meeting
concerned the filling of the vacancy on the Chula Vista City Council, specifically whether the City
would hold a special election or the Council would appoint a person to the vacant seat. A true and
7.
In connection with Item 4 on the agenda for the December 9, 2014 meeting, the Chula
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Vista City Clerk prepared a memorandum which outlined the history of processes used for past City
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Council appointments. A true and correct copy of this memorandum is attached hereto as Exhibit B.
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8.
At the December 9, 2014 City Council meeting, the Council approved Resolution No.
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2014-241, which declared the City Councils intention to appoint a person to fill the vacant seat. A true
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and correct unsigned copy of the Resolution No. 2014-241 is attached hereto as Exhibit C.
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9.
At the December 9, 2014 City Council meeting, the City Council also discussed the
16
method by which the appointment would be made. There was consensus of the Council that the process
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would consist of the following: (1) those interested in applying for appointment to the vacant seat would
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be required to complete an application and submit a resume; (2) Councilmembers and the Mayor would
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submit nominations to the City Clerk based on the applications received; and (3) any applicant receiving
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two or more nominations by Councilmembers and the Mayor would be considered a finalist and
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would be invited for an interview before the Council. The Council also directed the City Clerk to make
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the Councilmember applications available until December 15, 2014, and to accept all applications until
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December 29, 2014. The A true and correct copy of the minutes for the December 9, 2014 City Council
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10.
On December 16, 2014, City held another special meeting, at which the City Council (i)
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approved the City Clerks timeline for filling of the City Council vacancy and (ii) set a special meeting
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for January 8, 2015, for the purpose of conducting interviews for the vacancy. A true and correct copy of
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the agenda for the December 16, 2014 meeting is attached hereto as Exhibit E. A true and correct
2
VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE
1
2
copy of the minutes for the December 16, 2014 meeting is attached hereto as Exhibit F.
11.
The Chula Vista City Clerk provided every City Councilmember and the Mayor copies of
the candidate applications. These applications were not made public. On information and belief, it is
alleged that the applications were sent to the City Councilmembers and the Mayor via electronic mail on
12.
On or about January 5, 2015, the Councilmembers and the Mayor sent the City Clerk
their respective vote for which candidates would proceed to an interview. On information and belief,
it is alleged that these votes were sent to the City Clerk via electronic mail. At the time, and until
approximately January 28, 2015, these votes were not made available to the public.
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13.
Request for the Councilmember votes submitted to the City Clerk on or about January 5, 2015.
14.
On January 8, 2015, at the previously set special meeting, the City Council conducted
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interviews of eight candidates for City Council. The City Council could not reach consensus on a
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replacement to fill the vacancy and the matter was continued until the regularly scheduled meeting of
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January 13, 2015. The City Council made an appointment to fill the City Council vacancy at the
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15.
On or about January 16, 2015, the City Clerk denied SHILLINGs Public Records Act
Request.
16.
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Brown Act (Brown Act) and that Respondents withholding of the City Councils January 5, 2015
21
votes constituted a Public Records Act violation, Petitioners caused a Notice of Intent to File Suit and
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Demand for Cure (Cure Request) to be sent to Respondents on or about January 21, 2015. A true and
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17.
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time to consider the Cure Request on or about January 23, 2015. A true and correct copy of the
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18.
On January 28, 2015, Respondents served Petitioners with a response to the Cure
Request. Though it admitted no wrongdoing in denying SHILLINGs Public Records Act Request, City
3
VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE
1
2
3
4
Jurisdiction
20.
Petitioners bring this action and seek review by and relief from this Court under, among
other provisions of law and as applicable, Code of Civil Procedure Sections 526a, 1060 et seq., and
1084 et seq.; Government Code Section 54960.1; and the Chula Vista City Charter and Chula Vista
Municipal Code.
21.
9
10
Venue in this Court is proper because the obligations, liabilities, and violations of law
Petitioners have no plain, speedy, adequate remedy in the ordinary course of law, since
11
its members will suffer irreparable harm as a result of the violations of the law alleged in this pleading.
12
The City Council appointment rests on Respondents failure to satisfy a clear, present, ministerial duty
13
to act in accordance with those laws. Even when Respondents are permitted or required by law to
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exercise their discretion in approving matters under those laws, they remain under a clear, present,
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ministerial duty to exercise their discretion within the limits of and in a manner consistent with those
16
laws. Respondents had the capacity and ability to fill the City Council vacancy within the limits of and
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in a manner consistent with those laws, but Respondents have failed and refuse to do so and have
18
exercised their discretion beyond the limits of and in a manner that is not consistent with those laws.
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23.
Petitioners and SanDOGs members have a beneficial right and interest in Respondents
fulfillment of all their legal and public duties, as alleged in this pleading.
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24.
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25.
In enacting the Ralph M. Brown Act, Government Code Section 54950 et seq., the
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California Legislature found and declared that the public commissions, boards and councils and the
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other public agencies in this State exist to aid in the conduct of the peoples business. It is the intent of
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the law that their actions be taken openly and that their deliberations be conducted openly.
4
VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE
1
2
3
26.
Under the Brown Act, the City of Chula Vista is a local agency and the City Council is
a legislative body.
27.
Under the Brown Act, except as permitted by Government Code Section 54953, any use
majority of the members of the legislative body to develop a collective concurrence as to action to be
28.
Pursuant to Section 2.04.020 of the Chula Vista Municipal Code, the City Council holds
regular meetings in Council chambers on the first, second, third, and fourth Tuesday of each month.
Pursuant to Chula Vista Municipal Code Section 2.04.060, all regular and special meetings of the City
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Council, all regular and special conferences of the City Council and the meetings of all commissions and
11
boards established by the City Council shall be open to the public. Each regular and special meeting of
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29.
The Brown Act prohibits Defendants and Respondents from participating in one-on-one
14
private meetings with the City Clerk for the purpose of developing a collective concurrence or of
15
sharing information that could be used to develop a collective concurrence. Such meetings constitute
16
serial meetings.
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30.
On or about January 5, 2015, each Councilmember and the Mayor sent the City Clerk
18
their vote for which candidates would proceed to an interview. On information and belief, these votes
19
were sent to the City Clerk via electronic mail. At the time, and until approximately January 28, 2015,
20
these votes were not made available to the public and the votes did not occur at a public meeting. Such
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votes constitute secret ballots pursuant to Government Code Section 54953(c)(1), among other
22
provisions of law.
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31.
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25
The Mayors and the Councilmembers votes for finalists, sent to the City Clerk on
By receiving the votes from each individual Councilmember and the Mayor, tallying the
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results and selecting the finalists for Council interviews, the City Clerk acted as an intermediary for
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the Mayor and the Councilmembers to take action on filling the City Council vacancy, in violation of
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33.
Defendants and Respondents had and continue to have a mandatory legal duty to refrain
from taking part in private, one-on-one serial meetings with the City Clerk and from conducting secret
ballots. The Mayors and the Councilmembers participation in serial meetings with the City Clerk
denies Petitioners and other members of the public the information to which they are entitled under the
34.
The Brown Act does not authorize an award of damages to redress Defendants and
Respondents past and threatened violations of the Brown Act. Accordingly, Petitioners have no plain,
adequate, speedy remedy at law to compensate them for Respondents unlawful conduct.
35.
The purpose of this action is to prevent actual and threatened violations of the Brown Act
10
by Respondents, to determine the Acts applicability to past, present, and future actions of each
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Respondent, and to have any actions taken in violation of the law determined to be invalid and void.
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36.
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37.
An actual controversy exists between Plaintiffs and Petitioners, on the one hand, and
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Defendants and Respondents, on the other hand, concerning their respective rights and duties under the
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Brown Act and other applicable provisions of law. As alleged in this pleading, Plaintiffs and Petitioners
19
contend that private, one-on-one votes conducted through the City Clerk as an intermediary constitute
20
serial meetings and are therefore illegal. Plaintiffs and Petitioners further contend that such secret
21
one-on-one votes conducted through the City Clerk constitute secret ballots and are therefore illegal.
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38.
Defendants and Respondents dispute Petitioners contentions and maintain that the
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vacancy selection process is consistent with and not prohibited by the Brown Act or any other provision
24
of law.
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39.
Plaintiffs and Petitioners are informed, believe, and thereon allege Respondents have
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historically and routinely used the unlawful serial-meeting and secret-ballot process to fill vacancies,
27
and that they intend to do so in the future if the opportunity to make an appointment arises.
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40.
Plaintiffs and Petitioners desire a judicial determination and declaration of the legality of
6
VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE
the private, one-on-one voting through the City Clerk to ensure that Defendants and Respondents
comply with the Brown Act and all other applicable laws so that members of the public have the same
information that forms the basis of decisions made by Defendants and Respondents as members of the
City Council and the conduct of the peoples business be conducted openly.
Prayer
WHEREFORE, Plaintiffs and Petitioners respectfully pray for the following relief:
1.
Judgment determining or declaring that Defendants/Respondents failed to comply fully with the
Ralph M. Brown Act as it relates to the filling of the City Council vacancy resulting from the
November 2014 election of Mayor Mary Salas and that any and all discussions and/or actions
10
taken by Defendants/Respondents with regard to the filling of the vacancy violated the Act, thus
11
rendering all such discussions and actions, including the appointment of the new
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13
2.
A judgment determining or declaring that Defendants/Respondents must comply fully with the
14
Ralph M. Brown Act before any discussion may occur or action may be taken on the filling of
15
the vacancy;
16
3.
Issuance of a writ of mandate requiring Defendants/Respondents to rescind any and all action
17
taken by the City Council in filling the vacancy unless and until Defendants/Respondents have
18
fully complied with the Ralph M. Brown Act and all other applicable laws, as determined by this
19
Court;
20
4.
Injunctive relief prohibiting (1) Defendants/Respondents from further discussing or taking any
21
further action (including but not limited to the expenditure of any public funds) in connection
22
with any aspect of the filling of the vacancy, unless and until Defendants/Respondents have fully
23
complied with the Ralph M. Brown Act and all other applicable laws; and (2) the newly
24
appointed Councilmember, Seat 4, from taking any further action as a Councilmember unless
25
and until Defendants/Respondents have fully complied with the Ralph M. Brown Act and all
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5.
An order providing for the Courts continuing jurisdiction over this action in order to ensure that
Defendants/Respondents comply with the Brown Act and all other applicable laws;
7
VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE
6.
All attorney fees and other legal expenses incurred in the prosecution of this action; and
7.
DATED:
___________________________
Marco A. Gonzalez
Attorneys for Plaintiffs and Petitioners,
CHRIS SHILLING and SAN DIEGANS
FOR OPEN GOVERNMENT
5
6
9
10
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12
___________________________
Cory J. Briggs
Attorneys for Plaintiffs and Petitioners,
CHRIS SHILLING and SAN DIEGANS
FOR OPEN GOVERNMENT
t'll 0 1 4%w
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8
VERIFIED COMPLAINT AND PETITION FOR WRIT OF MANDATE
EXHIBIT
EXHIBIT A
A
4aI,
mpowno
Agenda
CITY OF
CHULA VISTA
MEETING OF THE CITY COUNCIL
1
11W
,/e/t6
7'
Cheryl Cox, Mayor
Patricia Aguilar, Councilmember
Pamela Bensoussan, Councilmember
Rudy Ramirez, Councilmember
Mary Salas, Councilmember
6:00 PM
Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
CALL TO ORDER
ROLL CALL:
Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox
Page 1
Printed on 12/4/2014
City Council
Agenda
December 9, 2014
1.
14-0626
Department:
Staff Recommendation:
2.
14-0675
BY
OUTGOING
COUNCILMEMBER
RUDY
3.
14-0676
COUNCILMEMBER
OFFICE
TO
BE
Page 2
Printed on 12/4/2014
City Council
Agenda
December 9, 2014
INTRODUCTION
OF
NEWLY
ELECTED
MAYOR
MARY
CASILLAS SALAS, OATH OF OFFICE TO BE ADMINISTERED
BY PAULA SILVA CASILLAS
COMMENTS BY MAYOR MARY CASILLAS SALAS
RECESS
CALL TO ORDER
ROLL CALL:
Councilmembers Aguilar, Bensoussan, McCann and Mayor Salas
ACTION ITEMS
If you wish to speak on the item below, please fill out a "Request to Speak" form (available
in the lobby) and submit it to the City Clerk prior to the meeting.
4.
14-0699
Page 3
Printed on 12/4/2014
City Council
Agenda
December 9, 2014
AND
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA
VISTA
ADOPTING
REGULATIONS
FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
MATERIALS SUBMITTED TO THE ELECTORATE AT A
SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY,
JUNE 2, 2015
Department:
Staff Recommendation:
City Clerk
Council adopt Resolution A or Resolutions B and C, and, if Resolution A
is adopted, discuss and provide direction to staff regarding appointment
process.
Page 4
Printed on 12/4/2014
EXHIBIT
EXHIBIT B
B
MEMO
MEMO
Office
Office of
ofthe
theCity
CityClerk
Clerk
DATE:
DATE:
December
December9,9,2014
2014
TO:
TO:
Honorable
HonorableMayor
Mayorand
andCouncilmembers
Councilmembers
Tillomp
CITY
CITY OF
OF
CHULAVISTA
CHULA
VISTA
FROM:
Norris,
City
Clerk
FROM: Donna
Donna
Norris,
City
Clerk
SUBJECT:
Processes
SUBJECT:Appointment
Appointment
Processes
In the event
to to
make
anan
appointment
to fill
the the
CityCity
Council
Seat Seat
4 vacancy,
I haveI have
event the
the Council
Councilchooses
chooses
make
appointment
to fill
Council
4 vacancy,
attached for
documents
that
outline
thethe
history
of processes
usedused
for your
yourinformation
informationand
andconsideration
considerationtwo
two
documents
that
outline
history
of processes
for
for past
past City
CityCouncil
Councilappointments.
appointments.
276
Vista,
CACA
91910
I www.chulavistaca.gov
] (619) 691-5041
fax (619) 585-5774
276 Fourth
FourthAvenue,
Avenue,Chula
Chula
Vista,
91910
I www.chulavistaca.gov
I (619)I 691-5041
I fax
(619) 585-5774
04***/$
-"
CI1Y
CITYOF
OF
VISTA
CHULA visrA
-APPOINTMENT PROCESS
-APPOINTMENT
PROCESS INTERIM
CITY COUNCILMEMBER
COUNCILMEMBER
INTERIM CITY
On
the
following
appointment
process
for selecting
an Interim
CityCity
On August
August 4,
4,2009,
2009,the
theCouncil
Councilapproved
approved
the
following
appointment
process
for selecting
an Interim
Councilmember
Council
Seat
#2 until
John
McCann
returns
fromfrom
military
leave.leave.
Councilmembertotofillfill
Council
Seat
#2 until
John
McCann
returns
military
1. Applications
will
be available
online
from from
August
7 through
AugustAugust
31, 2009,
www.chulavistaca.
ov
Applications
will
be available
online
August
7 through
31,at2009,
at www.chulavistaca.gov
1.
and
atthe
City Clerk's
Clerk'soffice.
office.
and at
the City
2.
TheCity
CityCouncil
Councildetermined
determinedopening
openingand
andclosing
closingdates
datesfor
forapplications
applicationsas
as August
August 7,
7, 2009
2009and
and August
August
2. The
31,
will
notnot
be accepted.
31, 2009,
2009,after
afterwhich
whichapplications
applications
will
be accepted.
3.
to the
the City
City Clerk
Clerk aa completed
completed application,
application, including
includingan
anEconomic
Economic Interests
Interests
Eachapplicant
applicant must
must submit
submit to
3. Each
Disclosure
5:00
p.m.
on August
31, 2009.
Disclosureform
formand
anda aresum6
resumebyby
5:00
p.m.
on August
31, 2009.
4.
andresumes
resum6swill
willbebeforwarded
forwarded
Mayor
City
Council.
AfterAugust
August31,
31, 2009,
2009, all
all applications
applications and
toto
thethe
Mayor
andand
City
Council.
4. After
5.
TheMayor
Mayorand
andCity
CityCouncil
Councilwill
willsubmit
submitananunrestricted
unrestrictednumber
numberofofname/s
name/sofofapplicants
applicantsthey
theywant
wanttoto
5. The
interview
by
a
deadline
stated
when
applications
and
resum6s
are
forwarded
to
them.
interview by a deadline stated when applications and resumes are forwarded to them.
6.
submit
interviews
the
question/s
that
TheMayor
Mayorand
andCity
CityCouncil
Councilwill
will
submitininadvance
advanceofof
interviews
the
question/s
thatthey
theywould
wouldlike
like
6. The
asked
asked of
ofthe
theapplicants.
applicants.
7.
receiving
twotwo
or more
nominations
will be
scheduled
for interviews.
Applicants
receiving
or more
nominations
will
be scheduled
for interviews.
7. Applicants
Applicantswill
willbe
beinterviewed
interviewed in
in aa City
City Council
Council meeting
meeting in
8.
in the
the Council
Council Chambers
Chamberson
onaadate
dateselected
selectedby
by
8. Applicants
the City
City Council.
Council.
Wheninterviews
interviewshave
haveended,
ended,the
theCity
CityCouncil
Council
will
deliberate
a public
meeting
until
applicant
9.
will
deliberate
in in
a public
meeting
until
an an
applicant
9. When
receivesatatleast
leastthree
threevotes.
votes.
receives
PAGE
PAGE2,2,ITEM
RTENO.:
NO
EETRNGDATE:
DATE]07/18/06
07/18/06
MEETING
li IS CUSSION
DISCUSSION
five five
a councilmcmber
to appoint
upon
callecl
been
In the past
past twenty-five
twenty-fiveyears,
years,the
theCouncil
Council
been
called
upon
to appoint
a councilmember
hashas
tn
varied.
hashas
appointment
times. The
Theprocess
processused
usedfor
foreach
each
appointment
varied.
times,
application
The
week.
for one for
1981
Process-
In 1981,
the Council
take applications
one
week.
The application
to taketoapplications
votedvoted
the Council
In 1981,
1981 Process
and and
received
were were
applications
Twenty-six
Clerk.
to the
consistedofofthe
thesubmission
submission
a resume
to the
Clerk.
Twenty-six
applications
received
a resume
of of
consisted
of
series
a
took
Council
The
applications.
the
a special
specialcouncil
council
meeting
was
called
to
screen
the
applications.
The
Council
took
a
series of
meeting was called to screen
to be
questions
upon sixupon
agreed agreed
votesuntil
untilthere
therewere
were
eight
candidates
remaining.
Council
six questions
to be
Council
remaining.
candidates
eight
votes
Atlater. At
week.later.
were held
interviews
The The
providedtotothe
theapplicants
applicants
prior
to the
interview.
interviews
wereone
held
one week
interview.
to the
prior
provided
decision.
to atounanimous
came
they
until
votes
the Council
Counciltook
tooka aseries
seriesofof
votes
until
they
came
a unanimous
decision.
meeting, the
that meeting,
Council
duringduring
as Mayor,
election
Nader's
Councilman
following
1991
Process-
meeting
following
Councilman
Nader's
election
as Mayor,
Council
meeting
thethe
In In
1991 Process
by Nader's
createdcreated
to filltothe
process
the the
comments,there
therewas
was
a discussion
regarding
process
fillvacancy
the vacancy
by Nader's
regarding
a discussion
comments,
Interviews
period.
sixteen-day
for afor
applications
electionas
asMayor.
Mayor.The
TheCouncil
Council
voted
to accept
applications
a sixteen-day
period.
Taterviews
to accept
voted
election
the held, the
were held, were
interviews
After theAfter
closed.closed.
periodperiod
wereheld
heldten
ten
days
after
application
the interviews
application
the the
after
days
were
selected.
waswas
a candidate
until
ballots
Councilvoted
votedininsuccessive
successive
ballots
until
a candidate
selected.
Council
was decided
for this
the process
1994 Process
Process-
There
is no
available
record
of how
the process
forappointment
this appointment
was decided
of how
record
available
is no
There
forapplicants for
applicants
chose threechose
upon.Applications
Applications
were
received
andCouncilmember
each Councilmember
three
and each
received
were
upon.
after their
remain
were towere
interviews.During
During
interviews,
the applicants
tooutside
remainuntil
outside
until after their
the applicants
interviews,
thethe
interviews.
questions.
any
ask
to
free
was
interview and
andeach
eachCouncilmember
Councilmember was free to ask any questions.
interview
and voted
comments
Councflmember
during
1995
Process-
Council
discussed
the process
during
Councilmember
comments
and voted
the process
discussed
Council
TheThe
1995 Process
the the
the day
session
a special
heldheld
Council
to post
post the
the vacancy
vacancyfor
fora aten-day
ten-dayperiod.
period.
The
Council
a special
session
the following
day following
The
to
Each applicant
applied,
all who
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closingofofthe
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decided
to interview
allhad
who
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decided
andand
period
closing
held held
for a meeting
scheduled
werewere
was given
giventhree
threeminutes
minutestotospeak
speak
Council.
Interviews
scheduled
for a meeting
Interviews
Council.
thethe
to to
was
applicant
eachand
to the Clerk
five names
submitted
fourdays
dayslater,
later.Each
Each
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submitted
five names
to theand
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each applicant
Councflmember
four
Of the special
beginning
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receivingtwo
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the beginning
of the special
invited
waswas
votes
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given
bebe
held to
to conduct
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theinterviews,
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theCouncil
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decidedeach
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reduced
beenbeen
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number
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fifteenminutes.
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theend
endofof
thatmeeting,
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number
of applicants
reduced
toAsix. A
that
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each each
Again,Again,
six applicants.
specialmeeting
meetingwas
washeld
held
next
week
to interview
the remaining
six applicants.
the remaining
to interview
week
next
thethe
special
and tenand ten
presentation
(a five-minute
Council
the the
applicantwas
wasgiven
givenfifteen
fifteen
minutes
to address
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(a five-minute
presentation
to address
minutes
applicant
for questions).
questions).
minutes for
CoJancll;
on the
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declare the
special
held a held
2005Process
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a meeting
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meeting
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on the Cd.tincil::
- Council
2005
City
to the to
submitted
Council
the City
thenthen
and and
Applicationswere
werereceived
received
week
the City
Council
submitted
theClerk
City Clerk
week
oneone
forfor
Applications
by at
selected
were
that
candidates
the applicants
applicants that
that the
the member
memberwanted
wantedtotointerview.
interview.The
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candidates
that
were
selected
byleast
at least
meeting
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had ahad
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Council.
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two Council.members
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wereinterviewed
interviewed
City
Council.
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a special
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thethe
by by
two
on
a resume,ainformation
includedincluded
to interview
interview
and
select
an appointee.
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on
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an appointee,
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letters
two
toto
potential conflicts
conflictsofofinterest,
interest,and
andone
one
two
letters
potential
1 0-2
CharterReview
Review Commission
Commission
Charter
Process For Selecting Districting Commission Members
28,2014
May 28,
2014
A.
Screening: Getting
Getting from
from 25
25 to 15
Initial Screening:
1.
Each Commissioner
Commissioner reviews
applications and
ranles the
the
Each
reviews all
all applications
and ranks
applications
in order
order of most-qualified
most-qualified (i.e.,
(i.e., 1-25).
1-25). Review
Review must
applications in
be based
based on
on the
the four
four criteria
criteria specified
specified in the
the Charter
Charter and
and
be
Ordinance:
a. Relevant knowledge/Demonstrated analytic ability
a.
b. Demonstrated
ability to
to serve
impartially in
in a nonDemonstrated ability
serve impartially
partisan role
c. Experience in public communication/outreach
communicatio'n/outreach
c.
in civic and/or
in
d. Experience
Experience in
and/or volunteer
volunteer activities
activities III
d.
City of
of Chula Vista
geographic, ethnic, racial and
Consideration must
must also
also be given to geographic,
gender diversity.
B.
2.
2.
Each
Each Commissioner
Commissioner submits
submits its
its rankings
rankings (1-25)
(1-25) to
to the City Clerk
for compilation.
3.
3.
4.
4.
meeting. City
The Charter Review Commission convenes a public meeting.
of rankings
ranldngs and makes recommendations as to
staff presents results of
whether
the list
list of 15
15 should
should be
be expanded
expanded based on the
the Human
Human
whether the
diversity analysis.
Resources staffs
staff's diversity
5.
5.
The Charter
Charter Review
Review Commission
Commission considers
considers staffs
staffs
The
recommendations
applicants to
recommendations and
and determines
determines the
the final
final list
list of applicants
to be
interviewed.
Interview Process
1. Public
Public Meeting.
Meeting. Interviews
Interviews shall
shall be
be held
held over
over two
two noticed
noticed public
public
1.
meetings.Each
Eachof
of the
the final
final applicants
applicants(the
(thetop
top15,
15,or
or more
more if
if list
list is
meetings.
expanded pursuant
expanded
pursuant to
to A.,
A., above)
above) shall be invited to interview during one
the meetings.
meetings. These
These shall be
be the
the candidates
candidates for
for appointment
appointment to
of the
to the
Districting Commission.
2. Candidate
CandidateStatement.
Statement.
1.
make a statement
statement to
i. Each
Each candidate
candidate will
will be
be invited
invited to
to make
to the full
Commission,
which will
will be
be considered
Commission, which
considered by the Commission
Commission in
evaluating the
evaluating
the candidates
candidates based
based on
on the
the criteria set forth in A.1.,
A. 1.,
above.
11.
Commission shall
allotted five
minutes to
give their
their
ii. The
The Commission
shall be
be allotted
five minutes
to give
statements. Candidates
Candidates will
will be
be asked
asked to
to include
include within
within their
their
statements.
statements aa response
response to the following
following question:
question: "Why do you
statements
want to be on the Districting Commission?"
iii.
Commissioners may
ask follow-up
follow-up questions
questions immediately
immediately
iii. Commissioners
may ask
following each candidate's statement
statement (follow
(follow up questions should
be for clarification purposes only).
IV. As a courtesy, candidates will be asked to wait outside during the
iv.
statements of
of other candidates.
v. Participation
interview process
mandatory. If
v.
Participationinin this
this interview
process isis mandatory.
If aa
candidate
does not attend the public meeting, the candidate
candidate does
candidate will
not be given further consideration for inclusion in the Districting
Commission. Notwithstanding
ciffididate is
Commission.
Notwithstandingthe
the foregoing,
foregoing,ifif aa candidate
unable to participate in the interview
unable
interview process due to unforeseen
unforeseen
circumstances, the candidate may request that the
or emergency circumstances,
requirement. The Commission
Commission
Commission waive the interview requirement.
shall consider
consider all
such requests
requests and,
majority vote
the
shall
all such
and, by
by majority
vote of the
Commission, may waive the interview requirement and allow the
candidate to
continue to
considered for
inclusion in
the
candidate
to continue
to be considered
for inclusion
in the
Districting Commission.
3. Public
Public Comment.
Comment. AApublic
publiccomment
comment period
period will
will be
be permitted
permitted at each
each
3.
meeting after all candidate statements are concluded (public comment will be
limited to 3 minutes per person).
C.
After the
the conclusion
conclusion of the
the second
second public
public meeting,
meeting, each
each
After
Commissioner wili
opportunity toto vote
for five
five
Commissioner
willbe
be given
given the
the opportunity
vote for
candidates on a voting sheet, which shall be handed to the City Clerk
and tabulated.
2.
2.
Each candidate
candidate that receives
receives four
four or more votes will be included in
ten.
the pool
pool of
often.
3.
3.
ten candidates
candidates
The Commission will repeat the voting process until ten
if after
after first
first round
round of
of voting,
voting, two are
are
are selected.
selected. (For
(For example,
example, if
are
selected
and
eight
openings
remain,
in
the
second
round,
each
selected and eight openings remain, in the second round, each
Commissioner would
candidates, and
Commissioner
would vote
vote for
for another
another five
five candidates,
and so
so on
until ten are
Iftwo
two openings
openings remain,
remain, each
each Commissioner
Commissioner
are selected.
selected. If
would vote for another two candidates.)
4.
D.
2.
2. The City Clerk will administer the oath to the four selected candidates.
E.
of Final 3 (out of
of remaining 6) DCs
Districting Commission Selection of
of selecting
selecting three
The Districting Commission will undertake
undertake the process of
additional members from the remaining six candidates.
EXHIBIT
EXHIBIT C
C
WHEREAS, revisions to the Chula Vista Charter were submitted to and ratified by the
voters of the City of Chula Vista on November 4, 2014, relating to, among other changes, City
Council vacancies as described in section 303; and
WHEREAS, under the provisions of Chula Vista Charter section 303.A, a vacancy occurs
when a current office holder is elected to another seat on the City Council and the vacancy
becomes effective on the date on which the current office holder is sworn into another office; and
WHEREAS, Mary Salas held office as Member of the City Council, Seat 4, and was
elected to the seat of Mayor at the election of November 4, 2014 and was sworn into office as
Mayor on December 9, 2014, therefore, City Council Seat No. 4 became vacant upon Mayor
Salas taking her oath of office; and
WHEREAS, under the new provisions of Chula Vista Charter section 303.C, the City
Council has decided to appoint a person to fill the vacant seat; and
WHEREAS, under the new provisions of Chula Vista Charter section 303.C, if the City
Council is unable to make an appointment within 45 days of December 9, 2014, the Councils
power to appoint is terminated and the Council shall call a special election purusuant to City
Charter section 303.C.2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby declare the vacancy of City Council Seat No. 4, and declares its
intention to appoint a person to fill the vacant seat.
Presented by
Approved as to form by
Glen R. Googins
City Attorney
EXHIBIT
EXHIBIT D
D
6:00 PM
Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
CALL TO ORDER
A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember
Salas, and Mayor Cox
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk
Bigelow
14-0711
Animal Care Facility Administrator Anton presented Zoey, a dog available for adoption at the Animal
Care Facility.
.
14-0626
Page 1
City Council
December 9, 2014
14-0675
The following members of the public spoke in tribute to outgoing elected officials:
- Claudia Valenzuela, representing San Diego Gas & Electric
- Cindy Gompper-Graves, representing the South County Economic Development Council
- Ben Vallejos and Susan Fuller, representing the Living Coast Discovery Center
- Andrew Yuen, representing the San Diego National Wildlife Refuge
- Pamela Bensoussan, Councilmember
- John Hess, representing the International Association of Fire Fighters
- Melinda Nish, representing the Southwestern Community College District
Mayor Cox reflected on her past term in office.
Councilmember Ramirez reflected on his past term in office.
14-0676
INTRODUCTION
OF
GOOGINS, OATH OF
MARIE GOOGINS
RE-ELECTED
CITY
ATTORNEY
OFFICE TO BE ADMINISTERED BY
GLEN
SONYA
RE-ELECTED
COUNCILMEMBER
OFFICE TO BE ADMINISTERED
PATRICIA
BY NICK
Page 2
City Council
December 9, 2014
Sonia Marie Googins administered the ceremonial oath of office to City Attorney Googins. City Clerk
Norris presented him with a certificate of election.
City Attorney Googins reflected on his past term in office and spoke about upcoming events and issues.
Nick Aguilar administered the ceremonial oath of office to Councilmember Aguilar. City Clerk Norris
presented her with a certificate of election.
Councilmember Aguilar reflected on her past term in office and spoke about upcoming events and
issues.
Assemblymember Chavez administered the ceremonial oath of office to Councilmember McCann. City
Clerk Norris presented him with a certificate of election.
Councilmember McCann spoke regarding upcoming events and issues.
Paula Silva Casillas administered the ceremonial oath of office to Mayor Salas. City Clerk Norris
presented her with a certificate of election.
Mayor Salas reflected on her past term in office and spoke about upcoming events and issues.
RECESS
Mayor Salas recessed the meeting at 7:41 p.m. The Council reconvened at 8:28 p.m., with all members
present.
CALL TO ORDER
At 8:28 p.m., Mayor Salas called the meeting to order.
ROLL CALL:
Present: Deputy Mayor
Mayor Salas
Aguilar,
Councilmember
Bensoussan,
Councilmember
McCann
and
ACTION ITEMS
4.
14-0699
Page 3
City Council
December 9, 2014
Page 4
City Council
December 9, 2014
MAYOR'S REPORTS
Mayor Salas expressed her gratitude to the residents of Chula Vista for electing her to serve as Mayor
and spoke regarding her upcoming term.
COUNCILMEMBERS' COMMENTS
Deputy Mayor Aguilar spoke in support of the Council considering changing the time of regular City
Council meetings. Mayor Salas stated an item would be on the next Council agenda to allow the Council
to discuss the issue.
Councilmember Bensoussan congratulated Mayor Salas, Deputy Mayor Aguilar,
McCann and City Attorney Googins on the election or reelection to their respective offices.
Councilmember
Councilmember McCann thanked those who supported him in the election and also during his recovery
following a car accident.
ADJOURNMENT
At 9:07 p.m., Mayor Salas adjourned the meeting to the Regular City Council Meeting on December 16,
2014, at 2:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, Assistant City Clerk
Page 5
EXHIBIT
EXHIBIT E
E
4aI,
mpowno
Agenda
CITY OF
CHULA VISTA
MEETING OF THE CITY COUNCIL
1
11W
,/e/t6
7'
Mary Casillas Salas, Mayor
Patricia Aguilar, Councilmember
Pamela Bensoussan, Councilmember
John McCann, Councilmember
2:00 PM
Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
CALL TO ORDER
ROLL CALL:
Councilmembers Aguilar, Bensoussan, McCann and Mayor Salas
A.
14-0709
OATHS OF OFFICE
Nancy Sedgwick, Resource Conservation Commission
Jorge Marroquin and Jerry Munoz, Safety Commission
B.
14-0654
INTRODUCTION
BY
KELLEY
BACON,
DEPUTY
CITY
MANAGER, OF EMPLOYEE OF THE MONTH OLGA BERDIAL,
SPECIAL EVENTS COORDINATOR
Page 1
Printed on 12/12/2014
City Council
Agenda
C.
14-0694
D.
14-0618
PRESENTATION
BY
PUBLIC
WORKS
RECYCLING
SPECIALIST MANUEL MEDRANO AND COMPUTERS 2 SAN
DIEGO
KIDS
EXECUTIVE
DIRECTOR
CHERI
PIERRE
PRESENTING COMPUTER DONATIONS TO SOUTH BAY
COMMUNITY
SERVICES
YOUTH
IN
TRANSITION
PROGRAM
E.
14-0697
PRESENTATION
BY
DR.
EMERALD
REGARDING
THE
2014 CHRISTMAS
IN
PROGRAM IN THE CITY OF CHULA VISTA
F.
14-0718
RANDOLPH
OCTOBER
1.
14-0712
Staff Recommendation:
2.
14-0701
A. ORDINANCE
OF
THE
CITY
OF
CHULA
VISTA
APPROVING
THE
SECTIONAL
PLANNING
AREA
(SPA)
PLANNED
COMMUNITY
DISTRICT
REGULATIONS
FOR
OTAY RANCH VILLAGE THREE NORTH AND A PORTION OF
FOUR (SECOND READING AND ADOPTION)
B. ORDINANCE
OF
THE
CITY
OF
CHULA
VISTA
APPROVING
THE
SECTIONAL
PLANNING
AREA
(SPA)
PLANNED
COMMUNITY
DISTRICT
REGULATIONS
FOR
OTAY RANCH VILLAGE EIGHT EAST (SECOND READING
AND ADOPTION)
Page 2
Printed on 12/12/2014
City Council
Agenda
C. ORDINANCE
OF
THE
CITY
OF
CHULA
VISTA
APPROVING
THE
SECTIONAL
PLANNING
AREA
(SPA)
PLANNED
COMMUNITY
DISTRICT
REGULATIONS
FOR
OTAY RANCH VILLAGE TEN (SECOND READING AND
ADOPTION)
Department:
Staff Recommendation:
3.
14-0702
A. ORDINANCE
OF
THE
CITY
OF
CHULA
VISTA
APPROVING A FIRST AMENDMENT TO THE RESTATED
AND
AMENDED
PRE-ANNEXATION
DEVELOPMENT
AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY
OF
CHULA
VISTA
(FORMER
SNMB
DEVELOPMENT
AGREEMENT) (SECOND READING AND ADOPTION)
B. ORDINANCE
OF
THE
CITY
OF
CHULA
VISTA
APPROVING A FIRST AMENDMENT TO THE RESTATED
AND
AMENDED
PRE-ANNEXATION
DEVELOPMENT
AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY
OF
CHULA
VISTA
(FORMER
JEWELS
OF
CHARITY
DEVELOPMENT
AGREEMENT)
(SECOND
READING
AND
ADOPTION)
Department:
Staff Recommendation:
4.
14-0667
Department:
Staff Recommendation:
5.
14-0682
Department:
Staff Recommendation:
FEE,
AND
THE
Finance Department
Council receive the report.
Page 3
Printed on 12/12/2014
City Council
6.
14-0683
Department:
Staff Recommendation:
7.
14-0689
Agenda
Department:
Staff Recommendation:
.
City of Chula Vista
Page 4
Printed on 12/12/2014
City Council
8.
14-0611
Department:
Staff Recommendation:
9.
14-0666
Department:
Staff Recommendation:
10.
14-0681
Department:
Staff Recommendation:
Agenda
.
City of Chula Vista
Page 5
Printed on 12/12/2014
City Council
11.
14-0686
Department:
Staff Recommendation:
12.
14-0696
Department:
Staff Recommendation:
13.
14-0700
Department:
Staff Recommendation:
14.
14-0704
Department:
Staff Recommendation:
Agenda
.
City of Chula Vista
Page 6
Printed on 12/12/2014
City Council
15.
14-0599
Department:
Staff Recommendation:
Agenda
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If you
wish to speak on any item, please fill out a Request to Speak form (available in the lobby)
and submit it to the City Clerk prior to the meeting.
16.
14-0628
CONSIDERATION
OF
APPROVAL
OF
A
TENTATIVE
SUBDIVISION MAP TO SUBDIVIDE A .98-ACRE SITE INTO
FIVE
(5)
SINGLE-FAMILY
LOTS
FOR
INDIVIDUAL
OWNERSHIP AT 386 DATE STREET; APPLICANT: IBERIA
PROJECT MANAGEMENT, LLC
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP
PCS-13-01 TO SUBDIVIDE A .98-ACRE SITE INTO FIVE (5)
SINGLE-FAMILY
LOTS
FOR
INDIVIDUAL
OWNERSHIP
LOCATED AT 386 DATE STREET
Department:
Staff Recommendation:
.
City of Chula Vista
Page 7
Printed on 12/12/2014
City Council
17.
14-0684
Agenda
Department:
Staff Recommendation:
.
City of Chula Vista
Page 8
Printed on 12/12/2014
City Council
18.
14-0640
Department:
Staff Recommendation:
19.
14-0656
Department:
Staff Recommendation:
Agenda
CONSIDERATION
OF
AMENDING
CHAPTER
FEES) OF THE CITYS MASTER FEE SCHEDULE
12 (SEWER
20.
14-0591
Department:
Staff Recommendation:
21.
14-0664
Page 9
Printed on 12/12/2014
City Council
22.
14-0665
Agenda
APPOINTMENT
AGENCIES:
OF
CITY
COUNCILMEMBERS
TO
OUTSIDE
23.
14-0714
24.
14-0695
COUNCIL
DISCUSSION
AND
POSSIBLE
ACTION
REGARDING CHANGING THE TIME OF REGULAR CITY
COUNCIL MEETINGS
COUNCILMEMBERS COMMENTS
Page 10
Printed on 12/12/2014
City Council
Agenda
ADJOURNMENT
to the Regular City Council Meeting on January 6, 2015, at 2:00 p.m., in the Council
Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available
for public review at the City Clerks Office, located in City Hall at 276 Fourth Avenue, Building A,
during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerks Office at (619)
691-5041(California Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP
In accordance with California Government Code Section 66458(d), notice is hereby given that the City
Engineer has reviewed and, immediately following this City Council meeting of December 16, 2014,
will approve the following final map:
Chula Vista Tract No. 12-02, Otay Ranch Village 2 North, Neighborhood R-10A, 24 multi-family units
located on 1.069 acres south of Olympic Parkway and west of La Media Road.
Specifically, the City Engineer has caused the map to be examined and has made the following
findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations
thereof and any conditions of approval imposed with said tentative map.
(2) The map complies with the provisions of the Subdivision Map Act and any local ordinances
applicable at the time of approval of the tentative map.
(3) The map is technically correct.
Said map will be finalized and recorded, unless an interested party files a valid appeal of the City
Engineers action to City Council no later than 2:00 p.m., 10 calendar days from the date of this City
Council meeting. A valid appeal must identify the improper/incorrect finding and the basis for such
conclusion.
If you have any questions about the map approval findings or need additional information about the
map or your appeal rights, please feel free to contact Tom Adler at (619) 409-5483.
Page 11
Printed on 12/12/2014
EXHIBIT
EXHIBIT F
F
2:00 PM
Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
CALL TO ORDER
A Special Meeting of the Housing Authority meeting jointly with the City Council of the City of Chula Vista
was called to order at 2:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
Present: Deputy Mayor
Mayor Salas
Aguilar,
Councilmember
Bensoussan,
Councilmember
McCann
and
14-0709
OATHS OF OFFICE
Nancy Sedgwick, Resource Conservation Commission
Jorge Marroquin and Jerry Munoz, Safety Commission
City Clerk Norris administered the oaths of office to Commissioners Sedgwick, Marroquin, and Munoz,
and Councilmember Bensoussan presented them with certificates of appointment.
B.
14-0654
Deputy City Manager Bacon introduced employee of the month, Olga Berdial. Mayor Salas read the
proclamation and Councilmember Bensoussan presented it to Ms. Berdial.
C.
14-0694
Page 1
City Council
D.
14-0618
PRESENTATION
BY
PUBLIC
WORKS
RECYCLING
SPECIALIST
MANUEL
MEDRANO
AND
COMPUTERS
2 SAN
DIEGO
KIDS
EXECUTIVE DIRECTOR CHERI PIERRE PRESENTING COMPUTER
DONATIONS TO SOUTH BAY COMMUNITY SERVICES YOUTH IN
TRANSITION PROGRAM
Recycling Specialist Medrano and Computers 2 San Diego Kids Executive Director, Cheri Pierre,
presented information about the electronic recycling and computer refurbishing partnership program .
Geri Garcia-Schroeder, representing South Bay Community Services, thanked the City and Computers
2 San Diego Kids for the computer donations to its Youth in Transition Program.
E.
14-0697
Dr. Randolph made a presentation on the 2014 Christmas in October program and recognized the
program's supporters, sponsors, and volunteers.
F.
14-0718
Moore,
President
of
the
Third
1.
14-0712
2.
14-0701
Page 2
City Council
3.
14-0702
4.
14-0667
REPORT
REGARDING
THE
DEVELOPMENT
IMPACT
FEE,
PARKLAND ACQUISITION AND DEVELOPMENT FEE, AND TRUNK
SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED
JUNE 30, 2014
Recommended Action: Council receive the report.
5.
14-0682
6.
14-0683
.
City of Chula Vista
Page 3
City Council
7.
14-0689
8.
14-0611
9.
14-0666
.
City of Chula Vista
Page 4
City Council
10. 14-0681
11. 14-0686
12. 14-0696
13. 14-0700
15. 14-0599
.
City of Chula Vista
Page 5
City Council
Principal Civil Engineer Rivera and John Dorow, Senior Engineer, representing SANDAG, and Patrick
Somerville, Project Manager, representing HNTB, gave a presentation on the item.
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Aguilar, that Resolution No. 2014-253 be accepted, heading read, text waived. The
motion carried by the following vote:
Yes: 4 - Aguilar, Bensoussan, McCann and Salas
No: 0
Abstain: 0
PUBLIC COMMENTS
Jock Rodriguez, Chula Vista resident, requested an investigation of an incident involving his son at
Castle Park High School. Mayor Salas referred the issue to the City Attorney and City Manager.
PUBLIC HEARINGS
16. 14-0628
Page 6
City Council
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Mayor Salas opened the public hearing. There being no members of the public who wished to speak,
Mayor Salas closed the public hearing.
ACTION: A
motion
was
made
by
Councilmember
Bensoussan,
seconded
by
Councilmember McCann, that Resolution No. 2014-255 be adopted, heading read,
text waived. The motion carried by the following vote:
Yes: 4 - Aguilar, Bensoussan, McCann and Salas
No: 0
Abstain: 0
17. 14-0684
CONSIDERATION
OF
THE
ISSUANCE
OF
TAX-EXEMPT
OBLIGATIONS WITH RESPECT TO PROPOSED FINANCING OF THE
DEVELOPMENT
OF
A
126-UNIT
SENIOR
AND
84-UNIT
AFFORDABLE
HOUSING
DEVELOPMENT
IN
THE
MILLENIA
COMMUNITY
A. RESOLUTION NO. 2014-256 OF THE CITY COUNCIL OF
CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE
DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF
HOUSING AUTHORITY OF THE CITY OF CHULA VISTA
MILLENIA SENIOR AFFORDABLE APARTMENTS
THE
AND
THE
FOR
THE
AND
THE
FOR
Page 7
City Council
18. 14-0640
CONSIDERATION
OF
AMENDMENTS
TO
THE
GROWTH
MANAGEMENT
ORDINANCE
(CHAPTER
19.09 OF
THE
CHULA
VISTA MUNICIPAL CODE), AND THE GROWTH MANAGEMENT
PROGRAM
IMPLEMENTATION
MANUAL;
TO
REPLACE
THE
THRESHOLD STANDARDS, GROWTH MANAGEMENT OVERSIGHT
COMMITTEE
POLICY
AND
THE
GROWTH
MANAGEMENT
PROGRAM DOCUMENT
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Mayor Salas opened the public hearing and continued the item to January 13, 2015.
19. 14-0656
12 (SEWER
FEES)
OF
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Mayor Salas opened the public hearing and continued the item to January 6, 2015.
Assistant City Attorney Maland provided information and Districting Commission Chair Torres gave a
presentation on the item.
A motion was made by Councilmember Bensoussan, seconded by Councilmember McCann, that the
proposed resolution be adopted with an amendment to reduce the requested additional budget
appropriation to the Districting Commission budget to $45,000.
Page 8
City Council
A motion was made by Deputy Mayor Aguilar to increase the Districting Commission budget by $ 25,000.
The motion failed due to lack of a second.
MAYORS REPORTS
21. 14-0664
ACTION: A motion was made by Mayor Salas, seconded by Councilmember McCann, that
Councilmember Bensoussan be appointed Deputy Mayor. The motion carried by
the following vote:
Yes: 4 - Aguilar, Bensoussan, McCann and Salas
No: 0
Abstain: 0
22. 14-0665
APPOINTMENT
AGENCIES:
OF
CITY
COUNCILMEMBERS
TO
OUTSIDE
City Council
At the request of Mayor Salas, there was consensus of the Council to make the remaining appointments
to outside agencies after the final member of the Council had been appointed.
ACTION: A
motion
was
made
by
Councilmember
Bensoussan,
seconded
by
Councilmember McCann, that Mayor Salas be appointed as the member of the
Chula Vista Veterans Home Support Foundation; League of California Cities
(LCC), San Diego Division; Metropolitan Wastewater Commission (Metro); and
San Diego Association of Governments (SANDAG) Board of Directors. The
motion carried by the following vote:
Yes: 4 - Aguilar, Bensoussan, McCann and Salas
No: 0
Abstain: 0
23. 14-0714
At the request of Mayor Salas, City Clerk Norris distributed and explained a proposed timeline for the
appointment of a City Councilmember.
There was consensus of the Council to approve the City Clerk's recommended timeline and hold a
special meeting on January 8, 2015, at 4:00 p.m., for the purpose of conducting interviews to fill the
vacancy on the City Council. Mayor Salas requested that the meeting be televised.
24. 14-0695
COUNCIL
DISCUSSION
AND
POSSIBLE
ACTION
REGARDING
CHANGING THE TIME OF REGULAR CITY COUNCIL MEETINGS
Mayor Salas requested that the Safety Commission investigate improving crosswalk safety at Fourth
Avenue and Park Way.
City of Chula Vista
Page 10
City Council
COUNCILMEMBERS COMMENTS
Deputy Mayor Aguilar and Councilmember Bensoussan wished everyone happy holidays.
At the request of Councilmember Bensoussan, there was consensus of the Council to request the City
Manager propose ideas to restart work on the City's Arts Master Plan.
Councilmember McCann congratulated Chief Geering on his appointment as Fire Chief.
He thanked
City employees for their service and stated he was looking forward to working with the employees, City
management, and the Council.
Mayor Salas paid tribute to Assemblyman Pete Chacon.
ADJOURNMENT
At 5:45 p.m., Mayor Salas adjourned the meeting to the City Council Meeting on January 6, 2015, at
4:00 p.m., in the Council Chambers.
_______________________________
Kerry K. Bigelow, Assistant City Clerk
Page 11
EXHIBIT
EXHIBIT G
G
RE:
Section 6258 of the Public Records Act provides that [a]ny person may institute proceedings for
injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her
right to inspect or to receive a copy of any public record or class of public records under this chapter.
Notice of Intent
January 21, 2015
Page 2
Government Code section 54952.6 defines action taken as a collective decision made by a majority of
the members of a legislative body, a collective commitment or promise by a majority of the members of a
legislative body to make a positive or negative decision, or an actual vote by a majority of the members of
a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or
ordinance. This expansive definition includes the type of action taken by the Chula Vista City Council and
Mayor in voting on finalists selected to be interviewed.
Notice of Intent
January 21, 2015
Page 3
Pursuant to Government Code Section 54960.1, this letter constitutes a demand that the
City of Chula Vista, specifically the City Council and Mayor, cure and correct the illegally taken
action as follows: (i) formally and explicitly withdraw the prior votes made; (2) properly agendize
an open meeting for the selection of candidates for an interview process; (3) provide an
opportunity for public comment by members of the public at the aforementioned meeting; (4)
provide for the open and public vote by the Council and Mayor for candidates to continue onto
the interview process. Notice of the meeting, a brief description of the action proposed to be
taken, and the availability of public comment must be included on a posted agenda. Any and all
documents in the possession of the City related to the action taken shall also be provided with
the agenda.
As provided by Section 54960.1, the City has 30 days from the receipt of this demand to
either cure or correct the challenged action. Should the City fail to cure or correct as demanded,
SanDOG and Mr. Shilling will seek a judicial invalidation of the challenged action pursuant to
Section 54960.1. SanDOG and Mr. Shilling will also seek an award of costs and reasonable
attorney fees in this matter.
Further, until the City provides the responsive, requested documents, it will continue to be
in violation of the Public Records Act. If the City does not promptly produce the responsive
documents by Friday, January 23, 2015, we intend to file suit to compel production. We urge the
City to consider the public interest and citizens right to open government in reconsidering its
initial response to the Public Records Act Request.
Should you have any questions feel free to contact me directly.
Sincerely,
COAST LAW GROUP LLP
Livia Borak
Attorneys for Chris Shilling and SanDOG
cc:
EXHIBIT
EXHIBIT H
H
CITY
CITYOF
OF
CHUIAVISTA Office
Officeofofthe
theCity
CityAttorney
Attorney
CHULAVISTA
VIA
MAIL
VIA EMAIL;
EMAIL; HARDCOPY
HARDCOPY TO
TO FOLLOW
FOLLOW VIA
VIA U.S.
U.S. MAIL
January
January 23, 2015
2015
Ms.
Ms. Livia
LiviaBorak
Borak
Coast
Coast Law
Law Group,
Group,LLP
LLP
1140 S.
S. Coastal
CoastalHighway
Highway101
101
Encinitas,
Encinitas, CA
CA92024
92024
Mr. Cory
CoryBriggs
Briggs
Mr.
Briggs Law
LawCorporation
Corporation
Briggs
814
814 Morena
MorenaBlvd.,
Blvd.,Suite
Suite107
107
San
San Diego,
Diego,CA
CA92110
92110
Re:
Re: Notice
Noticeof
ofIntent
Intent to
to File
File Suit
Suit and
and Demand
Demand for
for Cure
Cure to
to City
City of
of Chula
Chula Vista
Vista
Deal"
Ms. Borak
Dear Ms.
Borak and
and Mr.
Mr. Briggs:
Briggs:
This
receipt
of your
correspondence
dated January
21, 2015
Ms. Donna
This letter
letterwill
willacknowledge
acknowledge
receipt
of your
correspondence
dated January
21,to2015
to Ms. Donna
Norris,
behalf
of San
Diegans
for Open
Government
and and
Norris, City
CityClerk.
Clerk.Your
Yourletter
letterapparently
apparentlywritten
writtenonon
behalf
of San
Diegans
for Open
Government
Mr.
is is
anan
alleged
Brown
ActAct
Violation
and and
Mr. Chris
Chris Shilling
Shillingdemands
demandsthat
thatthe
theCity
Citycure
curewhat
whatyou
youcontend
contend
alleged
Brown
Violation
demands
may
be be
exempt
fi'om
disclosure
under
the California
demands that
that the
the City
Cityproduce
producedocuments
documentswhich
which
may
exempt
from
disclosure
under
the California
Public
a January
request
byby
Mr.
Schilling.
Public Records
RecordsAct
Actininresponse
responsetoto
a January6,6,2015
2015
request
Mr.
Schilling.
You
correspondence
that that
the City
cure or
correct
the alleged
Brown Act
violation
Yourequest
requestininyour
your
correspondence
the City
cure
or correct
the alleged
Brown
Act violation
within
2015
letter.
You
alsoalso
demand
thatthat
thethe
CityCity
produce
within thirty
thirty days
days from
fromreceipt
receiptofofyour
yourJanuary
January21,
21,
2015
letter.
You
demand
produce
the
to to
Mr.
Scbilling's
record
request
by Friday,
January
23, 23,
the potentially
potentiallyexempt
exemptdocuments
documentsininresponse
response
Mr.
Schilling's
record
request
by Friday,
January
2015
production.
2015 or
oryou
youintend
intendtotofile
filesuit
suittotocompel
compel
production.
Please
that
mymy
office
has already
begunbegun
reviewing
the arguments
and case citations
Pleasebe
beadvised
advised
that
office
has already
reviewing
the arguments
and case citations
submitted
that
requested
that
the
City
Clerk
submitted in
in your
yourJannary
January 21,
21,2015.
2015.Please
Pleasebebefurther
furtheradvised
advised
thatI have
I have
requested
that
the
City
Clerk
place
your
potential
lawsuit
on the
next next
and earliest
meeting
of the City
Council.
placethe
theissue
issueofof
your
potential
lawsuit
on very
the very
and earliest
meeting
of the
City Council.
Unfortunately,
Act
requires
72 72
hours'
notice
for matters
agenda
Unfortunately, as
asiIam
amsure
sureyou
youare
areaware,
aware,the
theBrown
Brown
Act
requires
hours'
notice
for matters
agenda
matters
Consequently
the the
matter
will will
not be
to thetoCity
matters at
at aa regular
regular City
CityCouncil
Councilmeeting.
meeting.
Consequently
matter
notpresented
be presented
the City
Council
Counciluntil
untilnext
nextTuesday,
Tuesday,January
January27,
27,2015.
2015.
This
shall serve
serve as
as my
my request
request that
thatyou
yousimply
simply delay
delay your
your preparation
preparationand
andfiling
filingof
of aa suit
suitto
to
This letter
letter shall
compel
days
until
after
thethe
City
Council
hashas
an opportunity
to review
the the
compelproduction
productionjust
justtwo
twobusiness
business
days
until
after
City
Council
an opportunity
to review
issue
Council
decides
to produce
the additional
documents,
nay office
theCity
City
Council
decides
to produce
the additional
documents,
my office
issue on
onJanuary
January27th.
27th.IfIfthe
would
promptly,
andand
there
would
be nobe
need
compel
production.
Consequently,
I would I would
woulddodososo
promptly,
there
would
no to
need
to compel
production.
Consequently,
to provide
provideany
any
respectfully
you allow
respectfully request
request that
that you
allow the
the City
City until
until 4:00
4:00 pm
pmon
onWednesday
Wednesdaythe
the28th
28th to
responsive
any
lawsuit.
responsivedocuments
documentsbefore
beforefiling
filing
any
lawsuit.
Thank
in in
this
regard.
Thank you
you for
foryour
youranticipated
anticipatedcourtesy
courtesyand
andcooperation
cooperation
this
regard.
S
Sit
At
'Bart
C. Mlesfefld
art C.
Miesfeld
Senior
Senior Assistant
Assistant City
CityAttorney
Attorney
I 409-5823
fax (619) 409-5823
(619) 691-5037
276
Avenue, Chula
ChulaVista,
Vista,CA
CA91910
91910 I www.chulavlstaca.gov
] (619) 691-5037
[ fax (619)
www.chulavistaca.gov
276 Fourth
Fourth Avenue,
EXHIBIT
EXHIBIT II
CITY OF
CHUIAVISTA
Bart C. Mi sfeld
Senior Assistant City Attorney
BJM:taz
Enclosure
www.chulavistaca.gov
(619) 691-5037
;.
' - -Om .
listNAktio
- ' s firs
1 Andujo, Richard
2 Angulo, Javier
3 Braun, Kari Genevieve
V 4 Clark, James
5 Collins, Craig
6 Corcilius, Rob
7 Dennison, Lorna
8 Diaz, David
9 Felber, Bryan
10 Field, William
11 Fragomeno, Mario
12 Galvez, Jill
13 Gastelum, Hector
14 Glanz, Todd
15 Glover, Thomas
1 16 Gonzales, Bernard
17 Gutierrez, Ofelia
-/ 18 Hall, William
19 Harris, Willie
2 Horton, Shirley
21 Howard, Willard
22 Hyde, Roger
23 Jackson, Michael
24 Livag, Mark
25 Macapugay, Kirin
26 Melligan, Scott
2 ' Miesen, Steven
28 Moctezuma, Lisa
2 1 Morris, Patricia
3 I O'Neill, Kevin
31 Orozco, Benito
3 . Paguio, Jason
33 Palomo, Michael
3 Price, Devin
35 Saenz-Gonzalez, Jesseca
3 ; Serrato, Jose
3 ' Spethman, Mike
3 ; Starr, Felicia
3 i Stonesifer, Sandy
4 I Vaccaro, Daniel
41 Wagner, Linda
4 t White, Cheryl
4 Zaker, Majid Max
4 Zarem, John
.
..-
,a{
"_
flyu* .
Date Resume
'motion
Received
oceptesi
12/29/2014
12/29/2014
12/29/2014
12/29/2014
12/23/2014
12/23/2014
12/21/2014
12/21/2014
12/27/2014
12/27/2014
12/22/2014
12/22/2014
12/27/2014
12/19/2014
12/29/2014
12/26/2014
12/16/2014
12/16/2014
12/29/2014
12/29/2014
12/28/2014
12/28/2014
12/23/2014
12/23/2014
12/29/2014
12/29/2014
12/29/2014
12/29/2014
12/29/2014
12/29/2014
12/15/2014
12/15/2014
12/29/2014
12/29/2014
12/29/2014
12/29/2014
12/28/2014
12/25/2014
12/29/2014
12/29/2014
12/22/2014
12/22/2014
12/29/2014
12/29/2014
12/19/2014
12/19/2014
12/23/2014
12/23/2014
12/29/2014
12/29/2014
12/29/2014
12/25/2014
12/21/2014
12/21/2014
12/18/2014
12/18/2014
12/27/2014
12/27/2014
12/16/2014
12/16/2014
12/21/2014
12/16/2014
12/26/2014
12/26/2014
12/29/2014
12/29/2014
12/29/2014
12/29/2014
12/29/2014
12/29/2014
12/22/2014
12/22/2014
12/21/2014
12/21/2014
12/29/2014
12/29/2014
12/27/2014
12/27/2014
12/29/2014
12/24/2014
12/15/2014
12/15/2014
12/29/2014
12/29/2014
12/21/2014
12/25/2014
12/29/2014
12/29/2014
RECEIVED
15 Jrn -5 P3 :36
C OUN CILMEMBER
McCann
l
ncilmember
276 Fourth Avenue Chula Vista California 91910 (619) 691-5044 - Fax (619) 476-5379
jmccann@chulavistaca.gov
dual-Cnomumer
Donna Norris
From:
Sent:
To:
Subject:
Pamela Bensoussan
Monday, January 05, 2015 8:59 AM
Donna Norris
list of nominations
Donna,
Here is my list.
James Clark
Thomas Glover
William Hall
Shirley Horton
Steven Meissen
Kevin O'Neill
Jason Paguio
Thank you, Pamela
3.
Donna Norris
From:
Sent:
To:
Subject:
Patricia Aguilar
Monday, January 05, 2015 5:00 PM
Donna Norris
Appointee interview nominations
Hi donna here are my seven interview nominees: james clark, todd glanz, william hall, mark livag, lisa moctezuma, linda
wagner and john zarem. Please let me know who finalists are. Best pat
Pat Aguilar, Deputy Mayor
City of Chula Vista
Via iPad