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HomeMy WebLinkAbout2012/01/24 Item 01DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 9, 2011 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilaz, Castaneda (arrived at 4:33 p.m.), Ramirez and Mayor Cox ABSENT: Bensoussan (excused) ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Sr. Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Rebecca Kelley, Chair, International Friendship Commission, led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • 100 CENTENNIAL SECONDS - www.chulavistal00.com Mayor Cox presented a historic perspective of Chula Vista in the 1950s. She announced that the City's Centennial book was available for purchase, and the author, Stephen Schoenherr, would be available for autographs at 5:30 p.m. in the Council Chambers lobby. INTRODUCTION BY CHAIRPERSON OF THE INTERNATIONAL FRIENDSHIP COMMISSION REBECCA KELLEY, OF EXCHANGE STUDENTS FROM ODAWARA, JAPAN, CHULA VISTA'S SISTER CITY: RINA HONGO, CHIKAKO TATEISHI AND AI HONDA International Friendship Commission Chair Rebecca Kelley, introduced three visiting exchange students from Chula Vista's Sister City, Odawara, Japan, and she thanked the host families and local businesses for welcoming the delegates. Each of the visiting students spoke about their experiences in Chula Vista. Deputy Mayor Ramirez then presented each of the students with a gift on behalf of the City. • PRESENTATION BY KELLEY BACON, ANGELICA AGUILAR, AND KERRY BIGELOW ON THE LEAN PROCESS IMPROVEMENT KAIZEN EVENT FOR THE PROCESSES INVOLVING WAGEWORKS Pase 1 -Council Minutes August 9, ?011 '" ~ - ~ DRAFT SPECIAL ORDERS OF THE DAY (Continued) Administrative Services Manager Chew introduced Senior Human Resources Technician Bigelow who presented information and results of the Process Improvement event involving WageWorks. Budget and Analysis Manager Aguilar explained the results of the event's objectives. CONSENT CALENDAR (Items 1-6) APPROVAL OF MINUTES of May 5 and 10, 2011. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Rebecca Jenks, Design Review Board. Staff recommendation: Council accept the resignation. 3. ORDINANCE NO. 3202, ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO PARTICIPATE IN THE ALTERNATIVE "VOLUNTARY" REDEVELOPMENT PROGRAM, PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE, SUBJECT TO CERTAIN CONDITIONS AND RESERVATIONS (SECOND READING AND ADOPTION) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2011-14, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF RANCHO DEL REY PARKWAY BETWEEN TERRA NOVA DRIVE AND DEL REY BOULEVARD FOR THE 32nd ANNUAL ORANGE CRATE DERBY FROM 6:00 A.M. ON SATURDAY, SEPTEMBER 10, 2011, UNTIL 6:00 P.M. ON SUNDAY, SEPTEMBER 11, 2011, AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA VALLEY LIONS CLUB FOR THE DERBY (City Manager/Communications Coordinator) Staff recommendation: Council adopt the resolution 5. RESOLUTION NO. 2011-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT FOR PAYMENT OF COSTS TO RELOCATE SWEETWATER AUTHORITY FACILITIES BY AND BETWEEN SWEETWATER AUTHORITY AND THE CITY OF CHULA VISTA, CALIFORNIA (THIRD AVENUE BEAUTIFICATION FROM "E" TO "H" STREET) (Director of Public Works) Staff recommendation: Council adopt the resolution. Pase 2 -Council Minutes AuQUSt 9, 30l I 1-2 DRAFT CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2011-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $12,000 FROM GOODRICH AEROSTRUCTURES AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2011/2012 BUDGET OF THE PUBLIC WORKS DEPARTMENT (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendar Items 1 through 6, headings read, text waived. Councilmember Aguilar seconded the motion and it carved 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. BOARD/COMMISSION/COMMITTEE REPORTS CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.28, RELATED TO THE BOARD OF ETHICS ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.28 (BOARD OF ETHICS) OF THE CHULA VISTA MUNICIPAL CODE AND ADDING SECTIONS 2.28.160 THROUGH 2.28.200 TO SAME (FIRST READING) (City Attorney via Chula Vista Board of Ethics) City Attorney Googins introduced Deputy City Attomey Silva and Board of Ethics Chair Felicia Starr, who presented the proposed amendments to Chula Vista Municipal Code (CVMC) Chapter 2.28 -Board of Ethics. The Council discussed the role of the City Attorney in providing legal advice to the board. Board of Ethics Chairperson Starr stated that it was the determination of the Board to retain the City Attorney as its legal counsel, with the option to utilize outside counsel if a complaint was filed against the City Attorney. Mayor Cox recessed the meeting at 6:11 p.m. The meeting reconvened at 6:22 p.m. with all members present. City Attorney Googins advised the Council that the City Attorney is the appropriate party to provide legal counsel to the Board of Ethics, referencing City Charter Section 503, and stated he would provide a legal memorandum regarding this matter. Page 3 -Council Minutes August 9, 2011 1-3 DRAFT BOARD/COMMISSION/COMMITTEE REPORTS (Continued) Deputy Mayor Ramirez suggested an independent review of the interpretation of the Charter provisions referred to by City Attomey Googins. There was consensus of a majority of the Council to make the following revisions to the proposed ordinance: 2.28.030(A)(12) -Code of Ethics -Guiding Principles Consensus to strike the phrase, "However, they should be mindful that recusal or abstention should be reserved for actual conflicts or," amending the sentence to read, "City Officials should avoid an appearance of a conflict of interest when possible where a good faith determination has been made by the City Official that recusal or abstention is appropriate." 2.28.030(B)(2) -Code of Ethics -Specific Prohibitions Consensus of the majority of the Council, with Mayor Cox opposed, to strike the entire section, which had been proposed to read, "Use his/her position to unduly influence the deliberations or outcomes of official proceedings, both during and outside of those proceedings, of bodies of which he/she is not a member, in derogation because of the value of the independent advice of boards, commissions and other advisory bodies to the public decision-making process." 2.28.050 -Purpose. Consensus to refer the matter of unique qualifications and disqualifications for eligibility to serve on the Board of Ethics back to staff and the Boazd of Ethics for further reseazch and proposed eligibility requirements. 2.28.060(A) -Duties of the Board of Ethics Consensus of the majority of the Council, with Mayor Cox opposed, to strike the words "or initiate" from the sentence, "To receive or initiate complaints of violations of this chapter." 2.28.060(D) -Duties of the Board of Ethics Consensus to add the words "or other City policies," amending the sentence to read, "To propose revisions of this chapter or other City policies to assure its continuing pertinence and effectiveness." 2.28.080(C) -Organization Consensus to replace the words "City Attorney or his or her appointed representative" with Board of Ethics or its appointed representative." Consensus of the majority of the Council, with Mayor Cox opposed, to add the sentence to 2.28.080(C) "The Board of Ethics shall access on-call clerical support." 2.28120(A) -Complaints -Form Consensus to refer the matter of a complaint being sworn to under penalty of perjury to the City Attomey to return with appropriate language, placement, and advice regarding including language to require a complainant to be forthright about all individuals, including attorneys, who assisted with the complaint. Page 4 -Council Minutes August 9, ?011 1-4 DRAFT BOARD/COMMISSION/COMMITTEE REPORTS (Continued) 2.28.120(C)(2) -Complaints -Form Consensus to add language to use a rotating list to form an ad-hoc committee to review a complainant's request for confidentiality, to read " Ori a request for confidentiality, the Board of Ethics Chair shall use a rotating list to form an ad-hoc subcommittee to review complainants' request for confidentiality." 2.28.120(C)(2) -Complaints -Form Consensus to refer to staff to provide further clarification on the definition of "good cause." 2.28.140 Complaint -Prima Facie Review Consensus to refer to staff to return with advice on, and placement of, additional language to require that all individuals who have an implication or a role in a complaint be named. 2.28.140(B)(3) Complaint-Prima Facie Review Consensus to add the following sentence to follow the first sentence, "The list of pre-qualified investigators shall be selected by the Board of Ethics." 2.28.170(B) -Complaint Procedures-Decision after Hearing on the Merits Consensus to strike the sentence that reads, "Even though no misconduct is found, if facts have been revealed and which show a potential for misconduct, then in a separate action, the Board may recommend remedial actions to the City Council for appropriate action." 2.28.180(C) -Conflicts Consensus to add language to read, "Outside counsel shall be appointed by the Board of Ethics to advise the Board of Ethics regarding a complaint alleging misconduct by the City Attorney." Consensus to direct staff to review appropriate placement of language to remove the matter of the role of the City Attorney from the proposed ordinance. ACTION: Councilmember Aguilar moved to direct staff to incorporate the specific changes in a draft ordinance to come back for first reading, and to analyze and develop specific language on the referrals for analysis and consideration by the Board of Ethics, and return to the Council in 60 to 90 days for first reading of the ordinance. Deputy Mayor Ramirez seconded the motion and it carried 3-1, with Mayor Cox opposed. 8. CONSIDERATION OF PETITIONING THE CALIFORNIA LEGISLATURE TO BAN THE SALE AND POSSESSION OF DANGEROUS SYNTHETIC DRUGS Councilmember Castaneda introduced the item. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011- 157, heading read, text waived: RESOLUTION NO. 2011-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PETITIONING THE CALIFORNIA LEGISLATURE TO ADOPT AND AMEND CURRENT BILLS TO BAN SALE AND POSSESSION OF DANGEROUS SYNTHETIC DRUGS (Public Safety Council Subcommittee) Councilmember Aguilar seconded the motion and it carried 4-0. Page 5 -Council Minutes August 9, 2011 1-5 DRAFT BOARD/COMMISSION/COMMITTEE REPORTS (Continued) OTHER BUSINESS 9. CITY MANAGER'S REPORTS City Manager Sandoval commented on the success of the City's partnership with community volunteers for the Buff-a-Block graffiti removal program. He commented on the success and economic benefits to the City of the recent Junior Olympic Triathlon championships held in the City. 10. MAYOR'S REPORTS Mayor Cox made the following announcements: - In support of the City's "Buff-a-Block" program, through a grant funded by the. Home Depot Foundation, applications would be accepted through mid-September for twenty $500 Home Depot gift cards to purchase supplies for local neighborhood projects. - The Chula Vista Centennial book could be purchased at the City Hall Centennial Office and through the City's centennial website at www.chulavistal00.com. - Discount Padre tickets could be purchased at www.~adres.com/promo, with proceeds benefiting the Centennial events. 11. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez commented on his recent attendance at the memorial for San Diego Police Officer David Hall, and he extended his condolences to the family of Officer Hall. He announced a new HBO television special about one of his recent Public Office Hours meetings featuring "Super Heroes". Councilmember Aguilar expressed her gratitude and appreciation for the men and women who protect and serve our communities. ADJOURNMENT At 8:20 P.M., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on August 16, 2011, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 6 -Council Minutes ~ _ ~ August 9, 30 L 1