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Home My WebLink About2012/04/24 Item 01DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 10, 2012 3:00 P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilaz, Bensoussan, Castaneda (arrived at 3:18 p.m.), Ramirez, and Mayor Cox ABSENT: None. Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:09 p.m., the Council convened in Closed Session. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) A. Gustavo Lizaraza v. City of Chula Vista, et al., South Bay Superior Court; Case No. 37-2011-00076595-CU-CR-SC B. Eric Harris, et al. v. City of Chula Vista, et al., United States District Court, Case No. 09cv2239 JAH POR C. Donald Sinnle. et al. v. City of Alameda, et al., Los Angeles Superior Court, Case No. BC462270 D. Brentwood MHP Investors, LLC, dba as Brentwood Mobile Home Park, v. City of Chula Vista; Mobile Home Rent Review Commission, et al., San Diego Superior Court, Case No. 37-2010-00079506-CU-WM-SC ADJOURNMENT At 3:40 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on January 10, 2012 at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 1 -Council Minutes January 10, 2012 l~-~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 10, 2012 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez and Mayor Cox ABSENT: None. 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 Deputy Mayor Bensoussan led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • OATHS OF OFFICE Parks & Recreation Commission - Veronica Gerace Board of Library Trustees - Brian Young Angela Riggs City Clerk Norris administered the oaths of office to Commissioners Gerace, Young, and Riggs, and Councilmember Ramirez presented them each with a certificate of appointment. • INTRODUCTION BY DIRECTOR OF RECREATION, BUCK MARTIN, OF EMPLOYEE OF THE MONTH MANUEL GONZALEZ, AQUATIC SUPERVISOR III Recreation Director Martin introduced employee of the month, Manuel Gonzalez. Mayor Cox read the proclamation and Deputy Mayor Bensoussan presented it to Mr. Gonzalez. CONSENT CALENDAR (Items 1-6) APPROVAL OF MINUTES of August 2, and 4, 2011. Staff recommendation: Council approve the minutes. Page 1 -Council Minutes / January 1 Q 2012 (~~~ DRAFT CONSENT CALENDAR (Continued) 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.10, "AMBULANCES" TO REMOVE OUTDATED PROVISIONS, ELIMINATE LIMITS ON TRANSPORT RATES, AND MAKE OTHER CONFORMING CHANGES (FIRST READING) (City Attorney) Staff recommendation: Council place the ordinance on first reading. 3. RESOLUTION NO. 2012-001, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $50,000 BY THE CHULA VISTA PUBLIC LIBRARY FOUNDATION TO SUPPORT THE CONSTRUCTION AND FURNISHING OF THE OTAY RANCH STOREFRONT LIBRARY BRANCH AT OTAY RANCH TOWN CENTER AND APPROPRIATING THE DONATION TO THE LIBRARY DEPARTMENT (4/STHS VOTE REQUIRED) (Library Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2012-002, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NICHOLS CONSULTING ENGINEERS, CHARTERED, FOR PAVEMENT TESTING AND MANAGEMENT SERVICES (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12, GREEN BUILDING STANDARDS, OF THE CHULA VISTA MUNICIPAL CODE, ADDING SECTION 15.12.030, COOL ROOF (FIRST READING) (Assistant City Manager/Development Services Director) Staff recommendation: Council place the ordinance on first reading. 6. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE RELATING TO GRADING PERMITS WITHIN TIDALLY INFLUENCED AREAS (FIRST READING) (Assistant City Manager/Development Services Director) Staff recommendation: Council place the ordinance on first reading. ACTION: Mayor Cox moved to approve staff's recommendations on Consent Calendar Items 1-6, headings read, text waived. Deputy Mayor Bensoussan seconded the motion and it carried 5-0. Page 2 -Council Minutes January 1Q 2012 /P-Z DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Larry Breitfelder, representing Chula Vista Taxpayers Association, commented on the recent Supreme Court's decision to uphold its abolition of Redevelopment Agencies, and he suggested that the Council reconsider its prior action to forgo fees to developers for development in parts of western Chula Vista. Earl Jentz, Chula Vista resident, asked the Council to reconsider its Council Policy suspending fees to developers in redevelopment areas, stating that this would jeopardize the City's General Fund as a result of the recent Supreme Court ruling to abolish Redevelopment Agencies. Lynda Carrington, Chula Vista resident, asked the Council to consider developing and implementing a long term plan to alleviate homelessness in the City. Items 8, 9, and 10 were taken out of order and addressed at this time. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Sandoval made the following announcements: • A Council Workshop was scheduled for January 12, 2012 on the subject of audited financial statements for fiscal year ended June 30, 2011; and fiscal year 2011/2012 update of the City's fiscal recovery and progress plan. The Council Meeting scheduled for January 17, 2012 was cancelled. Assembly Bill 26 to abolish Redevelopment Agencies was upheld by the Courts, and Assembly Bill 27 was found to be unconstitutional. City Manager Sandoval gave a brief report on the current status of the City's Redevelopment Agency, and stated that a report to the Council was scheduled for the January 24, 2012 Council meeting. 9. MAYOR'S REPORTS ^ Appointments to Outside Agencies This item was continued to the meeting of January 21, 2012. Mayor Cox announced that an update on Port matters by Port Commissioner Moore, was scheduled for the Council Meeting of January 24, 2012. Pale 3 -Council Minutes January 10, 2012 /I,3 3 DRAFT OTHER BUSINESS (Continued) 10. COUNCILMEMBERS' COMMENTS Deputy Mayor Bensoussan made the following announcements: • The Centennial Art exhibits would remain in City Hall until January 12, 2012. • A Ribbon cutting reception was scheduled for January 15, 2012, at the Chula Vista Marina, 550 Marina Pazkway, at 4:00 p.m., for the opening of the South Bay Front Artists Gallery. • A public meeting was scheduled by SANDAG for January 26, 2012 at 11:30 a.m., on the matter of proposed SDG&E rate increases. • A public forum about Human Trafficking was scheduled for January 12, 2012, from 8:00 a.m. to 2:00 p.m. in the Council Chambers. City Attorney Googins gave a brief update on public outreach by the Charter Review Commission, regazding district elections. Item 7 was taken out of order and addressed at 430 p.m., as noticed. ACTION ITEMS 7. FOLLOW UP PRESENTATION BY THE CHULA VISTA CHAMBER OF COMMERCE ON THE OPERATIONS, STRATEGIC GOALS AND OBJECTIVES, AND FINANCIAL REPORT OF THE CHULA VISTA TOURISM MARKETING DISTRICT City Manager Sandoval introduced the item. Director of Economic Development Meacham presented the proposed agreement Lisa Cohen, CEO, Chula Vista Chamber of Commerce, presented the Chula Vista Chamber of Commerce report on the operations, strategic goals and objectives, and financial report of the Chula Vista Tourism Marketing District. Pie Roque, Chula Vista resident, spoke in support of staffs recommendation. Rajesh Jaiswal, Chula Vista resident, representing the Palomar Inn, spoke in opposition to the Chamber of Commerce running the Tourism and Marketing District (TMD). He stated that the City should run the TMD, and that the City should cease all funding to the Chamber of Commerce. Todd Galarneau, representing McMillin Companies, spoke in support of staff's recommendation, and stated that marketing is essential to bring more business to the City. Page 4 -Council Minutes y~ [~ January 1Q, 2012 lGi'/ DRAFT ACTION ITEMS (Continued) ACTION: Councilmember Aguilaz moved to direct staff to temporarily stop the disbursement of funds to the hotels and motels, maintain the funds in an escrow account, and return to the Council at a future date. Councilmember Castaneda seconded the motion with a request for amendment of the motion to include continued operation of the Chula Vista Visitors Center with funding as proposed in the TMD budget. ACTION: Councilmember Aguilar amended the motion to modify the list of TMD activities to remove all items except the Chula Vista Visitor Center operations, and to direct the City Manager and City Attorney to prepare the appropriate resolution for the modifications. Councilmember Castaneda seconded the motion. ACTION: Mayor Cox moved to accept the report and adopt the resolution, with the caveat that in the next six months, a greater effort is made to involve the owners and managers of independent motels in the City. Deputy Mayor Bensoussan seconded the motion. ACTION: Mayor Cox moved to amend the motion to bring back an amendment to the contract within 60 days, at which time, share some of the activities by the Chamber of Commerce regarding outreach to hotel and motel owners. Deputy Mayor Bensoussan seconded the motion. Mayor Cox announced a meeting recess at 8:09 p.m. The meeting reconvened at 8:24 p.m. with all members present. ACTION: Mayor Cox moved to amend the motion to accept the report and approve the resolution with the caveat that staff work with the Chamber of Commerce and come back to the Council in 30 days with an amendment to the contract. Deputy Mayor Bensoussan seconded the motion. ACTION: Mayor Cox moved to accept the report. Deputy Mayor Bensoussan seconded the motion and it carried 3-2, with Councilmembers Aguilar and Castaneda voting no. ACTION: Mayor Cox moved to direct staff to work with the Tourism Marketing District et. al., on an amendment to the contract, and to come back to the Council with a resolution indicating an amendment. ACTION: Councilmember Ramirez moved to table further discussion on the item until late February 2012, to allow the City Attorney to meet with all interested parties to negotiate. Mayor Cox seconded the motion and it carried 5-0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CHULA VISTA CHAMBER OF COMMERCE/CONVENTION AND VISITORS BUREAU, ACTING AS THE DESIGNATED OWNER'S ASSOCIATION FOR THE TOURISM AND MARKETING DISTRICT, AND THE CITY OF CHULA VISTA FOR THE ADMINISTRATION AND IMPLEMENTATION OF ACTIVITIES AND IMPROVEMENTS DESCRIBED IN THE MANAGEMENT DISTRICT PLAN (Director of Economic Development and Director of Finance/Treasurer) Page 5 -Council Minutes January 1Q, 2072 l~-5 DRAFT OTHER BUSINESS 8. CITY MANAGER'S REPORTS This item was addressed prior to Action Items. 9. MAYOR'S REPORTS This item was addressed prior to Action Items. 10. COUNCILMEMBERS COMMENTS This item was partially addressed prior to Action Items. Councilmember Ramirez suggested that the City Manager provide a report to the Council on any outstanding Council referrals to staff in 2011. Councilmember Aguilar suggested having staff return to the Council with a report on the status of City projects slated for Redevelopment funding that was no longer available. City Manager Sandoval responded that staff would provide a report to the Council on January 24, 2012. ADJOURNMENT At 8:55 p.m., Mayor Cox adjourned the meeting to a Special City Council and Redevelopment Agency Workshop on January 12, 2012, at 4:00 p.m., in the Council Chambers. ----~'- Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 6 -Council Minutes ~~~_/ January 1Q 2012 DRAFT MINUTES OF SPECIAL MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA January 12, 2012 4:00 P.M. Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 4:07 p.m. in the Police Department Community Room, 315 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Council/Agency Members: Aguilaz, Bensoussan, Ramirez (arrived at 4:10 p.m.), and Mayor/Chair Cox ABSENT: Council/Agency Member Castaneda ALSO PRESENT: City Manager Sandoval, City Attorney/Agency Counsel Googins, City Clerk Norris, and Sr. Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Aguilar led the Pledge of Allegiance. 1. CONSIDERATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2011 (Director of Finance/Treasurer) City Manager Sandoval introduced Items 1 and 2. Kenneth Pun, CPA, representing Caporicci & Lazson, Inc., auditor for the City, presented the results of the City's audit for the year ended June 30, 2011 ACTION: Mayor/Chair Cox moved to accept the report. Deputy Mayor Bensoussan seconded the motion and it carried 4-0. 2. FISCAL YEAR 2011/2012 UPDATE AND PRESENTATION OF FISCAL RECOVERY AND PROGRESS PLAN Finance Director Kachadoorian presented the status of the fiscal year 2011/2012 budget; she provided the fiscal year 2012/2013 preliminary baseline budget, noting a projected $3 million deficit. She provided afive-yeaz forecast for 2013 through 2017, provided information on the fiscal recovery and progress plan, and described next steps towards fiscal recovery. City Manager Sandoval stated that staff would return to Council with an update on the budget in Mazch. He then presented information about the Park Ranger program, Police Department staffing levels, and community services and volunteer patrol programs. Page 1 -Council/RDA Minutes / /I January 12, 2012 /n'/ DRAFT ACTION: Mayor/Chair Cox moved to accept the report. Deputy Mayor Bensoussan seconded the motion and it carried 4-0. ADJOURNMENT At 6:07 p.m., Mayor/Chair Cox adjourned the meeting to the next Regular City Council Meeting on January 24, 2012 at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Sr. Deputy City Clerk Page 2 -Council/RDA Minutes January 12, 2012 ~c-z