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HomeMy WebLinkAboutcc min 2012/02/14MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 14, 2012 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00 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 Noms, and Sr. Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Employees of the month Mike Jensen and Norma Frank led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • OATHS OF OFFICE -Mario Fragomeno, Design Review Board - David Danciu, Growth Management Oversight Commission City Clerk Noms administered the oath of office to Commissioners Danciu and Fragameno, and Deputy Mayor Castaneda presented them each with a certificate of appointment. • INTRODUCTION BY DIRECTOR OF INFORMATION TECHNOLOGY KELLEY BACON OF EMPLOYEES OF THE MONTH MIKE JENSEN, INFORMATION TECHNOLOGY SUPPORT SPECIALIST AND NORMA FRANK, WEBMASTER Human Resources Director Bacon introduced the Information Technology Department's employees of the month, Norma Frank and Mike Jensen. Mayor Cox read the proclamations and Councilmember Bensoussan presented them each with a proclamation. • PRESENTATION BY CHULA VISTA LIBRARY DIRECTOR BETTY WAZNIS ANNOUNCING ROLLING READERS' SHARE YOUR LOVE OF READING DAY ON TUESDAY, FEBRUARY 14, 2012 Library Director Waznis introduced Susan Fiske-Koehler, representing Rolling Readers USA, who spoke about the organization's partnership with the City's Literacy program. Page 1 -Council Minutes February 14, 2012 SPECIAL ORDERS OF THE DAY (Continued) • PRESENTATION BY THE CHULA VISTA NATURE CENTER AND THE MARINE GROUP BOAT WORKS Dr. Brian Joseph, Executive Director of the Chula Vista Nature Center spoke about the Center's partnership with Mazine Boat Works, and introduced Todd Roberts, Vice President of Marine Boat Works. • PRESENTATION ON THE CITY'S APARTMENT SAFETY PROJECT BY DEPUTY CITY ATTORNEY CAROL TRUJILLO City Attorney Googins introduced Deputy City Attorney Trujillo, who presented information about the City's Apartment Safety Project. • PRESENTATION BY THE ECONOMIC DEVELOPMENT AND FINANCE DEPARTMENTS ON THE BUSINESS ASSISTANCE TOOL KIT City Manager Sandoval introduced Director of Economic Development Meacham who gave an introduction about the program. Cindy Gompper-Graves, representing South County Economic Development Council presented information about the Feet on the Street Program, a program to advertise local businesses. CONSENT CALENDAR (Items 1-10) Item 6 was removed from the Consent Calendaz by members of the public for separate consideration. 1. APPROVAL OF MINUTES of August 16 and 26, 2011 and September 13, 16 and 20, 2011. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from John A. Serrano, Park and Recreation Commission. Staff recommendation: Council accept the resignation. 3. ORDINANCE NO. 3223, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 12.24 OF THE MUNICIPAL CODE RELATING TO THE THRESHOLDS FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS (SECOND READING AND ADOPTION) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the ordinance. Page 2 -Council Minutes February 14, 2012 CONSENT CALENDAR (Continued) 4. ORDINANCE NO. 3224, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE TWO .26 ACRE PARCELS LOCATED TO THE REAR OF THE FRESH AND EASY NEIGHBORHOOD MARKET AT THE NORTHEAST CORNER OF THIRD AVENUE AND J STREET FROM R] (SINGLE- FAMILY RESIDENTIAL) TO R2 (ONE AND TWO FAMILY RESIDENTIAL) (SECOND READING AND ADOPTION) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the ordinance. 5. ORDINANCE NO. 3225, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH VILLAGE 2 PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR NEIGHBORHOODS R-4B, R-6, R-8B AND R-9B (SECOND READING AND ADOPTION) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the ordinance. 6. This item was removed from the Consent Calendar. 7. RESOLUTION NO. 2012-016, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR A SUSTAINABLE COMMUNITIES PLANNING GRANT FOR THE MAIN STREET STREETSCAPE MASTER PLAN, I-5 TO I-805 (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2012-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN OFFER FROM THE OTAY WATER DISTRICT TO PURCHASE EASEMENTS ACROSS CITY OWNED LAND FOR WATER PIPELINE (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. A. RESOLUTION NO. 2012-018, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2012, FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION (City Clerk) Pale 3 -Council Minutes February 14, 2012 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2012-019, 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 GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 5, 2012 (City Clerk) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2012-020, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $7,500 FROM THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2011/2012 BUDGET OF THE POLICE GRANT FUND (4/STHS VOTE REQUIRED) (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve Consent Calendaz Items 1 through 5, and 7 through 10, headings read, text waived. Councilmember Bensoussan seconded the motion, and it cazried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION NO. 2012-015, RESLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MOBILEHOME PARK SPACE -RENT REVIEW ADMINISTRATIVE FEE REGULATIONS (Assistant City Manager/Director of Development Services) -This item continued from January 24, 2012. Staff recommendation: Council adopt the resolution. Theresa Acerro, Chula Vista resident, spoke in opposition to the proposed resolution. Sue Loftin, representing Chula Vista Pazk Owners Association, spoke on behalf of the Association in support of the proposed resolution. Jerry Fick, Chula Vista resident, did not speak but submitted a speaker slip in support of the proposed resolution. Amy Epsten, San Diego resident, did not speak but submitted a speaker slip in support of the proposed resolution. Penny Vaughn, Chula Vista resident, spoke in favor of the proposed resolution. ACTION: Mayor Cox moved to adopt Resolution No. 2012-015, heading read, text waived. Councilmember Bensoussan seconded the motion and it carried 4-1, with Deputy Mayor Castaneda opposed. Page 4 -Council Minutes February 14, 2012 ACTION ITEMS Item 13 was taken out of order. 13. REPORT REGARDING REAL ESTATE FRAUD AND CRIMINAL TRESPASS ACTIVITIES AT VACANT PROPERTIES AND ONGOING MEASURES TO MITIGATE SAME (City Attorney) Staff recommendation Council accept the report and provide further direction to staff as appropriate. City Manager Sandoval presented an update about the current real estate fraud case in the City, and the City's responsibility on the matter. City Attorney Googins presented information about ongoing issues and actions in response to the real estate fraud and criminal trespass activities in the City. Captain Ficacci spoke about the role of the Police Department on the matter. Deputy City Attorney Hawkins described the criminal prosecution process. Assistant City Manager/Development Services Director Hallbert, presented information about requirements of the City's Residential Abandoned Property Program for securing vacant or abandoned properties. Bill Gersten, Chula Vista resident, stated his concern about ongoing criminal activity, and he offered suggestions on ways to address the issues. Richard D'Ascoli, representing the Pacific Southwest Association of Realtors, suggested increased police presence and patrols in affected neighborhoods and stated that more needed to be done to secure the abandoned and vacant properties. ACTION: Councilmember Ramirez moved to accept the report and direct staff to contact all agencies involved on issue to coordinate a meeting to bring comprehensive attention to the problem. Councilmember Aguilar seconded the motion and it carried 5-0. Mayor Cox announced a meeting recess at 6:58 p.m. The meeting reconvened at 7:24 p.m., with all members present. PUBLIC HEARINGS 11. CONSIDERATION OF WAIVING A MINOR IRREGULARITY IN THE BID RECEIVED FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP PROJECT NO. STL362)" PER CITY CHARTER SECTION 1009 (Assistant City Manager/Director of Development Services and Director of Public Works) Page 5 - Counci] Minutes February 14, 2012 PUBLIC HEARINGS (Continued) City Manager Sandoval introduced the item. Mayor Cox opened the public heazing. The following members of the public spoke in opposition to reduced funding for a Library Park in the Southwest: Theresa Acerro, Chula Vista resident Jerry Thomas, Chula Vista resident Willazd Howard, Chula Vista resident, stated that costs for Third Avenue improvements should be decreased, and suggested traffic improvements for the beautification of Third Avenue. There being no further members of the public who wished to speak, Mayor Cox closed the public heazing. ACTION: Mayor Cox moved to continue the item to a Council Meeting in March 2012. Deputy Mayor Castaneda seconded the motion. Deputy City Attorney Silva advised Councilmember Ramirez to abstain from voting on the continuance due to the proximity of property he owns to the subject property. City Manager Sandoval suggested continuing the item to the meeting of February 28, 2012. If needed, an additional continuance would be requested at that time. ACTION: Mayor Cox moved to amend the motion to schedule the item for February 28, 2012. Deputy Mayor Castaneda seconded the motion and it carried 4-0-1, with Councilmember Ramirez abstaining. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A FINANCIAL COMMITMENT FROM THE THIRD AVENUE VILLAGE ASSOCIATION (TAVA) FOR THE THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP NO. STL-362) OF UP TO $100,000 IN CASH OR A COMBINATION OF CASH AND A REDUCTION IN THE SCOPE OF THE THIRD AVENUE VILLAGE SIGN PROGRAM INCLUDED IN THE BASE BID FOR THE FIRST PHASE OF CONSTRUCTION BETWEEN "H" STREET AND STATION 28+50 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INTER-PROJECT TRANSFER OF $840,000 TO THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP PROJECT NO. STL-362)" FROM THE "ORANGE AVENUE LIBRARY PARK (CIP PROJECT NO. PR-311)" PROJECT (4/STHS VOTE REQUIRED) Page 6 -Council Minutes February 14, 2012 PUBLIC HEARINGS (Continued) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR IRREGULARITY IN THE BID RECEIVED FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (CIP PROJECT NO. STL-362)" PER CITY CHARTER SECTION 1009, ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE 1, FROM STATION 28+50 SOUTH OF CENTER STREET TO "H" STREET (CIP PROJECT NO. STL-362)," TO 3-D ENTERPRISES, INC. OF SAN DIEGO IN THE BASE BID AMOUNT OF $4,296,999.90, AND WAIVING CITY COUNCIL POLICY NO. 574-01 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS UP TO A NET CUMULATIVE AMOUNT OF $283,103.10 D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO APPLY FOR ADDITIONAL TRANSNET SMART GROWTH AND OTHER GRANT FUNDS IN ORDER TO COMPLETE THE THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT FROM APPROXIMATELY STATION 28+50 TO "F" STREET AND/OR "E" STREET, AS APPROPRIATE PUBLIC COMMENTS There were none. BOARD AND COMMISSION REPORTS 12. CONSIDERATION OF CHARTER REVIEW COMMISSION REPORT AND RECOMMENDATION REGARDING AMENDING THE CHARTER TO PROVIDE FOR DISTRICT ELECTIONS (City Attorney and Charter Review Commission) Staff recommendation The Charter Review Commission report details the Commission's recommendation that the City proceed with a Charter amendment to provide for district elections. Staff recommends that the City Council accepts the Report and provide direction to the Commission and staff, as the Council deems appropriate. Assistant City Attorney Maland presented an overview of the report and provided the Council with the options it would need to consider prior to placing the matter on the ballot. Randy Bellamy, Charter Review Commission Chairperson, presented the commission's recommendation to place the matter of converting to district elections on the ballot. He highlighted findings from the commission's community outreach efforts as well as the points that led the commission to its recommendation. Pale 7 -Council Minutes February 14, 2012 BOARDS AND COMMISSIONS REPORTS (Continued) The following members of the public spoke in support of placing the matter of district elections on the ballot: Theresa Acerro, Chula Vista resident JoAnn Fields, Chula Vista resident, representing Filipino American Caucus of San Diego County Jerry Thomas, Chula Vista resident Willazd Howazd, Chula Vista resident ACTION: Councilmember Aguilar moved to support the recommendation by the Charter Review Commission to place the matter of District Elections on the November 2012 ballot, with all ancillary issues to be addressed at a later time. Councilmember Ramirez seconded the motion and it tamed 3-2, with Mayor Cox and Councilmember Bensoussan voting no. ACTION: Mayor Cox moved to accept the Charter Review Commission report. Councilmember Ramirez seconded the motion and it carried 5-0. ACTION ITEMS Item 13 was taken out of order and addressed prior to Public Hearings. 13. REPORT REGARDING REAL ESTATE FRAUD AND CRIMINAL TRESPASS ACTIVITIES AT VACANT PROPERTIES AND ONGOING MEASURES TO MITIGATE SAME (City Attorney) Staff recommendation: Council accept the report and provide further direction to staff as appropriate. OTHER BUSINESS 14. CITY MANAGER'S REPORTS City Manager Sandoval made the following announcements: - The next Council meeting was scheduled for Februazy 28, 2012. - Public Meetings would be scheduled on Februazy 21, 2012 and February 23, 2012, at the Otay Ranch Town Center, inviting the public to participate in discussions on ideas for additional revenue sources for the City. - He recognized School Resource Officer Sante Rosario, who initiated a local program working with police colleagues and local vendors, to provide shoes and socks to school children. Page 8 -Council Minutes February 14, 2012 OTHER BUSINESS (Continued) Mayor Cox announced a meeting recess at 9:11 p.m. The meeting reconvened at 9:15 p.m., with all members present. 15. MAYOR'S REPORTS A. Ratification of appointment of Tom O'Donnell to the Charter Review Commission. B. Ratification of appointment of Marco Torres to the Mobilehome Rent Review Commission. C. Ratification of appointment of the following to the Historic Preservation Commission: Georgie Stillman (Qualified Professional) Gary Fink (Qualified Professional) Eric Fotiadi (Qualified Professional) Dr. Steven Schoenherr (Qualified Professional) Hannelore Inman (Realtor) Kevin O'Neill (General Member) Leonardo Sison (General Member) ACTION: Mayor Cox moved to approve the appointment of the individuals in Item 15 A, B and C. Councilmember Bensoussan seconded the motion and it carried 5-0. 16. COUNCILMEMBERS' COMMENTS A. Councilmember Castaneda: Council discussion of prioritizing funding for the Chula Vista Police Department Domestic Violence Strike Team, previously funded by the State of California Emergency Management Administration (CalEma) Law Enforcement Victims' Services Grant. Deputy Mayor Castaneda referred to staff, with Council consensus, to schedule for the February 28, 2012 Council Meeting, discussion regarding funding sources for continued operation of the Police Department Domestic Violence Strike Team Program. B. Councilmember Aguilar: Identification of possible measure(s) for the June 2012 ballot, and consideration of placing an item on an upcoming City Council agenda to discuss those measure(s) and to consider having one or more of them placed on the June 2012 ballot. Councilmember Aguilar referred to staff, with Council consensus, to place the following ballot measures for discussion on the February 28, 2012 Council agenda: - Infrastructure bond - Protecting Parks Page 9 -Council Minutes February 14, 2012 OTHER BUSINESS (Continued) Councilmember Castaneda referred to staff, with Council consensus, a measure to modify language regazding the elected City Attorney position. Councilmember Aguilar stated that her office would be holding breakfast open office hours, and she invited the public to the first meeting scheduled on Februazy 16, 2012, at Jimmy's at the Pazk Restaurant, 333 Third Avenue, from 7:30 a.m. to 9:00 a.m., to discuss the topic of district elections. She announced that subsequent breakfast meetings would be held on the third Thursday of each month. Councilmember Aguilar refereed to staff, with Council consensus, to work through City Manager for staff assistance with preliminary outreach to pursue the idea of working with restaurants along Broadway to investigate the feasibility of establishing a business improvement district. Councilmember Ramirez referred to staff, with Council consensus, to schedule for the February 28, 2012 Council agenda, consideration of a letter or support for legislation regazding enhanced driver's licenses, and its submittal to the State Assembly. He announced his next Public Office Hours on the first Monday of February, to address Infrastructure Financing Districts. Councilmember Bensoussan commented on the success of the recent Heart on Center art fair event. City Attorney Googins recognized the members of the Charter Review Commission for its good work regazding the matter of District Elections. ADJOURNMENT At 10:33 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on Februazy 21, 2012, at 4:00 p.m., in the Council Chambers. Donna R. Norris, CMC, City Clerk Page ]0 - Counci] Minutes February 14, 2012