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HomeMy WebLinkAboutcc min 2012/03/13MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 13, 2012 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilaz, Bensoussan, Castaneda, Ramirez and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Senior Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Senior Public Works Specialist Rodriguez led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • INTRODUCTION BY DIRECTOR OF PUBLIC WORKS RICHARD HOPKINS, OF EMPLOYEE OF THE MONTH NORMA RODRIGUEZ, SENIOR PUBLIC WORKS SPECIALIST Public Works Director Hopkins introduced employee of the month, Norma Rodriguez. Mayor Cox read the proclamation and Deputy Mayor Castaneda presented it to Ms. Rodriguez. • PRESENTATION BY DIRECTOR OF PUBLIC WORKS RICHARD HOPKINS, OF THE CENTER FOR EMPLOYMENT OPPORTUNITIES PROGRAM Representatives from the Center for Employment Opportunities Bill Heizer, Director of California Operations, and Kiara Ozen, San Diego Community Director, made a presentation regazding the employment programs offered by the organization. • PRESENTATION BY ASSISTANT CITY MANAGER/DIRECTOR OF DEVELOPMENT SERVICES GARY HALBERT, OF A DISTINGUISHED BUDGET AWARD FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION FOR EXCELLENCE IN BUDGETING TO FINANCE DIRECTOR MARIA KACHADOORIAN Councilmember Bensoussan presented Finance Director Kachadoorian and Budget and Analysis Manager Aguilar, with the Distinguished Budget award. Page 1 -Council Minutes March 13, 2012 • PRESENTATION BY ASSISTANT DIRECTOR OF FINANCE PHIL DAMS AND DEVELOPMENT PLANNING MANAGER MARY LADIANA, OF THE CITY'S GRANT SOFTWARE, eCivis, A GRANT RESEARCH AND MANAGEMENT TOOL Assistant Director of Finance Davis presented information about the eCivis grant-management tool available for City use. CONSENT CALENDAR Items 3, 5, and 14 were removed from the Consent Calendaz for separate consideration. 1. APPROVAL OF MINUTES of September 27, October 4, 6, 2011. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Georgie Stillman, Resource Conservation Commission. B. Letter of resignation from Shauna Stokes, Board of Library Trustees. Staff recommendation: Council accept the resignations. 3. This item was removed from the Consent Calendar. 4. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED DECEMBER 31, 2011 RESOLUTION NO. 2012-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2011/2012 BUDGET AND APPROPRIATING FUNDS THEREFOR. Staff recommendation: Council accept the report and adopt the resolution. 5. This item was removed from the Consent Calendaz 6. RESOLUTION NO. 2012-034 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY 220-O1, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AND AMENDING THE EXISTING POLICY Staff recommendation: Council adopt the resolution and accept the report. Page 2 -Council Minutes Mazch 13, 2012 7. RESOLUTION NO. 2012-035 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO PARTICIPATE IN THE STATE AND FEDERAL SURPLUS PROPERTY PROGRAM Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2012-036 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING PRELIMINARY ENGINEERING DESIGN, ENVIRONMENTAL, AND TRAFFIC ANALYZING ACTIVITIES ON THE STATE ROUTE 125 FUTURE INTERCHANGES AT MAIN STREET AND OTAY VALLEY ROAD Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2012-037 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SUBDIVISION MANUAL (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2012-038 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT, AUTHORIZING THE POLICE DEPARTMENT TO CONTRACT WITH VALLEY HEALTHCARE SYSTEMS INC AND SOUTH COAST MEDICAL CLINIC AND APPROPRIATING $74,000 TO THE FISCAL YEAR 2011/2012 POLICE DEPARTMENT BUDGET FOR JAIL MEDICAL SERVICES (4/STHS VOTE REQUIRED) (Police Chief) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2012-039 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2012 BUDGET (1) TO APPROPRIATE $6,000 IN GREENHOUSE GAS INVENTORY INCENTIVES TO THE CONSERVATION SECTION BUDGET AND (2) TO APPROPRIATE $1,500 IN LANDSCAPE WATER USE EFFICIENCY INCENTIVES TO THE PARKS DIVISION BUDGET Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2012-040 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING A $195,673.00 DESIGN BUILD AGREEMENT WITH ALPHA MECHANICAL FOR THE "NORMAN PARK SENIOR CENTER HVAC SYSTEM RETROFIT PROJECT" (GG219) Staff recommendation: Council adopt the resolution. Page 3 -Council Minutes March ]3, 2012 13. RESOLUTION NO. 2012-041 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $466,000 FROM THE GENERAL FUND RESERVE FOR FISCAL YEAR 2012 TO THE EXISTING CAPITAL IMPROVEMENT PROJECT DR189, FOR CONSTRUCTION OF BONITA CANYON REPAIRS, ENVIRONMENTAL PERMITTING FEES, AND ASSOCIATED CONSULTANT SERVICES, AND APPROVING CERTAIN ADDITIONAL SERVICES IN ACCORDANCE WITH ARTICLE I OF THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY IN THE AMOUNT OF $38,000 Staff recommendation Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz items 1, 2, 4, and 6 through 13, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carved 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. This item was taken out of order and addressed after Item 19. 5. This item was taken out of order and addressed after Item 14. Item I4 was taken out of order and discussed at this time. 14. RESOLUTION NO. 2012-042 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF GRANT APPLICATIONS FOR STATE-LEGISLATED SAFE ROUTES TO SCHOOL FUNDING CYCLE 10 TO IMPROVE PEDESTRIAN AND BICYCLE FACILITIES AT TWO ELIGIBLE LOCATIONS Deputy City Attorney Miller stated that Councilmember Ramirez could participate in discussion and action on this item since his residence was more than 500 feet from the proposed facilities.. ACTION: Mayor Cox moved to adopt Resolution No. 2012-042, heading read, text waived. Councilmember Castaneda seconded the motion, and it carried 5-0. Item 5 was taken out of order and discussed at this time. 5. RESOLUTION NO. 2012-033 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA FRANCHISE TAX BOARD AND THE CITY OF CHULA VISTA TO EXCHANGE TAX DATA SPECIFIC TO CITY BUSINESS LICENSE INFORMATION AS AUTHORIZED IN SECTION 19551.1 OF THE CALIFORNIA REVENUE AND TAXATION CODE, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT Page 4 -Council Minutes March 13, 2012 ACTION: Mayor Cox moved to adopt Resolution 2012-033, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. PUBLIC COMMENTS Public Comments were taken out of order and discussed at this time. Gloria Escalera, Chula Vista resident, thanked the Council for its support of the Norman Park Senior Center. Theresa Acerro, representing the Southwest Chula Vista Civic Association, spoke in support of park funding. Public comments were continued following Item 19. ACTION ITEMS Item 19 was noticed as time certain for 5:00 p.m. and was taken out of order. 19. CONSIDERATION OF APPROVING AN AGREEMENT BETWEEN THE CHAMBER OF COMMERCE AND THE CITY OF CHULA VISTA FOR THE TOURISM AND MARKETING DISTRICT Director of Economic Development Meacham presented an update on the Tourism and Marketing District Committee Responsibilities. ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2012- 049, with revisions to the agreement regarding liabilities, heading read, text waived. Councilmember Aguilaz seconded the motion, and it carried 5-0. RESOLUTION NO. 2012-049 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 OWNERS' 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 ITEMS REMOVED FROM THE CONSENT CALENDAR (CONTINUED) Following discussion of Item 19, the Council resumed discussion of Items Removed from the Consent Calendar. Page 5 -Council Minutes March 13, 2012 CONSIDERATION OF AN ORDINANCE OF THE CITY OF CHULA VISTA REVISING TITLE 6, ANIMALS, OF THE MUNICIPAL CODE AND ADDING NEW SECTION 6.01, DEFINITIONS; SECTION 6.22, MANDATORY SPAY/NEUTERING; SECTION 6.32, MICROCHIPPING; AND SECTION 6.33, GENERALLY The following members of the public spoke in opposition of the ordinance: • Joan Miller, representing Cat Fancier's Association Henry Heil, representing Greater San Diego Whippet Association ^ Georjean Jensen, Chula Vista resident ^ Dr. Kay Henderson, representing Del Sur Kennel Club Peter Keys, representing Cat Fancier's Association Dianne Bauen submitted written documentation opposing the ordinance but declined to speak. ACTION: Mayor Cox moved to adopt the following Ordinance No. 3226, heading read, text waived. Deputy Mayor Ramirez seconded the motion, and it tamed 5-0. ORDINANCE NO. 3226 OF THE CITY OF CHULA VISTA REVISING TITLE 6, ANIMALS, OF THE MUNICIPAL CODE AND ADDING NEW SECTION 6.01, DEFINITIONS; SECTION 6.22, MANDATORY SPAY/NEUTERING; SECTION 6.32, MICROCHIPPING; AND SECTION 6.33, GENERALLY At 6:27 p.m., Mayor Cox recessed the meeting. The meeting reconvened at 6:54 p.m. with all Councilmembers present. PUBLIC COMMENTS (Continued) Willazd Howazd, Chula Vista resident, requested information on the progress of a potential park on Orange and Fourth Avenues. Mazk Croshier, Chula Vista resident, spoke in opposition of the ballot initiative regarding the City Attorney. The following members of the public spoke in support of additional discussion of the ballot initiative regarding the City Attorney: • Kevin ONeill, Chula Vista resident John Moot, Chula Vista resident ^ London Meservy, Chula Vista resident ^ Mary Salas, Chula Vista resident PUBLIC HEARINGS Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Page 6 -Council Minutes Mazch 13, 2012 15. CONSIDERATION OF RESOLUTIONS RELATING TO THE THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT (C1P PROJECT NO. STL362) Mayor Cox opened the public hearing. Mark Croshier submitted written remarks regarding item 15. Willard Howard, Chula Vista resident, spoke in support of using general fund reserves only for funding of this item. Jovita Juarez, representing Third Avenue Village Association, read letters from Adam Sparks and John Mendez, in support of the proposed project. Betsy Keller, representing Third Avenue Village Association, spoke in support of the proposed project. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Castaneda moved to adopt the following Resolution Nos. 2012- 043, 2012-044, 2012-045, and 2012-04, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. A. RESOLUTION NO. 2012-043 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. STL362) 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 NO. 2012-044 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO IDENTIFY FUNDING OF $840,000 FROM THE GENERAL FUND RESERVES, OR OTHER AVAILABLE FUNDING SOURCES, FOR THE "THIRD AVENUE STREETSCAPE PROJECT (CIP PROJECT NO. STL362) IN THE FISCAL YEAR 2012/2013 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET C. RESOLUTION NO. 2012-045 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. STL362)" PER CITY CHARTER SECTION 1009, ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE 1, FROM STA 28+50 SOUTH OF CENTER STREET TO 'H' STREET (CIP PROJECT NO. STL362)," Page 7 -Council Minutes March 13, 2012 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 NO. 2012-046 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 STA 28+50 TO "F" STREET AND/OR "E" STREET, AS APPROPRIATE 16. PUBLIC HEARING TO REVIEW OF THE CITY OF CHULA VISTA 2012/2013 FUNDING RECOMMENDATIONS FOR THE HOUSING AND URBAN DEVELOPMENT FEDERAL GRANT PROGRAMS (COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP PROGRAM AND EMERGENCY SOLUTIONS GRANT) Redevelopment and Housing Manager Mills presented the 2012-2013 funding recommendations for the Housing and Urban Development Federal Block Grant programs. Mayor Cox opened the public hearing. Ralph Plumb, representing Lutheran Social Services, thanked the Council for its past support of Project Hand and expressed concern about lack of future funding for the program. Daniel Alcana, Chula Vista resident, expressed support of comments made by Mr. Plumb. Mauricio Torres, representing South Bay Community Services, spoke in support of funding for the agency. Rena Precilia, participant in programs through South Bay Community Services, spoke in support of continued funding of South Bay Community Services. Ben Avey, representing Family Health Centers of San Diego, thanked the Council and staff, and spoke in support of continued funding for the agency. Richard Bergan, stated he was speaking on behalf of Jim Richazdson from International Christian Center. He thanked the Council for continued funding. Judith S., Chula Vista resident, spoke in support of continued funding for South Bay Community Services. James Richazdson, representing the International Christian Center, provided information on the programs offered and thanked the Council for its continued funding. Page 8 -Council Minutes March 13, 20]2 Johnny B., homeless advocate, encouraged continued funding for organizations that provide meals. Joel Zilvinskis, representing Interfaith Shelter Network, provided information on the organization's programs and thanked the Council for its support. Margarita Holgin, representing the Chula Vista Community Collaborative, provided information on the organization's programs and thanked the Council for its support. Mayor Cox closed the public hearing. No action was taken on item 16 as it was intended to solicit input only. 17. PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO THE CHULA VISTA GAMING PLAN Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Ramirez moved to adopt the following Resolution No. 2012-047, heading read, text waived. Councilmember Aguilar seconded the motion, and it carved 5-0. RESOLUTION NO. 2012-047 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO INCREASE MAXIMUM NUMBER OF GAMING TABLES FROM 16 TO 18 AND INCREASING THE NUMBER OF TABLES FOR "CLASS lA/II" TO 9 BOARD AND COMMISSION REPORTS 18. RESOLUTION NO. 2012-048 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING AN INVITATION TO IRAPUATO, MEXICO TO REESTABLISH A SISTER CITY RELATIONSHIP Mary Salas, Chula Vista resident, commented on her prior experience as the City's ambassador to Irapauto in the 1990's and spoke in support of the proposed resolution. ACTION: Councilmember Ramirez moved to Resolution No. 2012-048, heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. ACTION ITEMS 19. This item was noticed as time certain for 5:00 p.m. and was taken out of order. Page 9 -Council Minutes March 13, 2012 OTHER BUSINESS 20. CITY MANAGER'S REPORTS There were none. 21. MAYOR'S REPORTS ACTION: Mayor Cox moved to reconsider the modifications to the elected City Attorney position. Councilmember Bensoussan seconded the motion, and it failed 2-3, with Councilmembers Aguilar, Castaneda, and Ramirez opposing. 22. COUNCILMEMBERS' COMMENTS There was consensus of the Council to direct staff to provide information regarding the impacts of waiving permit fees for filming companies. There was consensus of the Council to add an item to a future agenda to consider a letter of support for legislation regarding enhanced driver's licenses to be submitted to the State Assembly. There was consensus of a majority of the Council to direct staff to add an item to a future agenda to further discuss and reconsider the Recreation Master Plan. There was consensus of the Council to add an item to the next regular meeting to consider endorsing the International Friendship Games on June 20, 2012. There was a consensus of a majority of the Council to direct staff to further investigate the necessazy equipment and procedures to allow Councilmembers to participate at future Council meetings via teleconference. At 8:48 p.m., Mayor Cox adjourned the meeting to the Mayor's State of the City Address on March 20, 2012, at 6:00 p.m., in the Council Chambers. Donna R. Norris, CMC, City Clerk Page 10 -Council Minutes Mazch 13, 2012