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HomeMy WebLinkAboutcc min 2012/04/24MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Apri124, 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 (arrived at 5:03 p.m.), Ramirez and Mayor Cox ABSENT: None ALSO PRESENT: Assistant City Manager Tulloch, City Attorney Googins, Senior Deputy City Clerk Bennett, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Gloria Bunch, representing the Chula Vista Garden Club, led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • PRESENTATION BY THE SAN DIEGO YOUTH SYMPHONY AND CONSERVATORY REGARDING THE OPUS PROJECT THAT PROVIDES FREE INSTRUMENTS AND AFTER SCHOOL MUSIC INSTRUCTION TO OVER 250 STUDENTS AT SIX CHULA VISTA ELEMENTARY SCHOOLS Dalouge Smith, President and CEO of the San Diego Youth Symphony, presented information on the Community Opus Project. ^ RECOGNITION BY LIBRARY DIRECTOR BETTY WAZNIS OF THE THREE WINNING TEAMS FROM THE TENTH ANNUAL BATTLE OF THE BOOKS Library Director Waznis spoke regarding the Battle of the Books program. • PRESENTATION OF A PROCLAMATION TO CHULA VISTA GARDEN CLUB PRESIDENT GLORIA BUNCH AND ARBOR DAY CHAIRPERSON SANDY DUNCAN PROCLAIMING TUESDAY, APRIL 24, 2012 AS ARBOR DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Ms. Bunch and Ms. Duncan. Page 1 -Council Minutes April 24, 2012 PRESENTATION OF A PROCLAMATION TO RESOURCE CONSERVATION COMMISSION CHAIR SASSAN RAHIMZADEH PROCLAIMING APRIL 2012 AS EARTH MONTH IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Ramirez presented it to Mr. Rahimzadeh. CONSENT CALENDAR Item 2 was removed from the consent calendaz for separate consideration, and item 5 was removed by a member of the public. APPROVAL OF MINUTES of January 10, and 12, 2012. Staff recommendation: Council approve the minutes. 2. Item removed from the consent calendar. 3. RESOLUTION NO. 2012-062 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT CHANGES IN THE COMPENSATION FOR THE CBAG EXECUTIVE DIRECTOR AND CBAG DEPUTY EXECUTIVE DIRECTOR Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2012-063 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $170,867 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR THE STATE HOMELAND SECURITY PROGRAM Staff recommendation: Council adopt the resolution. 5. This item was removed from the consent calendar 6. RESOLUTION NO. 2012-065 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SUBMITTAL OF FISCAL YEAR 2012/2013 BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATIONS FOR CONSTRUCTION OF BIKEWAYS ALONG EAST ORANGE AVENUE AND INDUSTRIAL BOULEVARD AND CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAILABLE THEREFOR Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2012-066 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2011/2012 COMMUNITY FACILITY DISTRICT 97-2 (CFD 97-2) BUDGET AND APPROPRIATING $130,000 FROM CFD 97-2 RESERVES (4/STHS VOTE REQUIRED) Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes April 24, 2012 ACTION: Mayor Cox moved to approve staff's recommendations and offered consent calendar items 1, 3, 4, 6, and 7, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 4-0, with Deputy Mayor Castaneda absent. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. This item was taken out of order and was discussed following item 9. 5. RESOLUTION NO. 2012-064 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A LEASE AGREEMENT WITH CHULA VISTA AMERICAN LEGION POST NO. 434 FOR A CITY OWNED BUILDING AND APPURTENANCES LOCATED AT 47 FIFTH AVENUE Tony Stewart, representing Chula Vista American Legion Post 434, spoke in support of staff's recommendation on the item. ACTION: Councilmember Ramirez moved to adopt Resolution 2012-064, heading read, text waived. Councilmember Bensoussan seconded the motion, and it carried 4-0, with Deputy Mayor Castaneda absent. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 8. CONSIDERATION OF ACCEPTANCE OF THE 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS 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. Deputy Mayor Castaneda arrived at 5:03 p.m. 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 2012-067, heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. RESOLUTION NO. 2012-067 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $57,324 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Page 3 -Council Minutes April 24, 2012 9. CONSIDERATION OF ACCEPTANCE OF FISCAL YEAR 2011/2012 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND Notice of the heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public heazing. 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 2012-068, heading read, text waived. Councilmember Aguilaz seconded the motion, and it carried 5-0. RESOLUTION NO. 2012-068 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $467,768 FROM THE STATE COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND 10. This item was taken out of order and discussed following item 2. 2. ORDINANCE 3229 OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE 21 SINGLE-FAMILY RESIDENTIAL PARCELS LOCATED ON THE WEST SIDE OF THE 600 BLOCK OF SECOND AVENUE, CHANGING THE ZONING OF SAID PARCELS FROM Rl-7 TO R1-15 (SECOND READING AND ADOPTION) Councilmember Bensoussan stated she would be abstaining from voting on item 2 due to a potential property-related conflict of interest. She left the dais during discussion and voting on this item. The following members of the public spoke in support of staff s recommendation: Peter Watry, Chula Vista resident Corinne McCall, Chula Vista resident Glenda Devaney, Chula Vista resident The following members of the public spoke in opposition of staffls recommendation: Bryan Felber, Chula Vista resident Mike Spethman, representing the Planning Commission ACTION: Deputy Mayor Castaneda moved to adopt Ordinance 3229, heading read, text waived. Councilmember Aguilar seconded the motion, and it carried 3-1-1, with Mayor Cox opposed and Councilmember Bensoussan abstaining. 10. CONSIDERATION OF ALL WRITTEN PROTESTS AGAINST THE PROPOSED RATE ADJUSTMENTS FOR GENERAL SERVICE RATES FOR SOLID WASTE SERVICES AND MARKET ADJUSTMENT FORMULA FOR LARGE QUANTITY GENERATOR TRASH, RECYCLING AND GREEN WASTE RATES Page 4 -Council Minutes April 24, 2012 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. Mayor Cox opened the public hearing. Senior Deputy City Clerk Bennett announced that 62 letters had been received. There were 59 written protests against the proposed rate adjustments, 1 letter in support of the proposed rate adjustments, and 2 letters that did not indicate support or opposition. Daniel Gaytan, Chula Vista resident, spoke in opposition of the proposed rate adjustments. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Castaneda moved to adopt the following Resolution 2012-070, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. RESOLUTION N0. 2012-070 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE RESULTS OF THE PUBLIC PROTEST PROCESS FOR SOLID WASTE GENERAL SERVICE RATES; AND APPROVING THE SOLID WASTE SERVICE RATE ADJUSTMENTS FOR 2012 AND SUBSEQUENT YEARS, PURSUANT TO THE APPROVED FORMULAS (4/STHS VOTE REQUIRED) 11. This item was taken out of order and was considered following item 12. ACTION ITEM Item 12 was taken out of order and discussed at this time. 12. CITY ATTORNEY REPORT REGARDING DRAFT PROCEDURES FOR ADMINISTRATION OF ANY PETITIONS THAT MIGHT BE SUBMITTED BY HOTEL/MOTEL TMD MEMBERS PROPOSING DISESTABLISHMENT OF THE CHULA VISTA TOURISM AND MARKETING DISTRICT City Attorney Googins and Assistant City Attorney Maland presented the report Mayor Cox stated information should be distributed to all members, not just a representative group. Councilmember Ramirez recommended creating a standardized petition form. Councilmember Aguilar recommended that the original petitions to establish the Tourism and Mazketing District be reviewed to ensure the signature is of the owner or authorized agents. Lisa Cohen, representing the Chula Vista Chamber of Commerce, explained the original process for establishing the original Tourism and Mazketing District. Page 5 -Council Minutes April 24, 2012 PUBLIC HEARINGS (Continued) 11. CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF HILLTOP DRIVE AND OXFORD STREET, ORANGE AVENUE AND ALBANY AVENUE, MAIN STREET AND HILLTOP DRIVE (TF30Q TF370 & TF371)," PER CITY CHARTER SECTION 1009 Notice of the heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Castaneda moved to adopt the following Resolution 2012-070, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. RESOLUTION NO. 2012-070 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR, ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF HILLTOP DRIVE AND OXFORD STREET, ORANGE AVENUE AND ALBANY AVENUE, MAIN STREET AND HILLTOP DRIVE "(TF300, TF370 & TF371)" PROJECT TO SELECT ELECTRIC, INC. IN THE AMOUNT OF $484,967, WAIVING CITY COUNCIL POLICY NO. 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $60,000 ACTION ITEMS 12. Item was taken out of order and was considered following item 10. OTHER BUSINESS 13. CITY MANAGER'S REPORTS There was none. 14. MAYOR'S REPORTS Mayor Cox recognized the Councilmembers and staff who worked at the Day of the Child event. Page 6 -Council Minutes April 24, 2012 15. COUNCILMEMBERS' COMMENTS ACTION: Councilmember Bensoussan moved to appoint Donald A. Johnson to the Mobilehome Rent Review Commission. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. Councilmember Bensoussan announced the following events: California Earth Day and the Family Fun Run. Councilmember Aguilar encouraged people to visit the Living Coast Discovery Center's (formerly the Chula Vista Nature Center) Washed Ashore exhibit. At the request of Deputy Mayor Castaneda, there was consensus of the Council to allow the National Latina Business Women Organization to use the City's seal and facility for an event on May 24, 2012 at 6:00 p.m. Councilmember Ramirez suggested simplifying the process for authorization for community groups and other organizations to use City facilities. Mayor Cox reminded the public to vote for Jessica Sanchez on American Idol. ADJOURNMENT At 6:39 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on May 1, 2012, at 4:00 p.m., in the Council Chambers. Donna R. Noms, CMC, City Clerk Page 7 -Council Minutes Apra] 24, 2012