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HomeMy WebLinkAbout2012/09/18 Item 01MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 19, 2012 3:00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda, and Mayor Cox ABSENT: Councilmember Ramirez Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:04 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. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: James Sandoval, Scott Tulloch, Glen Googins, Simon Silva, Maria Kachadoorian and Kelley Bacon Employee organizations: CVEA and Mid Managers/SEIU 2. APPROVAL OF CLOSED SESSION ATTORNEY REPORTS/MINUTES OF FEBRUARY 14, AND MAY 22, 2012. ADJOURNMENT At 3:55 p.m., Mayor Cox adjourned the meeting to a Regular Meeting of the City Council on June 12, 2012, at 4:00 p.m., in the Council Chambers. ~~ ~~~~ Kerry K. Bigelow, Senior Deputy City Clerk Page 1 -Council Minutes I June 19, 2012 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 19, 2012 4:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez (via teleconference) and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Senior Deputy City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Castaneda led the Pledge of Allegiance. Mayor Cox announced Councilmember Ramirez was participating via teleconference and videoconference from the following location: Hilton Hawaiian Village, Rainbow Tower, Concierge Lounge, 2003 Kalia Road, Honolulu, Hawaii; and that all votes would betaken by roll call. Councilmember Ramirez stated he complied with all requirements of the Brown Act, including posting the agenda and assuring public accessibility to the location. SPECIAL ORDERS OF THE DAY PRESENTATION OF A PROCLAMATION TO CHUCK DAY, CEO OF RONALD MCDONALD CHARITIES, PROCLAIMING THURSDAY, JUNE 28, 2012 AS RED SHOE DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation. Mr. Day was unable to be present to accept the proclamation. CONSENT CALENDAR Councilmember Ramirez stated he would abstain from voting on Item 7 due to a potential property-related conflict of interest; Item 7 was removed from the Consent Calendar for separate consideration. APPROVAL OF MINUTES of February 28, and Mazch 1, 2012. Staff recommendation: Council approve the minutes. Page 1 -Council Minutes /~ _ ~ June 19, 2012 2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 6.24.130 TO ALLOW DOGS IN OUTDOOR DINING AREAS AT THE DISCRETION OF THE FOOD FACILITY OPERATOR AND AMENDING MUNICIPAL CODE SECTION 6.24.180 TO REDUCE INFRACTION PENALTY FINES (FIRST READING) Staff recommendation: Council place the ordinance on ftrst reading or provide direction to staff. 3. RESOLUTION NO. 2012-110 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FISCAL YEAR 2011/2012 ACTIVE TRANSPORTATION GRANT PROGRAM FOR BICYCLE AND PEDESTRIAN PROJECTS, AND CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAILABLE THEREFOR, AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2012-111 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR SIDEWALK INSTALLATION ALONG THE SOUTHERLY SIDE OF NAPLES STREET BETWEEN BROADWAY AND FIFTH AVENUE (CIP NO. STL364, FEDERAL PROJECT NO. HSIPL 5203 (032))" PROJECT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $160,571, WAIVING CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $20,000 Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2012-112 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "MAJOR PAVEMENT REHABILITATION FISCAL YEAR 2010/2011 AND FISCAL YEAR 2011/2012 ASPHALT RUBBER OVERLAY (STL371 AND STM372)" PROJECT TO ATP GENERAL ENGINEERING CONTRACTORS IN THE BASE BID AMOUNT OF $2,371,008.82, AUTHORIZING A $531,792.18 ADDITION TO THE BASE BID CONTRACT TO OVERLAY THREE ADDITIONAL STREETS LISTED AS 18, 19, AND 20 IN THE CONTRACT BID DOCUMENTS, WAIVING CITY COUNCIL POLICY NO. 574-01 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND AVAILABLE CONTINGENCY FUNDS IN THE PROJECT UP TO $497,199.00 Staff recommendation: Council adopt the resolution. Page 2 -Council Minutes / ~ - ~'~-- June ]9, 2012 6. RESOLUTION NO. 2012-113 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE BIDS OF THE FIRST AND SECOND APPARENT LOW BIDDERS AS NON-RESPONSIVE, ACCEPTING REMAINING BIDS, AWARDING A CONTRACT FOR THE "DEL MAR AVENUE IMPROVEMENTS FROM NAPLES STREET TO OXFORD STREET (STL385)" PROJECT TO HTA ENGINEERING AND CONSTRUCTION, INC. OF SAN DIEGO, CALIFORNIA IN THE AMOUNT OF $620,610 CONTINGENT UPON APPROVAL OF PROJECT FUNDING IN THE PROPOSED FISCAL YEAR 2012/2013 CAPITAL IMPROVEMENT PROGRAM, WAIVING COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $94,390 Staff recommendation: Council adopt the resolution. 7. This item was removed from the Consent Calendar for sepazate consideration. 8. RESOLUTION NO. 2012-115 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTINUATION OF ELECTRIC]TY COMMODITY PURCHASES FROM SHELL ENERGY AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH THE PURCHASES Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2012-116 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE GANN INITIATIVE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2012/20] 3 Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffls recommendations and offered Consent Calendar items 1 through 6, 8, and 9, headings read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. RESOLUTION NO. 2012-114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS AND RECREATION TO ACCEPT $2.8 MILLION FROM STATE PROP 84 FUNDS TO BUILD SOUTH CHULA VISTA ORANGE AVENUE PARK ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent Calendar item 7, heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 4-0-1, with Councilmember Ramirez abstaining due to a potential property related conflict of interest. Page 3 -Council Minutes rr~~ 2 June 1$ 2012 /fJ_-~ PUBLIC COMMENTS Steve Pavka, Chula Vista resident, stated that the condition of his residential road was poor. Willard Howard, Chula Vista resident, requested that public comments be placed earlier on the agenda. PUBLIC HEARINGS 10. CONSIDERATION OF APPROVING CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (Director of Public Works) Notice of the hearing was given in accordance with legal requirements, and the heazing 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: Mayor Cox moved to adopt the following Resolution Nos. 2012-117 and 2012- 118, headings read, text waived. Deputy Mayor Castaneda seconded the motion, and it cazried 5-0. A. RESOLUTION NO. 2012-117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JULY 2012 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2012/2013 THROUGH 2016/2017, PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS B. RESOLUTION NO. 2012-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO THREE MEMORANDA OF UNDERSTANDING AGREEMENTS WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS RELATED TO IMPROVEMENTS TO THE BLUE LINE LIGHT RAIL AND FREIGHT RAIL CORRIDOR, AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH NON- SUBSTANTIVECHANGES DEEMED NECESSARY FOR THE BENEFIT OF THE CITY, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENTS l 1. CONSIDERATION OF ADDING CHAPTER 18 (MOBILEHOMES) TO THE CITY'S MASTER FEE SCHEDULE Page 4 - Coancil Minutes ~ ~ L.~ June 19, 2012 Notice of the hearing was given in accordance with legal requirements, and the heazing was held on the date and at the time specified in the notice. City Attorney Googins stated that while Councilmember Ramirez owns property located within 500 feet of the subject property, there is no reasonable likelihood that his participation would result in any potential financial gain. Therefore, he was not required to abstain from discussion and voting on the item. Senior Project Coordinator Kurz presented staffs recommendation on changes to the City's Master Fee Schedule regarding mobile homes. Mayor Cox opened the public hearing. Alicia Demas, Chula Vista resident, requested additional information on the number of postcards sent out. Willard Howard, Chula Vista resident, requested clarification on procedures for speakers. Penny Vaughn, Chula Vista resident, spoke in support of the proposed fee schedule change but expressed concerns regazding community participation and the amount of the fee. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Aguilar moved to adopt Resolution No. 2012-119. Heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. RESOLUTION NO. 2012-119 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY'S MASTER FEE SCHEDULE TO ADD CHAPTER 18 (MOBILEHOMES), INCLUDING SETTING THE FEE AT $60 FOR FISCAL YEAR 2013 ACTION ITEMS 12. VERBAL REPORT REGARDING THE FISCAL YEAR 2012/2013 CITY COUNCIL'S PROPOSED BUDGET AND RATIFICATION OR MODIFICATION OF THE CITY COUNCIL'S PROPOSED BUDGET (City Manager) City Manager Sandoval presented staffs response to City Council direction from the June 12, 2012 budget. The following members of the public spoke in opposition of the consolidation of the Library and Recreation departments: • Susan Botts, Chula Vista resident • Ginny Taylor, Chula Vista resident • Brian Young, representing the Board of Library Directors Page 5 -Council Minutes ~ ,'~_ ~ June 19, 2012 • Shauna Stokes, representing the Friends of the Chula Vista Library • Tracy Lamb, representing the U.S. Olympic Training Center • Mike Spethman, Chula Vista resident • Mark Twohey, Chula Vista resident Susan Fuller, representing the Living Coast Discovery Center, thanked the Council for its support of the organization. Kevin O'Neill, Chula Vista resident, spoke in opposition of allowing Councilmembers to participate via teleconference. Sofia Murga spoke in support of collaboration of Library and Recreation programs and outreach. At 5:55, Mayor Cox recessed the meeting. At 6:06 p.m., the meeting reconvened with all members present. ACTION: Councilmember Ramirez moved to consolidate Recreation and Library Departments under one director without creating additional positions, to shrink the bureaucracy and add Recreation programs. Councilmember Aguilar seconded the motion, and it carried 3-2, with Councilmember Bensoussan and Mayor Cox opposed. ACTION: Councilmember Aguilar moved to allocate funds to the Office of Legislative Counsel, with $30,000 from the Board of Ethics and $50,000 from the Public Liability Trust Fund, for a total of $80,000. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. ACTION: Deputy Mayor Castaneda moved to accept the City Manager's recommendation to add funding for two new police officer positions and for four to five advance hires in preparation for anticipated retirements in Fiscal Year 2014. Councilmember Ramirez seconded the motion, and it carried 5-0. ACTION: Deputy Mayor Castaneda moved to allocate $160,000 to fund two possible additional ballot initiatives, in addition to the proposed budget for the November 2012 election. Councilmember Aguilar seconded the motion, and it carried 3-2, with Councilmember Bensoussan and Mayor Cox opposed. ACTION: Mayor Cox moved to allocate funding for the utilities for the Chula Vista Nature Center in the amount of $75,568. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS There were none. Page 6 -Council Minutes ~ ~~~ June 19, 2012 14. MAYOR'S REPORTS Mayor Cox announced that there would be no meeting on Tuesday, July 26, 2012. 15. COUNCILMEMBERS' COMMENTS Councilmember Bensoussan: A. Consideration of City endorsement of a first Chula Vista powwow "South Bayfront Powwow," held on the bayfront August 11, and 12, 2012. ACTION: Councilmember Bensoussan moved to endorse the South Bayfront Powwow, to be held on the Bayfront August 11 and 12, 2012. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. B. Consideration of City endorsement of "Christmas in October" a Citywide workday scheduled for October 13, 2012. ACTION: Councilmember Bensoussan moved to endorse the Christmas in October, scheduled for October 13, 2012. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. Councilmember Bensoussan announced an upcoming free concert featuring B-Side players on Friday June 22, 2012 on the bayfront. At the request of Councilmember Aguilar, there was consensus of the Council to add an item to the agenda of the first meeting in July to discuss an ordinance to implement Proposition C to establish the Office of Legislative Counsel. ADJOURNMENT At 8:17 p.m., Mayor Cox adjourned the meeting to a Special City Council meeting on June 28, 2012, at 4:00 p.m., in the Council Chambers. /~-~•-- ~~s.~.L Kerry K. Bigelow, Senior Deputy City Clerk Page 7 -Council Minutes /( ~~ _ June 19, 2012 1",~-~ MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA June 28, 2012 4:00 p.m. A Special Meeting of the City Council, Housing Authority, and Successor Agency to the Redevelopment Agency of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilaz (arrived at 4:04 p.m.), Bensoussan, Castaneda, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Noms, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Cox led the Pledge of Allegiance. Mayor Cox announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at this Housing Authority meeting, being held simultaneously with the City Council meeting. PUBLIC COMMENTS Public Comments were heard after Item 6. PUBLIC HEARINGS 1. This item was addressed after Item 6 and Public Comments. There was Council consensus to take Item 2 out of order. ACTION ITEMS 2. CONSIDERATION OF APPROVING AN OPERATING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE LIVING COAST DISCOVERY CENTER FOUNDATION There was Council consensus to continue Item 2 to the meeting of July 10, 2012. Page 1 -Council Minutes //~~ June 28, 2012 / (..i ' / Item 6 was taken out of order and discussed at this time. CLOSED SESSION Mark Liuag, Chula Vista resident, spoke regarding the letter submitted referencing allegations of Brown Act violations. Mayor Cox announced that the Council would convene in closed session to discuss Item 6. She recessed the open session meeting at 4:14 p.m., and the Council reconvened in closed session. 6. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b). One (1) case. Allegations of Brown Act violations as outlined in letter of June 27, 2012 from Mark Liuag, Jon Miller and Kevin O'Neill Mayor Cox reconvened the meeting in open session at 4:55 p.m. with all members present. Public comments were heard at this time. PUBLIC COMMENTS Mark Liuag, Chula Vista resident, spoke in support of good governance and goal setting. Kevin ONeill, Chula Vista resident, spoke in support of creating policies on teleconferencing, funding ballot initiatives, and suggested fully vetting changes such as combining departments. 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. Mayor Cox opened the public hearing. I. CONSIDERATION BY THE CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY OF THE ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY AND THE OPERATING BUDGETS FOR THE HOUSING AUTHORITY AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2012/2013 Page 2 - Coancil Minutes June 28, 2012 ~c-z The following members of the public spoke in opposition of the consolidation of the Recreation and Library departments: • Mazk Twohey, representing youth sports ^ Tracy Lamb, representing the U.S. Olympic Training Center ^ Angela Cole, representing the Youth Sports Council • Brian Young, representing the Board of Library Trustees • Jan Buddingh, representing the Chula Vista Pazks and Recreation Commission • Mazk Scott, Chula Vista resident ^ David McLellan, representing the Friends of Chula Vista Parks and Recreation ^ Shauna Stokes, representing the Friends of the Chula Vista Library • Bryan Felber, Chula Vista resident • Ginny Taylor, Chula Vista resident • Imozelle McVeigh, Chula Vista resident ^ Sarah Way, Chula Vista resident • Mary Salas, Chula Vista resident • Edwina Shell Johnson, representing the Friends of the Chula Vista Library • Elva Mellor, Chula Vista resident • Mark Liuag, Chula Vista resident • Peter Watry, Chula Vista resident • Kathy Cien-Mayer, Chula Vista resident • Alfredo Perez, Chula Vista resident ^ Steven D., representing the Friends of the Librazy • Robert Corcilius, Chula Vista resident • Virginia Jensen, Coronado resident and Chula Vista business owner • Sofia Murga, Chula Vista resident • Vicky Sloan, Chula Vista resident The following members of the public submitted written documentation opposing the consolidation of the Recreation and Library Departments but did not speak: • Ryan Marquez, Chula Vista resident • Elizabeth Diaz, Chula Vista resident • Saul Corona, Chula Vista resident • Tom Toomalatai, representing San Diego Elite Softball • Ricardo Toomalatai, representing San Diego Elite Softball • Sonya Mantilla, Chula Vista resident • Lorena Garcia, Chula Vista resident • Trena Bachtell, representing San Diego Elite Softball • Earl Everett, Jr., representing San Diego Elite Softball • Jeremy Bachtell, representing San Diego Elite Softball • Brenda Mendoza, representing San Diego Elite Softball • Theresa Davis, representing Bonita Valley GASA Mayor Cox closed the public hearing. Page 3 -Council Minutes June 28, 2012 /C-3 Councilmember Aguilar moved to rescind the consolidation of the Recreation and Library Department with direction to the City Manager to work with stakeholders to discuss a possible merger, and to report to the Council in January 2013. The motion died for lack of a second. ACTION: Councilmember Bensoussan moved to rescind the vote to merge the Recreation and Library Departments and remove the reference to eliminating the "Director of Recreation" title from Item 1B. Mayor Cox seconded the motion, and the motion failed 2-3, with Councilmembers Aguilaz and Ramirez, and Deputy Mayor Castaneda opposed. ACTION: Councilmember Ramirez moved to amend Item 1B as follows: engage in the appropriate outreach with the community over the next six months regarding consolidating the Recreation and Library departments; keep the departments separate in the meantime under one director; eliminate the positions of Director of Library and Director of Recreation; establish the positions of Director of Library and Recreation and Assistant Director of Recreation; and transfer the $80,000 from the funds previously allocated for a possible ballot measure to support recreation programs. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. Mayor Cox moved to approve Item lA. Councilmember Bensoussan seconded the motion. No vote was taken. Deputy Mayor Castaneda moved to approve Item lA, with amendments to allocate $60,000 from the reserves to the Domestic Violence Response Team and identify an additional $100,000 from salary savings to be used to implement Recreation programs. Mayor Cox seconded the motion. Discussion continued on the item. ACTION: Councilmember Bensoussan moved to call for the vote and end discussion. Mayor Cox seconded the motion, and the motion failed 2-3, with Councilmembers Aguilar and Ramirez, and Deputy Mayor Castaneda opposed. Discussion continued on the item. ACTION: Councilmember Bensoussan moved to call for the vote and end discussion. Mayor Cox seconded the motion, and the motion failed 2-3, with Councilmembers Aguilar and Ramirez, and Deputy Mayor Castaneda opposed. Discussion continued on the item. Page 4 -Council Minutes June 28, 20 ] 2 ~c-y ACTION: Regarding the motion on the floor to adopt Resolution No. 2012-120 (Item lA), with amendments to allocate $60,000 from the reserves to the Domestic Violence Response Team and identify an additional $100,000 from salary savings to be used to implement recreation programs, the heading was read, the text waived, and the motion carried 5-0. A. RESOLUTION NO. 2012-120 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2012/2013 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 EXCLUDING THE FOLLOWING CAPITAL IMPROVEMENT PROJECTS: PR316, PR314, STL39Q, OP212, STM373, AND OPEN SPACE DISTRICT 8 B. Item 1 B was voted on following Item 11. ACTION: Mayor Cox moved to adopt the following Housing Authority Resolution No. 2012-050, heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. C. RESOLUTION NO. 2012-050 OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL YEAR 2012/2013 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 ACTION: Mayor Cox moved to adopt the following Successor Agency to the Redevelopment Agency Resolution No. 2012-006, heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. D. RESOLUTION NO. 2012-006 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGETS FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR FISCAL YEAR 2012/2013 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Councilmember Aguilar stated she would be abstaining from voting on Item lE due to a potential property-related conflict of interest. ACTION: Mayor Cox moved to adopt the following Resolution No. 2012-122, heading read, text waived. Councilmember Bensoussan seconded the motion, and itcarried 4-0- l,with Councilmember Aguilar abstaining. E. RESOLUTION NO. 2012-122 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET FOR OPEN SPACE DISTRICT 8 FOR FISCAL YEAR 2012/2013 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Page 5 -Council Minutes June 28, 2012 ~~-J Councilmember Ramirez stated he would be abstaining from voting on Item 1 F due to a potential property-related conflict of interest. ACTION: Mayor Cox moved to adopt the following Resolution No. 2012-123, heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 4-0-1, with Councilmember Ramirez abstaining. F. RESOLUTION NO. 2012-123 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR CAPITAL IMPROVEMENT PROJECTS PR316 PROP 84 ORANGE AVENUE PARK AND PR314 CITYWIDE PARK IMPROVEMENTS WITHIN SDG&E ROW FOR FISCAL YEAR 2012/2013 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Deputy Mayor Castaneda stated he would be abstaining from voting on Item 1 G due to a potential property-related conflict of interest. ACTION: Mayor Cox moved to adopt the following Resolution No. 2012-124, heading read, text waived. Councilmember Bensoussan seconded the motion, and it carried 4-0- l,with Deputy Mayor Castaneda abstaining. G. RESOLUTION NO. 2012-124 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR CAPITAL IMPROVEMENT PROJECTS STL390 CROSS GUTTER REHABILITATION AT VARIOUS LOCATIONS AND PROJECT OP212 DOWNTOWN PARKING DISTRICT IMPROVEMENTS FOR FISCAL YEAR 2012/2013 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Mayor Cox stated that she, Deputy Mayor Castaneda, and Councilmember Bensoussan each had a potential property-related conflict of interest with Item 1 H. City Attorney Googins stated that the FPPC allows for a Councilmember to be selected by lot to participate in voting on the item. Deputy Mayor Castaneda was selected by lot by Deputy City Clerk Kansas to participate in voting on Item 1H. ACTION: Deputy Mayor Castaneda moved to adopt the following Resolution No. 2012-125, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 3-0-2, with Councilmember Bensoussan and Mayor Cox abstaining. H. RESOLUTION NO. 2012-125 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR CAPITAL IMPROVEMENT PROJECT STM373 PAVEMENT MAJOR REHABILITATION FISCAL YEAR 2012/2013 FOR FISCAL YEAR 2012/20]3 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Page 6 -Council Minutes // June 28, 2012 C _' ~O ACTION: Mayor Cox moved to place the following ordinance on first reading, with the amendment to add the Assistant Director of Recreation as an unclassified position, heading read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. I. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD INFORMATION TECHNOLOGY MANAGER AND ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES AND ELIMINATING THE TITLE OF ASSISTANT DIRECTOR OF REDEVELOPMENT AND HOUSING City Attorney Googins stated to clarify that on Item H, Mayor Cox and Councilmember Bensoussan have property holdings within proximity of the project, which is the reason for their recusals. Item 1 B was taken out of order and heard at this time. ACTION: Deputy Mayor Castaneda moved to adopt the following Resolution No. 2012-121 (Item 1B), with the previously voted upon amendments, heading read, text waived. Mayor Cox seconded the motion, and it carved 5-0. B. RESOLUTION NO. 2012-121 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES AS REFLECTED IN THE FISCAL YEAR 2012/2013 OPERATING BUDGET AND TO ELIMINATE THE TITLES OF ASSISTANT DIRECTOR OF REDEVELOPMENT AND HOUSING, INFORMATION TECHNOLOGY MANAGER (MID MANAGER), DIRECTOR OF RECREATION, AND DIRECTOR OF LIBRARY OTHER BUSINESS 3. This item was taken out of order and addressed after Items 4 and SA. 4. This item was taken out of order and addressed after Item SA. Item SA was taken out of order and addressed at this time. 5. COUNCILMEMBERS' COMMENTS A. Councilmember Aguilar: City Council discussion of Grand Jury Report regarding Chula Vista Tourism and Marketing District (TMD). Pagel -Council Minutes June 28, 2012 /C- l Steven Payne, Chula Vista resident, spoke in support of continuing the Chula Vista TMD and suggested looking at a possible partnership between the TMD efforts and the Recreation Department. John Lambeth, representing the Chula Vista Chamber of Commerce, reported that the Chamber would be responding to the Grand Jury and discussed portions of the report. Mayor Cox distributed a draft letter of response to the Grand Jury for Council consideration. At the request of Mayor Cox, there was consensus of the Council to consider Mayor Cox's draft letter in response to the Grand Jury report at the meeting of July 10, 2012. At the request of Councilmember Aguilar, there was consensus of a majority of the Council to direct staff to provide a legal opinion as to whether or not the allegations cited in the Grand Jury report could constitute a misappropriation of funds or malfeasance. CITY MANAGER'S REPORTS City Manager Sandoval stated that Mazketing and Communications Manager Steinberger would contact Councilmembers to discuss the mazketing plan. He also reported that the permit was issued for the demolition of the South Bay power plant. MAYOR'S REPORTS Mayor Cox announced SR-125 toll reduction event. COUNCILMEMBERS' COMMENTS (continued) Deputy Mayor Castaneda reported he attended the NALEO annual conference. He also thanked Chief Bejarano for his comments regarding Arizona SB-1070. Councilmember Ramirez announced the International Friendship Games event. He also spoke in support of discussing the progress of softwaze implementation in the Police Department on a monthly basis. He announced his public office hours for July 9, 2012. Councilmember Ramirez also spoke in support of freezing the vacant position in the Engineering Department. ADJOURNMENT At 10:38 p.m., Mayor Cox adjourned the meeting to a Special City Council Meeting on July ] 0, 2012, at 10:00 a.m., in the Council Chambers. i 4 ~~~. ~ , J ~ ~„~ Donna R. Norris, CMC, City Clerk Page 8 -Council Minutes / /~ June 28, 2012 ~^'