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Home My WebLink Aboutcc min 2012/06/12MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 12, 2012 4:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilaz, Bensoussan, Castaneda (lefr at 7:02 p.m.), Ramirez (arrived at 4:07 p.m. and left at 7:02 p.m.), 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. SPECIAL ORDERS OF THE DAY • OATHS OF OFFICE: Kimberly Medeiros, Charter Review Commission City Clerk Noms administered the oath of office to Commissioner Medeiros, and Deputy Mayor Castaneda presented her with a certificate of appointment. CONSENT CALENDAR Items 4 and 5 were removed from the consent calendar for separate consideration due to potential conflicts of interest by members of the Council. 1. ORDINANCE NO. 3230 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.52, "PAY TELEVISION," AND ADDING CHAPTER 5.53, "STATE VIDEO FRANCHISES" IN ACCORDANCE WITH THE CALIFORNIA DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 (SECOND READING AND ADOPTION) (Director of Economic Development). Staff recommendation: Council adopt the ordinance. 2. RESOLUTION NO. 2012-100 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO COMMUNITY HOUSING CORPORATION FOR THE ACQUISITION AND REHABILITATION OF ABANDONED OR FORECLOSED PROPERTIES USING ADDITIONAL Page 1 -Council Minutes June 12, 2012 NEIGHBORHOOD STABILIZATION PROGRAM FUNDS AND HOME INVESTMENT PARTNERSHIP FUNDS AS PREVIOUSLY APPROVED BY CITY COUNCIL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS (Assistant City Manager/Director of Development Services). Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2012-101 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROP 42 FISCAL YEAR 2010/2011 AND FISCAL YEAR 2011/2012 ASPHALT RUBBER CHIP SEAL (STL373 AND STL383)" PROJECT TO COPP CONTRACTING, INCORPORATED IN THE AMOUNT OF $1,189,885.60, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $178,482.20 (Director of Public Works). Staff recommendation: Council adopt the resolution. 4. Item removed from Consent Calendar. 5. Item removed from Consent Calendar. 6. RESOLUTION NO. 2012-109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FOR INCLUSION WITHIN THE CITY'S ADMINISTRATIVE PROCEDURES, PROCEDURES FOR ADMINISTRATION OF ANY PETITIONS THAT MIGHT BE SUBMITTED FOR DISESTABLISHMENT OF THE CHULA VISTA TOURISM AND MARKETING DISTRICT (City Attorney) (This item was continued from the June 5, 2012 meeting.). Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendaz Items 1 through 3, and 6, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. A. RESOLUTION NO. 2012-102 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2012/2013 FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 10, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1 (ELMD #1), AND BAY BOULEVARD MAINTENANCE DISTRICT (Director of Public Works) Page 2 -Council Minutes June 12, 2012 B. RESOLUTION NO. 2012-703 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPREAD OF ASSESSMENTS, DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR 2012/2013 FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 10, 11, 14, 75, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1 (ELMD #1), AND BAY BOULEVARD MAINTENANCE DISTRICT (Director of Public Works) C. RESOLUTION NO. 2012-104 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2012/2013 FOR THE TOWN CENTRE MAINTENANCE DISTRICT (Director of Public Works) D. RESOLUTION NO. 2012-105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FOR THE TOWN CENTRE MAINTENANCE DISTRICT, THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS E. RESOLUTION NO. 2012-106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2012/2013 FOR THE OPEN SPACE MAINTENANCE DISTRICT NO. 8 (Director of Public Works) F. RESOLUTION NO. 2012-107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FOR THE OPEN SPACE MAINTENANCE DISTRICT NO. 8, THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS (Director of Public Works) Deputy Mayor Castaneda stated he would be abstaining from voting on items 4C and 4D due to a potential property-related conflict of interest. Councilmember Aguilar stated she would be abstaining from voting on items 4E and 4F due to a potential property-related conflict of interest. ACTION: Mayor Cox moved to adopt Resolutions 2012-102 and 2012-103, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. Deputy Mayor Castaneda left the room during discussion and voting on items 4D and 4F. City Attorney Googins stated revised versions of resolutions of 4D and 4F were modified to correct the hearing date and time originally stated. Prior to the meeting adjournment, City Attorney Googins stated that 4B would also be modified. Page 3 -Council Minutes June 12, 2012 ACTION: Mayor Cox moved to adopt Resolutions 2012-104 and 2012-105, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 4-0- 1, with Deputy Mayor Castaneda abstaining. Councilmember Aguilaz left the room during discussion and voting on items 4E and 4F. ACTION: Mayor Cox moved to adopt Resolutions 2012-106 and 2012-107, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 4-0- 1, with Councilmember Aguilar abstaining. 5. RESOLUTION NO. 2012-108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO A LEASE AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES FOR A CITY-OWNED BUILDING AND APPURTENANCES LOCATED AT 430 F STREET AND PAYMENT OF COMMISSION ASSOCIATED THEREWITH Deputy Mayor Castaneda stated he would be abstaining from voting on item 5 due to a potential property-related conflict of interest. He left the room at 4:24 p.m. and returned at 5:03 p.m. at the conclusion of discussion and voting on the item. Kathryn Lembo, representing South Bay Community Services, explained anticipated use of the building and spoke in support of staffs recommendation on the item. The Council and Ms. Lembo agreed to revision of the lease agreement to allow for potential termination of the lease by the City Manager, or his designee, upon the advice of the Police Chief. ACTION: Mayor Cox moved to adopt Resolution 2012-108, with the agreed upon revisions to the lease agreement, heading read, text waived. Councilmember Ramirez seconded the motion, and it canied 4-0-1, with Deputy Mayor Castaneda abstaining. PUBLIC COMMENTS There were none. ACTION ITEMS 7. VERBAL REPORT REGARDING THE FISCAL YEAR 2012/2013 CITY MANAGER'S PROPOSED BUDGET AND DIRECTION TO STAFF TO DEVELOP A CITY COUNCIL PROPOSED BUDGET (Director of Finance/Treasurer) Finance Director Kachadoorian presented the proposed changes to the City Manager's proposed budget, based on Council feedback. Councilmember Bensoussan spoke in opposition of significant funding for outside attorney's fees, as well as the consolidation of the Librazy and Recreation Departments. Page 4 -Council Minutes June 12, 2012 ACTION: Councilmember Ramirez moved to, in prepazation of the City Council-proposed budget, direct the City Manager to consolidate the Recreation and Library Services departments, reflect the consolidation in the City Council-proposed budget, and reallocate savings to recreation and librazy programs. Deputy Mayor Castaneda seconded the motion. Discussion continued on the item. ACTION: Councilmember Ramirez moved to call for the vote and end discussion. Deputy Mayor Castaneda seconded the motion and it carried 3-2, with Councilmember Bensoussan and Mayor Cox opposed. ACTION: The Council voted on Councilmember Ramirez's motion to, in prepazation of the City Council-proposed budget, direct the City Manager to consolidate Recreation and Library Services departments, reflect the consolidation in the City Council- proposed budget, and reallocate savings to recreation and library programs, and it carried 3-2, with Councilmember Bensoussan and Mayor Cox opposed. ACTION: Councilmember Ramirez moved to, in preparation of the City Council-proposed budget, identify funds in the amount of $300,000 from the City Attorney's budget to be used for the office of legislative counsel when the Council deems a potential conflict of interest for the City Attorney. Deputy Mayor Castaneda seconded the motion, and it carried 3-2, with Councilmember Bensoussan and Mayor Cox opposed. ACTION: Councilmember Ramirez moved to, in the preparation of the City Council- proposed budget, allocate funding for two additional Police Officer positions, increasing the force from 216 to 218 officers. Deputy Mayor Castaneda seconded the motion, and it carved 4-1, with Mayor Cox opposed. ACTION: Councilmember Ramirez moved to, in preparation of the City Council-proposed budget, allocate funds to the City Clerk's budget to add an additional $160,000 for the possibility of two ballot measures, in addition to the ballot measure for redistricting and the required City Council seat elections. Deputy Mayor Castaneda seconded the motion, and it carried 3-2, with Councilmember Bensoussan and Mayor Cox opposed. ACTION: Mayor Cox moved to direct staff to draft a policy regarding positioning ballot items on the City Council agenda that addresses required fiscal analysis and involvement of the Charter Review Commission. Councilmember Bensoussan seconded the motion, and it carried 3-2, with Deputy Mayor Castaneda and Councilmember Ramirez opposed. ACTION: Councilmember Aguilar moved to, in prepazation of the City Council-proposed budget, allocate the full, annual cost of utilities in the amount of $75,000 for the Nature Center. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. Deputy Mayor Castaneda and Councilmember Ramirez left the meeting at 7:02 p.m. Page 5 -Council Minutes June 12, 2012 City Attorney Googins advised the Council to identify and state budgetary reductions to offset the additional expenses proposed. Assistant City Manager Halbert stated reductions determined by staff would not affect entire programs but may affect service levels. He also stated to the extent staff was unable to identify budget reductions, they would recommend funds come from reserves. Councilmember Aguilar moved to approve additional funding requested be included in the City Council-proposed budget and be funded by the reductions as described by Assistant City Manager Halbert, with personnel and non-personnel reductions first, and, in the absence of those, funds withdrawn from reserves. The motion died for lack of a second. OTHER BUSINESS 8. CITY MANAGER'S REPORTS City Manager Sandoval responded to a concern of the Public Safety Committee regazding jail operation. He stated the operation of the jail results in a net positive to the budget and that the booking time is 5 minutes, versus the average of other cities of 45 to 60 minutes. City Manager Sandoval also reported a request for proposals would be distributed that would seek organizations interested in using the City's recreation facilities at times when programming does not take place. 9. Item 9 was heard following item 10-A. Item 10-A was taken out of order and discussed at this time 10. COUNCILMEMBERS' COMMENTS A. Councilmember Aguilar: City Council discussion of Grand Jury Report regazding Chula Vista Tourism and Marketing District (TMD). Councilmember Aguilar requested to continue item l0A to a future meeting of the City Council. John Lambeth, representing the Chamber of Commerce, and Stewart Payne, Chula Vista resident, expressed interest in speaking on the item when the Council considers it. Mayor Cox stated she would draft a letter of response to the Grand Jury for the Council's consideration. At the request of Councilmember Aguilar, there was consensus of a majority of the City Council to direct staff to make a presentation on the increased use of volunteers in the Senior Volunteer Patrol using the additional funds that were allocated during the fiscal year 2011-2012 budget. Page 6 -Council Minutes June 12, 2012 9. MAYOR'S REPORTS At the request of Mayor Cox, there was consensus of a majority of the Council to support placement of a resolution on an upcoming agenda supporting South Bay Community Services' application for funding through the U.S. Department of Education's Promise Neighborhoods program. 10. COUNCILMEMBERS' COMMENTS A. Item 10-A was taken out of order and discussed prior to item 9. B. Councilmember Bensoussan: Consideration of City endorsement of the annual Chula Vista "Harbor Days" on the Bayfront, September 22nd and 23rd, 2012. ACTION: Councilmember Bensoussan moved to endorse the annual Chula Vista "Harbor Days" on the Bayfront, September 22 and 23, 2012. Mayor Cox seconded the motion, and it carried 3-0. It was the consensus of a majority of the City Council to place on the agenda at a future meeting consideration of endorsement of Chula Vista events: Christmas in October and the South Bayfront Powwow. City Attorney Googins stated Item 4B, Resolution No. 2012-103, would be revised to reflect the proper hearing date and time. The Council did not convene inclosed session, and the following item was not heard. CLOSED SESSION ll. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: 430 F Street, Chula Vista Agency Negotiators: Rick Ryals, Real Property Manager, Tracy Clarke, Voit Real Estate Services Negotiating Parties: The City of Chula Vista and South Bay Community Services Under Negotiations: Lease Price and Terms Page 7 -Council Minutes June 12, 2012 ADJOURNMENT At 7:29 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on June 19, 2012, at 4:00 p.m., in the Council Chambers. Kerry K. Bigelow, e for Deputy City Clerk Page 8 -Council Minutes June 12, 2012