HomeMy WebLinkAboutcc min 2012/06/19MINUTES 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 be taken 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 March 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 first reading or provide direction
to staff.
3. RESOLUTION NO. 2012-1 ] 0 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 19, 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 20]2/2013 CAPITAL IMPROVEMENT PROGRAM,
WAIVING COUNCIL POLICY NO. 574-O1, 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 Calendaz for separate consideration.
8. RESOLUTION NO. 2012-115 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CONTINUATION OF ELECTRICITY 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 2012/2013
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staff's 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 staff's recommendation and offered Consent
Calendaz 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 June 19, 2012
PUBLIC COMMENTS
Steve Pavka, Chula Vista resident, stated that the condition of his residential road was poor.
Willard Howazd, Chula Vista resident, requested that public comments be placed eazlier 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 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 heazing.
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 carried 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
11. CONSIDERATION OF ADDING CHAPTER 18 (MOBILEHOMES) TO THE CITY'S
MASTER FEE SCHEDULE
Page 4 -Council Minutes 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 staff's 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.
Willazd Howard, Chula Vista resident, requested clazification 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 Aguilaz 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 staff's 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 Librazy 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, 20]2
• Shauna Stokes, representing the Friends of the Chula Vista Library
• Tracy Lamb, representing the U.S. Olympic Training Center
• Mike Spethman, Chula Vista resident
• Mazk 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 Librazy 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 Aguilaz 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 Yeaz 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.
Kerry K. gelow, nior Deputy City Clerk
Page 7 -Council Minutes June 19, 2012