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Home My WebLink About2012/10/02 Item 01DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 17, 2012 3:00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 3:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar (arrived at 3:03 p.m.), Bensoussan (arrived at 3:03 p.m.), Castaneda, Ramirez and Mayor Cox ABSENT: None Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:03 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. L CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: James Sandoval, Scott Tulloch, Glen Goggins, Simon Silva, Maria Kachadoorian, David Bejarano, Gary Wedge, David Hanneman and Kelley Bacon Employee organizations: Mid Managers/Professionals, CVEA, WCE, IAFF and POA 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(x) Eric Harris, et al. v. City of Chula Vista, et al.. United States District Court, Case No. 09CV2239JAH(POR) ADJOURNMENT At 4:00 p.m., Mayor Cox adjourned the meeting to a Regular Meeting of the City Council on July 17, 2012, at 4:00 p.m., in the Council Chambers. !, , Kerry K. Big low, Senio • eputy City Clerk Page 1 -Council Minutes July 17, 2012 l~°- DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 17, 2012 4:00 p.m. A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 4:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Noms, and Senior Deputy City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Chandler Sofia Michel led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • PRESENTATION OF THE GAYLE MCCANDLISS ARTS AWARD FOR 2012 BY CULTURAL ARTS COMMISSIONER AL GORE TO CHANDLER SOFIA MICHEL (RISING STAR AWARD) Principal Librarian Loney introduced Cultural Arts Commission Chair Gore. Chair Gore presented the Gayle McCandliss Arts Award for 2012 to Ms. Michel. • PRESENTATION OF A PROCLAMATION PROCLAIMING TUESDAY, AUGUST 7, 2012 AS "NATIONAL NIGHT OUT" IN CHULA VISTA, CALIFORNIA Mayor Cox read the proclamation and Deputy Mayor Castaneda presented it to Chief Bejarano, Lieutenants Collum and Kennedy, and Peace Officer De La Pena. ^ SDG&E SUMMER PREPAREDNESS UPDATE Claudia Valenzuela, representing San Diego Gas and Electric, presented SDG&E's summer prepazedness update. Item 13 was noticed as time certain for 4:30 p.m. and was taken out of order at this time. Page 1 -Council Minutes / Q July 17, 2012 IC.J`I BOARD AND COMMISSION REPORTS 13. CONSIDERATION OF CHARTER REVIEW COMMISSION REPORT AND PROPOSED CHARTER AMENDMENT LANGUAGE TO PROVIDE FOR DISTRICT ELECTIONS Assistant City Attorney Maland, Charter Review Commission Chair Bellamy, Commissioner Rhamy, and outside counsel Rich Miadich presented the proposed charter amendment language. Robert Ross, Chula Vista resident, suggested the Council consider using an instant runoff voting method. At the request of Councilmember Ramirez, there was consensus of a majority of the Council to recommend a process for drawing district lines other than the commission structure proposed by the Charter Review Commission. At the request of Councilmember Bensoussan, there was consensus of the Council to investigate instant runoff voting and/or all-mail ballot voting at a later date. At the request of Deputy Mayor Castaneda, there was consensus of a majority of the Council to recommend that the June elections be based on a candidate's geographic district and the November elections be citywide. At the request of Councilmember Aguilaz, there was consensus of a majority of the Council to recommend that the top two vote getters in the June elections would runoff in the November elections, regardless of the percentage of the votes any one candidate receives. At the request of Councilmember Aguilar, there was consensus of a majority of the Council to support the Charter Review Commission's recommendation on the transition to district elections for seat 1 in 2014 and seats 3 and 4 in 2016, with the modification that seat 2 be transitioned in 2018 unless the seat is vacated prior to 2018. At the request of Deputy Mayor Castaneda, there was consensus of a majority of the Council to require an incumbent to withdraw or relocate into a newly redefined district if new district boundaries made it such that the incumbent was no longer in the district in which he or she was elected to serve. The incumbent would be permitted to complete his or her term if the district boundaries changed mid-term. At the request of Councilmember Aguilaz, there was consensus of a majority of the Council to direct the Charter Review Commission and staff to provide a report on the impacts of requiring the top two vote getters for candidates for Mayor and City Attorney seats to hold a runoff in November, regardless of the percentage any one candidate receives. CONSENT CALENDAR The Consent Calendar was taken following Public Comments. Page 2 -Council Minutes July 17, 2012 13 -2 ITEMS REMOVED FROM THE CONSENT CALENDAR 10. RESOLUTION NO. 2012-149 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN OPERATING AGREEMENT BETWEEN THE CITY AND THE LIVING COAST DISCOVERY CENTER Dr. Joseph, representing the Living Coast Discovery Center, stated the current tagline is "Where wonder happens naturally on San Diego Bay at Chula Vista." Councilmember Ramirez moved to adopt the resolution as it was presented. Councilmember Aguilar made a substitute motion to change the proposed contract to require a logo descriptor with the words "at Chula Vista." The motion died for a lack of a second. ACTION: Councilmember Ramirez moved to adopt Resolution No. 2012-149, heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. At 8:14 p.m., Mayor Cox announced a meeting recess. Council reconvened at 8:34 p.m. with all members present. PUBLIC COMMENTS Daniel Green, Chula Vista resident, expressed concerns and requested additional information on applying for a business license. He suggested the public comments be made time certain. City Attorney Googins stated he would follow up with Mr. Green. CONSENT CALENDAR Item 10 was removed from the consent calendar for separate consideration. 1. APPROVAL OF MINUTES of March 27, 2012. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS: Letter of resignation from Brett Davis, Resources Conservation Commission. Staff recommendation: Council accept the resignation. 3. ORDINANCE 3231 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 Page 3 -Council Minutes July 17, 2012 l /3 --~ FINES (SECOND READING AND RE-ADOPTION AT REGULARLY SCHEDULED MEETING) Staff recommendation: Council re-adopt the ordinance at a regularly scheduled meeting for its second reading. 4. ORDINANCE 3232 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, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES, AND ASSISTANT DIRECTOR OF RECREATION, AND ELIMINATING THE TITLE OF ASSISTANT DIRECTOR OF REDEVELOPMENT AND HOUSING (SECOND READING AND ADOPTION) (4/STHS VOTE REQUIRED) Staff recommendation: Council adopt the ordinance. 5. ORDINANCE 3233 OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 1.5 AND AMENDING CHAPTER 19.14 RELATED TO PROCEDURES FOR REQUESTING REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES SEEKING EQUAL ACCESS TO HOUSING (SECOND READING AND ADOPTION) Staff recommendation: Council adopt the ordinance. 6. RESOLUTION NO. 2012-145 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF $13,666 FOR THE CALIFORNIA STATE LIBRARY AWARD THROUGH THE CALIFORNIA LIBRARY LITERACY SERVICES FUND FOR LITERACY PROGRAMMING AT CHULA VISTA LIBRARY AND AMENDING THE FISCAL YEAR 2012-13 STATE GRANTS FUND BUDGET TO REFLECT THE APPROPRIATION OF THESE GRANT FUNDS (4/STHS VOTE REQUIRED) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2012-146 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1,800 FROM TARGET CORPORATION AND APPROPRIATING SAID FUNDS IN THE FISCAL YEAR 2013 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET (4/STHS VOTE REQUIRED) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2012-147 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $2,910,247 FROM THE SOUTHWEST BORDER ANTI- MONEY LAUNDERING ALLIANCE, ADDING ONE POLICE SERGEANT TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT AND Page 4 -Council Minutes July 17, 2012 ~~~~ APPROPRIATING $819,312 TO THE POLICE GRANT FUND (4/STHS VOTE REQUIRED) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2012-148 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEASE AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES FOR A PORTION OF CITY OWNED PROPERTY LOCATED AT 707 F STREET AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE Staff recommendation: Council adopt the resolution. 10. Item was removed from the Consent Calendaz. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendar items 1 through 9, headings read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR This item was discussed after item 13. PUBLIC COMMENTS This item was discussed after item 10. PUBLIC HEARINGS 11. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2012-01 (ALPINE AVENUE) Notice of the hearing was given in accordance with legal requirements, and the heazing was held on the date and at the time sped&ed in the notice. Mayor Cox opened the public hearing and requested the City Clerk open the ballots. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. 12. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2011-2 (TWIN OAKS AVENUE) 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 and requested the City Clerk open the ballots. There being no members of the public who wished to speak, Mayor Cox closed the public heazing. Page 5 -Council Minutes July 17, 2012 /~-s Items 14 through 16 were heazd at this time while ballots for items 11 and 12 were being tabulated. Items 11 and 12 were continued after the conclusion of item 16. BOARD AND COMMISSION REPORTS 13. Item 13 was noticed as time certain for 4:30 p.m. and was taken out of order following the special orders of the day. OTHER BUSINESS 14. CITY MANAGER'S REPORTS City Manager Sandoval provided an update on the status of AB 1484. He also stated there would be no Council meeting on July 24, 2012 and that the next meeting would be August 7, 2012 at 10:00 a.m. 15. MAYOR'S REPORTS • Ratification of appointment of the following boards and commissions: Georgina Starkey Boazd of Appeals & Advisors Bryan Felber Charter Review Commission Maggie Curiel Commission on Aging Miguel Blanco Commission on Aging Jennifer Rodriquez Cultural Arts Commission Muriel Kulikowski Cultural Arts Commission Mazshall Hamilt Housing Advisory Commission Lillian Uy Housing Advisory Commission Benjamin Flores Resource Conservation Commission Anthony Stewart Veterans Advisory Commission ACTION: Mayor Cox moved to ratify the appointments of the above boazds and commission members. Councilmember Bensoussan seconded the motion, and it carried 5-0. 16. COUNCILMEMBERS' COMMENTS ACTION: Councilmember Ramirez moved to support the 2013 International Friendship Games. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. At the request of Councilmember Bensoussan, there was consensus of the Council to add an item to the next agenda to consider declaring September as Chula Vista Arts Month. Page 6 -Council Minutes j~ July 17, 2012 ~4./"" At the request of Councilmember Bensoussan, there was consensus to direct the City Manager to provide a report on the impacts of offering free parking for merchants on Third Avenue who are impacted by streetscape project on Third Avenue. Councilmember Bensoussan announced the Bayfront Powwow event that will be held in August. Councilmember Aguilar requested information on moving Public Comments to an earlier place in the agenda. Mayor Cox stated she would take the referral under advisement and take speaker slips earlier whenever possible. City Attorney Googins provided an update on the lawsuit filed regarding AB 1484 and stated staff would bring an update at the closed session meeting of August 7, 2012. Items 11 and 12 were continued at this time. 11. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2012-01 (ALPINE AVENUE) 12. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2011-2 (TWIN OAKS AVENUE) City Clerk Norris announced that 10 ballots were received for the formation of district 2012-O1 (Alpine Avenue). There were 9 votes in favor and 1 opposed. City Clerk Norris stated that the formation of the district passed. City Clerk Norris announced that 11 ballots received for the formation of district 2011-2 (Twin Oaks Avenue). There were 8 votes in favor, 1 opposed, and 2 were insufficient. City Clerk Norris stated that the formation of the district passed. ACTION: Mayor Cox moved to adopt the following Resolution Nos. 2012-150 and 2012- 151, headings read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. RESOLUTION NO. 2012-150 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2012-01 (ALPINE AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, THE IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO RESOLUTION NO. 2012-151 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2011-02 (TWIN OAKS AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, THE IMPOSITION Page 7 -Council Minutes / July 17, 2012 l ~~~ OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO ADJOURNMENT At 9:02 p.m., Mayor Cox adjourned the meeting to the meeting of August 7, 2012, at 10:00 a.m. ~~~~~~ ~ Kerry K. i low, Sen o Deputy City Clerk Page 8 -Council Minutes p July 17, 2012 /~~O