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HomeMy WebLinkAboutcc min 2012/06/28 Special HA SAMINUTES 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 Aguilar (arrived at 4:04 p.m.), Bensoussan, Castaneda, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, 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 Item 6 was taken out of order and discussed at this time. CLOSED SESSION Mazk 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 Mazk 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 heazing was given in accordance with legal requirements, and the hearing was held on the date and at the time speciSed in the notice. Mayor Cox opened the public hearing. 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 -Council Minutes June 28, 2012 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 Parks and Recreation Commission • Mark 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 • Sazah 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 ^ Mazk 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 Library • 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 Mancilla, Chula Vista resident • Lorena Garcia, Chula Vista resident • Trena Bachtell, representing San Diego Elite Softball • Eazl Everett, Jr., representing San Diego Elite Softball • Jeremy Bachtell, representing San Diego Elite Softball • Brenda Mendoza, representing San Diego Elite Sofball • Theresa Davis, representing Bonita Valley GASA Mayor Cox closed the public hearing. Page 3 -Council Minutes June 28, 2012 Councilmember Aguilaz 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 Aguilar 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 regazding consolidating the Recreation and Library departments; keep the departments sepazate 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 Aguilaz 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 Aguilaz and Ramirez, and Deputy Mayor Castaneda opposed. Discussion continued on the item. Page 4 -Council Minutes June 28, 2012 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 20]2/2013 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 EXCLUDING THE FOLLOWING CAPITAL IMPROVEMENT PROJECTS: PR316, PR314, STL390, OP212, STM373, AND OPEN SPACE DISTRICT 8 B. Item 1 B was voted on following Item l I. 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 it carried 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 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 1G 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- 1, 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 2012/2013 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Page 6 -Council Minutes June 28, 2012 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 carried 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 Aguilaz: City Council discussion of Grand Jury Report regarding Chula Vista Tourism and Marketing District (TMD). Page 7 -Council Minutes June 28, 2012 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. 3. CITY MANAGER'S REPORTS City Manager Sandoval stated that Mazketing and Communications Manager Steinberger would contact Councilmembers to discuss the marketing plan. He also reported that the permit was issued for the demolition of the South Bay power plant. 4. MAYOR'S REPORTS Mayor Cox announced SR-125 toll reduction event. 5. 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 10, 2012, at 10:00 a.m., in the Council Chambers. Donna R. Norris, C ,City Clerk Page 8 -Council Minutes June 28, 2012