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Home My WebLink Aboutcc min 2012/08/07MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 7, 2012 10:00 a.m. A Specia] Meeting of the City Council of the City of Chula Vista was called to order at 10:06 a.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 Norris, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Senior Records Specialist Briggs and Deputy City Clerk Kansas led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • INTRODUCTION OF THE ODAWARA, JAPAN AMBASSADORS, YUKARI OKAMOTO, MIYU KAWAGUCHI, SHO IWATA AND FUZUKI ISOZAKI IN THE YOUNG PROFESSIONAL/STUDENT EXCHANGE PROGRAM BY INTERNATIONAL FRIENDSHIP COMMISSION CHAIR REBECCA KELLEY International Friendship Commission Chair Kelley introduced the Odawara, Japan ambassadors Yukari Okamoto, Miyu Kawaguchi, Sho Iwata, and Fuzuki Isozaki, and Councilmember Ramirez presented them with flags of the United States, California, and Chula Vista. The Chula Vista delegates, Juliana Boucree, Joshua Trinidad, and Kassandra Urbina thanked the Council for its support of the exchange program. • INTRODUCTION OF EMPLOYEES OF THE MONTH SENIOR RECORDS SPECIALIST ELIZABETH BRIGGS AND DEPUTY CITY CLERK SHEREE KANSAS BY CITY CLERK DONNA NORRIS City Clerk Norris introduced employees of the month, Elizabeth Briggs and Sheree Kansas. Mayor Cox read the proclamation. Page I - Counci] Minutes August 7, 2012 OATHS OF OFFICE Georgina Starkey Maggie Curiel Miguel Blanco Muriel Kulikowski Anthony Stewart Mazshall (Dawes) Ilamilt Lillian Uy Board of Appeals & Advisors Commission on Aging Commission on Aging Cultural Arts Commission Veteran Advisory Commission Housing Advisory Commission Housing Advisory Commission City Clerk Norris administered the oaths of office to Commissioners Starkey, Curiel, Kulikowski, Stewart, Hamilt, and Uy. Councilmember Aguilar presented them with certificates of appointment. • PRESENTATION OF KABOOM! PLAYFUL CITY USA STREET SIGNS TO RICK HOPKINS, DIRECTOR OF PUBLIC WORKS Council Assistant Santander presented the Kaboom! Playful City USA awazd and street signs awazded to the City of Chula Vista. Councilmember Bensoussan and Public Works Director Hopkins accepted the awazd. • PRESENTATION OF A PROCLAMATION PROCLAIMING SEPTEMBER 2012 AS CHULA VISTA ARTS MONTH TO AL GORE, CULTURAL ARTS COMMISSION CHAIR Councilmember Bensoussan presented a proclamation to Cultural Arts Commission Chair Gore. Councilmember Bensoussan and Sr. Council Assistant Johnson provided information regarding the Powwow on the Bayfront. Chula Vista Artist Michael Leaf spoke regarding arts events and presented his artwork made of recycled metal. Georgie Stillman, representing the San Diego Port Art Commission, presented the Port's temporary art exhibits. • PRESENTATION BY THE AZTEC DANCERS AND SOUTH BAYFRONT ARTISTS REGARDING CHULA VISTA'S FIRST POWWOW ON THE BAYFRONT HONORING NATIVE AMERICAN TRADITIONS Local Artist Omaz Quintero introduced the South Bayfront Powwow to be held August 11 and 12, 2012. Chuck Cadotte introduced the Soaring Eagles dance group and members of the Native American community. • PRESENTATION OF A PROCLAMATION TO SUNROAD ENTERPRISES VICE PRESIDENT DAN FELDMAN, RECOGNIZING SUNROAD ENTERPRISES' 35TH ANNIVERSARY Mayor Cox read a proclamation to Dan Feldman, Vice President of Sunroad Enterprises, and Deputy Mayor Castaneda presented him with a certificate. Page 2 -Council Minutes August 7, 2012 CONSENT CALENDAR Item 6 was removed from the Consent Calendar for sepazate consideration. Deputy Mayor Castaneda stated he would be abstaining from voting on Item 6 due to a potential property- related conflict of interest. 1. APPROVAL OF MINUTES of Apri13, 5 and 17, 2012. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the Jody 10, 2012 Special Joint meeting of the City Council and Successor Agency to the Redevelopment Agency. Recommendation: Council excuse the absence. 3. RESOLUTION NO. 2012-152 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROVAL OF THE FIRST AMENDMENT OF THE REGIONAL TRAINING CENTER JOINT EXERCISE OF POWERS AGREEMENT (City Manager) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2012-153 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACTS TO ADVANTAGE SENTRY AND PROTECTION INC. AND NATIONAL PUBLIC SAFETY INC. TO PROVIDE PRISONER TRANSPORTATION SERVICES (Police Chief) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2012-154 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "TRAFFIC SIGNAL MODIFICATION AT FOURTH AVENUE AND "G" STREET [CIP NO. TF373, FEDERAL PROJECT NO. HSIPL 5203 (031)]" PROJECT TO LEKOS ELECTRIC, INC., IN THE AMOUNT OF $152,375, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $30,475 (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. Item was removed from Consent Calendaz. Page 3 -Council Minutes August 7, 2012 ACTION: Mayor Cox moved to approve staffls recommendations and offered Consent Calendar Items 1 through 5, headings read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSF,NT CALENDAR Deputy Mayor Castaneda stated he would be abstaining from voting on Item 6 due to a potential properiy-related conflict of interest and left the dais during discussion and voting on the item. h. RESOLUTION NO. 2012-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) AN AMENDMENT TO THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO RE-ALLOCATE $18,245 OF COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO ELIGIBLE PROJECTS; (2) AMENDING THE 2012-2013 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "ADA RAMPS AT THE KEN LEE BUILDING AND MISCELLANEOUS ACCESSIBILITY IMPROVEMENTS WITHIN THE CIVIC CENTER COMPLEX" (STL391) (3) APPROPRIATING $18,245 TO STL391 BY REALLOCATING THE CDBG-R FUNDING APPROPRIATED TO THE "ADA CURB CUT PROJECT" (STL377); AND (4) AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN THE PROJECT (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services) ACTION: Mayor Cox moved to adopt Resolution No. 2012-155, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 4-0-1, with Deputy Mayor Castaneda abstaining. PUBLIC COMMENTS Penny Vaughn, Chula Vista resident, thanked the Council for its work with the Coastal Commission on the Bayfront project. Shirley Bodie, Chula Vista resident, expressed concern regarding code enforcement, and encouraged the City to educate the public on building codes. Mayor Cox referred the issue to staff for follow up. BOARD AND COMMISSION REPORTS 7. CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND THE CITY CHARTER TO PROVIDE FOR DISTRICT ELECTIONS, INCLUDING CHARTER REVIEW COMMISSION AND STAFF REPORTS REGARDING COUNCIL REFERRALS FROM JULY 17, 2012 MEETING: PROPOSED AMENDMENTS TO CHARTER SECTION 300.B. (COUNCIL ELIGIBILITY REQUIREMENTS), USE OF RANKED VOTING, AND MANDATORY RUNOFF ELECTION BETWEEN TOP TWO VOTE-GETTERS AT JUNE ELECTION FOR MAYOR AND CITY ATTORNEY (Charter Review Commission and City Attorney) Page 4 -Council Minutes August 7, 2012 Assistant City Attorney Maland presented the proposed ballot measure item to amend the City charter to provide for district elections. Chairperson Bellamy explained the Charter Review Commission's recommendations on the ballot measure and the Commission's additional research on drawing district lines. Patty Davis, Bonita resident, spoke in opposition of the proposed ballot rneasure regarding district elections. There was consensus of a majority of the Council to inc]ude ballot measure language requiring that both the June and November elections be based on a candidate's geographic district. There was consensus of a majority of the Council to include ballot measure language requiring that the top two vote getters in the June election would runoff in the November election, regardless of the percentage of the votes any one candidate received. There was consensus of a majority of the Council to include ballot measure language allowing candidates to forego the June primary election and run solely in the special November election should there only be two candidates running for a particular seat. There was consensus of a majority of the Council to include ballot measure language requiring a commission structure to be responsible for drawing district lines, as recommended by the Charter Review Commission. There was consensus of a majority of the Council to include ballot measure language transitioning Council seats to election based on a candidate's geographic district as follows: seats 3 and 4 in 2016 and seats 1 and 2 in 2018. Mayor Cox announced a meeting recess at 12:45 p.m. The Council reconvened at 1:05 p.m., with all members present. Discussion of Item 7 was continued following Item 8. 8. This item was taken out of order and heard following Item 11. Items 9 through 11 were taken out of order and discussed at this time. OTHER BUSINESS 9. CITY MANAGER'S REPORTS City Manager Sandoval announced upcoming Council meeting dates and times. He stated that staff would present a report at the meeting of September 25, 2012 regarding the analysis of the 10:00 a.m. start time for Council meetings. Page 5 -Council Minutes August 7, 2012 10. MAYOR'S REPORTS Ratification of appointments of Maribel Larios to the Charter Review Commission and Ritchie Adair to the Safety Commission. ACTION: Mayor Cox moved to ratify the appointments of Maribel Larios to the Charter Review Commission and Ritchie Adair to the Safety Commission. Councilmember Ramirez seconded the motion, and it carried 5-0. 11. COUNCILMEMBERS' COMMENTS Deputy Mayor Castaneda introduced the following resolutions, reaffirming the City's inten*>ion to comply with the Ralph M. Brown Act and support a constitutional amendment to incorporate the Brown Act into the California constitution. ACTION: Deputy Mayor Castaneda moved to adopt the following Resolution Nos. 2012-157 and 2012-158, headings read, text waived. Councilmember Aguilar seconded the motion, and it carried 5-0. A. RESOLUTION NO. 2012-157 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENT TO COMPLY WITH ALL PROVISIONS OF THE RALPH M. BROWN ACT AND DIRECTING THE CITY CLERK TO DISTRIBUTE THE RESOLUTION TO CERTAIN STATE OFFICIALS AND OTHERS B. RESOLUTION NO. 2012-158 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS SUPPORT OF CALIFORNIA SENATE CONSTITUTIONAL AMENDMENT 7 (YEE) AND DIRECTING THE CITY CLERK TO DISTRIBUTE THE RESOLUTION TO CERTAIN STATE OFFICIALS AND OTHERS Councilmember Ramirez reported on his public office hours. At the request of Councilmember Ramirez, there was consensus of the Council to consider at its meeting of August 14, 2012 Council authorization for Mayor Cox to write a letter in support of Proposition 35, the "Californians Against Sexual Exploitation Act," which would appear on the November 6, 2012 California ballot. Councilmember Ramirez discussed the work of Tijuana Innovadora and requested Council consider allowing the organization to provide a brief presentation at the meeting of September 11.2012. Councilmember Bensoussan stated her office is hosting a bi-national women's forum on October 4, 2012 on reproductive rights and human trafficking. Page 6 -Council Minutes Augus[ 7, 2012 At the request of Councilmember Bensoussan, there was consensus of the Council to consider a Sunshine policy that would require full disclosure of all interests, potential conflicts, and interested parties on items of significance brought to Council by its members. She stated the item would likely be brought forwazd for consideration in October 2012. Councilmember Aguilar expressed her pride in being an American in light of the success of the U.S. Olympic teams and the Curiosity rover that landed on D4azs. Item 8 was taken out of order and discussed at this time. 8. PROPOSITION C: CITY ATTORNEY'S PRESENTATION OF OUTSIDE COUNSEL QUALIFICATIONS FOR ASSISTANCE WITH PREPARATION OF IMPLEMENTING ORDINANCE AND COUNCIL .".CTION IN CONNECTION WITH SAME - City Attorney Googins presented four options of outside counsel to assist with prepazation of implementing the ordinance and Council action in cormection with Proposition C. ACTION: Deputy Mayor Castaneda moved to authorize the City Attorney to retain Mr. Lowe for the purpose of implementing the ordinance and assisting Council in its actions in connection with Proposition C. Councilmember Ramirez seconded the motion, and it carried 5-0. At the request of Deputy Mayor Castaneda, there was consensus of a majority of the Council to consider the formation of a Council committee to work with the City Manager and Special Counsel to develop a report relating to the implementation of Proposition C at the meeting of August 14, 2012. At 2:01 p.m., Mayor Cox recessed the City Council meeting to convene the Successor Agency to the Redevelopment Agency for the separately noticed meeting. At 2:10 p.m., the Council reconvened and Mayor Cox announced the Council would convene in Closed Session to discuss Item 12. John Hess, representing International Association of Fire Fighters Local 2180, spoke in support of implementing Advanced Life Support (ALS). At 2:11 p.m., the Council convened in Closed Session to discuss Item 12. 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. Page 7 -Council Minutes August 7, 20]2 12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Glen Googins, Simon Silva, Maria Kachadoorian, David Bejarano, Gary Wedge, David Hanneman and Kelley Bacon Employee organizations: Mid ManagersiProfessionals, CVEA, WCE, IAFF and POA The Council reconvened in open session at 3:03 pan., with all members present. The balance of Item 7 was addressed at this.time. The Council discussed the propoxd wording of the ballot measure language. ACTION: Mayor Cox moved to exclude the Mayor and City Attorney positions from the ballot measure. Councilmember Bensoussan seconded the motion, and it failed, 2- 3, with Councilmembers Aguilaz, Castaneda, and Ramirez opposed. Mayor Cox announced a meeting recess at 3:26 p.m. The Council reconvened at 3:43 p.m., with all members present. The Council continued discussion of the proposed wording of the ballot measure language. At the request of Deputy Mayor Castaneda, there was consensus of a majority of the Council to include ballot measure language to implement the mandatory runoff in 2014 provision for all elected officials: Mayor, City Attorney, and all Council seats. There was consensus of the Council to present the district elections and mandatory runoff items in a single measure. Mayor Cox recessed the meeting at 4:45 p.m. The Council reconvened at 5:10 p.m. with all members present. City Attorney Googins presented the revised ballot language: "Shall the City of Chula Vista Charter be amended so that the City Councilmembers are elected by geographic districts where they reside, with district boundaries drawn by a citizens' commission, with elections in which only district residents can vote starting in 2016 and phased in completely by 2018, and so that City Councilmembers, the Mayor, and the City Attomey are elected at mandatory November runoff elections starting 2014." ACTION: Councilmember Ramirez moved to adopt the following Resolution No. 2012-156, as amended to include revised ballot language, heading read, text waived. Councilmember Aguilar seconded the motion, and it carried 4-1, with Mayor Cox opposed. Page 8 -Council Minutes August 7, 2012 RESOLUTION NO. 2012-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2012-127 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2012 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTION 300 AND ADD NEB' SECTION 300.5 TO PROVIDE FOR DISTRICT ELECTIONS AND MANDATORY RUNOFF ELECTIONS FOR THE COUNCIL, MAYOR, AND CITY ATTORNEY ACTION ITEMS 8. This item was taken out of order and discussed following Item 11. OTHER BUSINESS 9. This item was taken o~rt of order and discussed during a recess of Item 7. 10. This item was taken out of order and discussed during a recess of Item 7, following item 9. 11. This item was taken out of order and discussed during a recess of Item 7, following item 10. CLOSED SESSION 12. This item was taken out of order and discussed following Item 8. ADJOURNMENT At 5:41 p.m., Mayor Cox adjourned the meeting to the next Regular City Council meeting on August 14, 2012, at 4:00 p.m., in the Council Chambers. ,~~ ~~~ Donna R. Norris, CMC, City Clerk Page 9 -Council Minutes August 7, 2012