HomeMy WebLinkAboutcc min 2012/11/20MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 20, 2012
2:00 p.m.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:09
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Aguilar (via teleconference), Bensoussan
(arrived at 2:12 p.m.), Castaneda, Ramirez and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk
Norris, and Senior Deputy City Clerk Bigelow
City Clerk Norris announced that Councilmember Aguilar was participating via teleconference
and videoconference from the following location: 15965 Meadow King Way, Alpharetta,
Georgia 30004.
Councilmember Aguilaz stated she complied with all requirements of the Brown Act, including
posting the agenda and assuring public accessibility to the location. She stated no members of the
public were participating from her location.
Mayor Cox announced that all votes would be taken by roll call.
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Dr. Emerald Randolph led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
• WRAP-UP REPORT ON SEPTEMBER 29 HOUSEHOLD HAZARDOUS WASTE
COLLECTION EVENT AND PRESENTATION OF COMPUTERS FROM
COMPUTERS2SDKIDS TO MAAC PROJECT, YOUTH IN TRANSITION PROGRAM
- HELPING YOUNG MEN AND WOMEN TRANSITION OUT OF THE FOSTER
CARE SYSTEM
Recycling Specialist II Medrano provided the report on the household hazazdous waste collection
event. Youth from the MAAC Project made statements on how the computers they receiviced
from Computers2SDKids would help them.
Page 1 Council Minutes November 20, 2012
• PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2012
CHRISTMAS IN OCTOBER PROGRAM IN THE CITY OF CHULA VISTA
Dr. Randolph made a presentation regarding the 2012 Christmas in October program.
Homeowners who received help with their homes through Christmas in October expressed their
gratitude. Dr. Randolph recognized Home Depot, Allied Waste Services, SDG&E, and United
Technologies for their support of the program.
• RECOGNITION OF LIBERTY ELEMENTARY FIFTH GRADER TYLER AHN
RODEN FOR WINNING THE LADIES AUXILIARY, MILITARY ORDER OF THE
PURPLE HEART, UNIT 49 FIFTH GRADE ESSAY CONTEST, "WHY IT'S
IMPORTANT TO THANK OUR VETERANS"
Tyler Ahn Roden read his essay, "Why It's Important to Thank Our Veterans."
CONSENT CALENDAR (Items 1-19)
City Attorney Googins clarified regarding Item 7A that the intent of the parties was to enter into
a full one-yeaz agreement. He stated that staff recommended approval of a modification to the
term to reflect July 1, 2012 through June 30, 2013. He stated that should the Council approve the
item, the modification would be incorporated into the final document.
Item 3 was removed from the Consent Calendar by Mayor Cox.
1. APPROVAL OF MINUTES of August 27, September 11, 18 and 20, 2012.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from Tim P. Jones, Board of Appeals.
Recommendation: Council accept the resignation.
B. Letter of resignation from Katarzyna Lappin, Cultural Arts Commission.
Recommendation: Council accept the resignation.
C. Letter of resignation from Hannelore Inman, Historic Preservation Commission.
Recommendation: Council accept the resignation.
3. Item removed from Consent Calendar.
4. ORDINANCE NO. 3241 OF THE CITY OF CHULA VISTA AMENDING THE
CHULA VISTA MUNICIPAL CODE BY AMENDING CHAPTER 9.13
Page 2 ~ Council Minutes November 2Q 2012
REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR
SEXUALLY ORIENTED BUSINESSES AND REPEALING CHAPTER 9.22
(SECOND READING AND ADOPTION) (City Attorney)
Staff recommendation: Council adopt the ordinance.
5. RESOLUTION NO. 2012-210 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A $825 DONATION FROM THE ROTARY CLUB OF CHULA
VISTA AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2012/2013
BUDGET OF THE FIRE DEPARTMENT (4/STHS VOTE REQUIRED) (Fire Chief)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION N0. 2012-211 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A LEASE FOR REAL PROPERTY WITH THE U.S.
GOVERNMENT FOR THE STORAGE OF AN EMERGENCY COMMAND AND
CONTROL VEHICLE AT FIRE STATION 8 AND APPROPRIATING $9,750 TO THE
FISCAL YEAR 2012/2013 BUDGET OF THE FIRE DEPARTMENT (4/STHS VOTE
REQUIRED) (Fire Chiet)
Staff recommendation: Council adopt the resolution.
7. A. RESOLUTION NO. 2012-212 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CHULA VISTA AND THE SERVICE EMPLOYEE'S INTERNATIONAL
UNION LOCAL 221/CHULA VISTA EMPLOYEES ASSOCIATION (SEIU/CVEA)
REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
B. RESOLUTION NO. 2012-213 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CHULA VISTA AND THE MID MANAGERS/PROFESSIONAL
ASSOCIATION/SEIU LOCAL 221, CLC, CTW (MM/PA) REGARDING
COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
(Director of Human Resources)
Staff recommendation: Council adopt the resolution.
Page 3 Council Minutes November 20, 20]2
C. RESOLUTION NO. 2012-214 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CHULA VISTA AND THE WESTERN COUNCIL OF ENGINEERS (WCE)
REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT AND CREATION OF SENIOR LAND SURVEYOR POSITION AND
ADDITION OF SAID POSITION TO THE CITY'S CLASSIFICATION PLAN
(Director of Human Resources)
Staff recommendation: Council adopt the resolution.
8. ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING UNTIL DECEMBER
31, 2013, THE FEE DEFERRAL PROGRAM FOR CERTAIN DEVELOPMENT FEES
TO ALLOW PAYMENT PRIOR TO BUILDING PERMIT FINAL INSPECTION
INSTEAD OF AT BUILDING PERMIT ISSUANCE (FIRST READING) (Assistant
City Manager/Development Services Director)
Staff recommendation: Council place the ordinance on first reading.
9. RESOLUTION NO. 2012-215 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $7,302 FROM THE BUREAU OF JUSTICE ASSISTANCE AND
APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE
BULLETPROOF VEST PARTNERSHIP (4/STHS VOTE REQUIRED) (Police Chief)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2012-216 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION
PLAN TO REFLECT THE ADDITION OF A POLICE SERVICES OFFICER
SUPERVISOR AND AUTHORIZING THE RECLASSIFICATION OF TWO POLICE
SERVICES OFFICERS TO POLICE SERVICES OFFICER SUPERVISORS (4/STHS
VOTE) (Police Chiefj
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2012-217 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A LEASE AGREEMENT WITH EV PEREZ GRAVEL FOR A
PORTION OF CITY OWNED PROPERTY LOCATED AT 707 "F" STREET AND
AUTHORIZING THE REAL PROPERTY MANAGER TO EXECUTE THE
AGREEMENT (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 4 ~ Council Minutes November 20, 2012
12. RESOLUTION NO. 2012-218 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND MOFFATT AND NICHOL TO PROVIDE
PRELIMINARY ENGINEERING, ENVIRONMENTAL DOCUMENTATION AND
FINAL DESIGN FOR THE HERITAGE ROAD BRIDGE REPLACEMENT PROJECT
AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY (Director of Public Works)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 20]2-219 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FISCAL YEAR 2012/2013 EQUIPMENT REPLACEMENT
FUND BUDGET BY APPROPRIATING $256,652 TO THE OTHER EXPENDITURE
CATEGORY (4/STHS VOTE REQUIRED) (Director of Public Works)
Staff recommendation: Council adopt the resolution.
14. RESOLUTION NO. 2012-220 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD FOR ACQUISITION AND LEASE OF COMPRESSED
NATURAL GAS BUSES (Director of Public Works)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION NO. 2012-221 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE APPLICATION FOR RUBBERIZED PAVEMENT
GRANT FUNDS FOR FISCAL YEAR 2012/2013 AND TO AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE
IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT DOCUMENTS,
INCLUDING BUT NOT LIMITED TO, APPLICATIONS, AGREEMENTS,
AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE
GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECT (Director
of Public Works)
Staff recommendation: Council adopt the resolution.
16. RESOLUTION NO. 2012-222 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE SUBMITTAL OF ACAL-RECYCLE WASTE TIRE
ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF
SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND
AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY
OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS,
CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR
THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND
CARRY OUT THE PURPOSE SPECIFIED IN THE GRANT THROUGH JUNE 30,
2017 (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 5 Council Minutes November 20, 2012
17. RESOLUTION NO. 2012-223 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BICYCLE TRANSPORTATION ACCOUNT GRANT FUNDS
IN THE AMOUNT OF $404,794 FOR THE COMPLETION OF A CLASS II
BIKEWAY GAP ALONG WESTBOUND EAST ORANGE AVENUE BETWEEN
MELROSE AVENUE AND LOMA LANE, AUTHORIZING THE CITY ENGINEER
TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE STATE OF CALIFORNIA, AMENDING THE CIP FISCAL YEAR 2012/2013
BUDGET, CREATING A NEW CIP PROJECT STM377 "WESTBOUND EAST
ORANGE AVENUE BIKE GAP PROJECT" AND APPROPRIATING $404,794 TO
THE OTHER TRANSPORTATION FUND AND $50,031 TO THE
TRANSPORTATION SALES TAX FUND (TRANSNET) (4/STHS VOTE REQUIRED)
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
18. RESOLUTION NO. 2012-224 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE
"EMERGENCY STORM DRAIN REPAIRS AT LANSLEY WAY & MENDOCINO
DRIVE (DR180F)," MAKING A FINDING THAT AN EMERGENCY EXISTED, AND
RATIFYING THE CONTRACT WITH TC CONSTRUCTION COMPANY, INC. FOR
SAID EMERGENCY REPAIR (Director of Public Works)
Staff recommendation: Council adopt the resolution.
19. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 14.20.030
AND 14.20.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
"STORM WATER MANAGEMENT AND DISCHARGE CONTROL" (FIRST
READING) (Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent
Calendar items 1, 2, and 4 through 19, headings read, text waived. Deputy Mayor
Castaneda seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ORDINANCE NO. 3240 OF THE CITY OF CHULA VISTA AMENDING SECTIONS
2.11.030, 2.11.035, 2.11.060, 2.11.090, 2.28.110 C, AND ADDING CHAPTER 2.73
(LEGISLATIVE COUNSEL) TO THE CHULA VISTA MUNICIPAL CODE IN
ORDER TO IMPLEMENT PROPOSITION "C", ADOPTED AT THE JUNE 2012
MUNICIPAL ELECTION (SECOND READING AND ADOPTION) (Prop "C"
Implementation Subcommittee - Councilmembers Aguilar and Ramirez)
Staff recommendation: Council adopt the ordinance.
Page 6 ~ Council Minutes November 2Q, 2012
ACTION: Councilmember Ramirez moved to adopt Ordinance No. 3240, heading read, text
waived. Councilmember Aguilar seconded the motion, and it can•ied 3-2, with
Councilmember Bensoussan and Mayor Cox opposed.
PUBLIC COMMENTS
Amanda Lewis, Chula Vista resident, spoke in support of installing a stop sign at the corner of
Nacion and Melrose Avenue.
Linda Wagner, Senior Council Assistant and Chula Vista resident, thanked the citizens of Chula
Vista for allowing her to serve the City of Chula Vista.
PUBLIC HEARINGS
20. CONSIDERATION OF APPEAL BY LEWIS BREWER OF THE ZONING
ADMINISTRATOR'S DECISION APPROVING CONDITIONAL USE PERMIT PCC-
11-073, THE UNOCAL GAS STATION AND MINI-MART BEER AND WINE
ALCOHOLIC BEVERAGE CONTROL LICENSE (Assistant City Manager/Director of
Development Services)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DENYING THE APPEAL OF LEWIS BREWER AND APPROVING THE
CONDITIONAL USE PERMIT (PCC-11-073) TO PERMIT THE SALE OF BEER
AND WINE AT THE UNOCAL GAS STATION AND MINI-MART LOCATED AT
1495 MELROSE AVENUE IN THE CITY OF CHULA VISTA
Notice of the heazing 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 he would recuse himself from participating in Item 20 due to work
done through his private practice in 2008, where a similar application was made. He stated
Deputy City Attorney Hawkins and Deputy City Attorney Shirey had supported staff on the item
and would advise the City Council on the item. City Attorney Googins left the room during
discussion and voting on the item.
Associate Planner Zumwalt made a presentation regarding the conditional use permit appeal for
the Unocal Gas Station and Mini-Mart.
Mayor Cox opened the public heazing.
Page 7 ~ Council Minutes November 20, 2012
The following residents spoke in support of staff's recommendation on Item 20:
• Diego Juazez, Chula Vista resident
• Jaime Elizondo, Chula Vista resident
• Mazco Polo Cortez
• Sarmad Habib, Chula Vista resident
• Ron Gazcia, Chula Vista resident
• Charles Tolbert, Chula Vista resident
• Phil Christensen, Chula Vista resident
• Melissa Young, Chula Vista resident
• Isaac Smith, Chula Vista resident
The following members of the public submitted written documentation in support of staffls
recommendation but were not present or declined to speak:
• Kamal Nona, Chula Vista resident
• Nedhal Yelda, Chula Vista resident
• Theira Nona, Chula Vista resident
• Yaqub Nona, Chula Vista resident
• Brandon Ruff, Chula Vista resident
• Charles Tolbert, Chula Vista resident
• Phil Christensen, Chula Vista resident
The following members of the public spoke in opposition of staff's recommendation:
• Lew Brewer, Chula Vista resident
• Tom Ratliff, Chula Vista resident
• Joseph Garrett, Chula Vista resident
• Jose Ibarra, Chula Vista resident
• Connie Williams, Chula Vista resident
• Rudy Moreno, Chula Vista resident
• Jack Meng, Chula Vista resident
• Theresa Acerro, Chula Vista resident
• Noble Gay, San Diego resident
The following member of the public submitted written documentation in opposition of staffls
recommendation but was not present to speak:
• Jose Coria, Chula Vista resident
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Joseph Carrillo, Hemet resident, submitted written documentation in support of staffls
recommendation after the public heazing was closed.
Mayor Cox recessed the meeting at 4:52 p.m. The Council reconvened at 5:09 p.m., with all
members present.
Page 8 Council Minutes November 20, 2012
Items 21 through 23 were heard at this time. Item 20 was continued after the conclusion of Item
23.
OTHER BUSINESS
21. CITY MANAGER'S REPORTS
City Manager Sandoval reported on the launch of the Shop Chula Vista Now program.
22. MAYOR'S REPORTS
Mayor Cox reported that the South Bay Expressway celebrated its fifth birthday. She also stated
that SeaWorld Parks and Entertainment had acquired Knott's Soak City and would renovate the
park.
23. COUNCILMEMBERS' COMMENTS
Councilmember Ramirez spoke in support of initiating afull-cost recovery sign ordinance.
Mayor Cox stated that Assistant City Manager Halbert planned to present a report to the Council
after January 2013. Councilmember Ramirez also spoke in support of restricting ABC licenses in
certain azeas of the City.
Deputy Mayor Castaneda reported on the parade at Otay Ranch Town Center.
Councilmember Bensoussan reported on the California Native Plant Society and the Garden
Club dedication of a garden for the South Chula Vista Branch Library. She also announced
Southwestern College performances and holiday gift drives.
Councilmember Aguilar spoke in support of Councilmember Ramirez's statements regarding
sign ordinances and ABC licenses.
Item 20 was continued at this time.
Deputy City Attorney II Hawkins presented the revised resolution.
ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2012-
225, heading read, text waived. Mayor Cox seconded the motion, and it carried 5-
0.
RESOLUTION NO. 2012-225 OF THE CHULA VISTA CITY COUNCIL GRANTING
THE APPEAL OF LEWIS BREWER, REVERSING THE DECISION OF THE
ZONING ADMINISTRATOR AND DENYING THE CONDITIONAL USE PERMIT
(PCG11-073) TO PERMIT THE SALE OF BEER AND WINE AT THE UNOCAL
GAS STATION AND MINI-MART LOCATED AT 1492 MELROSE AVENUE IN
THE CITY OF CHULA VISTA.
Page 9 ~ Council Minutes November 20, 2012
Mayor Cox stated that the Council would not consider Item 24 at that time.
CLOSED SESSION
24. A. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Guadalupe Gonzalez v. City of Chula Vista, et al., San Diego Superior Court, Case No.
3 7-2011-00097857-CU-PA-CTL
B. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(b)
One (1) case.
C. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c)
One (1) case.
ADJOURNMENT
At 5:29 p.m., Mayor Cox adjourned the meeting in memory of Chula Vista resident Jerry Scott
to a Special City Council Meeting on December 4, 2012, at 6:00 p.m., in the Council Chambers.
Kerry K. i elow, for Deputy City Clerk
Page ] 0 ~ Council Minutes November 20, 2012