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Home My WebLink Aboutcc min 2013/01/08MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 8, 2013 2:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilaz, Bensoussan, Ramirez, Salas 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 Mayor Cox led the Pledge of Allegiance. Norbert Stein, Chula Vista resident, read a holiday poem. SPECIAL ORDERS OF THE DAY • OATHS OF OFFICE Juan Gonzales David Paseman Charlaine Carter Willie Harris Christine Moore Aracely Rodriguez Julie Danielson Mark Valen Civil Service Commission Civil Service Commission Commission on Aging Cultural Arts Commission Cultural Arts Commission Cultural Arts Commission Historic Preservation Commission Resource Conservation Commission City Clerk Noms administered the oaths of office to Commissioners Gonzales, Paseman, Carter, Harris, Moore, Rodriguez, Danielson, and Valen, and Councilmember Salas presented them with certificates of appointment. • INTRODUCTION BY DIRECTOR OF LIBRARY AND RECREATION BETTY WAZNIS OF EMPLOYEE OF THE MONTH ANTHONY RAMOS, RECREATION SUPERVISOR III Assistant Director of Recreation McClure introduced employee of the month, Tony Ramos. Mayor Cox read the proclamation and Deputy Mayor Bensoussan presented it to Mr. Ramos. Page 1 ~ Council Minutes January 8, 2013 CONSENT CALENDAR (Items l -] 0) Item 10 was removed from the Consent Calendar for separate consideration by Mayor Cox. APPROVAL OF MINUTES of October 23, 2012. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Miguel Blanco, Commission on Aging. Recommendation: Council accept the resignation. ORDINANCE NO. 3248 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE FOLLOWING POSITIONS INTO THE UNCLASSIFIED SERVICE: (1) ASSISTANT DIRECTOR OF HUMAN RESOURCES, (2) ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY, AND (3) ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER (4/STHS VOTE REQUIRED) (SECOND READING AND ADOPTION) (City Manager) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3249 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (4/STHS VOTE REQUIRED) (SECOND READING AND ADOPTION) (City Manager) Staff recommendation: Council adopt the ordinance. 5. ORDINANCE NO. 3250 OF THE CITY OF CHULA VISTA AMENDING TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE BY THE ADDITION OF CHAPTER 19.90 TO ESTABLISH REQUIREMENTS FOR THE RESERVATION AND AFFORDABILITY OF HOUSING UNITS FOR VERY LOW, LOWER AND MODERATE INCOME HOUSEHOLDS AND SENIOR CITIZENS IN RESIDENTIAL PROJECTS UNDER A CITY WIDE AFFORDABLE HOUSING INCENTIVE PROGRAM (SECOND READING AND ADOPTION) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the ordinance. 6. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.25, "GENERAL RULES FOR BOARDS AND COMMISSIONS" (FIRST READING) (City Attorney and City Clerk) Staff recommendation: Council place the ordinance on first reading. Page 2 ~ Council Minutes January 8, 2013 7. RESOLUTION NO. 2013-001 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY AND (A) AMEC ENVIRONMENTAL & INFRASTRUCTURE, INC., (B) CTE CONSTRUCTION TESTING & ENGINEERING, INC., (C) KLEINFELDER WEST INC., AND (D) NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SERVICES TO PROVIDE ON-CALL GEOTECHNICAL, STORM WATER MONITORING, MATERIAL TESTING & SPECIAL INSPECTION CONSULTANT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS (CIP) AND OTHER CITY PROJECTS (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2013-002 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TOTALING $133,126.50 TO SAN DIEGO FREIGHTLINER FOR THE PURCHASE OF ONE (1) 10-12 CUBIC YARD DUMP TRUCK (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2013-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR TIRE-DERIVED PRODUCT GRANT FUNDS FOR FISCAL YEAR 2012-13 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 (Director of Public Works) Staff recommendation: Council adopt the resolution. 10. Item removed from Consent Calendar. ACTION: Mayor Cox moved to approve staffls recommendation and offered Consent Calendar Item 1, heading read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carved 4-0-1, with Councilmember Salas abstaining. ACTION: Mayor Cox moved to approve staffls recommendations and offered Consent Calendaz Items 2 through 9, headings read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR Councilmember Salas stated she would be abstaining from voting on Item l0A due to a potential property-related conflict of interest. Page 3 Council Minutes January 8, 2013 10. A. RESOLUTION NO. 2013-004 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE THIRD AVENUE STREETSCAPE IMPLEMENTATION PROJECT, PHASE 2, AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT (Assistant City Manager/Director of Development Services) ACTION: Mayor Cox moved to adopt Resolution No. 2013-004, heading read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carried 4-0-1, with Councilmember Salas abstaining. B. RESOLUTION NO. 2013-005 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE PROGRAM PLANNING GRANT FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR DEVELOPMENT OF A HEALTHY COMMUNITIES PROGRAM INCLUDING A GENERAL PLAN AMENDMENT INCORPORATING HEALTHY COMMUNITIES AND COMPLETE STREETS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Cox moved to adopt Resolution No. 2013-005, heading read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carried 5-0. PUBLIC COMMENTS Jeremiah Ivie, Chula Vista resident, spoke in support of establishing a scanning procedure for bio-communications weapons. OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Sandoval announced that Tim Colby, General Manager of Otay Ranch Town Center Mall would be retiring. He acknowledged Mr. Colby for helping establish the City's new library branch in the mall. He also stated that the Council meeting of January 22, 2013 would be cancelled. 12. MAYOR'S REPORTS • Appointment of Alternate Members to SANDAG Boazd of Directors Proposed:. Alternate 1 Councilmember Bensoussan Alternate 2 Councilmember Ramirez Page 4 ~ Council Minutes January 8, 2013 ACTION: Mayor Cox moved to appoint Deputy Mayor Bensoussan as Alternate 1 and Councilmember Ramirez as Alternate 2 to the SANDAG Boazd of Directors. Deputy Mayor Bensoussan seconded the motion, and it carried 5-0. At the request of Mayor Cox, there was a consensus of the Council to request staff to provide a report on what would be needed to review and update the Urban Core Specific Plan. At the request of Mayor Cox, there was consensus of the Council to direct staff to return with a proposed ordinance to amend Municipal Code Chapter 2.25 to require only the Mayor to interview applicants for the Board of Library Trustees and the Growth Management Oversight Commission, which is consistent with other City boards and commissions. At the request of Mayor Cox, there was consensus of the Council to direct the City Manager to return with his recommendation for the level of authority he should have in waiving City fees, such as fees related to holding special events. At the request of Mayor Cox, there was consensus of the Council to add an item to the agenda for an upcoming Council meeting to consider a proposed resolution regarding the Council's support against illegal gun possession and use that would be drafted by Mayor Cox and the City Attorney, in conjunction with the efforts of Mayors Against Illegal Guns. At the request of Mayor Cox, there was consensus of the Council to add an item to the agenda for the meeting of January 15, 2013, to consider Council appointments to outside agencies. 13. COUNCILMEMBERS' COMMENTS In response to a request from Deputy Mayor Bensoussan regarding an update to the Arts Master Plan, City Manager Sandoval stated staff would provide a brief update on the City's multiple master plans and the master fee schedule. Regarding proposed changes to the selection process for Boards and Commissions, Councilmember Ramirez stated he would not support changes that would no longer require full Council interviews for the Growth Management Oversight Commission. Councilmember Aguilaz spoke regazding a possible weapons buyback program. City Manager Sandoval stated he would provide the Council with information on such a program, and other programs for the voluntary surrender of weapons. Councilmember Aguilar paid tribute to Dr. Phil Lopez, a professor at Southwestern College who passed away over the holidays. Councilmember Salas paid tribute to David Lynch, Sweetwater Coach and Southwestern College instructor who passed away. Mayor Cox paid tribute to Chula Vista's Walter Chisholm, Masonic Lodge member. She also congratulated Commissioner Ann Moore on her appointment as Chair of San Diego Board of Port Commissioners. Page 5 Council Minutes January 8, 2013 CLOSED SESSION Mayor Cox announced that the Council would convene in Closed Session to discuss Items 14 and 171isted below. She stated the Council would not discuss Items 15 and 16. At 2:56 p.m., the Council convened in 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. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Guadalupe Gonzalez v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2011-00097857-CU-PA-CTL; B. Cazla Villa, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37- 2011-93296-CU-MC-CTL. 15. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case. 16. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) • One Case. 17. CONFERENCE WITH LEGAL COUNSEL REGARDING LIABILITY CLAIMS PURSUANT TO GOVERNMENT CODE SECTION 54956.95 Claimant: Jane Doe Agency Claimed against: City of Chula Vista ADJOURNMENT At 4:05 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on Tuesday, Januazy 15, 2013, at 2:00 p.m., in the Council Chambers. K.~ Kerry K. gelow, tior Deputy City Clerk Page 6 ~ Counci] Minutes January 8, 2013