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HomeMy WebLinkAbout2013/02/05 Item 01MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 6, 2012 a~gFr 2:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilaz, Bensoussan, Castaneda (arrived at 2:48 p.m.), Ramirez and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Senior Deputy City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Special Events Coordinator Kingston led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY INTRODUCTION BY MARKETING AND COMMUNICATIONS MANAGER ANNE STEINBERGER OF EMPLOYEE OF THE MONTH STEPHANIE KINGSTON, SPECIAL EVENTS COORDINATOR Marketing and Communications Manager Steinberger introduced employee of the month Stephanie Kingston. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Special Events Coordinator Kingston. • PRESENTATION ON CHULA VISTA HOLIDAY SALES-MARKETING PROGRAM TO SUPPORT SHOPPING LOCALLY Marketing and Communications Manager Steinberger, Director of Economic Development Meacham, and Mazlee Ehrenfeld, representing MJE Mazketing, made a presentation on the Chula Vista Holiday Sales-Marketing Program to support shopping locally. • PROCLAMATION PROCLAIMING WEDNESDAY, NOVEMBER 7, 2012 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Mayor Cox read the proclamation and Councilmember Aguilar presented it to Senior Office Specialist Toth, who accepted it on behalf of the department's records and support personnel. Page 1 Council Minutes November 6, 2012 /~~~ PRESENTATION OF A PROCLAMATION TO CHULA VISTA COMMUNITY COLLABORATIVE EXECUTIVE DIRECTOR MARGARITA HOLGUIN AND CITY OF CHULA VISTA PROJECT COORDINATOR ANGELICA DAMS PROCLAIMING NOVEMBER 10 THROUGH NOVEMBER 18, 2012 AS NATIONAL HUNGER AND HOMELESS AWARENESS WEEK IN THE CITY OF CHULA VISTA Project Coordinator Davis made a presentation on homelessness in the region. Mazgarita Holguin, Executive Director of Chula Vista Community Collaborative, made a presentation on behalf of the South Bay Homeless Advocacy Coalition, and introduced members of the Coalition. Mayor Cox read the proclamation and Councilmember Ramiez presented it to Ms. Holguin. • PRESENTATION OF A PROCLAMATION TO JASON LALAK OF SMALL BUSINESS SATURDAY PROCLAIMING SATURDAY, NOVEMBER 24, 2012 AS SMALL BUSINESS SATURDAY IN THE CITY OF CHULA VISTA Director of Economic Development Meacham described Small Business Saturday. Mayor Cox read the proclamation and Deputy Mayor Castaneda presented it to Director of Economic Development Meacham, Marketing and Communications Manager Steinberger, Lisa Cohen, representing the Chula Vista Chamber of Commerce, and Luanne Hulsizer, representing Third Avenue Village Association. CONSENT CALENDAR (Items 1-4) Mayor Cox announced that Item 3 was removed from the Consent Calendar for consideration at a future meeting. Item 4 was removed from the Consent Calendar at the request of Councilmember Aguilar. 1. APPROVAL OF MINUTES of August 14, and August I5, 2012. Staff recommendation: Council approve the minutes. 2. A. RESOLUTION NO. 2012-205 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ELM AVENUE ASSESSMENT DISTRICT 2010-02 (Director of Public Works) B. RESOLUTION NO. 2012-206 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS; ESTABLISHING THE RATE OF INTEREST AT FIVE PERCENT (5%) PER YEAR, WITH A MAXIMUM FINANCING PERIOD OF TEN YEARS; AND APPLYING SUCH INTEREST RATE AND DEFERRAL PERIOD TO ALL DEFERRALS FOR ELM AVENUE ASSESSMENT DISTRICT 2010-02 (Director of Public Works) Page 2 ~ Council Minutes November 6, 2012 l~ -2 C. RESOLUTION NO. 2012-207 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2010-02, AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO (Director of Public Works) Staff recommendation: Council adopt the resolutions RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) AN AMENDMENT TO THE FISCAL YEAR 2012/2013 HUD ANNUAL ACTION PLAN TO REPROGRAM $357,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO TWO ELIGIBLE PROJECTS; AND (2) APPROPRIATE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $245,000 TO THE GREEN HOMES FOR ALL- REHABILITATION AND ENERGY UPGRADE PROGRAM AND $90,000 TO THE COMMUNITY HOUSING IMPROVEMENT PROGRAM (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. 4. Item removed from Consent Calendar. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz Items 1 and 2, headings read, text waived. Councilmember Bensoussan seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. RESOLUTION NO. 2012-208 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CHABIN CONCEPTS, INC., IN THE AMOUNT OF SEVENTY FIVE THOUSAND DOLLARS ($75,000) TO CONDUCT AN ANALYSIS OF THE CITY'S EXISTING AND POTENTIAL BUSINESS CLUSTERS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. Director of Economic Development Meacham presented modifications to the scope of work of the agreement, and provided copies of the amended agreement to the Council. ACTION: Councilmember Aguilar moved to adopt Resolution No. 2012-208 with amendments to the contract as presented by staff, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. Page 3 ~ Council Minutes nn November 6, 2012 ~f'f '.~ PUBLIC COMMENTS Robert Corcilius, Chula Vista resident, thanked the Councilmembers for their service to the community and spoke in support providing a skate park and other activities for youth. Luanne Hulsizer, Executive Director of Third Avenue Village Association, announced Holiday in the Village, a holiday celebration on Third Avenue on December 1, 2012. Daniel Green, Chula Vista resident, requested clarification on district elections and political contributions made by "special interests." Tino Martinez, Chula Vista resident, spoke in opposition to a permit issued to Eye Candy, and requested an investigation into the issuance of that permit. PUBLIC HEARINGS 5. PRESENTATION OF THE 2011/2012 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) AND SOLICITATION OF INPUT ON FUNDING PRIORITIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) FOR THE 2013/2014 PROGRAM YEAR (Assistant City Manager/Director of Development Services) Staff recommendation: Council accept the year-end report and conduct the public hearing to solicit input from the community. Redevelopment and Housing Manager Mills presented the 2011/2012 Consolidated Annual Performance and Evaluation Report. Ms. Mills presented information on the expenditure of 2011/2012 grant funds, as well as information on funding for the 2013/2014 period. Project Coordinator Dorado provided information on the recipients of those funds and provided the proposed 2013/2014 priorities. Notice of the hearing was given in accordance with legal requirements, and the heazing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Mayor Cox moved to accept the yeaz-end report. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. BOARD/COMMISSION/COMMITTEE REPORTS 6. CONSIDERATION OF AN ORDINANCE AND A RESOLUTION IMPLEMENTING PROPOSITION C, ADOPTED AT THE JUNE 2012 GENERAL MUNICIPAL ELECTION (Proposition "C" Implementation Subcommittee -Councilmembers Aguilar and Ramirez) Subcommittee recommendation: Council place the following ordinance on first reading and adopt the resolution. Page 4 Council Minutes November 6, 2012 l~ -~ James Lough, Special Counsel, presented the report regarding the proposed ordinance and resolution to implement Proposition C. City Attorney Googins provided comments on the Subcommittee's proposed Proposition C implementation ordinance and offered his recommendations. He noted that he had distributed a memorandum to the Council with comments and recommendations. Peter Watry, Chula Vista resident, spoke in support of the Board of Ethics being advised by outside counsel. Special Counsel Lough recommended the following revisions to the proposed language: • Exhibit A, Section 2.73.030 A: Replace "supervisory" with "administrative," in regard to the City Manager's responsibility over the Legislative Counsel. • Exhibit A, Section 2.73.040 E: Amend the arkicle from 503 to 503.1. • Resolution, Section 4: Remove the words "supervise and." ACTION: Councilmember Ramirez moved to adopt Resolution No. 2012-209 and place the ordinance on first reading with the amendments recommended by Special Counsel Lough, heading read, text waived. Councilmember Aguilar seconded the motion, and it carried 3-2, with Councilmember Bensoussan and Mayor Cox opposed. A. ORDINANCE 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 (FIRST READING) B. RESOLUTION NO. 2012-209 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO SOLICIT PROPOSALS FOR LEGISLATIVE COUNSEL AND TO ESTABLISH THE ADMINISTRATIVE AND BUDGETARY PROCESS FOR THE OFFICE OF LEGISLATIVE COUNSEL OTHER BUSINESS 7. CITY MANAGER'S REPORTS City Manager Sandoval reported that the next City Council meeting would be held November 20, 2012. 8. MAYOR'S REPORTS Mayor Cox announced that there would be an Otay Ranch parade on November 10, 2012, at the Otay Ranch Town Center. Page 5 ~ Council Minutes November 6, 2012 1~~~ COUNCILMEMBERS' COMMENTS Councilmember Ramirez reported on his public office hours, cleanup efforts, as well as collaboration with police, code enforcement, and the Christmas in October efforts. Deputy Mayor Castaneda thanked the Chula Vista Elks Club for its sponsorship of Dictionary Day. He encouraged members of the public to vote and recognized election poll workers. Councilmember Aguilar and City Attorney Googins also encouraged members of the public to vote. Mayor Cox stated that members of the public could access Chula Vista election results through the City of Chula Vista's home page. City Attorney Googins stated that the Council did not need to meet on Items ] OB and tOC at that time. Mayor Cox adjourned the open-session meeting in memory of Chula Vista resident Bobby Price. Mayor Cox announced that the Council would convene in Closed Session to discuss Item l0A listed below. At 6:22 p.m., the Council convened in Closed Session. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, ~cial Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 10. A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Glen Googins, Simon Silva, Maria Kachadoorian and Kelley Bacon. Employee organizations: CVEA and Mid Managers/Professionals 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 REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Guadalupe Gonzalez v. Citv of Chula Vista, et al., San Diego Superior Court, Case No. 37-2011-00097857-CU-PA-CTL Page 6 ~ Council Minutes November 6, 2012 ~~ ~ b ADJOURNMENT At 7:30 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Meeting on November 20, 2012, at 2:00 p.m., in the Council Chambers. Kerry K. i~ elow, S ~or Deputy City Clerk Page 7 ~ Council Minutes / November 6, 2012 (~~~ MINUTES OF A REGULAR MEETING OF THE ~~AFT 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 Aguilaz (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, Alphazetta, Georgia 30004. Councilmember Aguilar 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 hazardous 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 X13 -I • PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2012 CHRISTMAS IN OCTOBER PROGRAM IN THE CITY OF CHULA VISTA Dr. Randolph made a presentation regazding 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-]9) City Attorney Googins c]arified 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 I, 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. 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 20, 2012 ~~3-2 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 NO. 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 Chief) 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 2Q 2012 /i3-3 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 Chief) 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 ll3-~ 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. 2012-219 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 MUNICII'AL 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 20, 2012 l/, ~~ ACTION: Councilmember Ramirez moved to adopt Ordinance No. 3240, heading read, text waived. Councilmember Aguilar seconded the motion, and it carved 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 hearing was given in accordance with legal requirements, and the hearing 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 hearing. Page 7 Council Minutes November 20, 2012 h-7 The following residents spoke in support of staff's recommendation on Item 20: • Diego Juarez, Chula Vista resident • Jaime Elizondo, Chula Vista resident • Marco 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 staff s recommendation but were not present or declined to speak: • Kamal Nona, Chula Vista resident • Nedhal Yelda, Chula Vista resident • TheiraNona, 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 staff s 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 staff's recommendation after the public hearing 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 ry November 20, 2012 ~~ ~a 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 ICnott'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 areas 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 gazden 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 (PCC-11-073) 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 ~/3 -9 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. 37-2011-00097857-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. igelow, nior Deputy City Clerk Page ] 0 Council Minutes November 20, 2012 /f~ --/G'