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Home My WebLink About2013/01/08 Item 01DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 23, 2012 3:00 p.m. A Special Meeting of the City Council of the City of Chula V ista was called to order at 3:13 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar (arrived at 3:19 p.m.) Bensoussan, Ramirez, and Mayor Cox ABSENT: Councilmember Castaneda The following City employees and members of the public spoke in support of the Council approving the Chula Vista Employees Association (CVEA) contract proposal including a stipend for CVEA employees: • David Garcias, representing SEIU Local 221 • Darlene Trujillo Lopez, Library Associate and Chula Vista resident • Wayne Zarling, Open Space Inspector and La Mesa resident Mayor Cox announced that the Council would convene in Closed Session to discuss the items listed below. At 3:24 p.m., the Council convened in Closed Session. 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. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Application of San Diego Gas & Electric Company (U902E) for Authority to Update Marginal Costs, Cost Allocation, and Electric Rate Design, Public Utilities Commission of the State of California, Application 11-10-002 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) One (])case CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Page 1 ~ Council Minutes October 23, 2012 ~t'f' -` l Agency designated representatives: Jim Sandoval, Scott Tulloch, Glen Googins, Simon Silva, Maria Kachadoorian and Kelley Bacon. Employee organizations: CVEA and Mid Managers/Professionals ADJOURNMENT At 3:55 p.m., Mayor Cox adjourned to the next Regular City Council Meeting on October 23, 2012, at 4:00 p.m., in the Council Chambers. Kerry K.~ lo~w~, Senior Deputy City Clerk Page 2 Council Minutes October 23, 2012 /~T~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 23, 2012 4:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Aguilar, Bensoussan, Castaneda (arrived at 4:21 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 Information Technology Manager Howell led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY OATHS OF OFFICE Parks & Recreation Commission: Jeffrey Scott Joseph Boehm Youth Action Council: Brianna Uy City Clerk Norris administered the oath of office to Commissioner Boehm and Councilmember Aguilar presented him with a certificate of appointment. Mr. Scott and Ms. Uy were not present. PRESENTATION OF A PROCLAMATION TO CHULA VISTA ELKS LODGE #2011 DICTIONARY COMMITTEE CHAIRMAN DAVE PLOTKE, EXALTED RULER LAURIE AYALA AND PAST EXALTED RULER MARTIN BARROS PROCLAIMING TUESDAY, OCTOBER 23, 2012 AS DICTIONARY DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Mr. Plotke and Mr. Banos. • PRESENTATION OF THE INFORMATION TECHNOLOGY PRACTICES PROGRAM AWARD BY THE MUNICIPAL INFORMATION SYSTEMS ASSOCIATION OF CALIFORNIA, SOUTHERN CHAPTER STATE BOARD REPRESENTATIVE MITCH COCHREN TO INFORMATION TECHNOLOGY SERVICES DIRECTOR KELLEY BACON AND INFORMATION TECHNOLOGY MANAGER HERMON HOWELL Page 1 ~ Council Minutes / October 23, 2012 f t~ "' ' Mitch Cochren, representing the Municipal Information Systems Association, presented Information Technology Services Director Bacon and Information Technology Manager Howell with the Information Technology Practices Program Award. • PRESENTATION OF A PROCLAMATION TO CHULA VISTA ELEMENTARY SCHOOL DISTRICT ASSISTANT SUPERINTENDENT DR. JOHN NELSON AND CHULA VISTA POLICE DEPARTMENT SCHOOL RESOURCE OFFICER JEFF HUGHES PROCLAIMING OCTOBER 23 THROUGH OCTOBER 31, 2012 AS RED RIBBON WEEK IN THE CITY OF CHULA VISTA Mayor Cox read the presentation and Councilmember Ramirez presented it to Dr. Nelson and School Resource Officer Hughes. • PRESENTATION OF A PROCLAMATION COMMENDING AMERICAN LEGION POST 434 POST COMMANDER AND VETERANS ADVISORY COMMISSIONER TONY STEWART AS CHULA VISTA'S 2012/2013 VETERAN OF THE YEAR Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Mr. Stewart. CONSENT CALENDAR (Items 1-10) 1. APPROVAL OF MINUTES of August 7, 2012. Staff recommendation: Council approve the minutes. 2. Item removed from Consent Calendar. 3. FISCAL YEAR 2011/2012 ANNUAL FINANCIAL STATUS REPORT RESOLUTION NO. 2012-195 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2011/2012 WESTERN PARK ACQUISITION AND DEVELOPMENT FUND BUDGET FOR LAND ACQUISITION AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED) (Director of Finance/Treasurer) Staff recommendation: Council accept the report and adopt the resolution. 4. RESOLUTION NO. 2012-196 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "ALPINE AVENUE IMPROVEMENTS FROM EMERSON STREET TO OXFORD STREET (STL379) AND TWIN OAKS AVENUE IMPROVEMENTS FROM EMERSON STREET TO OXFORD STREET (STL386)" PROJECT TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. IN THE AMOUNT OF $515,271, WAIVING CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $60,000 (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 2 Council Minutes October 23, 2012 /I.~-2- 5. RESOLUTION NO. 2012-197 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "SIDEWALK IMPROVEMENTS ALONG HILLTOP DRIVE BETWEEN "F" STREET AND CENTER STREET AND NORTH-SIDE OF EAST "H" STREET BETWEEN TERRA NOVA DRIVE & HIDDEN VISTA DRIVE, CIP NOS, STL378/STM371" PROJECT TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. IN THE AMOUNT OF $109,540, WAIVING CITY COUNCIL POLICY NO. 574-O1, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $25,000 (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2012-198 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2012/2013 CIP BUDGET TO ESTABLISH ANEW CAPITAL IMPROVEMENT PROJECT "ADA CURB RAMPS FISCAL YEAR 2011/2012 IN CDBG ELIGIBLE AREAS CIP NO. STL392," REDUCING THE STL374 CIP BUDGET BY $87,236 AND APPROPRIATING THE EQUIVALENT AMOUNT TO STL392; ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE "ADA CURB RAMPS FISCAL YEAR 2011/2012 IN CDBG ELIGIBLE AREAS CIP NO. STL392" PROJECT TO H&D CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $49,740, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $10,000 (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2012-199 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF $49,486 FROM THE CAPITAL IMPROVEMENT PROJECT SW262 TO THE SEWER SERVICE OPERATING BUDGET; AND AMENDING THE BUDGETS THEREFOR (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2012-200 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $135,000 FROM THE AVAILABLE BALANCE OF THE EQUIPMENT REPLACEMENT FUND AND AUTHORIZING THE POLICE DEPARTMENT TO CONTRACT WITH AMERICAN EMERGENCY PRODUCTS FOR POLICE VEHICLE OUTFITTING SERVICES (4/STHS VOTE REQUIRED) (Police Chief and Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 Council Minutes October 23, 2012 ,,, ~~~~~ 9. Item removed from Consent Calendar. 10. RESOLUTION NO. 2012-202 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOGNIZING THE IMPORTANCE OF THE SAN DIEGO REGION MILITARY'S CONTRIBUTION TO THE WELL-BEING OF CHULA VISTA'S ECONOMY, ENDORSING LOCAL EFFORTS TO RAISE AWARENESS ABOUT THE NEGATIVE IMPACT OF AUTOMATIC REDUCTIONS IN THE DEPARTMENT OF DEFENSE'S BUDGET, AND OPPOSING FURTHER CUTS TO FEDERAL PROGRAMS THAT FURTHER IMPACT CORE LOCAL GOVERNMENT PROGRAMS (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staffls recommendations and offered Consent Calendar Items 1, 3 through 8, and 10, headings read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2012 RESOLUTION NO. 2012-194 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2012/2013 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED) (Director of Finance/Treasurer) Staff recommendation: Council accept the report and adopt the resolution. ACTION: Mayor Cox moved to adopt Resolution No. 2012-194, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. 9. RESOLUTION NO. 2012-201 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF $40,000 FROM "BE THE CHANGE" TO FUND AN ELEMENTARY GRADE READING TUTORING PROGRAM AND APPROPRIATING FUNDS TO THE FISCAL YEAR 2012/2013 OTHER GRANTS FUND BUDGET (4/STHS VOTE REQUIRED) (Chief Service Officer) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to adopt Resolution No. 2012-201, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. Page 4 ~ Council Minutes October 23, 2012 ~~ (~( /~/"` f PUBLIC COMMENTS The following employees spoke regarding employees represented by the Chula Vista Employees Association and spoke in support of approval the current contract proposal: ^ Wayne Zarling, Open Space Inspector and La Mesa resident Lisa Luevano, Police Dispatcher and Chula Vista resident Peter Morales, Senior Gardener and San Diego resident • Rusty James, Senior Gardener and El Cajon resident ^ Sergei Senoff, Maintenance Worker II and San Diego resident • Michelle Castagnola, Environmental Resource Specialist and Chula Vista resident • Ken Thiltgen, Pump Maintenance Technician and Spring Valley/Chula Vista resident ^ Marc Silva, Maintenance Worker II and San Diego resident Martie Solomon, Recycling Specialist and San Diego resident Beverly Brauning, Office Specialist ^ Marcos Dominguez, Senior Gardener and Chula Vista resident ^ Dennis Bwlason, Senior HVAC Technician and Chula Vista resident Larry Breitfelder-Navas, Chula Vista resident, spoke in opposition to a "nude bar" that had opened on the bayfront. Daniel Green, Chula Vista resident, spoke in opposition to holding earlier Council meeting times and to the City collecting cell phone tax. Item 12 was taken out of order and discussed at this time. ACTION ITEMS 12. PRESENTATION BY THE CHULA VISTA CHAMBER OF COMMERCE OF THE ANNUAL REPORT ON THE OPERATIONS, STRATEGIC GOALS AND OBJECTIVES, AND BUDGET OF THE CHULA VISTA TOURISM MARKETING DISTRICT FOR FISCAL YEAR 2012/2013 (Marketing and Communications Manager) Staff recommendation: Council accept the annual report. Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, presented the report on the Tourism Mazketing District's operations, strategic goals and objectives, and budget. Jason Paguio, representing the Parade Band Foundation, presented information on the third annual Band Review Community Festival in November 2012 in Chula Vista. PUBLIC HEARINGS 1 L CONSIDERATION OF DISESTABLISHMENT OF THE CHULA VISTA TOURISM AND MARKETING DISTRICT, PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 36670, BASED ON PETITIONED REQUEST BY BUSINESS OWNERS WHO PAY MORE THAN FIFTY PERCENT OF THE CVTMD ASSESSMENTS (City Attorney and Director of Finance/Treasurer) Page 5 ~ Coancil Minutes October 23, 2012 r,. Staff recommendation: Council conduct the public hearing, consider the testimony presented and determine, in its discretion, whether or not to proceed with CVTMD disestablishment and the distribution of CVTMD assets. City Attorney Googins reported that 53.37% of the petitions received were in favor of disestablishing the Chula Vista Tourism and Mazketing District and that the petitions were valid. He then provided a report describing the petition process. Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, requested that the report she presented under Item 12 also be incorporated as a report under Item 1 ] . 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. Mayor Cox opened the public heazing. The following members of the public spoke in support of the disestablishment of the CVTMD: • Daniel Green, Chula Vista resident • Larry Breitfelder-Navas, Chula Vista resident • Rick Orr, representing the Holiday Inn Express The following members of the public spoke in opposition of the disestablishment of the CVTMD: • Jyoti Patel, representing Vagabond Inn and Highway Inn • Pie Roque, representing El Primero Hotel • Betty Chou, representing Travel Inn • Todd Galarneau, representing The Corky McMillin Companies ^ Lisa Johnson, representing the Chula Vista Chamber of Commerce • Jerry Rindone, representing the Chula Vista Chamber of Commerce • John Lambeth, representing the Chula Vista Chamber of Commerce Patty Chavez, Chula Vista resident, submitted documentation in opposition to the disestablishment of the CVTMD, but was not present to speak. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. City Attorney Googins stated that the Council could reserve the right to disestablish at this time and make specific requests of the Chamber of Commerce to improve the program. He also stated that should the Council vote to disestablish, the disestablishment would take effect immediately. ACTION: Councilmember Aguilar moved to adopt Resolution No. 2012-203, heading read, text waived. Deputy Mayor Castaneda seconded the motion, and it carried 3-2, with Councilmember Bensoussan and Mayor Cox opposed. RESOLUTION NO. 2012-203 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DISESTABLISHING THE CHULA VISTA TOURISM AND MARKETING DISTRICT AND DIRECTING THE DIRECTOR OF FINANCE TO DISTRIBUTE ANY REMAINING CVTMD REVENUES AND ASSETS PURSUANT TO STREETS AND HIGHWAYS CODE SECTIONS 36670-36671 Page 6 ~ Council Minutes J October 23, 2012 1 ,.+' r, MF ... ~ At the request of Councilmember Aguilar, there was consensus of a majority of the Council to request that staff work with any and all hotel and motel owners to explore the formation of a Tourism and Marketing District with another operator or changes to the program and to provide a report to Council within 90 days. Mayor Cox recessed the meeting at 7:46 p.m. The Council reconvened at 7:55 p.m., with all members present. ACTION ITEMS (Continued) 13. CONSIDERATION OF ACCEPTING THE COOL PAVEMENT STUDY (Director of Public Works) Staff recommendation: Council adopt the following resolution: Margot Yapp, representing Nichols Consulting Engineers, presented the study on cool pavement strategies. Steven Pavka, Chula Vista resident, spoke regarding street construction and the placement of construction signage. ACTION: Councilmember Bensoussan moved to adopt Resolution No. 2012-204, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. RESOLUTION NO. 2012-204 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE COOL PAVEMENT STUDY PREPARED BY NICHOLS CONSULTING ENGINEERS AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO IMPLEMENT THE RECOMMENDATIONS OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MAYOR'S REPORTS Mayor Cox reported on the tenth Beautify Chula Vista event at which over 600 volunteers worked on 4 locations in Chula Vista. At the request of Mayor Cox, there was consensus of the Council to request that the City Manager work with Adam Sparks from the Third Avenue Village Association to investigate funding for police support for the Starlight Parade and bring a recommendation to Council no later than November 6, 2012. Page 7 Council Minutes ~ ~ ~ October 23, 20]2 J r 16. COUNCILMEMBERS' COMMENTS Councilmember Ramirez thanked City staff who participated in the Tijuana Innovadora event. He requested that the report from the Council subcommittee on the implementation of an ordinance for Proposition C be placed on the agenda for the meeting of November 6, 2012. He also spoke in support of City staff investigating other types of revenue. Councilmember Bensoussan thanked those who worked on the Christmas in October event and stated a more comprehensive report would follow. Councilmember Aguilar requested information on when the Council might expect a draft Sunshine Policy for consideration, as referenced at the meeting of August 7, 2012. City Attorney Googins stated he would work with Councilmember Bensoussan to bring a draft for Council consideration as soon as possible. ADJOURNMENT At 8:42 p.m., Mayor Cox adjourned the meeting to a Special Meeting of the City Council on October 30, 2012, at 4:00 p.m., in the Executive Conference Room. /~yn, Kerry K. Bigelow, Senior Deputy City Clerk Page 8 Council Minutes / y`~ October 23, 2012 /~""~