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Home My WebLink Aboutcc min 2013/02/05MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 5, 2013 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 Aguilar (amved at 2:04 p.m.), Bensoussan, Ramirez (left at 7:40 p.m.), Salas (arrived at 2:06 p.m.) and Mayor Cox ABSENT: None ALSO PRESENT: Assistant City Manager Halbert, City Attorney Googins, City Clerk Noms, and Senior Deputy City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Lisa Torres led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY INTRODUCTION BY IRENE MOSLEY, ASSISTANT DIRECTOR OF HUMAN RESOURCES OF EMPLOYEE OF THE MONTH LISA TORRES, SENIOR HUMAN RESOURCES ANALYST Assistant Human Resources Director Mosley introduced employee of the month, Lisa Torres. Mayor Cox read the proclamation and Deputy Mayor Bensoussan presented it to Ms. Torres. PRESENTATION BY REBECCA SHOBE REPRESENTING THE GOVERNMENT FINANCE OFFICERS ASSOCIATION PRESENTING THE DISTINGUISHED BUDGET PRESENTATION AWARD TO THE CITY OF CHULA VISTA FINANCE DEPARTMENT Rebecca Shobe, representing the Government Finance Officers Association, presented the Distinguished Budget Presentation Award to the City's Finance Department. Director of Finance Kachadoorian accepted the award. PRESENTATION BY CHULA VISTA COMMUNITY COLLABORATIVE (CVCC) DIRECTOR MARGARITA HOLGUIN ANNOUNCING CVCC'S 20TH YEAR ANNIVERSARY: "CVCC 20 YEARS... CONNECTING CHULA VISTA" Margarita Holguin, representing the Chula Vista Community Collaborative, presented the history and achievements of the CVCC since its inception in 1993. Page 1 ~ Counci] Minutes February 5, 2013 • PRESENTATION OF THE CHULA VISTA PROMISE NEIGHBORHOOD BY SOUTH BAY COMMUNITY SERVICES PRESIDENT/CEO KATHIE LEMBO AND YOUTH & FAMILY DEVELOPMENT DIRECTOR MAURICIO TORRE The presentation of the Chula Vista Promise Neighborhood was postponed to a future meeting. CONSENT CALENDAR (Items l -9) Mayor Cox announced that minor modifications had been made to the resolution for Item 5 and that the revised resolution had been provided to the Council. 1. APPROVAL OF MINUTES of November 6 and November 20, 2012. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilaz requesting an excused absence from the November 29, 2012 joint City Council and Parks and Recreation Commission meeting. Recommendation: Council excuse the absence. 3. ORDINANCE NO. 3252 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (SECOND READING AND ADOPTION) (Police Chief) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3253 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.25, "GENERAL RULES FOR BOARDS AND COMMISSIONS" AMENDING THE INTERVIEW/NOMINATION PROCESS FOR THE BOARD OF LIBRARY TRUSTEES FROM REQUIRING INTERVIEWS AND NOMINATIONS BY THE CITY COUNCIL TO REQUIRING INTERVIEWS AND NOMINATIONS BY THE MAYOR (SECOND READING AND ADOPTION) (City Clerk and City Attorney) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION NO. 2013-012 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AND SALE AGREEMENT WITH PACIFICA, LLC TO ACQUIRE 610 BAY BOULEVARD FOR $1.4 MILLION PLUS DUE DILIGENCE AND CLOSING COSTS AND AUTHORIZING THE CITY MANAGER TO ACCEPT ASSIGNMENT OF THE LEASE AGREEMENT WITH PACIFIC TRUST BANK AND APPROPRIATING FUNDS ACCORDINGLY (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. Page 2 ~ Couuci] Minutes February 5, 20] 3 6. RESOLUTION NO. 2013-013 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE MONTGOMERY ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENTS (CIP NO. STL375; STATE PROJECT NO. SR2SL-5203(033)) PROJECT TO JUST CONSTRUCTION, INC. IN THE AMOUNT OF $110,000, WAIVING CITY COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $15,000 (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON RUTGERS AVENUE BETWEEN EAST "H" STREET AND OTAY LAKES ROAD FROM 25 MPH TO 35 MPH AND AMENDING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO REFLECT THE REVISED SPEED LIMIT (FIRST READING) (Director of Public Works) Staff recommendation: Council place the ordinance on first reading. 8. RESOLUTION NO. 2013-014 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING AND APPROVING THE SUBMITTAL OF AN APPLICATION TO RENEW AND EXPAND THE RECYCLING MARKET DEVELOPMENT ZONE; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE TO EXECUTE ALL DOCUMENTS AND ACTIVITIES NECESSARY TO ADMINISTER THE RECYCLING MARKET DEVELOPMENT ZONE PROGRAM (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. CONSIDERATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2012 (Director of Finance/Treasurer) Staff recommendation: Council accept the Fiscal Year 2011/2012 financial statements. ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent Calendar Item 1, heading read, text waived. Deputy Mayor Bensoussan seconded the motion and it carried 4-0-1, with Councilmember Salas abstaining. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendar 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 There were none. Page 3 Council Minutes February 5, 2013 PUBLIC COMMENTS Jeremiah Ivie, Chula Vista resident, spoke regazding covert mind assault. Mike Spethman, Chula Vista resident, spoke regazding new businesses on Third Avenue and made recommendations to promote businesses in Chula Vista, including increasing residential components in the azea. Mayor Cox stated that the matter had been referred to staff. PUBLIC HEARINGS 10. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE: TITLE 19 (ZONING ORDINANCE) RELATED TO SPECIAL EVENTS, TEMPORARY OUTSIDE SALES AND TEMPORARY PROMOTIONAL SIGN PERMIT REGULATIONS; AND TITLE 18 (SUBDIVISION ORDINANCE) (Assistant City Manager/Director of Development Services) Staff recommendation: Continue this hearing item to February 26, 2013. Item 10 was continued to the Council meeting of February 26, 2013. ACTION ITEMS 11. CONSIDERATION OF AMENDING VARIOUS SECTIONS OF MUNICIPAL CODE CHAPTER 9.50 (MOBILEHOME PARK SPACE RENT REVIEW) (Assistant City Manager/Director of Development Services) Staff recommendation: Council place the following ordinance on first reading and adopt the resolution: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.50 (THE CITY'S MOBILEHOME SPACE -RENT REVIEW ORDINANCE) TO: (1) UPDATE VARIOUS ADMINISTRATIVE ITEMS; (2) AMEND SECTION 9.50.030 (ADMINISTRATIVE FEE); (3) AMEND SECTION 9.50.077 (VACANCIES AND RENTS UPON CHANGE OF MOBILEHOME OWNERSHIP); AND (4) AMEND SECTION 9.50.085 (COMPLIANCE WITH LAW AND CITY POSTING AND DISCLOSURE REQUIREMENTS) (FIRST READING) B. RESOLUTION NO. 2013-015 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING MOBILEHOME PARK SPACE - RENT REVIEW ADMINISTRATIVE FEE REGULATIONS Assistant City Manager Halbert introduced the item. Senior Project Coordinator Kurz spoke regazding the progress of the program since 2011 and provided information on the proposed amendments. Penny Vaughn, Chula Vista resident, commended City staff for their work on the Mobilehome Pazk Space Rent Review program. ACTION: Councilmember Ramirez moved to place the ordinance on first reading and adopt Resolution No. 2013-015, headings read, text waived. Councilmember Aguilaz seconded the motion, and it carried 5-0. Page 4 Counci] Minutes February 5, 2013 OTHER BUSINESS 12. CITY MANAGER'S REPORTS There was none. 13. MAYOR'S REPORTS At the request of Mayor Cox, there was consensus of the Council to consider a resolution supporting Senator Feinstein's proposed Assault Weapons Ban (SB 150) of 2013 at the meeting of February 12, 2013. Discussion of Council subcommittees and Council ad hoc committees. Mayor Cox proposed that the Council consider creating ad hoc committees as needed, in lieu of continuing standing Council subcommittees. Chief Bejazano provided information regarding the Community Advisory Committee. At the suggestion of City Attorney Googins, there was consensus of a majority of the Council to request City Attorney Googins provide the Council with information on forming a hybrid public safety committee by the meeting of February 26, 20]3. At the request of Mayor Cox, there was consensus of the Council to consider the formation of a Legislative ad hoc committee comprised of the Mayor and Deputy Mayor at the meeting of Februazy 12, 2013. 14. COUNCILMEMBERS' COMMENTS Deputy Mayor Bensoussan provided information on a recent Energy workshop. She stated those interested in participating in future workshops could contact her office. She also thanked the San Diego Port District and City staff for their coordination of the South Bay Power Plant implosion. Deputy Mayor Bensoussan announced the following events: Health Fair on February 8, 2013 at Otay Ranch Town Center; United States University open house on February 9, 2013; and an event to meet local artists on Februazy 10, 2013. At the request of Deputy Mayor Bensoussan, there was consensus of the Council to support the Chula Vista Harbor Days event in 2013. Councilmember Ramirez spoke in support of master planning construction standards. At the request of Councilmember Aguilaz, there was consensus of the Council to request the City Manager provide the Council with information regarding Police staffing. Councilmember Salas thanked Agent Molina for taking her on a ride-along and commended the Police staff for their work. Page 5 Council Minutes February 5, 2013 CLOSED SESSION Mayor Cox announced that the Council would convene in closed session to discuss Items 15A, 16, and 17, listed below. She stated that the Council would not discuss Item 15B. Mayor Cox adjourned the open-session meeting in memory of Jim Schmidt, Herbert Bailey, and Robert Santos. At 4:30 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. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Carla Villa, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37-2011- 93296-CU-MC-CTL B. In the Matter of the Application of San Diego Gas & Electric Comoany (U902E) for a Permit to Construct the South Bav Substation Relocation Proiect; California Public Utilities Comm., Case No. 10-06-007 16. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) One Case. 17. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) One Case. ADJOURNMENT At 7:55 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Workshop on Februazy 7, 2013, at 4:00 p.m., in the Council Chambers. n Kerry K. low, Se r Deputy City Clerk Page 6 Council Minu[es February 5, 2013