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Home My WebLink Aboutcc min 2014/08/05 City of Chula Vista Meeting Minutes - Final Tuesday,August 5, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista,CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER 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, Cali/omia. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Also Present: City Manager HalbeR, City Attomey Googins, City Clerk Noms, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Cox led the Pledge o/Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0456 OATH OF OFFICE Maria Garcia-Lopez, Parks & Recreation Commission City Clerk Norris administered the oath of office to Commissioner Garcia-Lopez, and Deputy Mayor Aguilar piesented her with a certificafe ol appointment. B. 14-0379 INTRODUCTION BY FIRE CHIEF DAVE HANNEMAN AND THE VETERANS OF FOREIGN WARS (VFV� POST 2111 RECOGNIZING BATTALION CHIEF DARRELL ROBERTS Chief Hanneman 2cognized Battalion Chie/ RobeRs. Representatives from VFW Past 2111 presented awards on behalf o(the VFW to Battalion Chie/Roberts and Sergeant Oyos. C. 14-0441 PRESENTATION OF PROCLAMATIONS TO CHULA VISTA POLICE DEPARTMENT AGENT GLENN ISAAKS ON 37 YEARS OF SERVICE, OFFICER OLIVER DEMERY ON 20 YEARS OF SERVICE, AND AGENT ROBERT HINKLEDIRE ON 19 YEARS OF SERVICE TO THE CITY OF CHULA VISTA Chie( Bejarano introduced Agent Isaaks, O�cer Demery, and Agent Hinklediie. Mayor Cox read the prodamations and Councilmembers Bensoussan. Ramiiez, and Salas presented them to Mr. Isaaks, Mr. Demery, and Mr. Hinkledi2. Ciry of Chala Ysia Page 1 CiTy Council Meeting Minutes•Final August 5,2014 D. 14-0442 INTRODUCTION BY SWEETWATER UNION HIGH SCHOOL DISTRICT ACADEMIC & CULTURAL EVENT PROGRAM COORDINATOR LILIA MEZA OF EXCHANGE STUDENTS FROM SPAIN HOSTED BY BONITA VISTA, EASTLAKE, OTAY RANCH AND OLYMPIAN HIGH SCHOOLS Lllia Meza, Culfural Arts Commissioner, representing Sweetwater Union High School Distnct, introduced the exchange student program. Program partiapants from Spain introduced themselves. E. 14-0471 PRESENTATION BY OTAY WATER DISTRICT GENERAL MANAGER MARK WATTON AND SWEETWATER AUTHORITY GENERAL MANAGER JIM SMYTH REGARDING LOCAL WATER SUPPLY IMPACTS RESULTING FROM RECENT STATE MANDATED CHANGES Mark Watton, representing Otay Water District, and Jim Smyth, rep2senting Sweehvater Authonty gave a presentation regartiing local water issues. CONSENT CALENDAR (Items 1 - 5) 1. 14-0458 APPROVAL OF MINUTES of July 17, 22, and 24, 2014. Recommended Action: Council approve the minutes. 2. 14-0452 ORDINANCE NO. 3317 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the ordinance. 3. 14-0431 RESOLUTION NO. 2014-154 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY SOFTWARE LICENSE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE (W.A.T.E.R) TO CREATE A SERVER BASED STORAGE SOLUTION THAT WILL INTEGRATE REAL-TIME ZOLL MONITOR DATA WITH THE ONSCENE PATIENT MEDICAL CHART AND AUTHORIZING AN APPROPRIATION OF $214,OOOIN THE ADVANCED LIFE SUPPORT FUND FOR THE PROCUREMENT AND ACQUISITION OF REAL-TIME ZOLL MONITOR INTEGRATION FROM W.A.T.E.R AND PROCUREMENT AND ACQUISITION OF CARDIAC MONITOR/DEFIBRILLATORS AND AUTOPULSE CPR DEVICES MANUFACTURED BY ZOLI MEDICAL CORPORATION (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Crty o/Chula Visfa Page 2 City Council Meeting Minutes -Final August 5, 2014 4. 14-0445 RESOLUTION NO. 2014-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING 5155,451 TO THE POLICE GRANT FUND FOR THE PUBLIC SAFETY REALIGNMENT (4/S VOTE REQUIRED) Recommended Action: Council adopt[he resolu[ion. 5. 14-0461 RESOLUTION NO. 2014-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER AND THE DEPUTY CITY MANAGER TO SIGN THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR A �10,000 COMMUNITY ENHANCEMENT GRANT FOR CHULA VISTA HARBORFEST 2014, AND RELATED DOCUMENTS; AND APPROVING THE REQUISITE RESOLUTION PROVIDED BY THE COUNTY Recommended Action: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motlon was made by Mayor Cox, seconded by Councilmember Salas, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived.The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There weie none. City ol Chula Ysa Page 3 City Council Meeting Minutes-Final August 5, 2014 PUBLIC HEARINGS 6. 14-0439 CONSIDERATION OF AN AMENDMENT TO CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE REGARDING THE CITY'S TELEPHONE USERS TAX ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO FORMALIZE A RATE REDUCTION IN THE CITY'S TELEPHONE USERS TAX ("TUT") FROM 5% TO 4.75%, TO CLARIFY THAT THE TUT APPLIES TO WIRELESS TELEPHONE USAGE, AND TO ADD STATE LAW VALIDATION PROVISIONS (FIRST READING) Notice ol the heanng was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. City Attomey Googins provided in/oimation on the item. Mayor Cox opened the public hearing. 1'here being no members of the public who wished to speak, MayorCox closed the public heanng ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Bensoussan, that the above ordinance be placed on first reading, heading read, text waived.The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION ITEMS 7. 14-0466 CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER, SECTIONS 1009, 1010 AND 1011 RESOLUTION NO. 2014-157 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING RESOLUTION 2014-120CALLING AND GIVING _ NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, 2) ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES, AND 3) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) City Attomey Googins provided information on the. rtem He and Director of Finance Kachadoonan answered Councilmembers'questions City o/Chula Visfa Page 4 City Council Meeting Minutes -Final August 5, 2014 ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Bensoussan, that Resolution No. 2014•157 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 8. 14-0462 CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER SECTIONS 300 AND 303 TO ELIMINATE THE CURRENT MANDATORY RUN-OFF REQUIREMENT AND EXPAND CITY COUNCIL AUTHORITY TO FILL VACANCIES BY APPOINTMENT RESOLUTION NO. 2014-158 0F THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING CITY COUNCIL POLICY NO. 103-02; (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300 AND 303 TO: (A) ELIMINATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERAL MUNICIPAL ELECTIONS, AND FOR SPECIAL ELECTIONS TO FILL A VACANCY, IN WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENT OF THE VOTE; AND (B) ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOINTMENT, OR BY CALLING A SPECIAL ELECTION, IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS; AND (3) APPROPRIATING FUNDS THEREFOR Assistant City Attomey Maland and City Attomey Googins provided information on the item. Mayor Cox spoke in suppoR of a ballot measure to eliminate mandatory iunofl elections (or general municipal elections and special elections, and allow the Council to fill a vacancy by appointment when the vacant seat has a remaining term of more than one year but less fhan 25 months. At the request ol Councilmember Salas, the language o( Proposition 8 fram 2072, related to transitioning to district elections and runoff elections, and the impartial analysis of the ballot measure was distributed to the Council. Councilmember Salas spoke in support o/ eliminating mandatory runoA elections for special elections and the suggesied language !or the appointment process (o� filling vacancies. She spoke in opposition to eliminating the mandatory runofl elections for general municipal elections. Robert Ross, Chula Vista resident, spoke in favor o/ eliminating the runofl iequiiement for spedal elections, in opposition lo eliminating the iunofl lor general municipal elections, and spoke in support of allowing the ChaRer Review Commission additional time to discuss the recommended appointment process for the filling of vacancies. Deputy Mayor Aguilar and Councilmember Ramirez also spoke in support of eliminating mandatory runoff elections lor special elections and the suggested language lor the appointment process for filling vacancies. They spoke in opposition to eliminating the mandatory runofl elections lor general municipal elections. Ciry o!Chula Ysb Pa9e 5 City Council Meeting Minutes- Final August 5, 2014 Councilmember Bensoussan spoke in suppoR o( eliminat�ng mandatory iunofl elections for general municipa/ elections and special elections, as well as the suggested language for the appointment process for filling vacancies. Deputy Mayor Aguilar spoke in support of repeating in Charter section 303 the language in ChaRer section 300, regarding the restriction of an appointed Councilmember or Mayor from seeking nom�nation at a future election for a penod of one year following the expiration of his or her appointed term. In iesponse to a request /or c/arifcation by City Attomey Googins, Counci/member Sa/as stated that tor a term of one year or less, if an appointment to fill a vacancy would result in the majonty of the council bemg appointed, the seat should remain vacant. For a term with 12 to 25 months remaimng, if appomtment to fill a vacancy would result in the majority of the council being appo�nted, there shou/d be a mandatory election. Mayor Cox recessed the meeGng at 4:44 p.m. The Council reconvened at 5:04 p.m., with all members present. Cons�deration of/tem 8 continued after Councilmembers'Comments. CITY MANAGER'S REPORTS City Manager Halbert announced that Mana Kachadoonan was promoted to Deputy City Manager, and would also 2ta�n her position as Director of Finance. Deputy City Manager Kachadoonan thanked City Manager Halbert and spoke regarding her history. She and Deputy City Manager Bacon spoke regarding the departments they would oversee MAYOR'S REPORTS 9. 14-0468 RATIFICATION OF APPOINTMENT OF NIMPA AKANA TO THE INTERNATIONAL FRIENDSHIP COMMISSION AND MARY JOHNSON TO THE COMMISSION ON AGING ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to ratify the appointments of Nimpa Akana to the International Friendship Commission and Mary Johnson to the Commission on Aging. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 COUNCILMEMBERS' COMMENTS Councilmember Bensoussan announced that the Living Coast Discovery Center raised over $90,000 at its Farm to Bay fundraiser held on August 2, 2014, and encouraged the public to visit and support the organization. She also announced the upcoming Harborfest event on August 16, 2014. Councilmember Ramirez spoke in support of managing issues related to home/essness in Chula Vista to lessen impacts on surrounding neighborhoods. He announced his upcommg public o�ce hours on Monday, August 11. 2014, at the Olympic Training Centec He a/so spoke in support of developing a pub6c-�nterest vision for the binational rail line, Desert Line. a project of the Metropolitan Transit System (MTS). Councilmember Salas provided additional information regarding the MTS Desert Line She announced the upcoming Train Festiva/on August 30, 2014. Ciry o/Chula Vista Page 6 City Council Meeting Minutes-Final August 5, 2074 Deputy Mayor Aguilar spoke 2garding maintenance and repairs needed at the Chula Vista Women's Club. Councilmembe� Ramirez reported on the effoRs o( the tasMorce working on reinstituting fhe StaAight parade. Mayor Cox announced that evening's National Night Out event, being held at the Police Department. Consideration of Item 8 continued affer Councilmembers'Comments. 8. 14-0462 CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER SECTIONS 300 AND 303 TO ELIMINATE THE CURRENT MANDATORY RUN-OFF REQUIREMENT AND EXPAND CITY COUNCIL AUTHORITY TO FILL VACANCIES BY APPOINTMENT RESOLUTION NO. 2014-158 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WANING CITY COUNCIL POLICY NO. 10302; (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300 AND 303 TO: (A) ELIMINATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERAL MUNICIPAL ELECTIONS, AND FOR SPECIAL ELECTIONS TO FILL A VACANCY, IN WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENT OF THE VOTE; AND (B) ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOINTMENT, OR BY CALLING A SPECIAL ELECTION, IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS; AND (3) APPROPRIATING FUNDS THEREFOR City Attomey Googins distributed p�oposed changes to the Charter to include provisions prohibiting 1) appointment o/ a majority o/ the City Council. and 2) appointees from seeking nomination and election to the office o( Mayor or Member of the City Council to which they were appointed for a period of one year following the expiration of their appointed ferm. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, [o approve a ballot measure to eliminate the requirement of a runoff election when a candidate receives a majority of the votes cast in a special election to fill a vacancy and to allow Council to choose to appoint to fll a vacant seat or call a special election to fill the vacancy if more than one year but less than 25 months remains in [he newly vacated term, with [he condition that an appointment dces not result in a majority of the Council being appointed rather than elected, heading read.The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 Crry of Chola Yrsa Pa9e 7 City Council Meeting Minutes-Final August 5,2014 ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve a ballot measure to eliminate the requirement of a run-oN election when a candidate receives a majority of the votes cast in a general (June) election, heading read.The motion failed by the following vote: Yes: 2- Bensoussan and Cox No: 3- Aguilar, Ramirez and Salas Abstain: 0 Assistant City Attomey Ma/and distributed a proposed revised resolution, which included the amended ballotlanguage. Assistant City Attomey Maland read the proposed ballot question language in the revised iesolution. "Shall the City Charter be amended so that if a City Council seat becomes vacant with more than 12 months and less than 25 months remaining in the term, the Council may fill the seat by appointment or call a special election, and so that in any special election to fill a vacancy, the candidate that receives over 50 percent o/the votes cast is deemed the winner with no runoff requrred�" Councilmember Rami�ez suggested eliminating the language, "and so that in any special election to �II a vacancy, the candidate that receives over 50 percent o( the votes cast is deemed the winner with no iuno/I requi2d" since the inclination of a council would be to appoint rather than hold a special election. Deputy Mayor Aguilar suggested only eliminating the language. "no runo// requi2d." Discussion ensued and it was the consensus of the Council to leave the /anguage as presented by Assistant City Attomey Maland ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that Resolution No. 2014-158 be adopted, as amended, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 CLOSED SESSION 10. 14-0475 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, Maria Kachadoorian, Simon Silva, Gary Ficacci Employee organization: POA Item 10 was not heard ADJOURNMENT Mayor Cox paid tribute to Charles Smith, Dr. G. Gordon Browning, and Michele Torrance Tarbet. At 6:02 p.m., Mayor Cox adjoumed the meeting to the Regular C�ty Council Meeting on August 12, 2014, at 2.00 p.m., in the Council Chambers ,�,� �.�,�,-r Donna R. Norris, CMC, Cdy Clerk City ol Chula Vata Page 8