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Home My WebLink Aboutcc min 2014/09/23 City of Chula Vista Meeting Minutes - Final Tuesday,September 23,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Ysta,CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meef�ng of the Cify Council o/ the City of Chula Vista was called to order at 2:03 p.m. in the Council Chambers, located in City Hall, 276 FouRh Avenue, Chula Vista, Caldomia. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Councilmember Bensoussan anived at 2:04 p.m and Counalmember Rami2z arrived at 2:21 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Rebred Police Agenf Martin Brady led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0545 OATHS OF OFFICE Michael Lengyel, Growth Management Oversight Commission Cheryi Perez and Kristine Wunder, Veterans Advisory Commission City Clerk Norris administe2d fhe oaths o/ o�ce to Commissioners Lengyel, Perez, and Wunder, and Deputy Mayor Aguilar p25ented them with certificafes of appointment. B. 14-0481 PRESENTATION OF A PROCLAMATION TO KRISTINE WUNDER, CHULA VISTA'S 2014-2015 VETERAN OF THE YEAR Mayor Cox read the proclamation and Councilmember Bensoussan p2sented it to Ms. Wunder. C. 14-0490 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT AGENT MARTIN BRADY ON 31 YEARS OF SERVICE TO THE CITY OF CHULA VISTA Chief Bejarano mtroduced reti2d Police Agent Brady. Mayor Cox read the proclamafion and Counci/member Salas p2sented it to Mr. Brady Crty o1 Chula Ysta Pa9e 1 City Council Meeting Minutes -Final September 23,2014 D. 14-0509 PRESENTATION OF A PROCLAMATION TO REACH OUT AND READ SAN DIEGO PROJECT DIRECTOR TARA MILBRAND, MSW, CHULA VISTA ELEMENTARY SCHOOL DISTRICT SUPERINTENDENT DR. FRANCISCO ESCOBEDO, CVESD STUDENT PLACEMENT MANAGER LISA BUTLER AND SWEETWATER UNION HIGH SCHOOL DISTRICT ATTENDANCE COORDINATOR JOSE SANCHEZ, PROCLAIMING SEPTEMBER 2014AS SCHOOL ATTENDANCE MONTH IN CHULA VISTA Mayor Cox read the proclamation and Councilmember Bensoussan presented it fo Ms. Milbrand, Dr. Escobedo, Ms Butler, and Mr Sanchez. CONSENT CALENDAR (Items 1 - 14) 1. 14-0549 APPROVAL OF MINUTES of September 9, and 11, 2014. Recommended Action:Council approve the minutes. Item 2 was removed from fhe Consent Calendar � 3. 14-0542 ORDINANCE NO. 3320 OF THE CITY OF CHULA VISTA ESTABLISHING A 1-HOUR TIME LIMITED PARKING ZONE ALONG THE WEST SIDE OF SILVAS STREET IN FRONT OF 2620 MAIN STREET (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 4. 14-0543 ORDINANCE NO 3321 OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. City o/Chula Vista Page 2 City Council Meeting Minutes-Final September 23,2014 5. 14-0515 ORDINANCE NO 3258 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS, REMOVING SECTION 6.24.050, DISTURBING THE PEACE PROHIBITED, AND REMOVING SECTION 6.24.060, NUISANCE (REVISED SECOND READING AND ADOPTION) The first reading of this ordinance was unanimously passed by the City Council on March 5, 2013, which included amending one section of the Chula Vista Municipal Code and removing sections 624 050 and 6.24.060. At the second reading and adoption on March 19, 2013, only the amended section was presented and the removal of sections 6.24.050 and 6.24.060 was inadvertently omitted. This revised second reading intends to correct the error. The title of the ordinance has been changed to reflect the amendment and the deletions. Recommended Action:Council adopt the ordinance. 6. 14-0501 RESOLUTION NO. 2014-178 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE COLOCATION OF A CIN OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF LA MEDIA ROAD AND OTAY VALLEY ROAD AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT Recommended Action:Council adopt the resolution. 7. 14-0476 RESOLUTION NO. 2014-179 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "EMERGENCY STORM DRAIN REPAIRS AT BRANDYWINE AVENUE & SEQUOIA STREET (DR197)°; ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "BRANDYWINE AVENUE 8 SEQUOIA STREET (DR197)" PROJECT; REDUCING THE DR'193 CIP BUDGET BY S196,000 IN TRANSNET FUNDS AND APPROPRIATING THE EQUIVALENT AMOUNT TO DR797; MAKING A FINDING THAT AN EMERGENCY EXISTED; AND, RATIFYING THE CONTRACT WITH ARRIETA CONSTRUCTION, INC. FOR SAID EMERGENCY REPAIR (4/5 VOTE REQUIRED) Recommended Action:Council adopt the resolution. Cify o/Chvla Yista Paga 7 City Council Meeting Minutes-Final September 23.2014 8. 14-0517 RESOLUTION NO 2014-180 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDWG THE CONTRACT FOR "BRUSH CLEARANCE IN RICE CANYON" (CIP # OP225) TO AZTEC LANDSCAPING, INC. IN THE AMOUNT OF $216,747.201N ACCORDANCE WITH MULTIPLE SPECIES CONSERVATION SUBAREA PLAN (MSCP) OF 2003 AND AREA SPECIFIC MANAGEMENT DIRECTIVES (ASMDs); AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT Recommended Action:Council adopt the resolution. 9. 14-0548 RESOLUTION NO. 2014-181 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING SAN DIEGO'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MODIFIED PERMIT FOR THE POINT LOMA WASTEWATER TREATMENT PLANT Recommended Action:Council adopt the resolution. 10. 14-0497 RESOLUTION NO 2014-182 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 AUTHORIZED POSITION COUNT FOR THE LIBRARY DEPARTMENT BY ADDING 1.0 LIBR,4RIAN I POSITION AND ELIMINATING 1.0 LIBRARY ASSOCIATE POSITION Recommended Action:Council adopt the resolution. 11. 14-0503 RESOLUTION NO 2014-183 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA OR ITS DESIGNEE TO ENTER INTO A SOLE SOURCE PURCHASE WITH PIERCE MANUFACTURING FOR THE ACQUISITION OF A PIERCE ARROW XT TRIPLE COMBINATION PUMPER/FIRE ENGINE Recommended Action:Council adopt the resolution. 12. 14-0514 REPORT GIVING NOTICE OF INTENT TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA AND DIRECTING THE CITY CLERK AND CITY ATTORNEY TO RETURN TO COUNCIL TO PRESENT THE PROPOSED AMENDMENTS WITHIN 90 DAYS Recommended Action: Council accept the report and direct the City Clerk and Ciry Attorney to present proposed amendments to the conflict of interest code within 90 days. Item 13 was removed irom the Consent Calendar 14. 14-0546 INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2014 Recommended Action: Council accept the report. C8y o/Chula Vista Page C City Council Meeting Minutes-Final September 23,2014 Approval of the Consent Calendar ACT10N: A motion was made by Mayor Cox, seconded by Councilmember Salas, to approve staffs 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 2. 14-0541 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.310 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 (SECOND READING AND ADOPTION) At the request of Councilmember Salas, there was consensus o( the Council to continue the item and request that stafl reword the definition ol 'Alcohol." making it clear that lhe de�nition. as s(ated, applied to types of alcohol that may be considerad under a permit. 13. 14-0328 RESOLUTION NO. 20�4-184 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER Director of Recreation McClure p2sented information on the dem Ben Vallejos, Executive Direcfo�, reprasenting the Uving Coast Discovery Cente� p/ovided information 2garding fhe Center and its st2tegic plan. ACT10N: A motion was made by Councilmember Bensoussan, seconded by Councilmember Ramirez, that Resolution No. 2014-164 be adopted, heading read, text waived.The motion carried by ihe following vote: Yes: 5- A9uilar, Bensoussan, Ramirez,Salas and Cox No: 0 Abstain: 0 PUBLIC COMMENTS There were none. CITY MANAGER'S REPORTS There were none. City o/CM1ula Ysta Pega 5 City Council Meeting Minutes-Final September 23,2014 MAYOR'S REPORTS Mayor Cox announced a back-fo-school adoption event dunng the month of September 2014 at the Chula Vista An�mal Care Facility, as well as the upcommg Beautify Chula Vista event on October 71, 2014. At the request o/ Mayor Cox, there was consensus of the Counal fo add an dem to the agenda of October l4, 2014 to conside� a resolution in opposihon to Proposition 47 on CaOfomia's November 2014 ballot, related to cnminal sentences COUNCILMEMBERS' COMMENTS Councdmember Ramirez expressed concem regarding rssues related to homelessness. Mayor Cox stated there would be a Counal workshop on the topic on November 6, 2014. 15. 14-0547 COUNCILMEMBER SALAS Presentation of highlights from the Chula Vista Train Festival held on August 30, 2014 Councdmember Salas gave a presentation on the recent Chula Vista Train Festival and recognized the evenPssponsors. Deputy Mayor Aguilar congratulafed Councdmember Salas on the Chula Vista Train Feshva/ At fhe request of Deputy Mayor Aguilar, there was consensus of the Council to add an item to the agenda of October 14, 2014 to cons�der Cdy endorsement of the Veteren's Day parade and ceremony to be he/d on November 7, 2014 at Veterads Elemenfary School. Mayor Cox announced that the Council would convene in c/osed session to discuss the items listed be/ow Mayor Cox recessed the meeting at 3:09 p m. The Gounal reconvened in Closed Sesswn at 3:17 p.m., wifh all members present. 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. 16. 14-0550 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Bart C. Miesfeld, Kelley Bacon, Maria Kachadoorian, Simon Silva and Gary Ficacci Employee organization. POA ACTION: No reportable action. City o/Chula Ysfa Page 6 City Council Meeting Minutes-Final September 23,2014 17. 14-0551 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives Gary Halbert, Bart C. Miesfeld, Kelley Bacon, Maria Kachadoorian, Simon Silva and Jim Geering Employee organization: IAFF ACTION: No reportable action. 18. 14-0523 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Rudy Diaz v. Chula Vista Civil Service Commission, San Diego Superior Court, Case No. 37-2013-00035036-CU-WM-CTL ACTION: No reportable action. 19. 14-0524 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Tommy LaNier v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2014-00019774-CU-DF-CTL ACTION: No reportable action. 20. 14-0525 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Valerie Taylor v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2014-00028754-CU-OE-CTL ACTION: No reportable action. 21. 14-0528 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) In re John Hess v. City of Chula Vista, et al., Government Claim for Damages ACT10N: No reportable action. CMy a/Chula Vsta Pa9e 7 City Council Meeting Minutes-Final September 23,2014 ADJOURNMENT At 5.22p.m, Mayor Cox adjoumed the meeting to the Regular City Council Meeting on October 14. 2074, af 2 00 p m., in the Council Chambers. (�f' \ Kerry K. ; elow, R istant City Clerk CrtyolChula Vsfa PageB