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Home My WebLink Aboutcc min 2015/01/13 City of Chula Vista Meeting Minutes - Final Tuesday,January 13,2015 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 Meeting of the City Council o/ the City of Chula Vista was called to order at 2:73 p.m. in the Counctil Chambers,located in City Hall, 276 Fourth Avenue, Chula Visfa, Califomia. ROLL CALL: Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann and Mayor Salas Also Present City Manager Ha/bert, City Attomey Googins, Gty Cleilc Norris, and Assistant C�ty Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Ma}ror Bensovssan led the Pledge of Allegiance. CONSENT CALENDAR (Part 1 - Item 1) 1. 14-0745 ORDINANCE NO. 3335 OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, CHANGING THE TIME OF REGULAR MEETINGS FROM 2:00 P.M. TO 4:00 P.M. (SECOND READING AND ADOPTION) ACIION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Ordinance No. 3335 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan,McCann and Salas No: 0 Abstain: 0 ACTION ITEMS (Part 1 - Item 1.5) 1.5 14-0752 A. DELIBERATION AND APPOINTMENT TO CITY COUNCIL SEAT NO. 4 B. OATH OF OFFICE FOR NEWLY APPOINTED COUNCILMEMBER Steve Arends, Chula Vista resident, spoke in support of ShiAey Horton. Scott McMillin, Coronado rasidenf, representing the Corky McMillin Companies, spoke in suppoR of Bifl Hall. Ciry oI Chula Ysfa Page 1 City Council Meeting Minutes-Final January 13,2015 Lisa Johnson, Bonrta resdent, spoke in support o/Bill Hall Audie de Castro, San Diego resident, rep2senting the Philippme Honorary Consul of San Diego, spoke in support of Jason Paguio. Betsy Kel/er, Chu/a Vista resident, spoke in support o/ James Clark and m opposihon to the City holding a special election. Dean McGill, San Diego resident, spoke m support o�Bill Hall. Ruben Rosental, Chula Vista resident, spoke in support o/Bdl Hall. Fanny Rosental, Chula V�sta resident, spoke in support of Bill Hall and in opposihon to the City holding a specia/election. Tma Wil6ams, Chula Vista resident, spoke in suppoR of Bill Hall and in opposition to the City holding a speaal e/ection. Richard D'Ascoli, Chu/a Visfa residen[, spoke in support ol8ill Hall. Yolanda Ramos, Chula Visla resident. spoke in support of Shirley Horton. Ron Bolles, Chula Vista resdent, representing Bolles Arts Intemational, spoke in suppoR of Jason Paguio. David Gonza/ez, Chula Visfa resident, submrtted written documentation in support o( Bill Hall and Steve Miesen, and in opposition to the City holding a speaa/elechon. He was not present to speak Mayor Salas moved to appoint Steve Miesen. The motion died due to lack of second. Deputy Ma}ror Bensoussan moved to appoinf Jason Paguio. The motion d�ed due to/ack of second. ACTION: A motion was made by Councilmember Aguilar, seconded by Mayor Salas, that Lisa Moctezuma be appointed.The motion failed by the following vote: Yes: 2- Aguilar and Salas No: 2- Bensoussan and McCann Abstain: 0 ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor Bensoussan, that Shirley Horton be appointed. The motion failed by the following vote: Yes: 2- Bensoussan and McCann No: 2- Aguilar and Salas Abstain: 0 Mayor Salas moved to appoint Bill Hall The motion died due to lack of second City Manager Halbert spoke regarding the cosf of a special e/echon and potential impact on the C�ty's budget. Mayor Sa/as moved to appoint Steve Miesen The motion died due to lack o/second Mayor Salas recessed the meeting at 2:58 p.m. The Council reconvened at 3 15 p.m., wdh all members present Crty o/Chula Ysta Page Y City Council Meeting Minutes•Final January 13,2015 Ma}ror Salas t2iled Item 7.5 and stafed discussion on fhe item would cbntinue following Ifem 11. Mayror Salas racessed fhe meeting at 3.19 p.m. The Council 2convened at 4:02 p.m., with al/ members present. CONSENT CALENDAR (Part 2 - Items 2-10) 2. 14-0750 APPROVAL OF MINUTES of January 6, 2015. Recommended Actlon:Council approve the minutes. 3. 14-0744 WRITTEN COMMUNICATIONS A. Letter of Resignation from Emmanuel Soto, Cultural Arts Commission. B. Letter of Resignation from Jeffrey Scott, Parks & Recreation Commission. Recommended Action:Council accept the resignaUons. 4. 14-0716 RESOLUTION NO. 2015-004 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING 580,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) Recommended Action:Council adoptthe resolution. 5. 14-0717 RESOLUTION NO. 2015-005 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING 595,000 TO THE SUPPLIES AND SERVICES CATEGORY OF THE ASSET SEIZURE FUND (4/5 VOTE REQUIRED) Recommended Action:Council adopt the resolution. 6. 14-0721 RESOLUTION NO. 2015-006 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; REJECTING THE BID OF THE FIRST APPARENT LOW BIDDER AS NON-RESPONSIVE; AWARDING THE CONTRACT FOR THE "BROADWAY STREET IMPROVEMENT PROJECT BETWEEN MAIN STREET AND SOUTH CITY LIMITS IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP# STM381)" TO TC CONSTRUCTION W THE AMOUNT OF 51,161,197; APPROPRIATING 5150,000 FROM THE AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND TO STM381; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED 570,000 (4/5 VOTE REQUIRED) Recommended Action:Council adoptthe resolution. Ciryo/ChWa Vsfa Page3 City Council Meeting Minutes-Final January 13,2015 7. 14-0726 RESOLUTION NO. 2015-007 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "STORM DRAIN REHABILITATION FY 2013/2014 AT VARIOUS �OCATIONS IN THE CITY OF CHULA VISTA (DR193/DR196)" PROJECT TO TC CONSTRUCTION CO., IN THE AMOUNT OF $795,373, WAIVING CITY COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $80,000 Recommended Actlon:Council adopt the resolution. 8. 14-0688 RESOLUTION NO. 2015-008 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE AN ADDITIONAL $1,563,585 FOR ENERGY EFFICIENCY PROGRAMS AND TO EXTEND THE TERM OF THE AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT AND THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE AMENDMENT; AND APPROPRIATING $1,563,585 TO THE ENERGY CONSERVATION FUND (4/5 VOTE REQUIRED) Recommended Action:Council adopt the resolution. 9. 14-0731 RESOLUTION NO. 2015-009 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE METROPOLITAN TRANSIT SYSTEM (MTS) REGARDING THE CITY'S DIVESTMENT OF PUBLIC TRANSPORTATION SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Recommended Action:Council adopt the resolution and approve the agreement 10. 14-0727 RESOLUTION NO. 2015-010 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $185,000 AGREEMENT BETWEEN THE CITY AND THE CENTER FOR SUSTAINABLE ENERGY (CSE) FOR SUPPORT IN IMPLEMENTING THE CITY OF CHULA VISTA'S SUSTAINABLE COMMUNITIES PROGRAM Recommended Action:Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Mayor Salas, seconded by Councilmember McCann, to approve staffs recommendations on the above Consent Calendar items, headings read,text waived.The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 C�ty o/Chula Ysfa Page 4 City Council MeeUng Minutes -Final January 13,2015 ITEMS REMOVED FROM THE CONSENT CALENDAR There weie none. PUBLIC COMMENTS The2 were none. Closed Session Item 72 was taken ovt ol order and discussed affer the Consent Calendar. Mayor Salas announced that the Council would convene in closed session to discuss the items lisfed below. At 4:09 p.m., the Council convened in closed session CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, O�cial Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 12. 14-0751 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) One Case ACTION: No reportable action. The Council reconvened in open session at 6:05 p.m., with all members p25ent. PUBLIC HEARINGS 11. 14-0625 CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT), AND APPROVAL OF THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT (Continued from January 27, 2015) A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL TO REPLACE THE THRESHOLD STANDARDS AND GROWfH MANAGEMENT OVERSIGHT COMMITTEE POLICY, AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT Notice of the hearing was given in accroMance with legal requiremants, and the heanng was held on the date and no earlier than the time specified in the nofice The public hearing was p2viously opened at the City Council meeting of Novembe�78, 2074. Planning Manager Batchelder and Associate Planner Vander Bie p2senfed information on the item. Ciry ol ChWa Ysta Page 5 City Council Meeting Minutes-Final January 13,2015 Armida Torres, Chula Vista resident and member o/ the Growth Management Overs�ght Commission, spoke in support of staffs�ecommendation. There bemg no other members o/ the public who wished to speak. Mayor Sa/as sfated that the dem would be confinued to the meefing o(January 27, 2015. 1.5 14-0752 A. DELIBERATION AND APPOINTMENT TO CITY COUNCIL SEAT NO. 4 B. OATH OF OFFICE FOR NEW�Y APPOINTED COUNCILMEMBER Discussion on ltem 1.5 continued Jdl Galvez, Chula Visfa resident, spoke in support of Usa Moctezuma. Michae/Gorski, Chula Vista�esident, spoke in support of Shi�ley HoROn. Linda Wagner, Chula Vista resident, requested to be considered (or the appointment, spoke in opposition to the City holding a special election, and spoke in support of Lisa Moctezuma. Michelle Krug, Chula Vista resident, spoke in opposrGon fo the City holding a special elechon and spoke in suppoR of Lisa Moctezuma Lisa Cohen, �epresenting the Chula Vista Chamber of Commerce, spoke in opposition to the City holding a special elecfion and spoke in support of Bill Hall and Steve Miesen Zilema Maldonado, Chula Vista resident, spoke in opposition to the City ho/ding a special election and spoke in support of Bill Hall and Sfeve Miesen. Vvginia Jensen, Coronado resident, spoke in opposition to the City holding a speaal e/ection and spoke in support o/ShirYey Horton and Steve Miesen. David Gonza/ez, Chula Vista resident, spoke in support o/Steve Miesen and Bdl Hall City Attomey Googins spoke regarding potential con(l�ct of interest issues for councilmembers and the analysis the City Attomeys o�ce had performed on the in(ormation submitted by the Council candidate finalists. ACTION: A motion was made by Mayor Salas, seconded by Councilmember Aguilar, that Steve Miesen be appointed.The motion failed by the following vote: Yes: 2- Aguilar and Salas No: 2- Bensoussan and McCann � Abstain: 0 Cdy Manager Halbert spoke regartiing the budget impact of a potentia/ speaal elecGOn and stated [hat Gty staN would recommend budget cuts to the Council, should it be unab/e to appoint a member to fill the vacant seat ACTION: A motion was made by Depury Mayor Bensoussan, seconded by Mayor Salas, that Jason Paguio be appointed.The motion failed by the following vote: Yes: 2- Bensoussan and Salas No: 2- Aguilar and McCann Abstain: 0 Crty o/Chula Ysta Page 6 City Council Meeting Minutes -Final January 13,2075 ACTION: A motion was made by Councilmember Aguilar, seconded by Mayor Salas, that James Clark be appointed.The motion failed by the following vote: Yes: 2- Aguilar and Salas No: 2- Bensoussan and McCann Abstain: 0 ACTION: A motion was made by Councilmember McCann, seconded 6y Deputy Mayor Bensoussan, that Shirley Horton be appointed. The motion failed by the following vote: Yes: 2- Bensoussan and McCann No: 2- Aguilar and Salas Abstain: 0 ACT10N: A motion �vas made by Mayor Salas, seconded by Councilmember Aguilar, that Mark Livag be appointed.The modon failed by the following vote: Yes: 2- Aguilar and Salas No: 2- Bensoussan and McCann Abstain: 0 ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Mayor Salas, that Steve Miesen be appointed.The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan,McCann and Salas No: 0 Absfain: 0 Gty Cledc Norris administe2d the oath o/office to Councilmember Miesen. CITY MANAGER'S REPORTS City Manager Halbert congratulated newly appointed Councilmember Miesen. MAYOR'S REPORTS Mayor Salas �ecognized the members of the Council /or coming to cnnsensus on appoin6ng Councilmember Miesen. COUNCILMEMBERS' COMMENTS Councilmember Miesen exp2ssed appreciafion for his appoinfinent to the Ciry Councd. Councilmember Aguilar spoke /egarding the f2edoms afforded to American citizens and �ecent attacks in France�elated to freedom of seticxp25sion. Councilmember McCann congratulated Councilmember Miesen on his appoinfinent. CLOSED SESSION Ilem 72 was taken out o/order and discussed following the Consent Calendar. Cky olChula Ysta Page 7 City Council Meeting Minutes•Final January 13,2015 ADJOURNMENT At 7:50 p m, Mayor Salas adjoumed the meeting to the City Council Mee[ing on January 27, 2015, at 4 00 p m, in the Counal Chambers � ��o J Kerry K. ig�K ow,l4ssistant City Clerk City of Chula Ysta Page 8