HomeMy WebLinkAboutcc min 2018/02/27 City of Chula Vista
Meeting Minutes - Final
Tuesday, February 27,2018 5:00 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 5:12 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, Califomia.
ROLL CALL:
Present: Councilmember Aguilar, Deputy Mayor Diaz, Councilmember McCann, Councilmember
Padilla and Mayor Casillas Salas
Councilmember McCann arrived at 6:05 p.m.
Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk
Larrarte
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Diaz led the Pledge of Allegiance.
Mayor Casillas Salas requested a moment of silence in honor of the victims of the Parkland School
shooting.
SPECIAL ORDERS OF THE DAY
A. 18-0074 PRESENTATION BY INTERIM LIBRARY DIRECTOR JOY WHATLEY AND
US DEPARTMENT OF STATE, CUSTOMER SERVICE MANAGER
SAUL LEYVA, OF THE 2017 NATIONAL PASSPORT ACCEPTANCE
FACILITY OF THE YEAR AWARD TO THE OTAY RANCH BRANCH
LIBRARY
Interim Library Director Whatley gave the presentation and United States Department of State Customer
Service Manager Saul Leyva presented the award.
B. 18-0050 PRESENTATION BY SAN DIEGO ASSOCIATION OF GOVERNMENTS
(SANDAG) SENIOR REGIONAL PLANNER STEPHAN VANCE ON THE
SAN DIEGO BAYSHORE BIKEWAY
San Diego Association of Governments Regional Planner Stephan Vance gave the presentation.
CONSENT CALENDAR (Items 1 - 8)
Mayor Salas announced that Item 2 was removed from the consent calendar by a member of the public.
There was consensus of the Council to add Item 10 to the consent calendar.
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City Council Meeting Minutes-Final February 27,2018
1. 18-0081 APPROVAL OF MINUTES of November 21, 2017.
Recommended Action: Council approve the minutes.
3. 17-0532 RESOLUTION NO. 2018-027 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PARK MASTER PLAN FOR THE
3.6-ACRE P-6 PUBLIC NEIGHBORHOOD PARK, LOCATED IN
MILLENIA, AND APPROVING THE PARK NAME "MILLENIA PARK"
Recommended Action: Council adopt the resolution.
4. 18-0061 INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31,
2017
Recommended Action: Council accept the report.
5. 18-0003 RESOLUTION NO. 2018-028 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR
THE "PALOMAR STREET AND ORANGE AVENUE SIDEWALK
IMPROVEMENTS (STL420)" PROJECT TO TRI-GROUP
CONSTRUCTION AND DEVELOPMENT INC., IN THE AMOUNT OF
$809,284; APPROPRIATING $312,750 FROM THE AVAILABLE
BALANCE OF THE TRAFFIC SIGNAL FUND TO STL420; AND
TRANSFERRING $187,2501N TRANSNET APPROPRIATIONS FROM
DRN0206 TO STL420 (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
6. 17-0484 RESOLUTION NO. 2018-029 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR
THE CONSTRUCTION OF THE "TRAFFIC SIGNAL MODIFICATIONS AT
FOUR INTERSECTIONS: FOURTH AVENUE . & J STREET, HILLTOP
DRIVE & L STREET, THIRD AVENUE & H STREET, AND THIRD
AVENUE & I STREET (CIP# TRF0388)" PROJECT TO HMS
CONSTRUCTION, INC. IN THE AMOUNT OF $893,565.50; AND
APPROPRIATING $260,000 FROM THE AVAILABLE BALANCE OF THE
TRAFFIC SIGNAL FUND TO TRF0388 (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
7. 18-0036 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 9.20 TO PERMIT RECOVERY OF
THE CITY'S AVERAGE COSTS RELATED TO GRAFFITI ABATEMENT
AND REMEDIATION BY THE SAN DIEGO PROBATION OFFICE IN
JUVENILE COURT PROCEEDINGS AND ADOPTING THE 2018 CHULA
VISTA GRAFFITI ABATEMENT COST AND EXPENSES MATRIX (FIRST
READING)
Recommended Action: Council place the ordinance on first reading.
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City Council Meeting Minutes-Final February 27, 2018
8. 18-0073 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 5.56 TO PERMIT AND REGULATE
TOBACCO RETAILERS (FIRST READING)
Recommended Action: Council place the ordinance on first reading.
10. 18-0037 RESOLUTION NO. 2018-032 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS (SANDAG), THE CITY, AND THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
REGARDING ROLES AND RESPONSIBILITIES FOR THE SAN DIEGO
REGIONAL PROVING GROUND
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
ACTION: A motion was made by Councilmember Padilla, seconded by Deputy Mayor Diaz,
to approve staffs recommendations on the above Consent Calendar items,
headings read,text waived.The motion carried by the following vote:
Yes: 4- Aguilar, Diaz, Padilla and Casillas Salas
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. 18-0077 ORDINANCE NO. 3415 OF THE CITY OF CHULA VISTA ADDING
CHAPTER 3.34 TO TITLE 3 OF THE CHULA VISTA MUNICIPAL CODE
'TO ESTABLISH A ONE- HALF CENT GENERAL TRANSACTIONS AND
USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT
OF TAX AND FEE ADMINISTRATION INCLUDING PROVISIONS FOR
CITIZENS' OVERSIGHT AND ACCOUNTABILITY (SECOND READING
AND ADOPTION) (4/5 VOTE REQUIRED)
Steven Pavka, Chula Vista resident, requested information regarding the spending plan for the proposed
tax measure.
ACTION: A motion was made by Councilmember Padilla, seconded by Deputy Mayor Diaz,
to adopt Ordinance No. 3415, heading read, text waived. The motion carried by
the following vote:
Yes: 4- Aguilar, Diaz, Padilla and Casillas Salas
No: 0
Abstain: 0
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City Council Meeting Minutes-Final February 27,2018
PUBLIC COMMENTS
Efren Mouette, Chula Vista resident, expressed concern regarding illegal activities in the area of the H
Street Trolley Station and stated written communications had been provided to the Council.
Steven Pavka, Chula Vista resident, expressed concern regarding gun control.
PUBLIC HEARINGS
9. 17-0396 A. RESOLUTION NO. 2018-030 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING CAPITAL IMPROVEMENT PROGRAM
(CIP) PROJECT "BIKE LANES ON BROADWAY - PHASE II" (CIP#
STM0392) TO INCLUDE THE SCOPE OF PHASE III (L STREET TO
MAIN STREET), RENAMING CIP# STM0392 AS, "CLASS 2 BIKE LANES
ON BROADWAY," AND APPROPRIATING $103,728 FROM THE SB-1
ATPL GRANT PROGRAM OF THE STATE GRANTS FUND TO STM0392
(4/5 VOTE REQUIRED)
B. RESOLUTION NO. 2018-031 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE TRAFFIC IMPACT STUDY AND
ENVIRONMENTAL ANALYSIS, APPROVING THE RECOMMENDATION
TO INSTALL BIKE LANES ON BROADWAY FROM C STREET TO MAIN
STREET, AND AMENDING SCHEDULE VI OF THE REGISTER
MAINTAINED BY THE OFFICE OF THE CITY ENGINEER TO REFLECT
THE REVISED TIME-LIMITED PARKING ZONES UPON COMPLETION
OF THE PROJECT
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
i date and no earlier than the time specified in the notice.
Principal Civil Engineer Rivera gave the presentation.
Armando Ibarra, Chula Vista Resident, submitted written documentation in support of staffs
recommendation.
Mayor Casi/las Salas opened the public hearing. There being no members of the public who wished to
speak, Mayor Casi/las Salas closed the public hearing.
ACTION: A motion was made by Councilmember Aguilar, seconded by Councilmember
Padilla, to adopt Resolution No. 2018-030 and Resolution No. 2018-031, heading
read,text waived.The motion carried by the following vote:
Yes: 4- Aguilar, Diaz, Padilla and Casillas Salas
No: 0
Abstain: 0
Item 10 was considered as part of the consent calendar.
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City Council Meeting Minutes-Final February 27, 2018
ACTION ITEMS
11. 18-0071 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA
MUNICIPAL CODE SECTION 5.19 TO REGULATE COMMERCIAL
CANNABIS (FIRST READING)
Deputy City Manager Bacon, Development Services Director Broughton, and Deputy City Attorney McClurg
gave a presentation on the item.
Deputy City Attorney McClurg announced that a revision to the proposed ordinance had been distributed to
Council.
Staff responded to questions of the Council.
The following members of the public spoke in support of the proposed ordinance and offered suggested
modifications:
-Chris Creighton, representing Murchison Chemicals
-Chris Coggan, San Diego resident, representing the San Diego Cannabis Delivery Alliance
-Ken Sobel
-Jarrod Adams, San Diego resident
-Sean McDermott
-Sam Humeid, Oceanside resident, representing the San Diego Cannabis Delivery Alliance
-Mark Morris, San Marcos resident, representing cannabis therapy practitioners
-Cynara Velazquez, San Diego resident, representing Citizens for Public Safety, and she distributed
written communications to the Council
.-Sapphire Blackwood, San Diego resident, representing the Association of Cannabis Professionals
-Gina Austin, San Diego resident
-Jessica McElfresh, Solana Beach resident
-Laura VVIIkinson, South Bay resident
The following members of the public spoke in support of the proposed ordinance:
-Michael Gilgun, Chula Vista resident
-Heidi Whitman, San Diego resident, representing Flow Kana
Michelle Reynoso expressed gratitude for the ability to work with the Council and staff on the draft
ordinance and encouraged members of the public to provide feedback and be involved in the process.
Rudy Ramirez, Chula Vista resident, suggested the Council consider approaching the issue of commercial
cannabis activity from an economic development standpoint.
Stephen Ablahad, San Diego resident, spoke in opposition to the proposed ordinance and offered
suggested modifications.
The following members of the public spoke in opposition to the proposed ordinance:
-Kelly McCormick
-Peggy Walker, and she distributed written communications to the Council
-Janet Asaro, San Diego resident
-John Humiston, Chula Vista resident
-Damian Johnson
-Judi Strang
-Carol Green, Chula Vista resident, and she distributed written communications to the Council
Council discussion ensued.
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City Council Meeting Minutes-Final February 27, 2018
ACTION: A motion was made by Councilmember Padilla, seconded by Mayor Casillas
Salas, to amend the draft ordinance to limit the number of licenses for cultivation
facilities to 10 citywide.The motion carried by the following vote:
Yes: 5- Aguilar, Diaz, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
Council discussion continued.
ACTION: A motion was made by Councilmember Padilla, seconded by Mayor Casillas
Salas, to adopt the above ordinance, as previously amended and further
amended to 1) replace reference to a lottery system with a merit-based system to
be developed through regulations, and 2) to limit the 10 citywide cultivation
facilities to 20,000 square feet, heading read, text waived. The motion carried by
the following vote:
Yes: 4- Aguilar, Diaz, Padilla and Casillas Salas
No: 1 - McCann
Abstain: 0
12. 18-0015 A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING
DECEMBER 31, 2017
B. RESOLUTION NO. 2018-033 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL
YEAR 2017/18 BUDGET TO ADJUST FOR VARIANCES AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
Finance Director Bilby and Budget Manager Prendell gave the presentation.
Staff answered questions of the Council.
ACTION: A motion was made by Councilmember McCann, seconded by Deputy Mayor
Diaz, to accept the report and adopt Resolution No. 2018-033, heading read, text
waived.The motion carried by the following vote:
Yes: 5- Aguilar, Diaz, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
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City Council Meeting Minutes -Final February 27, 2018
13. 18-0048 A. RESOLUTION NO. 2018-034 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND
CLASSIFICATION PLAN TO REFLECT THE ADDITION OF VARIOUS
POSITION TITLES AND AMENDING THE AUTHORIZED POSITION
COUNT IN VARIOUS DEPARTMENTS WITH NO NET INCREASE IN
AUTHORIZED STAFFING
B. RESOLUTION NO. 2018-035 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2017/18
COMPENSATION SCHEDULE EFFECTIVE MARCH 2, 2018, AS
REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5, TO REFLECT: (1) THE ADDITION AND ELIMINATION
OF CERTAIN POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR
ACCOUNTANT, ASSOCIATE ACCOUNTANT, DEPUTY CITY
MANAGER, DIRECTOR OF ECONOMIC DEVELOPMENT, SEASONAL
ASSISTANT, AND SENIOR ACCOUNTANT
C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE
UNCLASSIFIED POSITIONS OF CITY LIBRARIAN, PARKS AND
RECREATION ADMINISTRATOR, DIRECTOR OF COMMUNITY
SERVICES, AND REVENUE MANAGER (FIRST READING) (4/5 VOTE
REQUIRED)
Deputy City Manager Bacon gave a presentation on the item. Human Resources Director Chase provided
information regarding the impact on executive compensation.
ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember
McCann, to adopt Resolution Nos. 2018-034 and 2018-035, and to place the above
ordinance on first reading, headings read, text waived. The motion carried by
the following vote:
Yes: 5- Aguilar, Diaz, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
CITY MANAGER'S REPORTS
There were none.
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City Council Meeting Minutes-Final February 27,2018
MAYOR'S REPORTS
14. 18-0083 APPOINTMENT OF A MEMBER TO THE SANDAG SHORELINE
PRESERVATION WORKING GROUP
ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember
McCann, to appoint Councilmember Padilla to the SANDAG Shoreline
Preservation Working Group.The motion carried by the following vote:
Yes: 5- Aguilar, Diaz, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
Mayor Casillas Salas presented pictures from the City of Champions Event and thanked staff. She also
announced the Irapuato delegation visit.
COU NCI LMEMBEIRS' COMMENTS
15. 18-0078 COUNCILMEMBER AGUILAR:
CONSIDERATION OF CITY ENDORSEMENT OF THE 2018 "VILLAGE
SUMMER NIGHTS" SERIES OF EVENTS PLANNED FOR THE THIRD
AVENUE VILLAGE IN CHULA VISTA
Village Summer Nights is a series of six bi-weekly displays of vehicles,
music, and specialty business products planned for every other Tuesday
evening beginning June 12 and ending August 28, 2018.
The following members of the public spoke in support of the City's endorsement of the 2018 Village
Summer Nights and-future-events-on Third Avenue:
-Raquel Rico Cortez, representing the Third Avenue Village Business Owners "Village Summer Nights"
-Rosa Lopez, representing the Third Avenue Village Business Owners "Village Summer Nights"
-Anamaria Snooky Rico, Chula Vista resident, representing Rico's on 3rd
ACTION: A motion was made by Councilmember Aguilar, seconded by Mayor Casillas
Salas, to endorse the 2018"Village Summer Nights" series of events planned for
the Third Avenue Village in Chula Vista. The motion carried by the following
vote:
Yes: 5- Aguilar, Diaz, McCann, Padilla and Casillas Salas
No: 0
Abstain: 0
Councilmember Aguilar reported on a recent City planning forum.
Councilmember Padilla spoke regarding the recent City of Champions event.
Deputy Mayor Diaz announced the 24-hour giveback fundraising event at Seven Mile Casino, which
benefitted South Bay Community Services.
Councilmember Aguilar announced an upcoming community meeting on the topic of school safety.
Councilmember McCann recognized the Marines, Sailors, and Coast Guard members, with whom he had
recently worked.
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City Council Meeting Minutes-Final February 27, 2018
CITY ATTORNEY'S REPORTS
City Attorney Googins provided information regarding the prohibited use of public funds in advocating for
or against ballot measures.
City Attorney Googins announced that the Council would convene in closed session to discuss the items
listed below.
Mayor Casillas Sa/as recessed the meeting at 9:59 p.m. The Council reconvened in Closed Session at
10:05 p.m., with 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. 18-0054 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(d)(1)
Name of case: Juan Abenojar and Salome Rincon v. City of Chula Vista,
San Diego Superior Court, Case No. 37-2016-00024897-CU-PO-CTL
ACTION: No reportable action.
17. 18-0070 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
One (1) Case: City of Chula Vista v. International Boundary & Water
Commission, et al.
ACTION: Reportable action pending.
ADJOURNMENT
At 10:45 p.m., the meeting was adjourned to the Regular City Council Meeting on March 6, 2017 at 5:00
p.m., in the Council Chambers.
erry K igelow, M , City Clerk
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