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Home My WebLink About2011/11/01 AgendaI declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according t , Brown Act requirements. ~ ~ ~~~ ~~ ~ j t Signed ~~~ -w~~ CITY OF CHULA VISTA Cheryl Cox, Mayor ~/ t/~~ Rudy Ramirez, Councilmember James D. Sandoval, City Manager /~`/-"r`/~ Patricia Aguilar, Councilmember Glen R. Googins, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember November 1, 2011 4:00 p.m. CALL TO ORDER Council Chambers City Hall -Building 100 276 Fourth Avenue ROLL CALL: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (Items 1-7) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Ciry Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. APPROVAL OF MINUTES of June 21, 2011. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memoranda from Councilmember Bensoussan requesting excused absences from the October 11, and October 18, 2011 City Council meetings. B. Memorandum from Councilmember Castaneda requesting an excused absence from the October 25, 2011 City Council meeting. C. Memorandum from Deputy Mayor Ramirez requesting an excused absence from the October 25, 2011 City Council meeting. Recommendation: Council excuse the absences. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 5.39.050(G) TO REQUIRE BIENNIAL HEALTH INSPECTIONS OF MOTELS (SECOND READING AND ADOPTION) (Police Chief) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $45,000 DONATED TO CHULA VISTA PUBLIC LIBRARY BY THE FRIENDS OF CHULA VISTA LIBRARY IN ORDER TO PURCHASE LIBRARY BOOKS AND MATERIALS (4/STHS VOTE REQUIRED) (Library Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROPRIATING $205,379 OF HOME INVESTMENT PARTNERSHIP FUNDS FOR USES PREVIOUSLY ALLOCATED BY CITY COUNCIL AND; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND COMMUNITY HOUSING WORKS FOR THE FIRST TIME HOMEBUYER ASSISTANCE PROGRAM (4/STHS VOTE REQUIRED) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING A BUDGET AMENDMENT AND APPROPRIATION OF $83,256 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR USES PREVIOUSLY APPROVED BY CITY COUNCIL (4/STHS VOTE REQUIRED) (Assistant City Manager/Director ofDevelopment Services) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN GREENING GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84); AND AUTHORIZING THE PUBLIC WORKS DIItECTOR/CITY ENGINEER AUTHORITY TO ACT FOR THE CITY WITH RESPECT TO THE GRANT APPLICATION (Director of Public Works) Staff recommendation: Council adopt the resolution. Page t -Council Agenda taro:''~~s~,o.cLuia~~istaca._~o~, November 1, 2011 ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Ciry Clerk prior to the meeting. 8. REPORT ON THE STATUS OF DEMOLITION AND REMEDIATION OF THE SOUTH BAY POWER PLANT, AND RELATED ISSUES, AND THE CITY COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING SAME (City Attorney) Staff recommendation: Council take action as they deem necessary. 9. CONSIDERATION OF AN EMERGENCY ORDINANCE AND AN ORDINANCE OF THE CITY OF CHULA VISTA DECLARING THE DISTRIBUTION OF PSYCHOACTNE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CNIL PENALTIES AND ENFORCEMENT Staff recommendation: Council adopt the following emergency ordinance (A) and place ordinance (B) on first reading: A. EMERGENCY ORDINANCE ENACTING MUNICIPAL CODE CHAPTER 9.24 DECLARING THE DISTRIBUTION OF PSYCHOACTNE BATH SALTS AND PSYCHOACTIVE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CNIL PENALTIES AND ENFORCEMENT (4/STHS VOTE REQUIl2ED) (Ciry Attorney) B. ORDINANCE ENACTING MUNICIPAL CODE CHAPTER 9.24 DECLARING THE DISTRIBUTION OF PSYCHOACTIVE BATH SALTS AND PSYCHOACTNE HERBAL INCENSE A PUBLIC NUISANCE SUBJECT TO CNIL PENALTIES AND ENFORCEMENT (City Attorney) Page 3 -Council Agenda htt~J'ww-~.cLuluisraca.s~~~ November 1, 2011 OTHER BUSINESS 10. CITY MANAGER'S REPORTS 11. MAYOR'S REPORTS 12. COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: South Bay Power Plant Property located at 990 Bay Boulevard, Chula Vista, California Described as follows: Parcel 1 of Pazcel Map No. 18185 in the County of San Diego, State of California, filed in the Office of the County Recorder of said San Diego County, December 30, 1998, as File No. 1998-858614 of Official Records, excluding the "Electrical Substation" and "Park Notch" Parcels. Agency Negotiators: Jim Sandoval, Scott Tulloch, Glen Googins and Bart Miesfeld Negotiating Parties: Dynegy South Bay, LLC and the San Diego Unified Port District Under Negotiation: Possible terms for initiation of lease negotiations. ADJOURNMENT to the next Regulaz City Council Workshop Meeting on November 3, 2011, at 4:00 p.m., in the Police Department Community Room. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Page 4 -Council Agenda '_t ~:!,'•,v~.vw.c;~!i!a~~istaca.~±ov November 1, 2011