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Home My WebLink About2012/11/20 AgendaI declare under penalty of perjury that I am employed by the City of Chula Vista in the ~`tr/ Otfice of the City Clerk and that I posted this ^ ~ document on the bulletin board according to~ Brown Act requirements. ~,~. ~-,~,+- u` j ( ~ Signed " CLAVISL4 Cheryl Cox, Mayor Steve Castaneda, Councilmember James D. Sandoval, City Manager Patricia Aguilar, Councilmember Glen R. Googins, City Attorney Pamela Bensoussan, Councilmember Donna R. Norris, City Clerk Rudy Ramirez, Councilmember November 20, 2012 Council Chambers, City Hall -Bldg. 100, 276 Fourth Avenue 2:00 p.m. Teleconferencing location: 15965 Meadow King Way Alpharetta, Georgia 30004 CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Castaneda, Ramirez and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY WRAP-UP REPORT ON SEPTEMBER 29 HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT AND PRESENTATION OF COMPUTERS FROM COMPUTERS2SDKIDS TO MAAC PROJECT, YOUTH IN TRANSITION PROGRAM - HF,LPING YOUNG MEN AND WOMEN TRANSITION OUT OF THE FOSTER CARE SYSTEM PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2012 CHRISTh4AS IN OCTOBER PROGRAM IN THE CITY OF CHULA VISTA RECOGNITION OF LIBERTY ELEMENTARY FIFTH GRADER TYLER AHN ROllEN FOR WINNING THE LADIES AUXILIARY, MILITARY ORDER OF THE PURPLE HEART, UNIT 49 FIFTH GRADE ESSAY CONTEST, "WHY IT'S IMPORTANT TO THANK OUR VETERANS" CONSENT CALENDAR (Items 1-19} 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 City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. APPROVAL OF MINUTES of August 27, September 11, 18 and 20, 2012. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Tim P. Jones, Board of Appeals. Recommendation: Council accept the resignation. B. Letter of resignation from Katarzyna Lappin, Cultural Arts Commission. Recommendation: Council accept the resignation. C. Letter of resignation from Hannelore Inman, Historic Preservation Commission. Recommendation: Council accept the resignation. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.11.030, 2.11.035, 2.11.060, 2.11.090, 2.28.110 C, AND ADDING CHAPTER 2.73 (LEGISLATIVE COUNSEL) TO THE CHULA VISTA MUNICIPAL CODE IN ORDER TO IMPLEMENT PROPOSITION "C", ADOPTED AT THE JUNE 2012 MUNICIPAL ELECTION (SECOND READING AND ADOPTION) (Prop "C" Implementation Subcommittee - Councilmembers Aguilar and Ramirez) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE BY AMENDING CHAPTER 9.13 REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES AND REPEALING CHAPTER 9.22 (SECOND READING AND ADOPTION) (City Attorney) Staff recommendation: Council adopt the ordinance. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $825 DONATION FROM THE ROTARY CLUB OF CHULA VISTA AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2012/2013 BUDGET OF THE FIRE DEPARTMENT (4/STHS VOTE REQUIRED) (Fire Chief) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING A LEASE FOR REAL PROPERTY WITH THE U.' FOR THE STORAGE OF AN EMERGENCY COMMAND VEHICLE AT FIRE STATION 8 AND APPROPRIATING $9,750 YEAR 2012/2013 BUDGET OF THE FIRE DEPARTMENT REQUIRED) (Fire Chiet) Staff recommendation: Council adopt the resolution. CHULA VISTA ~. GOVERNMENT AND CONTROL TO THE FISCAL (4/STHS VOTE Page 2 -Council Agenda htto://www.chulavistaca.gov November 2Q 2012 7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SERVICE EMPLOYEE'S INTERNATIONAL UNION LOCAL 221/CHULA VISTA EMPLOYEES ASSOCIATION (SEN/CVEA) REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT (Director of Human Resources) Staff recommendation: Council adopt the resolution. B. RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE MID MANAGERS/PROFESSIONAL ASSOCIATION/SEIU LOCAL 221, CLC, CTW (MM/PA) REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT (Director of Human Resources) Staff recommendation: Council adopt the resolution. C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE WESTERN COUNCIL OF ENGINEERS (WCE) REGARDING COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT AND CREATION OF SENIOR LAND SURVEYOR POSITION AND ADDITION OF SAID POSITION TO THE CITY'S CLASSIFICATION PLAN (Director of Human Resources) Staff recommendation: Council adopt the resolution. 8. ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING UNTIL DECEMBER 31, 2013, THE FEE DEFERRAL PROGRAM FOR CERTAIN DEVELOPMENT FEES TO ALLOW PAYMENT PRIOR TO BUILDING PERMIT FINAL INSPECTION INSTEAD OF AT BUILDING PERMIT ISSUANCE (FIRST READING) (Assistant City Manager/Development Services Director) Staff recommendation: Council place the ordinance on first reading. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $7,302 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/STHS VOTE REQUIRED) (Police Chief) Staff recommendation: Council adopt the resolution. Page 3 -Council Agenda htto://www.chulavistaca.gov November 20, 2012 10. RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF A POLICE SERVICES OFFICER SUPERVISOR AND AUTHORIZING THE RECLASSIFICATION OF TWO POLICE SERVICES OFFICERS TO POLICE SERVICES OFFICER SUPERVISORS (4/STHS VOTE) (Police Chief) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEASE AGREEMENT WITH EV PEREZ GRAVEL FOR A PORTION OF CITY OWNED PROPERTY LOCATED AT 707 "F" STREET AND AUTHORIZING THE REAL PROPERTY MANAGER TO EXECUTE THE AGREEMENT (Director of Public Works) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA V[STA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MOFFATT AND NICHOL TO PROVIDE PRELIMINARY ENGINEERING, ENVIRONMENTAL DOCUMENTATION AND FINAL DESIGN FOR THE HERITAGE ROAD BRIDGE REPLACEMENT PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY (Director of Public Works) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2012/2013 EQUIPMENT REPLACEMENT FUND BUDGET BY APPROPRIATING $256,652 TO THE OTHER EXPENDITURE CATEGORY (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR ACQUISITION AND LEASE OF COMPRESSED NATURAL GAS BUSES (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 -Council Agenda htto://www.chulavis[aca.gov November 2Q 2012 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR RUBBERIZED PAVEMENT GRANT FUNDS FOR FISCAL YEAR 2012/2013 AND TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO, APPLICATIONS, AGREEMENTS, AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECT (Director of Public Works) Staff recommendation: Council adopt the resolution. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF A CAL-RECYCLE WASTE TIRE ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSE SPECIFIED IN THE GRANT THROUGH JUNE 3Q 2017 (Director of Public Works) Staff recommendation: Council adopt the resolution. 17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BICYCLE TRANSPORTATION ACCOUNT GRANT FUNDS IN THE AMOUNT OF $404,794 FOR THE COMPLETION OF A CLASS II BIKEWAY GAP ALONG WESTBOUND EAST ORANGE AVENUE BETWEEN MELROSE AVENUE AND LOMA LANE, AUTHORIZING THE CITY ENGINEER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA, AMENDING THE CIP FISCAL YEAR 2012/2013 BUDGET, CREATING A NEW CIP PROJECT STM377 "WESTBOUND EAST ORANGE AVENUE BIKE GAP PROJECT" AND APPROPRIATING $404,794 TO THE OTHER TRANSPORTATION FUND AND $50,031 TO THE TRANSPORTATION SALES TAX FUND (TRANSNET) (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. 18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "EMERGENCY STORM DRAIN REPAIRS AT LANSLEY WAY & MENDOCINO DRIVE (DR180F)," MAKING A FINDING THAT AN EMERGENCY EXISTED, AND RATIFYING THE CONTRACT WITH TC CONSTRUCTION COMPANY, INC. FOR SAID EMERGENCY REPAIR (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 5 -Council Agenda httu://www.chulavistaca.~ov November 20, 2012 19. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 14.20.030 AND 14.20.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO "STORM WATER MANAGEMENT AND DISCHARGE CONTROL" (FIRST READING) (Director of Public Works) Staff recommendation: Council place the ordinance on first reading. 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. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 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 City Clerk prior to the meeting. 20. CONSIDERATION OF APPEAL BY LEWIS BREWER OF THE ZONING ADMINISTRATOR'S DECISION APPROVING CONDITIONAL USE PERMIT PCC- 11-073, THE UNOCAL GAS STATION AND MINI-MART BEER AND WINE ALCOHOLIC BEVERAGE CONTROL LICENSE (Assistant City Manager/Director of Development Services) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL OF LEWIS BREWER AND APPROVING THE CONDITIONAL USE PERMIT (PCC-11-073) TO PERMIT THE SALE OF BEER AND WINE AT THE UNOCAL GAS STATION AND MINI-MART LOCATED AT 1495 MELROSE AVENUE IN THE CITY OF CHULA VISTA OTHER BUSINESS 21. CITY MANAGER'S REPORTS 22. MAYOR'S REPORTS 23. COUNCILMEMBERS' COMMENTS Page 6 -Council Agenda ham://www.chulavistaca.gov November 2Q 2012 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the Ciry Attorney's off ce in accordance with the Ralph M Brown Act (Government Code 54957.7). 24. A. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Guadalupe Gonzalez v. City of Chula Vista, et al., San Diego Superior Court, Case No. 3 7-201 1-0009785 7-CU-PA-CTL B. CONFERENCE WITH LEGAL COUNSEL - ANTICIl'ATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) One (1) case. C. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) One (1) case. ADJOURNMENT to a Special City Council Meeting on December 4, 2012, at 6:00 p.m., in the Council Chambers. 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 Ciry 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 7 -Council Agenda htto://www.chulavistaca.~ November 2Q, 2012