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Home My WebLink About2013/03/05 AgendaI declare under penalty of perjury that I am `~~~i ~•"`~ -rployed by the City of Chuta Vista in tha Jake of the City Clerk and that I posted ihis~._ ~~ -1x~ment on tho'bclleiin board according [~ 3rown Act requirements. m ~, ~,~~ i is Signed L~~~~~A Cheryl Cox, Mayor ~/ Pamela Bensoussan, Councilmember James D. Sandoval, City Manager //`/-yL/~ Patricia Aguilar, Councilmember Glen R. Googins, City Attorney Rudy Ramirez, Councilmember Donna R. Norris, City Clerk Mary Salas, Councilmember March 5, 2013 Council Chambers 2:00 p.m. City Hall -Building 100 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY • INTRODUCTION BY RICK HOPKINS, PUBLIC WORKS DII2ECTOR, OF EMPLOYEE OF THE MONTH CLAUDIA BLOCK, PUBLIC WORKS SPECIALIST • PRESENTATION OF A PROCLAMATION DECLARING MARCH 7 THROUGH MARCH 16, 2013 AS MARIACHI WEEK IN THE CITY OF CHULA VISTA • PRESENTATION OF THE CHULA VISTA PROMISE NEIGHBORHOOD BY SOUTH BAY COMMUNITY SERVICES PRESIDENT/CEO KATHIE LEMBO AND YOUTH & FAMILY DEVELOPMENT DIItECTOR MAURICIO TORRE • PRESENTATION OF A PROCLAMATION TO PACIFIC SOUTH COAST CHAPTER FOR NATIONAL MULTIPLE SCLEROSIS SOCIETY CO-CHAIR, GOVERNMENT RELATIONS COMMITTEE, RACHEL CHAPMAN, PROCLAIMING MARCH 11 THROUGH MARCH 18, 2013 AS MULTH'LE SCLEROSIS WEEK IN CHULA VISTA Time Certain 3:30 n.m • PRESENTATION BY SAN DIEGO COUNTY PROBATION DEPARTMENT CHIEF PROBATION OFFICER MACK JENKINS ON CALIFORNIA'S PUBLIC SAFETY REALIGNMENT PROGRAM CONSENT CALENDAR (Items 1-8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the publiq 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. 1. APPROVAL OF MINUTES of January 15, 2013. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Valerie Attisha, Cultural Arts Commission. Recommendation: Council accept the resignation. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF THE CHULA VISTA MUNICIPAL CODE INCLUDING TITLE 19 (ZONING ORDINANCE) RELATED TO SPECIAL EVENTS; TEMPORARY OUTSIDE SALES; AND TEMPORARY PROMOTIONAL SIGNS; AND TITLE 18 (SUBDIVISIONS) RELATED TO ADMINISTRATIVE PROCEDURES FOR THE SUBDIVISION OF LAND FOR THE PURPOSES OF PROCESS IMPROVEMENTS (SECOND READING AND ADOPTION) (Assistant City Manager/Director of Development Services) Staff recommendation: Council adopt the ordinance. 4. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.28.020, RESIDENTIAL GRAYWATER STUB-OUT (FIRST READING) (Assistant City Manager/Director of Development Services) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA CLOTHES WASHER GRAYWATER PRE-PLUMBING AND STUB-OUT FOR NEW RESIDENTIAL CONSTRUCTION (Assistant City Manager/Director ofDevelopment Services) Staff recommendation: Council place the ordinance on first reading and adopt the resolution. 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR DEL MAR AVENUE ASSESSMENT DISTRICT 2011-O1 (Director of Public Works) Page 2 Council Agenda ~://www.chulavistaca.gov March 5, 2013 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS; ESTABLISHING THE RATE OF INTEREST AT FIVE PERCENT (5%) PER YEAR, WITH A MAXIMUM FINANCING PERIOD OF TEN YEARS; AND APPLYING SUCH INTEREST RATE AND DEFERRAL PERIOD TO ALL DEFERRALS FOR DEL MAR AVENUE ASSESSMENT DISTRICT 2011-01 (Director of Public Works) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2011-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER TO THE CONTRACT WITH TRI-GROUP CONSTRUCTION, INC. FOR THE "ALPINE AVENUE IMPROVEMENTS FROM EMERSON STREET TO OXFORD STREET (STL379) AND TWIN OAKS AVENUE IMPROVEMENTS FROM EMERSON STREET TO OXFORD STREET (STL386)" PROJECT IN THE AMOUNT OF $98,726 TO PERFORM ADDITIONAL ELIGIBLE WORK IN THE CASTLE PARK NEIGHBORHOOD AREA UNDER THE SECTION 108 LOAN PROGRAM; REDUCING THE STL380 BUDGET BY $41,593 AND THE STL385 BUDGET BY $53,000 AND APPROPRIATING THE EQUIVALENT AMOUNT TO STL379 (4/STHS VOTE REQUIRED) (Director ofPublic Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "CORRAL COURT PUMP STATION REHABILITATION IMPROVEMENTS (CIP NO. SW264)" PROJECT TO T.C. CONSTRUCTION CO. IN THE AMOUNT OF $616,780, APPROPRIATING FUNDS IN THE AMOUNT OF $470,000 FROM THE AVAILABLE SEWER FACILITY REPLACEMENT FUND BALANCE, WAIVING CITY COUNCIL POLICY NO. 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $92,220 (4/STHS VOTE REQUIRED) (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 Council Agenda httn://www.chulavistaca.gov March 5, 2013 8. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.02 TO ADD SECTION 2.02.25 AND AMEND SECTION 2.02.030 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA (FIRST READING) (City Clerk and City Attorney) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF OFFICIALS, CANDIDATES AND DESIGNATED EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS AND THE DISCLOSURE CATEGORIES FOR SAID FILERS, AND DESIGNATING THOSE FILERS AS "LOCAL AGENCY OFFICIALS" FOR PURPOSES OF AB 1234, THEREBY REQUIRING THEM TO PARTICIPATE IN MANDATED ETHICS TRAINING (City Clerk and City Attorney) Staff recommendation: Council place the ordinance on first reading and adopt the resolution. 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. 9. CONSIDERATION OF AMENDMENTS TO THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 207 ACRES OF LAND IN THE EASTERN URBAN CENTER OF THE OTAY RANCH PLANNED COMMUNITY (Assistant City Manager/Director of Development Services) Staff recommendation: Council conduct the public hearing, adopt the following resolution and place the ordinance on first reading. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-13-001) TO EIR 07-O1 AND APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN FOR 207 ACRES OF LAND IN THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH Page 4 ~ Council Agenda htto•//www.chulavistaca.gov March 5, 2013 B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER PLANNED COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN (FORM BASED CODE) FOR 207-ACRES OF LAND IN THE EASTERN URBAN CENTER PORTION OF OTAY RANCH (FIRST READING) 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 City Clerk prior to the meeting. 10. CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) (Animal Care Facilities) Staff recommendation: Council place the following ordinance on first reading: ORDINANCE 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 (FIRST READING) 1 L CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.09 (TRUANCY) (Police Chief) Staff recommendation: Council place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.09 (TRUANCY) TO MODERNIZE AND UPDATE THE ORDINANCE (FIRST READING) 12. CONSIDERATION OF AMENDING CHULA VISTA MUNICIl'AL CODE CHAPTER 1.20 TO CLARIFY THE CITY ATTORNEY'S AUTHORITY AS PRIMARY CRIMINAL PROSECUTOR (City Attorney) Staff recommendation: Council place the following ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 1.20 TO CLARIFY CITY ATTORNEY AUTHORITY AS PRIMARY CRIMINAL PROSECUTOR OF THE MUNICIPAL CODE AS STATED IN THE CITY CHARTER (FIRST READING) OTHER BUSINESS 13. CITY MANAGER'S REPORTS Chula Vista Police Department update. Page 5 Council Agenda htto://www.chulavistacagov March 5, 2013 14. MAYOR'S REPORTS 15. COUNCILMEMBERS' COMMENTS • Councilmember Aguilar: REPORT REGARDING THE POLICE DEPARTMENT'S COMMUNITY ADVISORY COMMITTEE, OPTIONS FOR CITY COUNCIL INVOLVEMENT THEREIN, AND RELATED ISSUES (City Attorney and Police Chief) Staff recommendation: Council consider the report and provide direction to staff. The Police Chief recommends that the Community Advisory Committee continue in its current form. CITY COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING CITY COUNCIL INVOLVEMENT IN THE POLICE DEPARTMENT'S COMMUNITY ADVISORY COMMITTEE, THE CONTINUATION OF OR MODIFICATIONS TO THE CITY COUNCIL PUBLIC SAFETY SUBCOMMITTEE, OR OTHER APPROACH TO COUNCIL INVOLVEMENT WITH PUBLIC SAFETY ISSUES 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 office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 16. A. In the Matter of the Application of San Diego & Electric Company (U902E) for a Permit to Construct the South Bav Substation Relocation Project; California Public Utility Commission; Case No. 10-06-007; and B. Kamal Nona v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2013- 33295-CU-WM-CTL 17. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) One Case 18. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) One Case 19. Approval of Closed Session Minutes for meetings of February 12, 2013 and February 26, 2013. Page 6 ~ Council Agenda http~//www.chulavistaca.~ March 5, 2013 ADJOURNMENT to the next Regular City Council Workshop on Mazch 7, 2013, at 4:00 p.m., and thence to the State of the City Address on March 12, 2013, at 6:00 p.m., both located 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 ice, located in City Hall at 276 Fourth Avenue, Building 700, 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 Offace at (679) 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 httn://www.chulavistaca.gov March 5, 2013