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HomeMy WebLinkAboutcc min 2013/03/05MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 5, 2013 2:00 p.m. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councihnembets Aguilaz, Bensoussan, Ramirez, Salas and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Senior Deputy City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Public Works Specialist Claudia Block led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • INTRODUCTION BY RICK HOPKINS, PUBLIC WORKS DIRECTOR, OF EMPLOYEE OF THE MONTH CLAUDIA BLOCK, PUBLIC WORKS SPECIALIST Public Works Director Hopkins introduced employee of the month, Claudia Block. Mayor Cox read the proclamation and Deputy Mayor Bensoussan presented it to Ms. Block. • PRESENTATION OF A PROCLAMATION DECLARING MARCH 7 THROUGH MARCH 16, 2013 AS MARIACHI WEEK IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation declaring March 7 through March 16, 2013 as Mariachi Week. Councilmember Salas presented it to the Sweetwater Union High School District members and other supporters of Maziachi Week. • PRESENTATION OF THE CHULA VISTA PROMISE NEIGHBORHOOD BY SOUTH BAY COMMUNITY SERVICES PRESIDENT/CEO KATHIE LEMBO AND YOUTH & FAMILY DEVELOPMENT DIRECTOR MAURICIO TORRE Kathie Lembo and Mauricio Tone, representing South Bay Community Services, presented information on the Chula Vista Promise Neighborhood program. Page 1 Council Minutes March 5, 2013 • 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 MULTIPLE SCLEROSIS WEEK IN CHULA VISTA Rachel Chapman, representing the Pacific South Coast Chapter for National Multiple Sclerosis Society, provided information on Multiple Sclerosis. Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Ms. Chapman. • PRESENTATION BY SAN DIEGO COUNTY PROBATION DEPARTMENT CHIEF PROBATION OFFICER MACK JENKINS ON CALIFORNIA'S PUBLIC SAFETY REALIGNMENT PROGRAM This item was noticed as time certain for 3:30 p.m., and was heard following Item 9. CONSENT CALENDAR (Items 1-8) Mayor Cox announced that Item 4 was removed from the Consent Calendar by staff and that Exhibit A for Item 8 was amended and distributed to the Council. 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 3256 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. Item removed from Consent Calendar. Page 2 Council Minutes March 5, 2013 5. A. RESOLUTION NO. 2013-032 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR DEL MAR AVENUE ASSESSMENT DISTRICT 2011-01 (Director of Public Works) B. RESOLUTION NO. 2013-033 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 NO. 2013-034 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 NO. 2013-035 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 of Public Works) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2013-036 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) Page 3 Council Minutes March 5, 2013 Staff recommendation: Council adopt the resolution. 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 NO. 2013-037 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. ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent Calendar Items 1 through 3, 5 through 7, and Item 8 as amended, headings read, text waived. Councilmember Salas seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 of Development Services) Staff recommendation: Council place the ordinance on first reading and adopt the resolution. Mayor Cox announced that Item 4 was pulled by staff and the item would not be considered at that meeting. PUBLIC COMMENTS Luanne Hulsizer, representing the Third Avenue Village Association, provided information on the Taste of Third event. Page 4 Council Minutes March 5, 20]3 Frank McPhillips, Chula Vista resident, requested information about the proposed power substation and the future location of the Chula Vista Elementary School District offices. He also expressed concern with the quality of the pavement of his street. Mayor Cox stated the item would be referred to staff. The following members of the public spoke in opposition of a proposed bridge between Treviana and Monet Streets: • Alex Napoles, Chula Vista resident • Kathryn O'Brien, Chula Vista resident • Gail Nixon, Chula Vista resident PUBLIC HEARINGS 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. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Patricia Ferman, Landscape Planner, presented information about the Eastern Urban Center Sectional Planning Area Amendment. Mayor Cox opened the public hearing. Todd Galameau, representing The Corky McMillin Companies, the applicant, provided additional information about the project and proposed amendments. He stated the project grading was scheduled to start in the next quarter. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember Aguilaz moved to adopt the following Resolution No. 2013-038 and place the following ordinance on first reading, headings read, text waived. Councilmember Salas seconded the motion, and it carried 5-0. A. RESOLUTION NO. 2013-038 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-13-001) TO EIR 07-01 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 5 Council Minutes 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) SPECIAL ORDERS OF THE DAY (Continued) This item scheduled to be heard at 3:30 p.m. and was taken out of order and heard following Item 9. • PRESENTATION BY SAN DIEGO COUNTY PROBATION DEPARTMENT CHIEF PROBATION OFFICER MACK JENKINS ON CALIFORNIA'S PUBLIC SAFETY REALIGNMENT PROGRAM Mack Jenkins, San Diego County Probation Department Chief Probation Officer, provided information on AB109, referred to as "California's Public Safety Realignment Program" and answered related questions from the Council. ACTION ITEMS 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. Deputy City Manager Bacon provided information about the proposed amendment to the Municipal Code regarding barking dogs. ACTION: Councilmember Salas moved to place the following ordinance on first reading, heading read, text waived. Councilmember Aguilar seconded the motion, and it carved 5-0. 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) 11. CONSIDERATION OF AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.09 (TRUANCY) (Police Chief) Staff recommendation: Council place the following ordinance on first reading. Lieutenant Collum provided information on the proposed truancy ordinance, including public input used to develop the amendment and review by the Safety Commission. Page 6 ~ Council Minutes March 5, 2013 Kazla Jensen, Chula Vista resident, spoke in opposition to staff s recommendation on the item. Councilmember Aguilar stated for the record that Lieutenant Collum, who wrote and presented Item 11, was her son. City Attorney Googins stated there was no appazent conflict of interest and that Councilmember Aguilar could participate in discussion and voting on the item if she so chose. ACTION: Councilmember Aguilar moved to place the following ordinance on first reading, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5-0. 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 MUNICIPAL 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. ACTION: Deputy Mayor Bensoussan moved to place the following ordinance on first reading, heading read, text waived. Councilmember Salas seconded the motion, and it carried 4-1, with Councilmember Ramirez opposed. 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. City Manager Sandoval stated that 68% of the City's budget was dedicated to public safety. The Police department budget was 43% of the City budget and police officers' compensation was at 80% of market, compared to 45% of mazket for other City personnel. He thanked the Council for its support of public safety. Chief Bejarano provided an organizational update on the Police department operations. He spoke about the Matrix study that was completed in 2012, with the actual Proactive Patrol Time (PPT) found to be 22% and the recommended PPT was 40%. He spoke about Police patrol staffing, hiring efforts, and internal personnel transfers to increase patrol staffing. Page 7 ~ Council Minutes March 5, 2013 14. This item was taken out of order and addressed after Item ] 5. 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 Councilmember Aguilar discussed the memoranda she distributed to the Council regarding the summary of the Public Safety Subcommittee's activities in 2011-2012 and her proposed options for engaging with the community on public safety issues. Council discussion ensued on the options of engaging with the public regazding public safety issues. There was consensus of the Council to allow the Community Advisory Committee to continue in its current form. ACTION: Councilmember Salas moved to recommend replacing the Public Safety Subcommittee with a workshop format involving the full Council to be held from 6:00 p.m. to 8:00 p.m. Mayor Cox seconded the motion, and it carried 4-1, with Councilmember Aguilar opposed. Item 14 was taken out of order and discussed at this time. 14. MAYOR'S REPORTS Mayor Cox announced the City's upcoming gun buyback event. CLOSED SESSION Mayor Cox announced that the Council would convene in closed session to discuss Items 16 and 191isted below. She stated the Council would not discuss Items 17 and 18. Page 8 Council Minutes March 5, 2013 City Attorney Googins stated that he had recused himself from previous Council decisions and staff processing of Item 16B and would continue to abstain from discussion and providing advice on the item due a potential conflict of interest related to his previous involvement with the matter. He stated he would not participate in Closed Session on the item and that the Council would be advised by Senior Assistant City Attorney Miesfeld. At 8:03 p.m., the Council convened in Closed Session. Pursuant to Resolution No. 13706 and Council Policy No. 396-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 16. A. In the Matter of the Application of San Diego & Electric Company (U902E) for a Permit to Construct the South Bay 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 Februazy 12, 2013 and February 26, 2013. ADJOURNMENT At 9:40 p.m., Mayor Cox adjourned the meeting to the next Regulaz City Council Workshop on March 7, 2013, at 4:00 p.m. i~ ~~ ~ Z Kerry K. Bi el w, Senio4• eputy City Clerk Page 9 Counci] Minutes March 5, 2013