HomeMy WebLinkAbout2013/04/23 Item 01~~q~T
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
March 12, 2013 6:00 p.m.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:10 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk
Norris, and Sr. Deputy City Clerk Bigelow
WELCOMING REMARKS
Deputy Mayor Bensoussan welcomed the audience to the 2013 State of the City Address, and
introduced special guests and dignitaries present at the meeting.
INVOCATION
Deputy Mayor Bensoussan introduced Chaplin Wes Anderson, who offered the invocation.
PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Bensoussan introduced American Legion Post 2111 Commander Anthony
Stewart, who led the Pledge of Allegiance.
NATIONAL ANTHEM
James Pinkney, City of Chula Vista employee in the Public Works Department, performed the
National Anthem.
INTRODUCTION
Deputy Mayor Bensoussan introduced Emily Cox, who introduced Mayor Cox.
STATE OF THE CITY ADDRESS BY MAYOR CHERYL COX
Mayor Cox presented the State of the City Address.
ADJOURNMENT
At 7:03 p.m., the meeting was adjourned to a reception.
~~- c-- v `
Kerry K. Bi ow, Seni Deputy City Clerk
Page 1 ~ Council Minutes ~~ - ~ March 12, 2013
MINUTES OF A REGULAR MEETING OF THE
°~'qFr
CITY COUNCIL OF THE CITY OF CHULA VISTA
Marcb 19, 2013 2:00 p.m.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:08 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California, and
via videoconference from 15965 Meadow King Way, Alpharetta, Georgia 30004.
ROLL CALL
PRESENT: Councilmembers Aguilar (via videoconference), Bensoussan,
Ramirez (left at 7:57 p.m.), Salas and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Googins, City Clerk
Norris, and Senior Deputy City Clerk Bigelow
Mayor Cox announced that Councilmember Aguilar was participating via videoconference and
videoconference and that all votes would betaken by roll call.
City Clerk Norris stated Councilmember Aguilar was participating from the following location:
15965 Meadow King Way, Alpharetta, Georgia 30004.
Councilmember Aguilar stated she complied with all requirements of the Brown Act, including
posting the agenda and assuring public accessibility to the location. She stated no members of the
public were in attendance at her location.
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Bensoussan led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
OATH OF OFFICE
Eric Mosolgo, Growth Management Oversight Commission
City Clerk Norris administered the oath of office to Commissioner Mosolgo, and Deputy Mayor
Bensoussan presented him with a certificate of appointment.
PRESENTATION OF A PROCLAMATION TO STUDENT VETERAN
ORGANIZATION VICE PRESIDENT CRYSTAL HIGGS AND SECRETARY
VINCENT AVILA-WALKER PROCLAIMING THURSDAY, MARCH 21, 2013, AS
SISTERS IN ARMS DAY
Mayor Cox read the proclamation and Councilmember Salas presented it to Ms. Higgs and Mr.
Avila-Walker.
Page 1 ~ Council Minutes ~ ~ ~ ~ March 19, 2013
CONSENT CALENDAR (Items 1-13)
Item 6 was removed from the Consent Calendar at the request of Councilmember Ramirez.
APPROVAL OF MINUTES of Februazy 5, and February 7, 2013.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Memorandum from Councilmember Aguilar requesting an excused absence from the
March 7, 2013 City Council Workshop.
Recommendation: Council excuse the absence.
3. ORDINANCE NO. 3257 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 (SECOND READING AND ADOPTION) (Assistant City Manager/Director of
Development Services)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE NO. 3258 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 (SECOND READING AND
ADOPTION) (Animal Care Facilities Manager)
Staff recommendation: Council adopt the ordinance.
5. ORDINANCE NO. 3259 OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 9.09 (TRUANCY) TO MODERNIZE AND
UPDATE THE ORDINANCE (SECOND READING AND ADOPTION) (Police Chief)
Staff recommendation: Council adopt the ordinance.
6. Item removed from Consent Calendar.
7. ORDINANCE NO. 3261 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 (SECOND READING AND ADOPTION) (City
Clerk and City Attorney)
Staff recommendation: Council adopt the ordinance.
Page 2 Council Minutes ~ ~j -~ March 19, 2013
RESOLUTION NO. 2013-039 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING $250,000 TO THE FIRE DEPARTMENT BUDGET
BASED ON UNANTICIPATED REVENUES (4/STHS VOTE REQUIRED) (Fire
Chief)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2013-040 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $300,000 FROM THE U.S. DEPARTMENT OF HOMELAND
SECURITY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND
FOR OPERATION STONEGARDEN (4/STHS VOTE REQUIRED) (Police Chief)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2013-041 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT #88-2012 BETWEEN THE CITY OF CHULA
VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR CITY POLICE,
FIRE, AND EMERGENCY MEDICAL SERVICES TO BE PROVIDED ON PORT
DISTRICT LANDS WITH PAYMENT FOR THE SERVICES TO THE CITY, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY (Police Chief and Fire Chief)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2013-042 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $625,000 FROM THE U.S. DEPARTMENT OF EDUCATION,
ADDING ONE PEACE OFFICER TO THE AUTHORIZED STAFFING LEVEL OF
THE POLICE GRANT FUND AND APPROPRIATING $36,390 TO THE POLICE
GRANT FUND FOR THE CHULA VISTA PROMISE NEIGHBORHOODS
PROGRAM (4/STHS VOTE REQUIRED) (Police Chief)
Staff recommendation: Council adopt the resolution.
12. HOUSEQG ELEMENT 2012 ANNUAL PROGRESS REPORT (Assistant City
Manager/Director of Development Services)
Staff recommendation: Council accept the report.
13. RESOLUTION NO. 2013-043 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE A DECLARATION
OF COVENANTS, CONDITIONS, AND RESTRICTIONS BY AND BETWEEN THE
CITY OF CHULA VISTA AND MONARCH AT TAVERA, L.P. FOR A RENTAL
HOUSING DEVELOPMENT TO BE LOCATED ON NEIGHBORHOOD R-29 IN
OTAY RANCH VILLAGE 2 IN SATISFACTION OF THE CITY'S BALANCED
COMMUNITIES POLICY (Assistant City Manager/Director of Development Services)
Staff recommendation: Council adopt the resolution.
Page 3 ~ Council Minutes ~~ -J March 19, 2013
ACTION: Mayor Cox moved to approve staffls recommendations and offered Consent
Calendar Items 1 through 5 and 7 through 13, headings read, text waived. Deputy
Mayor Bensoussan seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
ORDINANCE NO. 3260 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 (SECOND READING AND ADOPTION) (City
Attorney)
Staff recommendation: Council adopt the ordinance.
ACTION: Mayor Cox moved to adopt Ordinance No. 3260, heading read, text waived.
Deputy Mayor Bensoussan seconded the motion, and it carried 4-1, with
Councilmember Ramirez opposed.
PUBLIC COMMENTS
The following residents spoke in opposition of the proposed SANDAG South Bay Bus Rapid
Transit (BRT) project:
• JoAnne Springer, Chula Vista resident
• Alex Napoles, Chula Vista resident
• Kathryn O'Brien, Chula Vista resident
Mayor Cox stated the SANDAG South Bay BRT project would be discussed the following week.
Claudia Valenzuela, representing SDG&E, spoke regarding a project in the San Miguel Ranch
area to replace power poles.
PUBLIC HEARINGS
14. Item 14 was noticed as time certain for 5:30 p.m., and was taken out of order following
Closed Session.
15. CONSIDERATION OF THE CITY OF CHULA
REQUESTS AND RECOMMENDATIONS FOR Tl
DEVELOPMENT FEDERAL GRANT PF
DEVELOPMENT BLOCK GRANT, HOME IN
PROGRAM AND EMERGENCY SOLUTIONS
Manager/Director of Development Services)
VISTA 2013/2014 FUNDING
3E HOUSING AND URBAN
.OGRAMS (COMMUNITY
VESTMENT PARTNERSHIP
GRANT) (Assistant City
Staff recommendation: Council conduct the public hearing and provide staff with
changes, if any, in the recommended funding amounts.
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.
Page 4 ~ Council Minutes ~ March 19, 2013
~~'~I
Project Coordinators Davis and Hines presented the 2013/2014 funding requests and
recommendations for the Housing and Urban Development Federal Grant Programs.
Mayor Cox opened the public hearing.
Keiara Auzenne, representing the Center for Employment Opportunities, provided information
on the organization and requested the Council consider granting the full funding requested.
Ben Avey, representing Family Health Centers of San Diego, provided information on the
organization and the two programs funding was requested for.
Joe Zilvinskis, representing the Interfaith Shelter Network, spoke regarding the organization and
programs it provides.
Sarah Cantu, representing Sharp Health Care Foundation, provided information on the Hospital
Emergency Liaison Program.
Keiara Auzenne, representing the Center for Employment Opportunities, provided additional
information on the organization's programs in response to questions from Councilmember Salas.
ACTION: Mayor Cox moved to approve staff's revised funding recommendations as
presented at the meeting. Councilmember Ramirez seconded the motion.
Kathie Lembo, representing South Bay Community Services, provided information on the
program funding requested in response to questions from the Council and spoke in opposition of
CDBG funding being used for City programs.
ACTION: Mayor Cox amended the motion to decrease funding by $5,000 for South Bay
Community Services' Service for At-Risk and Homeless Youth and increase
funding for City of Chula Vista Recreation's Therapeutic Recreation Program &
Classes by $5,000. Councilmember Ramirez seconded the motion, and it carried 5-0.
Ben Avey, representing Family Health Centers of San Diego, provided information about the
need for $45,000 to fund the Rice Elementary Fire Hydrant Project.
Mayor Cox spoke in support of identifying funding for the Rice Elementary Fire Hydrant
Project, through CDBG or other funds.
Councilmember Aguilar spoke in support of funding the rehabilitation of low-income housing
instead of new construction.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
City Manager Sandoval advised the Council he would provide an update on the status of the
Recreation and Library Departments at the meeting of March 26, 2013.
Page 5 Council Minutes ' r , ~ March 1$ 2013
17. MAYOR'S REPORTS
Mayor Cox announced events relating to Earth Week, as well as the Third Avenue Village
Association Village Street Fair, an Old Globe workshop at the Chula Vista Library, and the
Chula Vista Community Fun Run.
18. COUNCILMEMBERS' COMMENTS
Councilmember Ramirez reported on his public office hours on the topic of public safety. He
commended staff on the strategic planning and other programs.
Councilmember Aguilar reported on the recent Chula Vista Gun Buyback event.
Deputy Mayor Bensoussan reported on upcoming events: Breast Cancer workshop, Cesar
Chavez Day of Service, and the Aquatica Chula Vista job fair.
CLOSED SESSION
Mayor Cox announced that the Council would convene in closed session to discuss the items
listed below.
At 4:28 p.m., the Council convened in Closed Session.
19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Carlos Bejar v. City of Chula Vista, San Diego Superior Court, Case No. 37-2007-
0075046-CU-WM-CTL;
B. Carlos Bejar v. City of Chula Vista, et al., United States District Court, Case No. 11-cv-
0431-L(POR); and
C. Eric Harris v. City of Chula Vista, et al., United States District Court, Case No.
09cv2239JAH(POR)
The Council reconvened in open session at 5:31 p.m., with Councilmembers Aguilar (via
videoconference), Bensoussan, Salas, and Mayor Cox present. Councilmember Ramirez arrived
at 5:33 p.m.
Item 14 was noticed as time certain for 5:30 p.m. and was discussed at this time.
14. CONSIDERATION OF 1) APPROVAL OF A TENTATIVE SUBDIVISION MAP
KNOWN AS THE LAKE POINTE PROJECT, CHULA VISTA TRACT NO. 10-02 TO
SUBDIVIDE 12.2 ACRES INTO FOUR LOTS FOR A CONDOMINIUM PROJECT
CONSISTING OF 221 RESIDENTIAL UNITS AND TWO COMMERCIAL
BUILDINGS AND; 2) APPROVAL OF A DESIGN REVIEW PERMIT TO
CONSTRUCT THE MIXED-USE PROJECT (Assistant City Manager/Director of
Development Services)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions.
Page 6 ~ Council Minutes + ~ ~ March 19, 2013
( ~, -'-
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.
Associate Planner Steichen presented staff's recommendation regarding the Lake Pointe Project.
Lance Waite, representing Integral Communities, applicant, presented the changes made to the
proposed project based on Council and community feedback.
Gary London, representing the London Group, presented the findings of a retail analysis report
that was requested by Integral Communities.
Mayor Cox opened the public hearing.
The following members of the public spoke in opposition of staff s recommendation:
• David Danciu, Chula Vista resident
• Jason Rissman, Chula Vista resident
• Peter Watry, Chula Vista resident
• Shirin Silverstein, Chula Vista resident
• Oralia Nabizadeh, Chula Vista resident
• Jay Silverstein, Chula Vista resident
• Barney Reed, Chula Vista resident. Mr. Reed also requested information on the scenic
parkway setback measurement.
• John Noiseaux, Chula Vista resident
The following members of the public spoke in support of staff's recommendation:
• Jay Norris, Chula Vista resident
• Marcy Weaver, representing the Chula Vista Chamber of Commerce
• Scott Vinson, Chula Vista resident
• Kevin O'Neill, Chula Vista resident
• Jerry Rindone, Chula Vista resident
The following members of the public submitted written documentation in support of staff s
recommendation but were not present or declined to speak:
• Jim Lowther
• Tracy Lamb
• Michael Monaco
• Ninia Hammond
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Staff responded to questions and comments of the speakers and Council.
Page 7 Council Minutes March 19, 2013
l ~ -7
ACTION: Deputy Mayor Bensoussan moved to adopt the following Reso]ution No. 2013-
044, heading read, text waived. Councilmember Salas seconded the motion, and it
carried 4-1, with Councilmember Ramirez opposed.
A. RESOLUTION NO. 2013-044 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING TENTATIVE SUBDIVISION MAP (PCS-10-02) TO
SUBDIVIDE A 12.2 ACRE SITE INTO FOUR LOTS CONTAINING A TOTAL OF
221 RESIDENTIAL CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP,
AND TWO COMMERCIAL BUILDINGS LOCATED ON THE NORTH SIDE OF
OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE
ROAD/LAKE CREST DRIVE
ACTION: Deputy Mayor Bensoussan moved to adopt the following Resolution No. 2013-
045, heading read, text waived. Councilmember Salas seconded the motion, and it
carried 3-2, with Councilmembers Aguilar and Ramirez opposed.
B. RESOLUTION NO. 2013-045 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA GRANTING A DESIGN REVIEW PERMIT (DRC 10-19) FOR A PROPOSED
MIXED USE PROJECT CONSISTING OF 221 UNITS AND 15,000 SQUARE FEET
OF RETAIL COMMERCIAL USES ON A 12.2 ACRE SITE LOCATED ON THE
NORTH SIDE OF OLYMPIC PARKWAY BETWEEN OLYMPIC VISTA ROAD,
AND WUESTE ROAD/LAKE CREST DRIVE
ACTION: Deputy Mayor Bensoussan moved to adopt the following Resolution No. 2013-
046, heading read, text waived. Councilmember Salas seconded the motion, and it
carried 4-1, with Councilmember Ramirez opposed.
C. RESOLUTION NO. 2013-046 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
TO POST SECURITY FOR AN AFFORDABLE HOUSING OBLIGATION RELATED
TO LAKE POINTE BETWEEN THE CITY AND OLYMPIC PARKWAY PROJECT,
LLC.
Councilmember Ramirez left the meeting at 7:57 p.m.
ADJOURNMENT
At 8:01 p.m., Mayor Cox adjourned the meeting to the next Regular City Council Meeting on
March 26, 2013, at 2:00 p.m., in the Council Chambers.
~~s~ ~'~ ~•~~~
Kerry K. Bi ow, Seni • Deputy City Clerk
Page S ~ Council Minutes ~ ~ ~ q March 19, 2013