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Home My WebLink Aboutcc min 2013/03/19MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 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 be taken 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 Calendaz at the request of Councilmember Ramirez. APPROVAL OF MINUTES of Februazy 5, and Februazy 7, 2013 Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilaz 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 Caze 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 Calendaz. 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 March 19, 2013 8. 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. 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. HOUSING 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 ofDevelopment Services) Staff recommendation Council adopt the resolution. Page 3 Council Minutes March 19, 2013 ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz 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 6. 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 azea 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 VISTA 2013/2014 FUNDING REQUESTS AND RECOMMENDATIONS FOR THE HOUSING AND URBAN DEVELOPMENT FEDERAL GRANT PROGRAMS (COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP PROGRAM AND EMERGENCY SOLUTIONS GRANT) (Assistant City Manager/Director of Development Services) Staff recommendation: Council conduct the public heazing 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 heazing was held on the date and at the time specified in the notice. Page 4 Council Minutes March 19, 2013 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. Keiaza 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. Toe Zilvinskis, representing the Interfaith Shelter Network, spoke regarding the organization and programs it provides. Sazah Cantu, representing Sharp Health Care Foundation, provided information on the Hospital Emergency Liaison Program. Keiaza 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 staffs 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 carved 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 Mazch 26, 2013. Page 5 Council Minutes Mazch 19, 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 Librazy, 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 Aguilaz reported on the recent Chula Vista Gun Buyback event. Deputy Mayor Bensoussan reported on upcoming events: Breast Cancer workshop, Cesaz Chavez Day of Service, and the Aquatics 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 Bejaz v. City of Chula Vista, San Diego Superior Court, Case No. 37-2007- 0075046-CU-WM-CTL; B. Cazlos Bejaz 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 amved at 5:33 p.m. Item 14 was noticed as time certain for 530 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 heazing 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. Gazy 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 • OraliaNabizadeh, 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: • .Tim 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 Mazch 19, 2013 ACTION: Deputy Mayor Bensoussan moved to adopt the following Resolution 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 carved 3-2, with Councilmembers Aguilaz 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 Regulaz City Council Meeting on March 26, 2013, at 2:00 p.m., in the Council Chambers. ~~~ ~lti Kerry K. Bi low, S for Deputy City Clerk Page 8 ~ Council Minutes March 19, 2013