HomeMy WebLinkAboutcc min 2014/06/10 City of Chula Vista
Meeting Minutes
Tuesday,June 10, 2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula�sta, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regular Meeting o/ the City Council of the City o( Chula Vista was called to order at 2:00 p.m. in the
Council Chambers, located in City Hall, 276 FouRh Avenue, Chula Vista, Califomia.
ROLL CALL:
Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez,
Councilmember Salas and Mayor Cox
Councilmember Bensoussan arrived at 2:01 p.m.
Also P2sent: City Manager Sandoval, Senior Assistant City Attomey Miesfeld, Assistant City Clerk
Bigelow, and Deputy City Clerk Kansas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
DeputyMayorAguilarled the Pledge ofAllegiance.
SPECIAL ORDERS OF THE DAY
A. 14-0319 UPDATE ON CITY NOW, THE CITY'S CONTINUOUS IMPROVEMENT
PROGRAM: NEW EMPLOYEE PROCESS
Development Services Department Di2ctor Broughton, Senior Human Resources Analyst Dempste�,
and Risk Manager Enos-Guerrero gave a p2sentation on the recent New Employee Process
improvement program. Administrative Services Manage� Chew and Assistant to the City Manage� Mills
pmvided information regarding the method used to select process impravement reviews.
CONSENT CALENDAR (Items 1 - 7)
Items 7C through 7F were removed from the Consent Calendar. Mayor Cox stated that Deputy Mayor
Aguilar and Councilmember Salas would abstain from voting on items 7C through 7F due to potential
property-ielated conflicts o/interest.
1. 14-0353 APPROVAL OF MINUTES of May 6, and May 13, 2014.
Recommended Action: Council approve the minutes.
1.5 14-0369 ORDINANCE NO. 3311 OF THE CITY OF CHULA VISTA APPROVING
THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY
DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH
VILLAGE 9 (SECOND READING AND ADOPTION)
Recommended Action: Council adopt the ordinance.
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2. 14-0365 ORDINANCE NO. 3312 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA ENERGY CODE, 2013 EDITION
(SECOND READING AND ADOPTION) (This ordinance was introduced
on 11/5/13.)
Recommended Action: Council adopt the ordinance.
3. 14-0341 RESOLUTION NO. 2014-095 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE
EXCLUSiVE NEGOTIATING AGREEMENT BETWEEN THE CITY AND
HOMEFED CORPORATION FOR THE UNIVERSITY PARK AND
INNOVATION DISTRICT
Recommended Action: Council adopt the resolution.
4. 14-0351 RESOLUTION NO. 2014-096 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE FORM OF THE
RE-ASSIGNMENT OF THE MASTER DEVELOPER ON THE MILLENIA
PROJECT PER THE CITY COUNCIL APPROVED DEVELOPMENT
AGREEMENT
Recommended Action: Council adopt the resolution.
5. 14-0323 INVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31,
2014
Recommended Action: Council accept the report.
6. 14-0331 RESOLUTION NO. 2014-097 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ESTABLISHING THE GANN INITIATIVE
APPROPRIATIONS LIMIT FOR THE CIN OF CHULA VISTA FOR
FISCAL YEAR 2014-2015
Recommended Action: Councii adopt the resolution.
7. 14-0320 Items 7A and 7B were adopted with the Consent Calendar; Items 7C
through 7F were removed from the Consent Calendar.
A. RESOLUTION NO. 2014-098 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICTS 1
THROUGH 7, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD
MAINTENANCE DISTRICT
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B. RESOLUTION NO. 2014-099 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SPREAD OF
ASSESSN�NTS; DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR
2014/2015 FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 11, 14,
15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAt� MAIN7ENANCE
DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT
C. RESOLUTION NO. 2014-100 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICT
NO. 8
D. RESOLUTION NO. 2014-101 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SPREAD OF
ASSESSMENTS, DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR
2014/2015 FOR OPEN SPACE DISTRICT NO. 8
E. RESOLUTION NO. 2014-102 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE
MAINTENANCE DISTRICT NO. 10 AND THE TOWN CENTRE
MAINTENANCE DISTRICT
F. RESOLUTION NO. 2014-103 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SPREAD OF
ASSESSMENTS DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR
2014/2015 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 10
AND TOWN CENTRE MAINTENANCE DISTRICT
Recommended Action: Council adopt the resolutions and set the public hearing
for July 6, 2014.
Approval of the Consent Calendar
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Ramirez, to
approve staffs recommendations on Consent Calendar Items 1 through 6, 7A and
76, headings read, text waived.The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
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City Council Meeting Minutes June 10, 2014
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. 14-0320 Items 7A and 7B were adopted with the Consent Calendar; Items 7C
through 7F were removed from the Consent Calendar.
A. RESOLUTION NO. 2014-098 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICTS 1
THROUGH 7, 9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO. 1, AND BAY BOULEVARD
MAINTENANCE DISTRICT
B. RESOLUTION NO. 2014-099 OF THE CITY COUNCIL OF THE
CIIY OF CHULA VISTA APPROVING THE SPREAD OF
ASSESSMENTS; DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR
2014/2015 FOR OPEN SPACE DISTRICTS 1 THROUGH 7, 9, 11, 14,
15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAI� MAINTENANCE
DISTRICT NO. 1, AND BAY BOULEVARD MAINTENANCE DISTRICT
C. RESOLUTION NO 2014-100 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE DISTRICT
NO. 8
D. RESOLUTION NO. 2014-101 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SPREAD OF
ASSESSMENTS, DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENTS, AND SETfING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS FOR THE FISCAC YEAR
2014/2015 FOR OPEN SPACE DISTRICT NO. 8
E. RESOLUTION NO. 2014-102 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2014/2015 FOR OPEN SPACE
MAINTENANCE DISTRICT NO. 10 AND THE TOWN CENTRE
MAINTENANCE DISTRICT
F. RESOLUTION NO. 2014-103 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SPREAD OF
ASSESSMENTS DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS FOR THE FISCAL YEAR
2014/2015 FOR OPEN SPACE MAINTENANCE DISTRICT NO. 10
AND TOWN CENTRE MAINTENANCE DISTRICT
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City Council Meeting Minutes June 10, 2014
Councilmembers Aguilar and Salas abstained fram voting on Items 7C through 7F due to potential
property-ielated conflicts of interest.
ACTION: A motion was made by Councilmember Ramirez, seconded by Mayor Cox, that
Resolution Nos. 2074-100, 2014101, 2014-102, and 2014103(Items 7C through
7F) be adopted, headings read, te�ct waived. The motion canied by the following
vote:
Yes: 3- Bensoussan, Ramirez and Cox
No: 0
Abstain: 2- Aguilar and Salas
PUBLIC COMMENTS
Dave Kaplan and Muna Cuthbert, representing the Westem Council o/ Engineers (WCEJ, spoke in
support o( additional (unds being used toward employee compensation in the fiscal year 2074/2015
budget.
PUBLIC HEARINGS
8. 14-0094 CONSIDERATION OF UPHOLDING THE DECISION OF THE
HISTORIC PRESERVATION COMMISSION TO NOT AMEND THE
HISTORIC ELIGIBILITY STATUS OF THE SEARS BUILDING
LOCATED AT 565 BROADWAY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA UPHOLDING THE DECISION OF THE HISTORIC
PRESERVATION COMMISSION TO NOT AMEND THE HISTORIC
ELIGIBILITY STATUS OF THE SEARS BUILDING LOCATED AT 565
BROADWAY
Notice of the heanng was given in aocordance with legal requirements, and the heanng was held on the
date and no eaAier than the time specified in ihe no6ce.
Councilmember Bensoussan sfated she would abstain from participation and voting on Item 8 due to a
potential6usiness-related conFlict of interest. She leR the dais at 2:33 p.m.
Associate Planner Tessitore-Lopez gave a presentation regarding the item.
Mayor Cox opened the hearing.
Ivor Sampson, 2presenting Sears, gave a p�esentation and spoke in opposition to staf/'s
2commendation.
There being no other members of the public who wished to speak, Mayor Cox Gosed the public hearing.
Deputy City Attomey Shi2y and Shannon Davis, architectural histonan, representing ASM, piovided
additional informa[ion 2garding the item. Ms. Davis spoke 2garding Sears' 26utta1 and the
recommendation for the histonc eligibility status o/the Sears building.
In response to a question Irom Councilmember Salas, David Marshall ol Heritage Architecture,
2presenting Sears, stated that the Chula Visfa Sears building design was not unique and that similar
designs were used for other Sears buildings during the timeframe o( the Chula Vista building's
construction.
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In response to a question from Deputy Mayor Aguilar, Ms. Davis stated that there was not a lega/
definition ol the term "master architect," which was used in the proposed resoluGon to descnbe Stiles
Clements, the architect assocrated with the building's ongmal design.
In response to a question from Deputy Mayor Aguilar. Deputy City Attomey Shirey stated that the
Council's decison should be based on judgment, not on legal findings.
In response to a question from Mayor Cox, Principal Planner Ponseggi provided information regarding
the applicability of CEQA for a property on a histonc elig�bility list or eligible for historic preservation.
In response to a question from Mayor Cox, Associate Planner Tessito2-Lopez provided information
regarding the histonc eligibility cntena.
At the request of Mayor Cox. Associate Planner Tessitore-Lopez stated that final minutes of the Histonc
Preservation Commission would be provided to Sears, and that the draR minutes previously provided
were approved by the Commission without changes.
Mr. Sampson restated legal errors that Sears asserted were made by the Historic Preservation
Commission.
At the iequest o( Mayor Cox, there was consensus o! the Council to request that the City Attomey
provide a revised resolution /or Council consideration that would remove the Sears building from the
historic eligibility list.
9. 14-0272 CONSIDERATION OF AMENDING CHAPTER 9.13 OF THE CHULA
VISTA MUNICIPAL CODE RELATED TO THE REGULATION OF
SEXUALLY ORIENTED BUSINESSES
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE
LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY
ORIENTED BUSINESSES (FIRST READING)
Notice o/ the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the noGCe.
Mayor Cox opened the public heanng and continued the heanng to the City Counal meeting of July 8,
2014.
10. 14-0273 CONSIDERATION OF AMENDING TITLE 19 OF THE CHULA VISTA
MUNICIPAL CODE RELATED TO LOCATIONAL AND ZONING
PROVISIONS FOR REGULATION OF SEXUALLY ORIENTED
BUSINESSES
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 19
OF THE CHULA VISTA MUNICIPAL CODE REGULATING PLANNING
AND ZONING (FIRST READING)
Notice of the heanng was given in accordance with legal requirements, and the hearing was held on the
date and no eadier than the time specified in the notice.
Mayor Cox opened the publ�c hearing and conlinued the hearing to the City Council meeting of July 8,
2014.
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City Council Meeting Minutes June 10, 2014
CITY MANAGER'S REPORTS
City Manager Sandoval announced the 2ceipt of $7 million hom the OYay Land Company, which would
be used fo further development of [he future university site in Chula Vista. He also distributed a 2poR o/
the status of past referrals made by the Council to sta(f.
MAYOR'S REPORTS
11. 14-0361 RATIFICATION OF APPOINTMENT OF MELISSA BALDWIN AND
CRYSTAL ALONSO TO THE CULTURAL ARTS COMMISSION
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan,
that the above appointments be retified. The motion carried by the following
vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Absiain: 0
COUNCILMEMBERS' COMMENTS
Deputy MayorAguilar spoke 2garding the futu2 0(the Olympic Training Center.
Councilmem6er Bensoussan announced the upcoming Chula Vista HarborFest on August 16, 2014.
Councilmember Rami2z 2ported on the outcome of the recent Intemational Friendship Games and
thanked sponsors and participants.
Mayor Cox announced the Chula Vista Community Padres series at Petc�o Park.
Mayor Cox announced that the Council would convene in Gased session to discuss the items listed
below.
Mayor Cox recessed the meeting at 4:05 p.m. The Council ieconvened in Closed Session at 4:07 p.m.,
with all members present.
CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during Ciosed Sessions are maintained by the City Attorney.
12. 14-0364 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
California Policy Center v. City of Chula Vista, San Diego Superior
Court, Case Number 37-2014-00016061-CU-WM-CTL
ACTION: No reportable action.
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13. 14-0366 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9 (b)
One Case
ACTION: No reportable action.
ADJOURNMENT
At 4:25 p.m., Mayor Cox adjoumed the meeting to the Regu/ar City Council Meeting on June 17, 2014,
at 2:00 p.m., in the Council Chambers.
/
Kerry K. igelo , Assistant City Clerk
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