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Home My WebLink Aboutcc min 2015/05/26 sa ha City of Chula Vista Meeting Minutes - Final Tuesday,May 26,2015 5:00 PM Council Chambers 276 4th Avenue,Building A Chula vsta,CA 91910 SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A Regu/ar Meefing of fhe City Council and Special Meetings of the Successor Agency to the Redevelopment Agency and Housing Authonty o( the City o/ Chula Vista were called to oNer at 5:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista. Califomia. ROLL CALL: Present: Councilmember Aguilar, Depury Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas Councilmember Aguilar anived at 5:18 p.m. Also Present: City Manager HalbeR, City Attomey Googins, Assistant Ciry Clerk Bigelow, and Deputy City Clerk Kansas. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Al/egiance. SPECIAL ORDERS OF THE DAY A. 15-0221 PRESENTATION OF A PROCLAMATION TO ASIAN AMERICAN PACIFIC ISLANDER DEMOCRATIC CLUB PRESIDENT MATTHEW YAGYAGAN, PROCLAIMING MAY 2015 AS ASIAN PACIFIC AMERICAN HERITAGE MONTH IN THE CITY OF CHULA VISTA Ma}ror Salas iead the proclamation and Deputy Mayo� Bensoussan presented if to M� Yagyagan and Kirin Macapugay. Ma}ro� Salas announced. pursuanf to AB 23, that she and each Councilmember would �eceive $50for their attendance at this Housing Authority meeting, being held simultaneously with the City Council meeting. CONSENT CALENDAR (Items 1 - 8) City Attomey Googins stated that Councilmembers McCann and Aguilar would abstain from vofing on Item 8A and Mayor Sa/as would abstain from voting on Item 88 due to potentia/ property-2lated conflicts ofinterest. 1. 15-0223 APPROVAL OF MINUTES OF APRIL 21, 23 AND MAY 5, 2015. Recommended Action:Council approve the minutes. Ciryo/Chufa Ysta Paga 1 City Council Meeting Minutes-Final May 26,2015 2. 15-0217 WRITTEN COMMUNICATIONS Memorandum from Councilmember Miesen requesting an excused absence from the May 12, 2015 City Council meeting. Recommended Action:Council excuse the absence. 3. 15-0197 RESOLUTION NO. 2015-105 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND APPROVING AN AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP IN THE AMOUNT OF $96,000 TO PERFORM DISCLOSURE SERVICES IN PREPARATION FOR THE REFUNDING OF SEVERAL EXISTING COMMUNITY FACILITIES DISTRICTS Recommended Action:Council adopt the resolution. 4. 15-0201 RESOLUTION NO. 2015-106 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/2015 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Actlon:Council accept the report and adopt the resolution. 5. 15-0176 RESOLUTION NO. 2015-107 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS GRANT TASK FORCE'S SELECTION OF THE FISCAL YEAR 2015 PERFORMING AND VISUAL ARTS GRANTS RECIPIENTS AND MONETARY GRANT AWARDS TOTALING $82,800 Recommended Action:Council adopt the resolution. 6. 15-0158 RESOLUTION NO. 2015-108 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE POLICE DEPARTMENT TO RECEIVE CANINE TRAINING, KENNELING, AND CERTIFICATION SERVICES FROM MAN K9 Recommended Action:Council adopt the resolution. 7. 15-0198 RESOLUTION NO. 2015-109 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEASE AGREEMENT WITH SAN YSIDRO HEALTH CENTER FOR A PORTION OF A CITY-OWNED BUILDING AND APPURTENANCES LOCATED AT 1800 MAXWELL ROAD AND AMENDING THE FISCAL YEAR 2014-2015 BUDGET FOR PAYMENT OF THE BROKER COMMISSION, RELOCATION COSTS AND MINOR CONSTRUCTION COSTS (4/5 VOTE REQUIRED) Recommended Action:Council adopt the resolution. City o/Chula Ysta Page Y City Council Meeting Minutes -Final May 26,2015 8. 15-0199 CONSIDERATION OF ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS FOR CERTAIN OPEN SPACE DISTRICTS TO BLUE SKIES LANDSCAPE MAINTENANCE, WC. AND AZTEC LANDSCAPING, INC. A. RESOLUTION NO. 2015-110 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND BLUE SKIES LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 1 (OPEN SPACE DISTRICTS 3, 4, 8, ROLLING HILLS RANCH, AND EASTLAKE WOODS AND VISTA) IN THE AMOUNT OF 5320,258, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT B. RESOLUTION NO. 2015-111 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND AZTEC LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 2 (OPEN SPACE DISTRICTS 5, 6, 9, 10, 11, AND 26) IN THE AMOUNT OF 5190,252, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT C. RESOLUTION NO. 2015-112 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND BLUE SKIES LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN BID GROUP 3 (COMMUNITY FACILITIES DISTRICT VILLAGE 11, PHASE 3) IN THE AMOUNT OF 5193,413, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT Approval of the Consent Calendar ACTION: A motion was made by Mayor Salas, seconded by Councilmember McCann, to approve staff's recommendations on the Consent Calendar items, headings read, text�raived.The motion carried by the follovring vote: Items 1 through 7,and 8C: Yes: 5- Aguilar, Bensoussan, McCann,Miesen and Salas No: 0 Abstain: 0 Cily o1 Chula Visfa Page 3 City Council Meedng Minutes-Final May 26,2015 Item SA: Yes: 3- Bensoussan, Miesen and Salas No: 0 Abstain: 2- Aguilar and McCann Item 86: Yes: 4- Aguilar, Bensoussan, McCann and Miesen No: 0 Abstain: 1 - Salas ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There we2 none. PUBLIC HEARINGS 9. 15-0188 CONSIDERATION OF AN AMENDMENT TO CHULA VISTA'S PORTION OF THE 2014 REGIONAL TRANSPORTATION IMPROVEMENTPROGRAM RESOLUTION NO. 2015-113 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2O18/2019 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, REDUCING THE STM383CIP BUDGET BY $200,OOOIN TRANSNET FUNDS AND APPROPRIATING THE EQUIVALENT AMOUNT TO STM361 ($125,000) AND STL394 ($75,000), AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) Notice o/ the heanng was given in accordance with /egal requirements, and the heanng was held on the date and no earlie�than the time specified in the notice. - Mayor Salas opened the public heanng. There being no members of the public who wished to speak, Mayor Salas c/osed Ihe public heanng. ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Resolution No. 2015-113 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan,McCann, Miesen and Salas No: 0 Abstain: 0 City o/Chula Ysta Page 0 City Council Meeting Minutes-Final May 26,2015 10. 15-0206 CONSIDERATION OF AMENDMENTS TO THE CINS GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN, INCLUDING A NEW DEVELOPMENT AGREEMENT INVOLVING PORTIONS OF THE OTAY RANCH FREEWAY COMMERCIAL PLANNING AREA 12 (This item is continued from May 12, 2015.) A. RESOLUTION NO. 2015-114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-12-03) TO FEIR 02-04; APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT ' PLAN TO REFLECT LAND USE AND POLICY CHANGES FOR APPROXIMATELY 35 ACRES WITHIN THE OTAY RANCH PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS, AND TABLES B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, VILLAGE II TOWN CENTER, LLC, AND SUNRANCH CAPITAL PARTNERS, LLC, FOR THE FREEWAY COMMERCIAL NORTH PORTION OF OTAY RANCH PLANNING AREA 12 (FIRST READING) Notice o/ the hearing was given in accoNance with legal requiremenfs, and the heanng was held on the date and no eaAier than the time specified in the notice. Councilmember Miesen stated he would abstain from voting on the item due to a potenfial financial-2lated conBict of inleresL He IeR the dais at 5:25 p.m. Developmenf Services Director Broughton p/nnvided in/ormation on Council-dilected edits to the development ag2ement. He also stated thaf a memorandum had been distnbuted to fhe Council in 2sponse to some of the matters discussed at the meeting ot May 72, 2075. Mayor Salas noted that she had p2viousty opened the public hearing at the meeting o(May 72, 2075. Joanne Spnnger, Chula Vista resident, spoke in opposition to sfaffs recommendation. Nick Lee, representing Baldwin and Sons, spoke regarding fhe pioposed development agreement. City Manager Halbert responded to Mr. Lee's comments. The lollowing members of the public spoke in opposifion to staH's recommendafion: -Emest Jackson, CFiula Vista resident - Bamey Reed, Chula Vista resident, and, in response to a quesfion from Deputy Mayor Bensoussan, stafed he was not a professional traKc engineer -Peter Watry, Chula Vista 2sident -Kathleen Reed, Chula Vista residenf -Mark Livag, Chula Vista/esidenf, and he also distnbuted wntten communicafions to the Council Council discussion ensued. Pnncipal Planne� Power and Planning Manager Batchelde� responded to questions trom the Council. Oeputy Mayor Bensoussan sfated that she had no potential for a financial conFlicf o/ interesf related to the p/ojecl. CHy o/Chula Vsb Page 5 City Council Meeting Minutes-Final May 26,2015 The2 being no other members of the public who wished to speak, Mayor Sa/as c/osed the public heanng. Council discussion confinued on fhe item. In response to questions from Councilmember McCann, Monique Chen, Principal, represenfing Chen Ryan Associates, spoke regarding the t�a�c study performed for the proposed project. In response to questions from Councilmember McCann, Nick Lee, representing Baldwin and Sons, spoke regarding the paRicipation in the community facilities districts related to the proposed project. At the 2quest ol City Attomey Googins, Pnncipal Planner Power, and Planning Manager Batchelder provided information regarding the Cali/omia Environmental Quality Act (CEQA) and the proposed addendum to the Environmental Impact Report (EIR) /or the proposed project, as well as impacts on library and other public services, and traNc City Attomey Googins stated that an addendum to the E/R would be appropriate when there were no new significant impacts created by the project. City Attomey Googins spoke regarding potential amendments to the development agreement, including stipulations for a commitment to build the second hotel, the obligation to make an In Lieu Hotel Payment if the second hotel was not commenced pnor to the issuance o/ the 451st building permif for the residential poRion of the project, secunty for the payment, and implications for failure to make the payment. He also stafed that the City could not pre-commit to providing support for a future hotel, but that a condition could be included in [he development agreement to allow City staff to meet and confer with the developer in the /uture regardmg potential assistance for fhe hote/ and submit a proposa/ to the Council for consideration at that time. He stated that the Council could approve the item with the condition that the development agreement would be amended pnor to the second reading of the ordinance. Nick Lee, representing Baldwin and Sons, confirmed the developer would be in ag�eement with the discussed amendments. In response to questions from Councilmember Aguilar, Pnncipal Planner Power and City Attomey Googins provided in(ormation regarding the length of time an EIR may be used. ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Mayor Salas, that Resolution No. 2015-114 be adopted and the above ordinance be placed on first reading as amended to include stipulations for a commitment to build the second hotel, the obligation to make an In Lieu Hotel Payment if the second hotel was not commenced prior to the issuance of the 451st building permit for the residential portion of the project, security for the payment, and implications for failure to make the payment; and a condiGon in the development agreement to allow City staff and the developer to negotiate in the future regarding potential assistance for the hotel, contingent on Council approval of the agreed upon assistance. The headings were read, text waived. The motion carried by the following vote: Yes: 3- Bensoussan, McCann and Salas No: 1 - Aguilar � Abstain: 1 - Miesen Mayor Salas recessed the meeting at 7:30 p.m. The Council reconvened at 7:42 p.m., with all members present. At the 2quest of Mayor Sa/as, there was consensus o/the Council to discuss Item 12 before Item 11. City o!Chula Vsta Page 6 City Council Meeting Minutes-Final May 26,2015 ACTION ITEMS 12. 15-0215 REPORT ON THE CITY OF CHULA VISTA CULTURAL ARTS WORK PROGRAM Associafe Planner Tessitore-Lopez gave a piesentation on lhe City's Cultural Arts Work Program. AC710N: A motion was made by Depury Mayor Bensoussan, seconded by Mayor Salas, that the report be accepted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann,Miesen and Salas No: 0 Abstain: 0 11. 15-0192 PRESENTATION OF THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 2015/2016 (Continued from May 26, 2015.) RESOLUTION NO. 2015-118 OF THE CITY COUNCIL / NO. 2015-001 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY / NO. 2015-003 HOUSING AUTHORITY OF THE CIN OF CHULA VISTA ACCEPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2015/2016 AS THEIR PROPOSED BUDGETS, RESPECTIVELY, AND SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE BUDGET AND THEIR FINAL CONSIDERATION AND BUDGET ADOPTION Deputy City Manager Kachadoonan and Budget 8 Analysis Manager Aguilar gave a p2sentation on the proposed budget. Administrative Services Manager Beamon gave a presenfation on the proposed budgef !o� the capital impiovement prog2m. Assistant Di2ctor of Finance Davis gave a presentation on the Long-Term Financial Plan. City Attomey Googins provided infoimation on the process required fo adopt the budget. Shauna Stokes, Chula Vista resident, reprasenting the Fnends of the Chula Visfa Library, thanked the Council for its suppoR of the Lib�ary and spoke in support o£ the pioposed addition of the Senior Libranan 1 position. Dave Kaplaq representing the Westem Council o/ Engineers, spoke in opposition to the elimination o7 the Employer-Paid Member ConMbution employee benefit. David Garcias, Chula Vsta resident, rep�esenting SEIU Local 227, fhe Chula Vista Empbyees Association, and the Mid-Managers/Professional Association, spoke in opposition to 2ducing employee benefits. Kim Vander Bie, 2p2senting the Chu/a Vista Employees Association, spoke in opposition to the elimination of the Employer-Paid Member Contnbution employee benefit and in suppoR of cost-o%living increases for employees. Cify o/Chula Ysfa Page 7 City Council Meeting Minutes-Final May 26,2015 Frank Rivera, rep2senting the Mid-Managers/Professional Association, spoke in opposition to fhe reduction of employee benefits and in support of cost-of-living increases for employees. Mayor Sa/as proposed making the Cultural Arts Manager position a full-time position and reducing the Legislative Counse/Fund. Deputy Mayor Bensoussan commended staff on the presentation of the budget document. She spoke in support of Mayor Salas' proposal to make the Cultural ARS Manager a full-time position and reducing the Legislative Counse/ Fund. She recommended investigating seeking membership in the Local Govemment Commission. Councilmember Aguilar spoke in support of explonng vanous ways to invest to optimize retum on the City's investmenfs. Councilmember McCann spoke in support o( restoring services, increasing revenue, and supporting local businesses. Deputy Mayor Bensoussan spoke in support of sta8 giving a presentation on projected budget deficits and potenfia/strategies to address them. The(e was consensus of the Council to continue the item to the meeting of June 2, 2015. Item 12 was discussed following Item f0. CITY MANAGER'S REPORTS City Manager HalbeR congratulated Economic Development Director Crockett on eaming a Masters degree in Public Administration. MAYOR'S REPORTS Mayor Salas reporfed on the lollowing recent events: Smart Growth Coalition meeting on May 74, 2015, the Community Fun Run, and the Fleet Reserve Memonal Day services. 13. 15-0222 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING BOARDS & COMMISSIONS: Gregory Hall, Board of Appeals And Advisors Jose R. Doria, Board of Appeals And Advisors Monica Allan, Commission on Aging Karen Ann Daniels, Cultural Arts Commission Timothy Demarco, Safety Commission Hugo Mora, Resource Conservation Commission ACTION: A motlon was made by Councilmember McCann, seconded by Councilmember Aguilar, that the above appointments be ratified. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Salas No: 0 Abstain: 0 City o/ChWa Vsfa Page 8 City Council Meeting Minutes•Final May 26,2075 COUNCILMEMBERS' COMMENTS Councilmember Miesen spoke 2garding Community Fun Run and the racentty published editorial on a potential Califomia State Universiry campus site in Chula Visfa. Counci/member Aguilar tiianked Mayor Salas for he�outreach efroRS in Mexico. At the request of Counci/member Aguilar, there was consensus o( the Council fo make a 2ferral to staf( fo propose a policy, or propose changes to an ezisting policy, regarding outreach to community members conceming large development and other potenfially crontroversial projects under consideration. Councilmember McCann spoke 2garding the Community Fun Run and fhanked the Ma}ror for attending the Fleef Reserve Memorial service. At the request of Counci/member McCann, there was consensus o! fhe Council to add an item to a fufure agenda to consider working with developers to name some new streets aNer deceased war veferens who had served in Iraq and Af9hanistan. Ma}ror Salas stated the meefing would be adjoumed in memory of Hank Wylie. Mayor Salas announced that the Council would convene in closed session fo discuss the ifem lisfed below. At 9:44 p.m., the Council convened in Cbsed Session. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 14. 15-0205 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: Samuel Escalante, et al. v. City of Chula Vista, WCAB, Case Number ADJ9571086 ACTION: Attion will be reported with the finalization of the settlemenl agreement ADJOURNMENT At f0:07p.m., Mayo� Salas adjoumed the meeting to the Regular Cify Council Meeting on June 2, 2075, at 5:00 p.m., in the Council Chambers. Kerry K. B gelow, A istan� Ciry o7Chula Ysta Pzge 9