HomeMy WebLinkAboutcc min 2016/02/02 City of Chula Vista
Meeting Minutes - Final
Tuesday, February 2, 2016 5:00 PM Council Chambers
276 Fourth Avenue, Bldg.A
Chula Ysta,CA 97910
Teleconferencing location:
1152 Alcyon Place,Uniondale,NY 1�553
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regu/ar Meeting o/ the Cify Council o/ the City o! Chula Vista was called to order at 5:04 p.m. in the
Council Chambers, localed in City Hall, 276 Fourth Avenue, Chula Visfa, Calilomia.
ROLL CALL:
Present: Councilmember Aguilar, Councilmember Bensoussan, Councilmember McCann,
Depury Mayor Miesen and Mayor Casillas Salas
City Clerk Norris announced thaf Councilmember Aguilar was participating via videoconference f/om the
following location: 7152 Alcyon Place, Uniondale, NY 7 7553; and thal all votes would be taken by roll
call.
Councilmember Aguilar stated she cbmplied with all requi2ments of the Brown Act, including posting the
agenda and assunng public accessibiliry to the locabon. She stafed no members of the public we2
present at her locafion.
Also PresenY. City Manage� Ha/bert, City Attomey Googins, City Cleric Nol»s, and Assistant City Gedc
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Bensoussan led the Pledge o/Allegiance.
CONSENT CALENDAR (Items 1 -4)
1. 16-0060 APPROVAL OF MINUTES of January 26, 2016.
Recommended Action:Council approve the minutes.
2. 16-0059 ORDINANCE NO. 3362 OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 19.02 OF THE CHULA VISTA MUNICIPAL CODE TO
AFFIRM PERMISSIVE ZONING PRINCIPLES AND TO CLARIFY THAT
USES PROHIBITED ELSEWHERE IN THE MUNICIPAL CODE ARE
ALSO PROHIBITED LAND USES (SECOND READING AND
ADOPTION)
Recommended Action: Council adopt the ordinance.
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City Council Meeting Minutes-Final February 2,2016
3. 16-0058 ORDINANCE NO. 3363 OF THE CITY OF CHULA VISTA AMENDING
MUNICIPAL CODE SECTION 20.04.50 - "BUSINESS RESOURCE AND
ENERGY EVALUATIONS," STREAMLINING BUSINESSES'
REQUIREMENTS FOR PARTICIPATION IN RESOURCE AND
ENERGY EVALUATIONS (SECOND READING AND ADOPTION)
Recommended Action:Council adopt the ordinance.
4. 16-0049 RESOLUTION NO. 2016-011 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A GRANT APPLICATION FROM THE
CITY OF CHULA VISTA TO THE UNITED STATES DEPARTMENT OF
TRANSPORTATION FOR "BEYOND TRAFFIC: THE SMART CITY
CHALLENGE"
Recommended Action:Council adopt the resolution.
Approval of the Consent Calendar
ACTION: A motion was made by Councilmember McCann, seconded by Councilmember
Bensoussan, to approve staffs recommendations on the above Consent
Calendar items, headings read, text waived. The motion carried by the following
vote:
Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
' There were none.
PUBLIC COMMENTS
There were none.
PUBLIC HEARINGS
5. 15-0683 CONSIDERATION OF AN APPEAL OF THE PLANNING
COMMISSION'S DECISION REGARDING DESIGN REVIEW PERMIT
DR 15-003
RESOLUTION NO. 2016-012 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION DECISION GRANTING APPROVAL OF
DR15-0003 FOR AN 87-UNIT MULTI-FAMILY RESIDENTIAL
PROJECT AT 701 "D" STREET
Deputy Mayor Miesen stated he would abstain from pa�ticipating and voting on the item due to a
pofential conFlict of interest related to a business entity in which he had a financial inferesL He lek the
dais at 5:09 p.m.
Notice o/ fhe hearing was given in accordance with legal requirements, and the heanng was held on the
date and no earlier than the time specffied in the notice.
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City Council Meeting Minutes -Final February 2,2016
Associate Planner Sleichen gave a presenta[ion on the item.
Mayor Casillas Salas stated that the Council would be required to disclose ex-parte communications due
to the quasiyudicial nafu/e of the item.
Mayor Casillas Salas stated she had visited the project site. She also sfated that she had a meeting with
Laura Hunter ol (he Environmental Healtb Coalition who provided her the Environmental Health
Perspecfives study, Vol. 724, No. 2, dated February 2016, which would be provided to the City Clerk.
Councilmember Bensoussan stated she had also received the study, Enviionmenta/ Hea/th Perspectives
sfudy and had provided if to the City Clerk to be included in the record, along with some other
documenfs she laceived from the Environmenfal Health Coalition. She stated she spoke with the
representative o/the pioject She said she was very familia�with the site and had nof visited it iecently.
Councilmember McCann sfated he independently visited the site. He said he had read the email from
the Environmental Heallh Coalifion and had spoken with the applicant o/the project.
In iesponse fo a question from Councilmember Aguila�, City Attomey Googins stated he had advised the
Council to disclose ex-parte communirations related to the item to ensu2 due process.
Councilmember Aguilar stated she met with the appellant, Mr. Spooner, at the site. She said she met
with the applicant, Mc Gerber, in her office, and had a phone conversation with Laura Hunter of the
Environmental Healfh Coalition.
Development Services Director Broughfon provided inlormation on the findings made by the Planning
Commission.
Ma}ror Casillas Salas opened the public heanng.
Dean Spooner, appellant, E/ Cajon iesident, spoke in opposition to staffs recommendation. He spoke in
support o/maximizing parkin9 on D Streef and ensunng a safe entrance and exit to the pmject.
Jose Zepeda, Chula Vista�esidenl, submitted a request, but declined to speak.
Laura Hunter, representing the Environmental Hea/fh Coalition, spoke in opposition to sfaffs
iecommendation.
Lisa Cohen, representing the Chula Visfa Chamber o/ Comme/ce, spoke in suppoR of staffs
recommendafion.
Planning Manager Batchelder responded to questions from the Council.
Valode Thompson, Consu/tant, repiesenting Scientfic Resources Associated (SR.4), answe2d
quesfions lrom the Council regarding the hea/th risk assessment.
Planning Manager Batchelder, City Manager Halbert, and Directo� o! Deve/opment Services Bmughton
2sponded to additional questions from the Council.
Andy Gerber, rapresenting City Ventures, consultant to the applicant, responded to questions fmm the
Council 2garding the filters that would be used for the projecPs ventilation sysfems.
Bill Maddux, rep�esenting Recon Envimnmental, consultant to the applicanf, p�ovided addifional
information regarding the health nsk assessment that was performed.
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City Council Mee�ng Minutes-Final February 2,2016
Mr. Gerber responded to questions/mm the Council regarding potential changes to the project design.
S[afl responded to additional questions from the Council regarding the proposed project.
At the 2quest of Councilmember Bensoussan, there was consensus of a majority of the Council to
direct sfaH to review cuirent health nsk standards and policies to determine if better methods existed for
assessing, understanding, and mitigating potential nsks for future projects.
Mayor Casillas Sa/as closed the public heanng.
Ciry Attomey Googins recommended that the proposed resolufion be amended to include a finding that
the project met the requirements of the City's land use policies and the Design Review Manual.
ACTION: A motion was made by Councilmember McCann, seconded by Mayor Casillas
Salas, that Resolution No. 2016-012 be adopted, as amended to include the
finding that the project met the requirements of tne City's land use policies and
the Design Review Manual. The heading was read, text waived. The mofion
carried by the following vote:
Yes: 4- Aguilar, Bensoussan, McCann and Casillas Salas
No: 0
Abstain: 1 - Miesen
CITY MANAGER'S REPORTS
There were none.
MAYOR'S REPORTS
Mayor Casillas Salas spoke regarding the lollowing events: opening o/ the new Bikeway Village in
Impenal Beach, the groundbreaking of the Crown Point Development prqect, the opening of [he
Hentage Museum exhibit on the anniversary of the Great Flood of 1976, and Olympic View Elementary -
School's 20th anniversary celebration. She a/so spoke regarding the One for All project in the San Diego
area, �elafed fo addressing mental illness in the homeless community. She spoke regarding a non-profit
services resource fair at Chula Vista High Schoo/. She recognized Public Works staff members for their
work to clean up downed trees and b�anches following the recent storm.
Deputy Mayor Miesen retumed to the dais af 6:39 p.m.
COUNCILMEMBERS' COMMENTS
Deputy Mayor Miesen and Mayor Casillas Salas spoke regaNing the recenf homeless count event.
Councilmember McCann spoke regarding the Olympic View Elementary School's 20th anniversary. He
a/so announced the upcoming Go Red/or Women event to support heaR disease and st�oke.
Councilmember Bensoussan spoke regarding the recently opened restaurant, 277 Cocina Artesanal.
Chefs Rodngo Martinez and Dante Fenero, rePresenting 277 Cocina Artesanal, spoke regarding the
restaurant and upcommg event.
Councilmember Bensoussan announced the upcoming opening o/ fhe Civic Center Library auditorium
renovation.
At the request of Councilmember Bensoussan, there was consensus o/ lhe Council to add an item ro the
next Council agenda to consider Ciry endorsement o/the Community Opus P(oject event, Viva Musica.
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City Council Meeting Minutes-Final February 2,2016
Councilmember Aguilar thanked the Council for allowing her to paRicipate remotey. She spoke in
support of Councilmember Bensoussan's ieferral to staR to 2view policies relafed to the health impacts
of fu[ure projects.
City Attomey Googins announced that the Council would convene in closed session to discuss the items
lisfed below. He staled Deputy Ma}ro� Miesen would abstain from participation on Item 6A, since he had
been appointed fo the Council and the matter was ielated to the appointment process.
At 6:57 p.m., the Council convened in C/osed Session with Councilmembers Bensoussan and McCann,
and Mayor Casillas Salas present.
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.
6. 16-0061 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (d)(1)
Names of cases:
(A) Chris Shilling, et al. v. City of Chula Vista, et al., San Diego
Superior Court, Case No. 37-2015-00006097-CU-MC-CTL;
(B) Diamantina Mackedsy v. City of Chula Vista, San Diego Superior
Court, Case No. 37-2015-00007251, CU-PO-CTL
ACTION: Item 6A: No reportable action.
Item 6B: Reportable action is pending the finalization of the settlement
ADJOURNMENT
Al 7:55 p.m., Ma}ror Casil/as Salas adjoumed [he meeting fo the Specia/ City Council Meeling on
Febivary 4, 2076, at 4:00 p.m., in !he Executive Conference Room, Building A; and thence to the
Regular City Council Meeting on Febniary 9, 2076, at 5:00 p.m., in the Council Chambers.
/
Kerry K. B�q low, As tant City Clerk
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