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HomeMy WebLinkAboutcc min 2005/12/13 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 13, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:22 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Guy Chambers, Board of Ethics Michael German, Board of Ethics Dr. Chris Searles, Board of Ethics Jerome Sandoval, Child Care Commission City Clerk Bigelow administered the oaths of office, and Deputy Mayor McCann presented each with a certificate of appointment. . INTRODUCTION BY GENERAL SERVICES DIRECTOR GRIFFIN, AND ANIMAL CARE FACILITY MANAGER DR. YORK, OF ANIMAL CONTROL OFFICERS JUAN ESTRADA, MATT TSUNODA, MICHAEL SMITH, JAIME VALLES, CLAUDIA JIMENEZ, AND ARTURO CUEVAS SPORTING THE NEW ANIMAL CONTROL OFFICER UNIFORMS AND BADGES General Services Director Griffin introduced the new Animal Control Officers, and Dr. York spoke of the success of the City's animal adoption program. . INTRODUCTION BY POLICE CHIEF EMERSON OF NEWLY PROMOTED AGENTS, JOHN ENGLISH, TIM KAHL, DAVID MARSHALL, DAVID OYOS, AND BRIAN STEVENS Police Chief Emerson introduced the newly promoted agents and presented each with their badge. CONSENT CALENDAR (Items lA through 9) Finance Director Kachadoorian provided clarification on Item No.3. With regard to Item No.3, Councilmember Rindone stated that he does not have a conflict per the City Attorney. lA. WRITTEN COMMUNICATION Memorandum requesting an excused absence from Deputy Mayor McCann from the Special Council Meeting of December 9, 2005. Staff recommendation: Council excuse the absence. I. ORDINANCE NO. 3029, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54, RELATING TO THE DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (SECOND READING) The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988. Since its inception, the program has been updated several times to reflect new land use approvals, proposed changes to the General Plan, and updated project cost estimates. Adoption of this ordinance will amend the Municipal Code to increase the development impact fee (per equivalent dwelling unit) to finance transportation facilities within the City. The ordinance was introduced May 10, 2005. (City Engineer) Staff Recommendation: Council adopt the ordinance. 2. REPORT REGARDING THE DEVELOPMENT IMPACT FEE (DIF), PARK ACQUISITION AND DEVELOPMENT (PAD) FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2005 State Government Code Section 66000 requires local agencies assessing development impact fees and sewer capacity charges to make available specified financial data to the public each fiscal year. (Finance Director) Staff recommendation: Council accept the report. 3. RESOLUTION NO. 2005-411, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INe. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) OF $3,174,736 FOR THE SERVICES REQUIRED TO DESIGN AND CONSTRUCT UPGRADES AND REPLACEMENTS TO THE NATURE CENTER INTERIOR EXHIBITS (NATURE CENTER GALLERIA REMODEL) CAPITAL IMPROVEMENT PROJECT, GG175, AMENDING THE DATE OF SUBSTANTIAL AND FINAL COMPLETION, ASCERTAINING PREVAILING WAGE, AUTHORIZING AN INTER-FUND LOAN AND APPROPRIATING ADDITIONAL FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 2 - Council Minutes http://www .chulavistaca.gov December 13, 2005 CONSENT CALENDAR (continued) The City Council previously approved a design-build agreement with Rudolph and Sletten, Inc. for the provision of services necessary to design and construct upgrades and replacements for the Nature Center Galleria remodel and the first amendment to the agreement to incorporate additional design services. The project is nearing the end of the design phase and is ready to start the construction phase. Adoption of the resolution approves the second amendment to the agreement; amends the date of substantial and final completion, ascertains prevailing wage and appropriates additional funds therefor. (General Services Director) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION NO. 2005-412, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CHANGING THE CLASSIFICATION TITLE OF ANIMAL SERVICES SPECIALIST TO ANIMAL ADOPTION COUNSELOR B. RESOLUTION NO. 2005-413, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 GENERAL SERVICES ANIMAL CARE FACILITY BUDGET BY DELETING A .5 VETERINARIAN POSITION AND ADDING A .75 ANIMAL ADOPTION COUNSELOR POSITION, RECLASSIFYING AN ANIMAL CONTROL OFFICER POSITION TO A SENIOR ANIMAL CONTROL OFFICER AND AN ANIMAL CARE ASSISTANT POSITION TO SENIOR ANIMAL CARE ASSISTANT Adoption of the resolution supports strategic goal seven (advance responsible pet ownership) of the General Services Strategic Plan by reducing the number of animals that come into the animal care facility and placing adoptable animals. (General Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-414, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $1,344 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The animal care facility has received various donations totaling $1,344. Adoption of the resolution allows the donations to be used to purchase kennel and medical supplies for the facility. (General Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-415, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 BUDGET AND APPROPRIATING $60,745 FROM THE PUBLIC FACILITIES DEVELOPMENT IMP ACT FEES FUND AND A WARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $60,745 FOR ONE AERIAL LIFT TRUCK TO AL TEC INDUSTRIES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY OF SAN DIEGO BID (4/5THS VOTE REQUIRED) Page 3 - Council Minutes http://www.chulavistaca.gov December 13,2005 CONSENT CALENDAR (continued) The General Services Department proposes to amend the Fiscal Year 2005/2006 budget to purchase an aerial lift truck for the construction and repair division. The aerial lift is needed to maintain new recreation and park facilities. (General Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-416, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH PCL CONSTRUCTION SERVICES, INe. FOR THE DESIGN AND CONSTRUCTION OF A 31,129 SQUARE-FOOT LIBRARY, LOCATED IN THE RANCHO DEL REY COMMUNITY NEIGHBORHOOD OF THE CITY OF CHULA VISTA, AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT The Council previously approved a capital improvement project for the construction of the Rancho Del Rey Library (CIP No. LB124) that conceptually designed and provided for the construction of a completed and fully functional 31,129 square-foot library. On June 29, 2005 a request for proposals was issued to seven design-build firms for the project. Adoption of the resolution approves an agreement with PCL Construction. (General Services Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2005-417, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $80,375 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2005/2006, 11 TH CYCLE (4/5THS VOTE REQUIRED) The California Used Oil Enhancement Act (1999) requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California ITom oil manufacturers. Chu1a Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board use a portion of the funds to provide block grants to local govemments for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach and National City. (General Services Director) Staff recommendation: Council adopt the resolution. 9 A. RESOLUTION NO. 2005-418, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $5,102 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Page 4 - Council Minutes http://www.chulavistaca.gov December 13, 2005 CONSENT CALENDAR (continued) B. RESOLUTION NO. 2005-419, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOUR, AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $5,102 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) C. RESOLUTION NO. 2005-420, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,664 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) D. RESOLUTION NO. 2005-421, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,422 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) E. RESOLUTION NO. 2005-422, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT HILLTOP, CHULA VISTA, RANCHO DEL REY AND CASTLE PARK MIDDLE SCHOOLS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Hilltop Middle School, Castle Park Middle School, and Chula Vista Middle School have been awarded a state grant for the provision of additional before and after school programming hours. The schools have asked the Recreation Department to provide these services via memoranda of understanding. These hours are in addition to the existing after-school hours provided by the Recreation Department to the schools. Adoption of the resolution approves the memoranda and authorizes the Mayor to execute them. (Recreation Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. Page 5 - Council Minutes http://www .chulavistaca.gov December] 3,2005 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Rudy Ramirez stated that the Council should urge candidates applying for appointment to the vacant Council seat to pledge not to run in the June election. Peter Watry stated that Councilmember Davis' successor should be chosen by the public, and the appointed person should not run for election. Paula Perry requested that the Council appoint a non-political candidate for the interim term and not someone who would use the position to run as an incumbent candidate. PUBLIC HEARING 10. CONSIDERATION OF ADOPTION OF RESOLUTIONS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (ErR 05-01) FOR THE PROPOSED GENERAL PLAN; APPROVING THE CITY'S COMPREHENSIVE GENERAL PLAN UPDATE (GPU) AND RELATED OTAY RANCH GENERAL DEVELOPMENT PLAN, RESOURCE MANAGEMENT PLAN, AND THE CITY'S MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AMENDMENTS In April 2002, the City hosted a "town hall" meeting at Chula Vista High School to kick off the City's comprehensive General Plan Update (GPU) effort. This was the first in a series of six such town hall meetings, as well as over 70 citizen committee meetings, spanning a four-year period to gather and digest the thousands of public comments from all segments of the community, and other technical inputs, in preparing the updated year 2030 vision for ChuIa Vista that is reflected in the proposed General Plan Update documents. Accompanying the GPU are proposed amendments to the Otay Ranch General Development Plan (GDP), Otay Ranch Resource Management Plan (RMP), and the City's Multiple Species Conservation Program (MSCP) Subarea Plan that correspond with the land use and transportation proposals in the GPU for the Otay Ranch area, and assure that the GDP and the RMP amendments are in keeping with the MSCP. In accordance with the requirements of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (FEIR) was prepared to analyze the environmental impacts of the proposed General Plan Update and related actions. CEQA Findings of Fact, and a Mitigation Monitoring and Reporting Program (MMRP), have been prepared that reflect the conclusions of the Final ErR. The Final ErR also contains comments and responses to the comments received during the public review period. (Planning and Building Director) Page 6 - Council Minutes http://www.chulavistaca.gov December 13, 2005 PUBLIC HEARING (Continued) 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. Mayor Padilla opened the public hearing. He noted a memorandum received by the Council from the City Manager regarding a portion of staffs presentation. There is an amendment to language in section 7.2 under urban design and form, and there are a number of correspondences from individuals that have been submitted and received by the City Clerk and which are included in the public record. Planning and Building Director Sandoval provided introductory remarks. Advance Planning Manager Batchelder provided a an overview of the staff report and document package. At 7:02 p.m., Councilmember Rindone stated that he would abstain from participation on the Downtown Third A venue District due to the proximity of his residence to the area. He then left the Chambers. Advanced Planning Manager Batchelder provided an overview of the Downtown Third Avenue District and responded to questions of the Council. At 7:05 p.m., upon conclusion of that portion of the presentation, Councilmember Rindone returned to the dais. At 7:06 p.m., Councilmember Castaneda stated that he would abstain from participation on the H Street Corridor District due to the-.employment activities of a family member regarding which he was awaiting receipt of a Fair Political Practices Commission opinion. He then left the Chambers. Advanced Planning Manager Batchelder provided an overview of the H Street Corridor District. Mayor Padilla referenced correspondence from Mr. Googins regarding a request for expansion of the existing limited industrial land use designation for approximately 60 acres of land located south of Main Street under consolidated trusteeship. He inquired, recognizing staffs concerns with regards to the open-space designation, the floating community park designation and the abutting, perhaps sensitive habitat in the Otay Valley Regional Park, as to whether it was possible that the acreage size of this site alone could allow enough flexibility, given the historic land uses there, to accomplish an increase of the industrial designation to some degree further south while still retaining the community park designation in terms of design and siting, as well providing an appropriate buffer. Advanced Planning Manager Batchelder responded affirmatively, given the amount of information currently available to staff. At 7:19 p.m., upon conclusion of that portion of the presentation, Councilmember Castaneda returned to the dais. Advanced Planning Manager Batchelder continued with the presentation, covering the Land Use Concept. Page 7 - Council Minutes http://www .chulavistaca. gOY December 13, 2005 PUBLIC HEARING (Continued) Principal Planner Rosaler provided an overview of amendments that were happening concurrently with the Otay Ranch General Development Plan, including creating a transit village in Village 2, establishing the town centers in Villages 8 and 9, designating on the map itself the boundaries of the university and regional technology park, establishing the 70-acre community park, changing the existing transit line from trolley to the BRT and expanding it out to the other villages, adding the active recreation areas as designated in the General Plan, and retaining the retail commercial and freeway commercial areas of the project. Additionally, several amendments are being made to reflect current practice, such as adjusting the table for the eastern urban center to reduce office uses and increase commercial and residential to reflect current market conditions, as well as establishing the population coefficient at the SPA level. It is also recommended that the annual report requirement be deleted from the general development plan and policy be put in recommending participation in the GMOC, and the boundaries be adjusted on the RMP Preserve Map to reflect the MSCP boundary. Lastly, a proposal was received from one of the major landowners to acquire the balance of the university land. Staff has determined that additional time is needed to analyze the proposal and work with adjacent property owners to come forward with the best plan for the university, regional technology park and town centers. Staff plans to do this and return to the Council within the next 120 days with a report and is, therefore, requesting Council defer approval of Villages 8, 9 and 10 on the General Plan Update and on the general development plan. Principal Planner Bazzel responded to questions of the Council on the Brownfield Airport Land Use Plan. Environmental Project Manager Power provided an overview of the final Environmental Impact Report for consideration and certification. Steve Molski, representing mobile home park residents, expressed concerns with potential relocation and dislocation, urged the Council to limit the maximum height of any building in the City to no more than seven stories, and requested the City secure state or federal funds to fix all the potholes on G and F Streets. John Moot, representing the property owners between Third and Fourth Avenues on H Street, also known as Espanada LLC, asked the Council to approve the preferred plan for the H Street corridor and district focus area without the November 29, 2005 edits. Curt Noland, representing the Otay Land Company and Flat Rock Land Company, spoke in support ofthe plan and staffs recommendations. Paul McNeil, of the London Group, representing Greg Mattson and a group of business owners and stakeholders in Chula Vista 2030, expressed support for west-side revitalization, along with the preferred alternatives with the recent amendments as proposed by staff. Kim Kilkenny, representing the Otay Ranch Company and JPB Development, spoke in support of the amendments to Village 2, staff recommendation on the freeway commercial and the deferral of action for 120 days on Villages 8, 9 and 10. Page 8 - Council Minutes http://www.chulavistaca.gov December 13, 2005 l__~__ PUBLIC HEARING (Continued) Teresa Acerro encouraged the Council to adopt the amendments as recommended by the Planning staff. Bob Crane spoke in support of staffs recommended plan. Terry Thomas, General Plan Update Steering Committee member, spoke in support of the recirculated EIR, the importance of continued public input and the inclusion of environmental justice. Further, she stated that the international flavor needs to be emphasized more in the southwest, the transit focus area element is missing, bus lines need to be supplemented for students, the circulation element needs to be re-vamped, and mid-rise plans will also permit the same density of land if they use form based design to retain the community character. Wayne Raffesberger, attorney representing the Tower Lodge Motel, spoke in support of the proposed change from the preferred plan to mixed use residential on lower Broadway. He then congratulated staff on the General Plan Update and urged the Council to direct staff to bring along, as quickly as possible, the densities and building heights to be allowed to encourage development. Dick Reynolds spoke in favor of mid-rise on H Street from 4 to 7 stories so as not to create a solid wall. Joan Johnson spoke in support of mid-rise. Richard Batterton spoke in support of mid-rise. Laura Hunter, representing the Environmental Health Coalition, spoke in support of staffs recommendation and thanked the Council and staff for inclusion of environmental justice policies. In the future, as we move into the specific planning level and the zoning aspects, the Council will be asked to direct staff to ensure that residences and schools are located a safe distance from freeways and high traffic areas. Dr. Heather Honea, Chair of the San Diego Regional Apollo Alliance, a coalition of labor, community and environmental groups working towards a renewable energy future for the San Diego region, spoke in support of the revised General Plan Update. Peter Watry, representing Crossroads II and Patricia Aguilar, expressed general support of the current version of the General Plan Update and stated that they had two continuing concerns. The GPU map shows La Media crossing the Otay River Valley and connecting with South San Diego, which would offer a toll-free parallel route to SR-125; and the town focus area for southwest Chula Vista has not been determined. He urged the Council to authorize staff to conduct a South Third Avenue corridor study. Earl Jentz spoke in support of the mid-rise alternative for the transit focus area at Third Avenue and H Street. He expressed concern that the issue of the loss of market-rate affordable housing and the potential displacement of thousands of rental households was not addressed, stating that these issues should be resolved before the Urban Core Specific Plan moves forward. Another area of concern is the proliferation of high-rise development either through General Plan amendments or the Specific Study Zone on H Street between Fourth Avenue and Interstate 5. Page 9 - Council Minutes http://www .chuJavistaca.gov December 13,2005 PUBLIC HEARING (Continued) Dave Wood shared Mr. Jentz's concerns regarding the loss of affordable housing, stating that 2300 units of the most affordable housing between E and H Streets and 1-5 and Broadway are proposed to be eliminated, and over 500 of the units are reserved for elders. Affordable housing should be provided for City employees, elders, law enforcement personnel and health care workers. Additionally, he suggested the Council establish an affordable housing taskforce. Chad Blum, representing the San Diego Labor Council, urged the Council to adopt the General Plan Update. Carlos Angeles spoke in support of progress and congratulated the City on its latest developments. The following people submitted slips in support of mid-rise but did not wish to speak: Robert Ross Anthony Klappor Nellie Patterson Laura Villanueva Sandy Duncan Kliche Klopper Louise Olson George Hanak Maria Zadorozny Jerry Scott Jean Kalani Rossrt Corcilius Don Bodie Wendz Hartson Sonny Chandler Joe Kalani Shirley Meror Rodolfo Tanos Frank Best Ron Johnson Donna Chamber The following people submitted comments on speaker slips but did not wish to speak: · Verena Fleming: support mid-rise alternative, wish the study corridor did not exist and that area was also designated mid-rise. · Pandra Boyle: support the mid-rise alternative, still concerned about the H Street study area, would like to see it designated mid-rise also. · Jack Blakely: representing the Chula Vista Downtown Business Area, support the General Plan Update. . Kathryn Radinovsky: support mid-rise, no more than 7 stories. . Scott Vinson: support the General Plan Update · Paula Perry: oppose high rises on the General Plan Update for the west side. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Advanced Planning Manager Batchelder concluded the presentation with staff's recommendations. Page 10 - Council Minutes http://www.chulavistaca.gov December 13, 2005 PUBLIC HEARING (Continued) ACTION: Councilmember Rindone offered Resolution No. 2005-423, heading read, text waived: RESOLUTION NO. 2005-423, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 05-01) FOR THE GENERAL PLAN UPDATE AND RELATED ACTIONS; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried 4-0. ACTION: Deputy Mayor McCann offered Resolution No. 2005-424, heading read, text waived: RESOLUTION NO. 2005-424, RESOLUTION OF THE CITY COUNCIL APPROVING THE CITY'S COMPREHENSIVE GENERAL PLAN UPDATE, WITH THE EXCEPTION OF THE LAND USE MAP AND LAND USE AND TRANSPORTATION ELEMENT PROVISIONS FOR THE DOWNTOWN THIRD A VENUE DISTRICT (SECTION 9.5.1), THE H STREET CORRIDOR DISTRICT AND ITS FOCUS AREAS (SECTIONS 9.5.2, 9.5.3, AND 9.5.4), A PORTION OF THE MAIN STREET DISTRICT AND RELATED LAND USE AND TRANSPORTATION ELEMENT POLICIES LUT 45.1,45.2 AND 45.3 AND THE LAND USE MAP DESIGNATIONS FOR VILLAGES 8, 9, AND 10 OF THE OTAY RANCH AND ASSOCIATED POLICIES; REPEALING THE MONTGOMERY SPECIFIC PLAN, AND AMENDING THE CITY'S MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN The motion carried 4-0 ACTION: Mayor Padilla offered Resolution No. 2005-425, heading read, text waived: RESOLUTION NO. 2005-425, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY'S COMPREHENSIVE GENERAL PLAN UPDATE LAND USE MAP, AND LAND USE AND TRANSPORTATION ELEMENT PROVISIONS FOR THE DOWNTOWN THIRD AVENUE DISTRICT (SECTION 9.5.1) The motion carried 3-0 I, with Councilmember Rindone abstaining. Page 11 - Council Minutes http://www.chulavistaca.gov December 13. 2005 PUBLIC HEARING (Continued) ACTION: Mayor Padilla offered Resolution No. 2005-426, heading read, text waived: RESOLUTION NO. 2005-426, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY'S COMPREHENSIVE GENERAL PLAN UPDATE LAND USE MAP AND LAND USE AND TRANSPORTATION ELEMENT PROVISIONS FOR THE H STREET CORRIDOR DISTRICT AND ITS FOCUS AREAS (SECTIONS 9.5.2, 9.5.3, AND 9.5.4), AND A PORTION OF THE MAIN STREET DISTRICT AND RELATED LAND USE AND TRANSPORTATION ELEMENT POLICIES LUT 45.1,45.2 AND 45.3 The motion carried 3 -0-1, with Councilmember Castaneda abstaining. ACTION: Councilmember Castaneda offered Resolution No. 2005-427, heading read, text waived: RESOLUTION NO. 2005-427, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND RESOURCE MANAGEMENT PLAN The motion carried 4-0. Councilmember Rindone and Deputy Mayor McCann asked staff to provide a full briefing in the future on the SANDAG allocation policies. OTHER BUSINESS II. CITY MANAGER'S REPORTS City Manager Rowland's recommended that the December 20, 2005 meeting be canceled. It was the consensus of the Council to hold the meeting, and Deputy Mayor McCann requested that Jessica's Law be brought forward for discussion at that meeting. 12. MAYOR'S REPORTS Mayor Padilla spoke regarding unintentionally sending the wrong message to an important segment of the community at the recent holiday festival in Memorial Park and offered regrets and apologies to anyone who was offended. He defended the actions of staff, who acted out of an overabundance of caution, and stated that he has requested the City Attorney's office bring forward a solid policy to address the issue in the future. Page 12 - Council Minutes http://www.chulavistaca.gov December 13, 2005 13. COUNCIL COMMENTS Councilmember Rindone congratulated staff on a job well done with regard to the General Plan Update. He encouraged anyone interested in applying for the Council vacancy to submit an application. He then wished all a happy holiday season and encouraged everyone to spend time with families and friends, as well as support those less fortunate. Deputy Mayor McCann congratulated staff and the Council On the approval of the monumental General Plan document, commended the Mayor for addressing the holiday event issue, and encouraged anyone interested in running for Council to apply for the Council vacancy. Councilmember Castaneda concurred with the Mayor's statement regarding the mishap during the holiday festival and commended him for moving forward On the development of a comprehensive policy. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case ADJOURNMENT At 10:48 p.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting of December 16, 2005, at 4:00 p.m. in the Council Chambers, thence to the Regular Meeting of December 20, 2005, at 6:00 p.m. in the Council Chambers. .--" ~ \ -::- . ,[LJ,iLJ..T;:;;;;;:.:'C;dij ~ ./ Susan Bigelow, MMC, City Clerk Page 13 - Counci] Minutes http://www .chulavistaca.gov December 13,2005