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HomeMy WebLinkAbout2007/03/06 Item 1 DRAFT MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CHULA VISTA REDEVELOPMENT CORPORATION (CVRC), REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA November 16,2006 6:00 P.M. Adjourned Regular Meetings of the Chula Vista Redevelopment Corporation, Redevelopment Agency and City Council of the City of Chula Vista were called to order at 6:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. CVRC ROLL CALL PRESENT: Directors: Castaneda, Desrochers, Lewis, Paul, Rindone (arrived at 6:12 p.m.), Rooney, and Vice Chairman McCann ABSENT: Directors: Chavez (excused), Paul (excused), Chairman Padilla (excused) REDEVELOPMENT AGENCY ROLL CALL PRESENT: Agency Members: Castaneda, Rindone (arrived at 6:12 p.m.), and Vice Chairman McCann ABSENT: Agency Members: Chavez (excused), Chairman Padilla (excused) CITY COUNCIL ROLL CALL: PRESENT: Council Members: Castaneda, Rindone (arrived at 6:12 p.m.), and Deputy Mayor McCann ABSENT: Council Members: Chavez (excused), Mayor Padilla (excused) ALSO PRESENT: Interim Executive Director/City Manager Thomson, Deputy General Counsell Deputy City Attorney Shirey, Chief Financial OfficerlFinance Director Kachadoorian, Acting Community Development Director Hix, Redevelopment Project Manager Crockett, Planning Manager Ladiana, Senior Community Development Specialist Tapia, Community Development Specialist Alvarez, Senior Deputy City Clerk Peoples, Community Development Administrative Assistant Donnelly PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE Due to the lack of a quorum for the Redevelopment Agency and City Council, Vice Chairman McCann requested Items 1 and 2 be trailed, and Item 3 be heard at this time. I A-l DRAFT Items 1 and 2 were heard after Item 3. 1. APPROVAL OF MINUTES Staff Recommendation: 1.a. That the CVRC and Redevelopment Agency approve the minutes of October 26, 2006. ACTION: Vice Chairman McCann moved approval of the CVRClRedevelopment Agency minutes of October 26, 2006. Director/Agency member Castaneda seconded the motion and it carried 6-0, with Director Paul, Director/Agency member Chavez and Chairman Padilla absent. 1.b. That the Redevelopment Agency approve the minutes of October 24, 2006, and November 7, 2006. ACTION: Vice Chairman McCann moved approval of the Redevelopment Agency minutes of October 26, 2006, and November 7, 2006. Agency member Castaneda seconded the motion and it carried 3-0, with Agency member Chavez and Chairman Padilla absent. 2. WRITTEN COMMUNICATIONS 2.a. Memorandum from Stephen C. Padilla requesting an excused absence from the Joint CVRClRedevelopment Agency/City Council meeting of November 16, 2006. 2.b. Memorandum from Patricia E. Chavez requesting an excused absence from the Joint CVRClRedevelopment Agency/City Council meeting of November 16, 2006. Staff recommendation: That the CVRClRedevelopment Agency/City Council excuse the absences. ACTION: Director/Agency/Councilmember Rindone moved approval of the requests for excused absences. Director/Agency/Councilmember Castaneda seconded the motion and it carried 6-0, with Director Paul, Director/Agency/Councilmember Chavez and Chairman/Mayor Padilla absent. Page 2 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov November 16,2006 /11-;)- DRAFT Item 3 was heard prior to Items 1 and 2. PUBLIC HEARINGS 3. CONSIDERATION OF A MIXED USE PROJECT WITH 167 MULTI-FAMILY RESIDENTIAL UNITS AND 3,793 SQUARE FEET OF COMMERCIAL SPACE ON THE SITE AT 914-944 THIRD AVENUE WITHIN THE MERGED CHULA VISTA REDEVELOPMENT PROJECT (ADDED AREA) Development of this site will provide high-density mixed-use housing located close to existing transit, and within a block of neighborhood-serving retail and office uses. The proposal requires the re-zoning of a 3.6-acre portion of the site and the establishment of a Precise Plan Modifying Standard for a front setback reduction from 25 feet to 20 feet. In addition, the proposal requires the issuance of a Conditional Use Permit for the mixed use, Design Review and Tentative Map Conditions for the consolidation of four lots into one lot. 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. Project Manager Crockett provided an introduction of the proposed Creekside Vistas project, including the effort behind the proposed project development and the public benefits of a great housing project, including new revenues to schools and the City, and increased affordable housing units in western Chula Vista. Planning Manager Ladiana provided an overview of the project details, noting that it would be the first suburban infill redevelopment project since adoption of the General Plan in December of 2005. Senior Community Development Specialist Tapia provided an overview of the project site and surrounding uses, topography, land use designations, other discretionary actions and conditions of the project, and highlights of the residential units, commercial space, parking and open space. Terry Plowden, representative ofproject applicant, Douglas Wilson Companies, spoke in support of the project and outlined some of the highlights, including the project being an opportunity for infill redevelopment; its location adjacent to a transit stop and proximity to neighborhood serving retail and office uses. He then detailed the process his firm had taken to this point to gain support from the community which included extensive community meetings held with the hospital, country club, church and auto parts store as well as with the Northwestern Civic Group, Crossroads II, HEAC and the Chamber of Commerce Economic Development and Building Committees. Mr. Plowden stated he felt the project was well received as they were proposing to improve a property that was underutilized and in some ways blighted; developing it in a manner consistent with the General Plan; providing 10% affordable housing consisting of 2 and 3 bedroom units, and would also be preserving the Telegraph Canyon Creek. Page 3 - CVRC/RDAlCC Minutes htto://www.chulavistaca.gov November 16,2006 /A~3 DRAFT PUBLIC HEARINGS (continued) Bryan Sevy, Project Architect, provided an overview of the design solutions for the project goals which were to create building architecture for the site layout, preservation of the riparian and sensitive habitat, and the creation of a more vibrant mixed-use street scene with an urban feel along 3rd Avenue to allow for walkability. To accomplish these goals, they designed the buildings with a strong fas:ade with homes facing onto 3rd A venue to provide a safety feature, the retail spaces are located along 3rd Avenue at the northeast comer adjacent to the other commercial uses where it can be used by the residents and others of the community. The parking is provided almost entirely in a subterrarean garage under the main building which allows more space for homes and open-space. The garage has controlled access with separate areas for residential and commercial. The project is made up of a blended density of 30 units per acre with a variety of housing types, including lower density townhomes in the southwest edge, and a larger building with underground parking to efficiently utilize the site. The larger building has single-level and multi-level homes with 2-, 3- and 4-bedroom townhomes with 14 different floor plans. All homes have a private balcony or patio. There are two main courtyard spaces above the parking and a common amenity area with a tot lot and pool and the open space, riparian area with a trail system along the bank. The architecture is a mix of modern and Spanish architecture, with arches in classic Irving Gill style. Director/Councilmember Castaneda inquired about the width of the sidewalks with the street trees, expressing concerns of impeding the free flow of pedestrians. Mr. Plowden responded that the sidewalks were 10 feet wide with a wall between the sidewalk and building entryways to separate the pedestrians from the residential traffic, adding that the developer will be maintaining the street trees. Director Rooney stated that he was encouraged by the quality of the project, would like to see more retail if possible, and encouraged the use of vines to cover the front walls to break up the fas:ade. He further noted that the choice of plant materials for this project was very important, as was the relief in the fas:ade provided by the arches, balconies, and planters. Director/Councilmember Rindone inquired and Mr. Plowden responded that the allocated commercial space was approximately 4,000 square feet which could equate to four tenants at 1,000 feet each, with uses authorized by the zoning code of perhaps a coffee shop and deli. Further, that the trees being considered for use in the project are from the City approved list and will include Oaks, Alders and Sycamores back by the creek, and ornamentals such as Jacarandas or a Brisbane Box in the courtyards. Director Rindone then inquired of staff, as to whether anything was being done regarding the landscaping across the street, and how staff was going to address it, although it is not a condition of this project. Ms. Ladiana responded that staff could be directed to continue pursuing action with the applicant. Director Lewis expressed concerns with the need for protection of the site between the parking and hospital site. Mr. Plowden responded that, in addition to the trees, there would be a wall or fence along the boundary. Director Lewis then inquired about the traffic control from 3rd A venue into the commercial entry in terms of a left turn lane, and requested staff review the left turn into the project. Page 4 - CVRC/RDA/CC Minutes http://www.chulavistaca.gov November 16, 2006 1/1-+ DRAFT PUBLIC HEARINGS (continued) Director Desrochers inquired regarding the width of the sidewalk in front of the commercial space and Mr. Sevy responded that there was 20 feet from the storefront to the sidewalk. In addition, he responded to questions pertaining to the access to the recreation area for residents living on the north end of the project in the Podium building, stating it would be via elevator and a short walk from the building. Mr. Plowden responded to questions regarding landscaping noting that native plant material would be planted up to the creek and the natural habitat area would be protected possibly fencing, but that children could play along the area between the building and the property lines, in the children's play area, and in the courtyards. Director Rooney inquired as to whether the proposed pathway could go through to "L" Street. Mr. Plowden responded that due to the steepness of the area and the culvert, for safety reasons, the area would probably be secured and the pathway would not go through. Director Rooney stated he hoped on future projects that pathways would be designed to go somewhere, and then confirmed that the affordable housing units would be 2- and 3-bedroom units, identical to the market rate units, and would be located throughout the Podium building. Vice Chairman/Deputy Mayor McCann opened the public hearing. Patricia Aguilar, representing Crossroads II, spoke in support of the project, stating that the applicant had met with them and had either met or exceeded their requests. She then spoke regarding a Planning Commission request on the project, that something be done about the condition of the property across the street from the project, provided and displayed photographs of the area, and encouraged the Council to direct staff to work with the applicant to give something back to the community by improving this area. Vice ChairmanJDeputy Mayor McCann explained for the record, that although the property Ms. Aguilar had spoken about was not directly connected with this project, the applicant, Douglas Wilson Companies, had looked at the best interests for the community and contacted the Country Club and proposed that the Douglas Wilson companies would come up with a landscaping plan and along with the Country Club and the City, each pay 1/3 of the costs involved in cleaning up and landscaping of the property. Mr. Plowden verbally confirmed their commitment and stated that a confirmation letter had previously been submitted to City staff. Vice ChairmanJDeputy Mayor McCann asked staff to take this as a direction, and inquired and Redevelopment Project Manager Crockett responded, that although this project was not in the redevelopment project area, findings could be made that would allow for tax increment funds to be used. Planning Manager Ladiana noted that the area being discussed was predominantly in private ownership with a very small sliver in City right-of-way. Director/Councilrnember Rindone stated he did not feel welded to the 1/3, 1/3, 1/3, but would like to get it done and would prefer to see the Country Club pay at least 50% of the costs. Page 5 - CVRC/RDAlCC Minutes htto:llwww.chulavistaca.gov November 16, 2006 /A~5 DRAFT PUBLIC HEARINGS (continued) Vice Chairman/Deputy Mayor McCann requested staff continue to work with the Douglas Wilson Companies and set up a meeting with the Country Club to discuss this issue. Kevin O'Neill stated he was pleased to see this project come forward and spoke in favor of it. He then inquired and staff responded that no redevelopment fund participation had been used, and the project was 100% developer financed. Mr. O'Neill then spoke regarding a project he had proposed two years ago and his perception that he did not get the cooperation, help or interest he had needed to proceed with his proposed project. Lisa Cohen, representing the Chula Vista Chamber of Commerce, stated that their Economic Development Committee, as well as Board of Directors, had expressed full support of the project. Ned Ardagna, inquired and staff confIrmed, that the proposed walkway on the property along the creek had public access. Mr. Ardagna then stated that he objected to the noticing procedure as only those within 500 feet of the proposed project were notified, yet those most affected, the current property owners and neighborhood residents, live outside of the 500 square feet area and were not notified. Additionally, this project is being called a walkable neighborhood, but there are no sidewalks, and cited Moss and Naples Streets as examples having piecemeal sidewalks. Vice Chairman/Deputy Mayor McCann responded to Mr. Ardagna's comments regarding the need for sidewalks, advising him that the City has started the Castle Park sidewalk program, and has received approval of a HUD 108 loan, which will provide additional funding for additional sidewalks. With no further members of the public wishing to speak, Vice Chairman/Deputy Mayor McCann closed the public hearing. Director/Councilmember Rindone expressed his pleasure with the quality of the proposal and the participation of the independent directors. ACTION: Director Rindone moved approval of staff's recommendation on Item 3.a., read the heading, waive the text. Director Castaneda seconded the motion for discussion: Director Castaneda then expressed agreement with those speaking in support of the project. He then expressed concerns with the ushering in of a new project in southwest Chula Vista with no Specific Plan in place. Vice Chairman/Deputy Mayor McCann stated he really liked the project and the fact that it had no public subsidy and an affordable housing component. Further, in speaking about sidewalks and amenities, the tax increment over the life of this project will be $21 million that can be used for those purposes. He then thanked the Douglas Wilson Companies for taking the initiative on the property across the street, and that he was not sold on the idea that a specific plan would bring things forward to enhance the community and create revitalization and investment. Vice Chairman/Deputy Mayor McCann then publicly thanked and expressed accolades for staff and the efforts they put into this project. Page 6 - CVRC/RDNCC Minutes htto://www.chulavistaca.gov November 16, 2006 / //- (p DRAFT PUBLIC HEARINGS (continued) Vice Chairman/Deputy Mayor McCann then requested that Item 3.a. be voted on first: 3.a. That the CVRC adopt the following resolution: CVRC RESOLUTION NO. 2006-039, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL (I) ADOPT MITIGATED NEGATIVE DECLARATION (IS-06-008); (2) INTRODUCE AN ORDINANCE ADOPTING REZONE PCZ-06- 04 FOR A 3.6-ACRE PORTION OF THE SITE FROM S90 COUNTYZONE TO CCP (CENTRAL COMMERCIAL PRECISE PLAN) ZONE ALONG WITH THE ESTABLISHMENT OF A PRECISE PLAN MODIFYING DISTRICT AND STANDARD; (3) APPROVE CONDITIONAL USE PERMIT (PCC-06-026); (4) APPROVE DESIGN REVIEW PERMIT (DRC-06-35); AND (5) APPROVE TENTATIVE MAP (PCS-06-06) TO ALLOW THE CONSTRUCTION OF 167 MULTI-FAMILY UNITS AND 3,793 SQUARE FEET OF COMMERCIAL SPACE ON THE SITE LOCATED AT 914-944 THIRD AVENUE The motion carried 6-0, with Directors Chavez, Paul, and Chairman Padilla absent. ACTION: Councilmember Rindone moved approval of staff's recommendations on Items 3.b. and 3.c., read the headings, waive the texts, and place the ordinance on first reading: 3.b. That the City Council adopt the following resolution: RESOLUTION NO. 2006-337, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ADOPTING MITIGATED NEGATIVE DECLARATION (IS-06-008); (2) APPROVING A CONDITIONAL USE PERMIT (PCC-06-26); (3) APPROVING DESIGN REVIEW PERMIT (DRC-06-35); AND (4) APPROVING TENTATIVE MAP (PCS-06-06) TO ALLOW THE CONSTRUCTION OF 167 MULTI-FAMILY UNITS AND 3,793 SQUARE FEET OF COMMERCIAL SPACE ON THE SITE AT 914-944 THIRD AVENUE Page 7 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov November 16, 2006 IA-1 DRAFT PUBLIC HEARINGS (continued) 3.c. That the City Council place on first reading the following ordinance: ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A REZONE (PCZ-06-04) FROM S90 ZONE TO CENTRAL COMMERCIAL PRECISE PLAN (CC-P) ZONE AND ESTABLISHING A PRECISE PLAN MODIFYING STANDARD FOR A 3.6-ACRE PORTION OF A 5.5-ACRE SITE LOCATED AT 912-944 THIRD AVENUE Councilmember Castaneda seconded the motion and it carried 3-0, with Councilmember Chavez and Mayor Padilla absent. Items 1 and 2 were heard at this time. Vice ChairmanlDeputy Mayor McCann requested Item 4, Chief Executive Officer's Reports be heard at this time. PUBLIC COMMENTS Kevin O'Neill, spoke regarding two projects he has that cannot move forward because they are in the Urban Core area and detailed the steps he had taken with staff to advance them, and his request for the establishment of a pipeline policy. Mr. O'Neill then spoke regarding areas of the Urban Core Specific Plan that he felt were flawed and requested that he be given what he has by right under the existing zoning, and protect him with a pipeline policy, otherwise, the City has created a temporary taking. Acting Community Development Director Hix, stated that a pipeline policy was being worked on to be brought forward as part of the Urban Core Specific Plan, and that the City Attorney's Office had also advised staff of their preference to ABCO, but that they were also aware that they could make other policy recommendations and were working on potential language. Ms. Hix then noted that a pipeline policy needed to be consistent citywide, not just within the Urban Core plan. She then asked Mr. O'Neill if he had submitted his project or was in process as typically a pipeline will address people who are somewhere along in the process. Mr. O'Neill stated he had not as it would not be prudent to move ahead at this point. Vice ChairmanlDeputy Mayor McCann requested Attorney Shirey and Ms. Hix get together collectively with Mr. O'Neill and then update the CVRC on the pipeline policy and this particular issue, as the goal is to provide certainty to those who want to invest in Chula Vista. Director Rindone made a referral to staff to have a report on pipeline options for the CVRC and City on the next agenda. Item 4 was heard prior to Public Comments Page 8 - CVRCIRDAlCC Minutes http://www.chulavistaca.gov November 16,2006 /A-cg DRAFT 4. CHIEF EXECUTIVE OFFICER'S REPORTS Interim Chief Executive Director Thomson stated that although the CVRC usually meets on the fourth Thursday of the month, this one falls on Thanksgiving Day and therefore, rather than requesting a meeting, he wished all a Happy Thanksgiving. 5. CHAIRMAN'S REPORTS Vice Chairman McCann again thanked staff for their work on the previous project. He then requested staff continue to keep the meetings as scheduled on the second and fourth Thursdays of each month at 6:00 p.m. 6. DIRECTORS' COMMENTS Director Rindone stated that there will be times when business needs to be accelerated and a meeting will need to be moved, and staff needs flexibility. Vice Chairman McCann stated he agreed with the need to have flexibility, but wants to stay on task. Director Rindone clarified it was not his intention to hurt any civic meeting, but that the business of the CVRC needs to be moving at a most judicial rate. He then stated he would be requesting a re-opening of the applicant-filing period for the position of City Manager and that it be extended to December 5, 2006. Director Desrochers noted for the record that Director Paul was not present, as he could not vote on the Creekside Vistas item, as his firm was involved in the project planning. He then expressed frustration and requested consistency with the meeting scheduling. Director Lewis stated that one of the reasons for the creation of the CVRC was due to the lack of a focused plan and concurred with Director Castaneda's on the need to get a specific plan and take control to become a fully active body. Director Castaneda stated that a specific plan looks at all kinds of things and tells people what the long-term, long-reaching vision of the City is. He then expressed concerns with why some people seem to get projects through and others cannot. ADJOURNMENT At 7:54 p.m., Deputy MayorNice Chairman McCann adjourned the City Council to its regularly scheduled meeting on November 21, 2006, at 6:00 p.m., and the Chula Vista Redevelopment Corporation and Redevelopment Agency to their regularly scheduled meetings on December 14, 2006, at 6:00 p.m. ~ t-t( .~ Dana M. Smith, Secretary Page 9 - CVRC/RDAlCC Minutes htto://www.chulavistaca.gov November 16,2006 /Il-q DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 15, 2007 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 9:43 a.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda (arrived at 10:00 a.m.), McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS There were none. CLOSED SESSIONS Council convened Closed Session at 9:44 a.m. 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager No reportable action was taken. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6(a) Unrepresented employee: City Manager This item was not discussed. ADJOURNMENT At 6:30 p.m., Mayor Cox adjourned the meeting to the Regular Meeting on January 16, 2007, at 6:00 p.m. in the Council Chambers. Cf?t~ ~ ~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk 16- I DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 16, 2007 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY DEPUTY MAYOR RINDONE OF A PHOTOGRAPH OF DECORATED TUSKAGEE PILOT CAPTAIN CLAUDE A. ROWE TO THE CITY OF CHULA VISTA Deputy Mayor Rindone presented the Council with the photograph of Captain Rowe. . OATHS OF OFFICE Kevin O'Neill- Growth Management Oversight Commission Mayor Cox stated that Mr. O'Neill was administered the oath and received his certificate of appointment earlier in the day in the City Clerk's office. CONSENT CALENDAR (Items 1 through 5) 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of December 14, 2006, and the Regular Meeting of December 19, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Majed Al-Ghafry, member of the Safety Commission. B. Letter of resignation from Susan 0' Shaughnessy, Commission on Aging. Staffrecommendation: Council accept the resignations and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. \ C. -I DRAFT CONSENT CALENDAR (continued) 3. ORDINANCE NO. 3058, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TO PROHffiIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT (SECOND READING) Adoption of the ordinance prohibits smoking within 50 feet of the entrance to any eating establishment and makes additional clerical corrections to the Municipal Code section. This ordinance was introduced on January 9,2007. (City Attorney) Staff recommendation: Council adopt the ordinance. 4. A. RESOLUTION NO. 2007-012, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMPACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE WAKELAND AFFORDABLE HOUSING PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS B. RESOLUTION NO. 2007-013, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AGREEMENT WITH THE GAS TECHNOLOGY INSTITUTE, A NOT FOR PROFIT RESEARCH & DEVELOPMENT ORGANIZATION, TO ANALYZE ENERGY, ECONOMIC AND ENVIRONMENTAL IMPACTS OF BOTH PLANNED AND ALTERNATIVE BUILDING DESIGN OPTIONS FOR THE DEVELOPMENT OF THE CREEKSIDE VISTAS MIXED-USE RESIDENTIAL PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolutions approves agreements with the Gas Technology Institute to analyze energy, economic, and environmental impacts of both planned and alternative building design options for the Wakeland affordable housing project and the Creekside Vistas mixed-use residential project in western Chula Vista, as required under the San Diego Gas & Electric partnership grant program. (Acting Community Development Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2007-014, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE PHASE II AGREEMENT WITH STRATUS, A DIVISION OF HEERY INTERNATIONAL AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Adoption of the resolution extends the agreement for additional consultant services related to the formalization of charter university partners and the development of key collaboration, business and academic plans between and among those partners as entered into as of March 8, 2005. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Mioules \C - 2... htto:! /www.chubvistaca.l2:oy January 16, 2007 DRAFT CONSENT CALENDAR (continued) ACTION: Councilmember McCann moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Gloria McLean, attorney representing Mr. Bisharat, owner of a gas station at the comer of Halecrest and Telegraph Canyon Road, asked the Council to direct staff to bring back an agendized item to allow banner signs within service bays that face public streets and, pending that action, to stop enforcing that portion of the Municipal Code. Mayor Cox asked staff to contact Ms. McLean Patricia Aguilar, representing Crossroads II, asked if the committees formed by the Council several weeks ago would be meeting in public. Mayor Cox asked Attorney Moore to provide clarification to Ms. Aguilar. BOARD AND COMMISSION REPORTS 6. CONSIDERATION OF THE DRAFT ARTS MASTER PLAN After 20 months of effort, an Arts Master Plan has been drafted which, if approved, will guide the growth of arts and culture in the City for the next decade. It will also begin to implement the policies, goals and objectives contained within the 2005 General Plan Update that specifically call for the City's increased promotion and support of arts and culture. (Cultural Arts Commission/Cultural Arts Manager/Assistant City Manager/Library Director) Assistant City Manager/Library Director Palmer introduced the item. Cultural Arts and Fund Development Manager Reinhardt and Cultural Arts Commissioners Redo, Bolles and Deavenport presented an overview of the draft Arts Master Plan, followed by recommendations for implementation. The following people spoke in support of the draft Arts Master Plan: Joan Hansen, Chula Vista resident and artist Betsy Keller, Chula Vista resident, OnStage Playhouse, Frederika Manor, and T A VA (Third Avenue Village Association) Dency Souval, Chula Vista resident Colleen Finnigan, San Diego resident, City of Carlsbad Arts Office \C-3 Page 3 - Council Agenda htto:/ Iwww.chulavistaca.gov January 16, 2007 DRAFT BOARD AND COMMISSION REPORTS (continued) Joanne Tawfilis, Oceanside resident, Executive Director of United Nations Association- Balboa Park, and Executive Director and Founder ofthe Art Miles Mural Project Susan O'Shaughnessey, Healthy Spirit and TA V A Dr. Susan Mahler Sharon Hyde, Chula Vista resident, Chula Vista Art Guild Sara Deavenport, Chula Vista resident, California Ballet Bobby Hartman, San Diego resident, Program Director, Fern Street Circus Thomas Vandeveld, Chula Vista resident, musician in "The Players" Kevin McCully, San Diego resident, musician in "The Players" William Virchis, teacher, Sweetwater Union High School District Lupita Jimenez, Chula Vista resident Phani Peesapati, Chula Vista resident, parent of child who benefited from a fine arts grant provided by City of Chula Vista Martha Ehringer, San Diego resident, Director of Public Relations for the Mingei International Museum Alan Ziter, Naval Training Center Foundation Bethany Lockhart, San Diego Junior Theatre Dalouge Smith, San Diego resident, San Diego Youth Symphony Marti Kranzberg, San Diego resident, Creative Class Rebecca Radn and Cynthia Stokes, San Diego Opera Barry Parr, Chula Vista resident and teacher, Sweetwater Union High School District Chris Davenport, Chula Vista resident, Mountain West Real Estate Bob Christiansen, OnStage Playhouse Brian Patterson, San Diego Museum of Art Laura Withers, Playwrights Project Tommy Aros, Chula Vista resident and musician, requested support for live music venues in the City. Paul Vaucheley, Barrio Logan East Village Arts District, spoke in support of the plan and urged that an art colony be incorporated into the plan. Patricia Aguilar, Crossroads II, spoke in support of the plan and suggested that the plan include what the Urban Core Specific Plan calls the "Downtown Promenade" as an "Arts Promenade." The following persons submitted speaker slips in support of the plan but did not speak: JoAnn Fields, National Federation of Filipino Americans Association and military community Veronica Serrano, Chula Vista resident, San Diego Cesar E. Chavez Committee David Hoffman Jerry Livingston, representing the Building Industry Association and the National Association of Office and Industrial Properties, spoke in opposition to the plan, citing significant concerns about the use of development fee funding to implement and support the plan. Lisa Cohen, Chula Vista resident and Chief Executive Officer of the Chula Vista Chamber of Commerce, stated that the Board supports the plan as long as the proposed "2% for Public Art" policy is voluntary, rather than mandatory. IC--4 Page 4 - Council Minutes hUn:'! Iwww.chulavistaca.gov January 16, 2007 DRAFT BOARD AND COMMISSION REPORTS (continued) Mayor Cox declared a brief recess at 8:43 p.m. She reconvened the meeting at 8:54 p.m. with all Councilmembers present. Councilmember Castaneda requested further dialogue on the particulars of moving forward with the plan, including funding strategies. Councilmember Ramirez stated that the main public library renovation should be a priority, expressed concerns with the funding mechanism, and asked staff to come back with recommendations for funding that include what other cities have done. Councilmember McCann requested a financial analysis of how pipeline projects might be affected, and asked staff to look for alternative funding sources that would have less of an impact on revitalization. He then suggested that Coors Amphitheatre be looked at as a consistent stream of revenue to be used, versus capital improvement projects. Deputy Mayor Rindone stated that he was notified that the Taste of the Arts event was being eliminated. Since then, however, he received information that the program will continue but be held in a different venue. Deputy Mayor Rindone concurred with the referral to staff to perform a financial analysis and suggested a bifurcated scale be considered as welL Lastly, he inquired about the status of the Otay Baptist Church, which he thought would be studied and included in the report. Mr. Reinhart stated that the church was not included in the report because the consultant did not feel qualified to make a specific recommendation about it. Assistant City Manager/Library Director Palmer stated that a cost analysis was previously provided by the General Services Department, along with input received from residents near the church expressing opposition to moving it. Deputy Mayor Rindone asked staff to provide the report to the Council for a final decision. Mayor Cox stated that the plan was extraordinary, and the Council needed to work with staff towards as creative a solution as possible. She expressed the need to look at ways to increase the revenues, noting that it is very important to have the program drive the budget, rather than have the budget drive the program. Mayor Cox requested creativity in the solutions staff would be bringing back for consideration. ACTION: Mayor Cox moved to accept the staff report and asked staff to look at what 1 % of the projects in the 2005/2006-year means to the bottom line of economics in order to share the creativity among a broader base if possible. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Deputy Mayor Rindone noted that the art fund created by the Coors Amphitheatre tickets is expended in its totality annually, and he advised Commissioners that they could request that the funds be carried over if needed to save for a particular event. \C.-s Page 5 - Council Agenda httn:/ /www.chulavistaca.lZov January 16, 2007 DRAFT OTHER BUSINESS 7. CITY MANAGER'S REPORTS There were none. 8. MAYOR'S REPORTS A. Ratification of appointment of Tim Jones to the Growth Management Oversight Commission. ACTION: Mayor Cox moved to appoint Tim Jones to the Growth Management Oversight Commission. Councihnember Castaneda seconded the motion, and it carried 5-0. B. Discussion to clarify policies with regard to members of the public addressing the City Council under the Public Comments portion of the agenda, and possible direction to staff to prepare an ordinance to amend the Municipal Code accordingly. Mayor Cox presented Chula Vis:ta Municipal Code Section 2.04.230, titled "Addressing the Council by Individuals," and explained that the purpose of oral communications under the existing code was for members of the public to bring up issues in public on items not on the agenda. The current ordinance limits their time to speak to three minutes. She noted that due to the Council's strict adherence to the Brown Act, the Council is not able to engage the public under oral communications. Speakers have five minutes to address the Council regarding items on the agenda, and if they wish to gather their comments together, they can have up to 30 minutes to speak. Mayor Cox further explained that it was not her intent, or that of the Council, to eliminate oral communications or the public's right to address the Council. Frank Zimmerly, representing the Northwest Civic Association, read into the record a letter previously submitted by Association President Pamela Bensoussan expressing opposition to amending the ordinance to limit oral communications to 3 minutes. Kit Gardner stated that he did not understand the issue but opposed any change to the existing system. Patricia Aguilar, representing the Board of Directors and members of Crossroads II, stated she, too, was mystified as to why the item was being discussed. She had understood that the presiding officer could extend the time limit on a case-by-case basis if deemed appropriate. She said she realized this was in part a legal issue, but that the current system has worked fine, and she opposed any changes. Peter Watry recommended the ordinance be kept as is and administered with common sense. Jackie Lancaster, representing Save Our Bayfront, appealed to the Council to allow the ceding of time under oral communications, and suggested it be spelled out in the Chula Vista Municipal Code. lC-~ Page 6 - Council Minutes htto:/lwww. chula vistaca. 2:0V January 16, 2007 DRAFT OTHER BUSINESS (Continued) Sandy Duncan stated that she understood the three-minute rule and that there was a gentleman's agreement for people to cede time to those wishing to speak. Ms. Duncan then stated that she had spoken with City Consultant Terry Amnsler, who also opposed Council action on this item. Earl Jentz spoke in support of keeping the ability to cede time to a speaker under oral communications and asked that the ordinance not be changed. Jose Preciado, President of South Bay Forum, stated he was open to hearing discussion regarding the need for a change to prior policy, and expressed concern from group members about limiting the ability to combine minutes under oral communications. Ted Kennedy stated that the purpose of oral communications was to allow the public to participate and gather information, thus providing an early warning system. However, if the system is going to be changed, he asked that statistics be provided to the public to show how many times the current system has been abused. Mayor Cox clarified that this particular agenda item was on public comments, and although she appreciated the public's confidence in her exercising appropriate discretion, she had a sense that if she were to suggest that someone had gone on too long, or could not cede minutes after three or four times doing so, she would be duly criticized for exercising favoritism. Under public comments, the Council cannot engage with the audience, and the ordinance only allows groups to speak under agendized items. If the Council determined that the ordinance was to be left as is, she would take the Chair's prerogative and use the Chair's discretion in deciding whether to allow the public to gift minutes to one another or to surpass their time. She expressed concern, however, that as soon as she said no to one person, she would be thought of as an unfair person. City Attorney Moore confirmed that time limitations could be imposed as long as they allow individuals the right to speak, and the presiding officer can provide more time as long as it is applied fairly to everyone. Councilmember Ramirez stated that wherever possible, the greatest amount of latitude should be provided to allow people to speak their minds. He then asked that the ordinance be expanded to allow the sharing of time at the discretion of the presiding officer, and to require people to state their City of residence when addressing the Council. Councilmember Ramirez also expressed an interest in holding a workshop to address procedural aspects of the Council Office as a department. City Attorney Moore stated that everyone has a constitutional right to speak at a public meeting in a public setting, and the Council cannot limit someone who is not a resident of Chula Vista from speaking. To identifY a person as a resident of Chula Vista would not be a problem, as long as they are not provided any extra privilege, such as extra time that is not provided to someone who is not a resident. Deputy Mayor Rindone stated the only necessary change to the ordinance would be to request the speaker to state whether or not he or she was a resident of Chula Vista, and the rest should be at the prerogative of the Chair. 1C--l- Page 7 - Council Agenda htto:llwww.chulavistaca.gov January 16, 2007 DRAFT OTHER BUSINESS (Continued) In response to a question by Councilmember Castaneda, Mayor Cox stated that her understanding of the purpose of public comments was for people to address the Council for three minutes on an issue that is not on the agenda, and although she appreciated being given discretion by her colleagues, she was concerned that there would be a point in time when her actions would not be considered as fair. Councilmember Castaneda stated he understood the Mayor's concerns, however, he believed those not wanting to speak should be able to cede their time to a representative to speak for them. Further, he believed a clarification was required in the ordinance to remove the requirement for stating the speaker's address, to request a speaker to state whether he or she is a resident of Chula Vista, if they choose to do so, and to augment the first sentence that delineates the period of time to say "three minutes, unless further time is granted by the presiding officer." Councilmember McCann stated he believed that as a general rule, as a Council, and as voters, faith has been put into the Mayorship, the ability to preside over meetings with discretion, whether written into the ordinance or not. ACTION: Councilmember Ramirez moved to add language giving the Mayor discretion to grant additional time to speakers during public comments and to allow speakers to share time; and that the Council request speakers to indicate whether or not they are Chula Vista residents. Mayor Cox suggested including the phrase "unless further time is granted by the presiding officer" in the oral communications section regarding the three minutes, and requested that the City Attorney come up with language to request that speakers provide their city of residence. Councilmember Castaneda pointed out that Councilmember Ramirez had previously made the motion, and Mayor Cox stated that, with his concurrence, she would credit authorship of this motion to Councilmember Ramirez. Councilmember Ramirez accepted. Councilmember Castaneda seconded the motion, and it carried 5-0. 9. COUNCIL COMMENTS Deputy Mayor Rindone spoke of the recent loss of a major community leader, Ms. Diane Carpenter, and requested adjournment ofthe Council meeting in her memory. Councilmember Castaneda expressed heartfelt thoughts to the Carpenter family. He then expressed continued interest in exploring possibilities to locate a Charger facility in Chula Vista. A. Councilmember Ramirez Consideration of support of the appointment of Councilmember Castaneda to the California Coastal Commission. Councilmember Ramirez stated he wished to withdraw this item from the agenda. He also offered his condolences to the Carpenter family and requested information as to when the services would be held. Deputy Mayor Rindone stated that the services would be held at 3:00 p.m. on Friday, January 19, at the Bayview Baptist Church, located at the comer of 61 5t and Benson. He also said he planned to bring forward a proclamation next Tuesday for presentation to the Carpenter family. \C-q Page 8 - Council Mioules hUn:,! /www.chulavistaca.llov January 16, 2007 DRAFT OTHER BUSINESS (Continued) Councilmember Ramirez mentioned that he had attended the League of California Cities' training for new Councilmembers and had a lot of ideas and thoughts about what needed to be done, including putting together a Council workshop to discuss procedures, as well as use of flexibility and discretion on the order agenda items are taken, should there be large groups of people wishing to speak. Councilmember McCann asked to assist Deputy Mayor Rindone in the presentation of the proclamation to the Carpenter family. Mayor Cox stated that there would be a Chargers relocation subcommittee meeting on January 17 at 6:00 p.m. in the main conference room of City Hall. At 10:48 p.m., Mayor Cox recessed the meeting to the adjourned regular meeting of the City Council and special meeting of the Public Financing Authority. At II :04 p.m., Mayor Cox reconvened the Council meeting, with all members present, and recessed to Closed Session. CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case No reportable action was taken. ADJOURNMENT At 11:45 p.m., Mayor Cox adjourned the meeting in memory of Diane Carpenter to an adjourned regular meeting on January 18, 2007, at 4:00 p.m., and thence to the regular meeting on January 23,2007, at 6:00 p.m. in the Council Chambers. q~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Ic-q Page 9 - Council Agenda hlto:/ /www.chulavistaca.goy January 16, 2007 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA January 16, 2007 6:00 P.M. An Adjourned Regular Meeting of the City Council and a Special Meeting of the Public Financing Authority of the City ofChula Vista were called to order at 10:48 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council! Authority Members: Castaneda, McCann, Ramirez, Rindone, and Mayor/Chair Cox ABSENT: Council!AuthorityMembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PUBLIC COMMENTS Steve Pavka, Chula Vista resident, expressed concern about a new ordinance used as tax revenue, resulting in an unfair, unjust tax or fee. He asked how to place an item on the agenda to allow the Council to discuss changes that need to be made. Council!Authority Member Ramirez asked Mr. Pavka to contact his office to make an appointment to discuss his concerns. ACTION ITEMS 1. CONSIDERATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2006 Presented for Council! Authority information and acceptance are the audited financial statements for the fiscal year ended June 30, 2006, as prepared by the independent audit firm of Moreland and Associates, Inc. The City's annual financial reports received an unqualified (clean) opinion from the independent audit firm. (Finance Director/Treasurer) Finance Director/Chief Financial Officer Kachadoorian introduced Kathryn Beseau, partner in the firm of Moreland and Associates, who stated that the City received a clean opinion and offered to answer any questions. Council! Authority Member McCann asked what was meant by a clean opinion. Ms. Beseau responded that a clean opinion meant that nothing had come to the auditors' attention during their review that indicated any misstated information in the books. Part of the audit included a review of internal controls to check their reliability, and no material weaknesses or insufficiencies were found. The auditors did, however, find some minor housekeeping items that were presented to staff in a management letter. Council/Authority Member McCann asked if the reference under management suggestions to make sure the most recent pay document was on file could include an electronic file format. Ms. Beseau responded affirmatively. ITI-\ ACTION ITEMS (continued) Chair Cox thanked staff and Ms. Beseau for providing the information and clarification on the audit process, and expressed hope that the independent financial review would provide a much better feeling of where the City will be in the next 10 years. ACTION: Council/Authority Member Castaneda., moved to accept the fiscal year 2005-2006 financial statements. Council/Authority Member McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 2. CITY MANAGERlDIRECTOR'S REPORTS There were none. 3. MAYOR/CHAIR'S REPORTS There were none. 4. COUNCIL/AUTHORITY MEMBERS' COMMENTS There were none. ADJOURNMENT At 11 :04 p.m., Mayor/Chair Cox adjourned the Council to an adjourned regular meeting on January 18, 2007, at 4:00 p.m., and the Public Financing Authority until further notice. q~~~ Lon Anne Peoples, MMC, Senior Deputy City Clerk \[)-2.. Page 2 - Jt. Council/PF A Minutes htto://www.chulavistaca.l!ov January 16, 2007 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CONCURRENT WITH A MEETING OF THE BOARD OF PORT COMMISSIONERS OF THE SAN DIEGO UNIFIED PORT DISTRICT January 18, 2007 4:00 p.m. An adjourned regular meeting of the City Council of the City ofChula Vista, concurrent with a meeting of the San Diego Unified Port District Board of Commissioners, was called to order at 4:06 p.m. in the Council Charobers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, and Mayor Cox Port Commissioners: Rios (Chair), Bixler (Vice Chair), Vilaplana, Cushman, Najera, Valderrama ABSENT: Councilmembers: Rindone (excused) Port Commissioners: Spane (excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Deputy City Clerk Benoett, Port President/CEO Hollingsworth, Port Attorney Bennett, and Port Docket Manager Nicholson. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE PUBLIC COMMENTS There were none. WORKSHOP 1. PRESENTATION REGARDING THE SOUTH BAY POWER PLANT REPLACEMENT PROJECT APPLICATION CURRENTLY BEFORE THE CALIFORNIA ENERGY COMMISSION The purpose of the meeting was to allow the City Council, Port Commissioners, and the public to hear from key entities that have jurisdiction and influence over the potential siting and permitting of the proposed facility. Assistant City Manager Madigan presented an outline of the proposed South Bay Power Plant replacement project. IE -\ DRAFT WORKSHOP (Continued) Randa Goniglio, Real Estate Manager, San Diego Unified Port District, presented background on the project replacement plan that included the Port District's acquisition of the South Bay Power Plan; existing agreements between the District and LS Power; the Chula Vista Bayfront Master Plan; Port Board and City Council policy direction; and the Port District as Land Owner/Land Use Jurisdiction. Michael Meacham, Chula Vista Director of Conservation and Environmental Services, spoke about activities City staff has taken on past Council direction and policy on related energy issues that included work with all local stakeholders, state energy agencies, and regional agencies; the focus on energy strategy priorities; and the energy strategy that became public in 2000. Kevin Johnson, Vice President of Development for LS Power, presented the South Bay Power Plant replacement project. Bill Pfanner, Project Manager, California Energy Commission, presented an overview of the Energy Commission's role in the proposed project. Councilmember Ramirez stated that a number of questions have been received from staff and the community on the subject of the power plant, and he requested that the questions be addressed by those agencies present at the meeting. Mayor Cox suggested that questions not addressed during the presentations be addressed towards the end of the meeting. Richard Smith, Director, San Diego County Air Pollution Control District, spoke about the District's role in air pollution control. Gary DeShazo, Director of Regional Transmission North and Acting Director of Regional Transmission South, California Independent System Operator (CAISO), spoke about what CAISO does and its relationship with regard to the transmission and generation within its control. Mayor Cox asked whether or not the study investigated the siting of a replacement generation plant at an off-bayfront, off-port property site. Mr. Johnson, representing LS Power, responded that a number of alternative sites were evaluated and rejected for the replacement project, and that the location on the LNG site was the preferred site due to existing components that included utilization of existing infrastructure, no disturbance to other previously disturbed sites, and voltage stability. At 5:57 p.m., Mayor Cox declared a lO-minute recess. The meeting reconvened at 6:18 p.m., with Port Commissioner Vilaplana absent from the dais. He did not return for the remainder of the meeting. Councilmember McCann asked whether SDG&E had committed to purchasing power from the LS Power Plant and the likelihood of purchasing power from the plant, if constructed. James A very, Senior Vice President, San Diego Gas and Electric (SDG&E), responded that SDG&E had not made any commitments and did not foresee contracting with the applicant. IE-2.. Page 2 - Council Minutes http://www.chulavistaca.gov January 18, 2007 DRAFT WORKSHOP (Continued) Commissioners Najera and Cushman requested that LS Power provide information to the Port on the 27 potential sites that were considered for location of a new power plant. Commissioner Cushman stated that he wanted to do what was right for the City and was hopeful that the City Council could meet at the earliest date possible to discuss what Chula Vista wanted. Mayor Cox directed staff to calendar a date to bring the matter back to the Council for further discussion. Port Chair Rios pointed out that no solution had been reached regarding the Reliability Must Run (RMR) status, and what plans SDG&E has to compensate for removal of the existing plant. She suggested that the City Council address such issues prior to making any decisions. Councilmember Castaneda asked the Council to ask the Port District to stave off any decision on the lease option for 100-180 days, whatever is acceptable to the Port; and volunteered to serve on a subcommittee consisting of a member of the City Council to address questions with respect to the agencies of the state that hold the key and to identify exactly what SDG&E's long-term resource needs, where those needs could be fulfilled, and if there is a possibility that LS Power could build some generation at the site being negotiated. Commissioner Bixler asked if CAISO, upon evidence that SDG&E does not need this plant, would remove the RMR status of the present South Bay Power Plant. Mr. DeShazo replied that if San Diego procured enough generation inside the San Diego load pocket to meet the location capacity needs that have been identified, and the South Bay unit was not included in that procurement, then they would not renew the RMR contract for that unit. Mr. Avery, representing SDG&E, further addressed some of the questions raised by Port Commissioners Rios and Bixler, explaining that the existing power plant is not a base-load power plant, but a very inefficient peaker plant. He spoke about the Otay Metro power loop proposed to be in service in summer 2007, which would give SDG&E, from a reliability standpoint, the capability to satisfy the needs of the City for about the next 20 years. He stated that the long-term objective of SDG&E is to eliminate the need of having to pay any kind of subsidies to keep older power plants alive. Councilmember McCann questioned whether a power plant was the highest and best use of the bayfront land, requested further information on alternatives for the power plant site, and expressed the need for policy direction by the Council sooner rather than later. Mayor Cox suggested a meeting with Councilmember Castaneda to discuss who on the Council would be interested in participating with him on a power plant subcommittee. The following individuals addressed the CouncillPort with varying viewpoints regarding the South Bay Power Plant: Lisa Cohen, Chula Vista Chamber of Commerce Cindy Gompper Graves, South County EDC Laura Hunter, Environmental Health Coalition Melanie McCuthan, Environmental Health Coalition Georgette Gomez, Environmental Health Coalition Mike McCoy, Imperial Beach resident \E-3 Page 3 - Council Minutes http://www .chulavistaca.gov January 18, 2007 DRAFT WORKSHOP (Continued) Mayor Cox interrupted public comments in order to offer concluding comments by agency representatives who needed to leave to catch flights. Kevin Johnson of LS Power and Gary DeShazo of CAISO gave concluding comments. Public comments were resmned with the following individuals addressing the Council/Port regarding the South Bay Power Plant: Pati Krebs, Industrial Environmental Association Lupita Jimenez, Green Party of South Bay Jerry Scott Commissioner Rios left the dais as 7:39 p.m., and Commissioner Bixler left the dais at 7:42 p.m., during which time no quorum was present for the Port Commission. Commissioners Rios and Bixler returned to the dais at 7:45 p.m. Councihnember McCann thanked both Port and City staff and agencies present for discussing the various issues. Mayor Cox thanked Port Commissioners and staff for their participation. She stated that remaining questions would be incorporated into a future workshop. Port Chair Rios thanked everyone for their hospitality. Councilmember Ramirez thanked the Port Commissioners for their participation. He also thanked LS Power for bringing the project to the area and said he looked forward to working with them. He stated that the Council would be working hard to ensure the best possible decision for the community. ADJOURNMENT At 7:45 p.m., Mayor Cox adjourned the meeting to the regular meeting of January 23,2007, at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 4 - Council Minutes Ig-4 http://www.chulavistaca.gov January 18, 2007 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 4, 2007 9:30 A.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 9:35 a.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councihnembers: Castaneda (arrived at 9:40 a.m.), McCann, Ramirez, Rindone (arrived at 9:45 a.m.) and Mayor Cox ABSENT: Councihnembers: None ALSO PRESENT: Senior Deputy City Clerk Peoples, Executive Secretary Toledo PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS There were none. CLOSED SESSION Council convened into closed session at 9:38 a.m. 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(I) Title: City Manager No reportable action was taken on this item. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager This item was not discussed and no action was taken. ADJOURNMENT At 3:20 p.m., Mayor Cox adjourned the Special Meeting to the Regular Meeting on February 6, 2007 at 4:00 p.m. in the Council Chambers. a~ ~.y~ Lori Anne Peoples, MMC, Senior Deputy City Clerk IF -I DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 8, 2007 6:00P.M. A Special Meeting of the City Council of the City of Chula Vista was called to order at 8: 14 p.rn.. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: McCann ALSO PRESENT: City Attorney Moore, Senior Deputy City Clerk Peoples PUBLIC COMMENTS There were none. CLOSED SESSION Council convened into closed session at 8:30 p.m. 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager No reportable action was taken on this item. 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Umepresented employee: City Manager No reportable action was taken on this item. ADJOURNMENT At 10:15 p.m., Mayor Cox adjourned the Special Meeting to the Regular Meeting on February 13, 2007 at 6:00 p.m. in the Council Chambers. ~OOP~i~l~k 11;-1 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 13, 2007 6:00P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: McCann (excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Rindone led the pledge in honor of the country's servicemen and servicewomen, who have made a difference. SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE David Turner, Board of Appeals and Advisors Ann Tucker, Commission on Aging Jesse Navarro, Safety Commission City Clerk Bigelow administered the oaths of office to David Turner and Jesse Navarro, and Deputy Mayor Rindone presented them with certificates of appointment. Ms. Tucker was not present at the meeting, as she was administered her oath of office on a prior date. . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO DEBI SCHWARZ, REPRESENTING GOODRICH AEROSTRUCTURES EMPLOYEES, RECOGNIZING THEIR CONTRIBUTIONS TO THE CHULA VISTA CARES PROGRAM Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Debi Schwarz. . DID YOU KNOW...THAT THE ENTERPRISE GIS - IS THE INFORMATION HUB FOR OUR CITY? Presented by Tom McDowell, Applications Support Manager, and Bob Blackwelder, Lead Program Analyst Tom McDowell gave a presentation on the Enterprise GIS Information Hub for the City of Chula Vista; and Bob Blackwelder demonstrated the Chula Vista Mapper application. 11-\ -I CONSENT CALENDAR (Items 1 through 3) 1. A. RESOLUTION NO. 2007-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREET FOR THE CINCO DE MAYO CELEBRATION ON APRIL 29, 2007 FROM 4:00 A.M. TO 10:00 P.M., WAIVING PROHffiITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT 1. B. RESOLUTION NO. 2007-041, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD A VENUE FROM "E" STREET TO "H" STREET FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 12,2007 FROM 4:00 A.M. TO 10:00 P.M., WAIVING PROHffiITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT 1. C. RESOLUTION NO. 2007-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD A VENUE FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUE, AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 1, 2007 FROM 1:00 P.M. TO 10:00 P.M., AND WAIVING PROHffiITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT 1. D. RESOLUTION NO. 2007-043, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE THIRD A VENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS FOR 2007 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The Third Avenue Village Association (TA VA) requested the closures of Third Avenue and other various streets for annual special events in 2007. (Communications Director) Staff recommendation: Council adopt the resolutions. 2. A. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A FOUR-HOUR PARKING LIMIT ALONG LAZO COURT AND UPDATING SCHEDULE VI OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS TIME-LIMITED PARKING ZONE (FIRST READING) 2. B. ORDINANCE OF THE CITY OF CHULA VISTA PROHffiITING PARKING ALONG LAZO COURT FROM 2:00 AM TO 6:00 AM AND UPDATING SCHEDULE IV OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS PARKING RESTRICTION ZONE (FIRST READING) ll-t - 2.. Page 2 - Council Minutes htto://www.chulavistaca.eov February 13, 2007 CONSENT CALENDAR (Continued) Staff received requests to establish time-limited parking zones from business owners concerned with the on-street parking of heavy trucks along Lazo Court. Adoption of the ordinances establishes four-hour parking and the posting of "No Parking 2:00 A.M. to 6:00 A.M." signs along Lazo Court. (City Engineer) Staff recommendation: Council place the ordinances on first reading. 3. A. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON FIRST AVENUE BETWEEN PALOMAR STREET AND QUINTARD STREET AT 25 MPH (FIRST READING) 3. B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON FIRST AVENUE BETWEEN QUINTARD STREET AND THE SOUTHERN TERMINUS OF FIRST AVENUE AT 25 MPH (FIRST READING) Based on provisions of the California Vehicle Code, pursuant to authority under the Chula Vista Municipal Code, and in accordance with speed surveys conducted, a speed limit of 25 mph should be established and posted at these locations. (Engineering Director) Staff recommendation: Council place the ordinances on first reading. ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Joaquin Castro spoke with reference to property owned by Sergio Arevalo at 309 V alley Avenue, stating that the City's proposed project to widen Valley Street from 15 to 52 feet to service 11 homes was a misapplication of a City standard. He explained that Mr. Arevalo would face costs of about $35,000 to rebuild a garage on his property, as would other residents in the area who would want to upgrade their homes, due to new property line and setback requirements for the proposed street widening. He stated that staff informed him off the record that this project would not happen. He requested that the proposed project be waived, or alternatively, an alley be constructed if the City needed to beautify the area. Mayor Cox directed Interim City Manager Thomson to refer the concerns to staff and report back to Council on the matter. Sergio Arevalo, 309 V alley Avenue, informed the Council of a petition submitted to the City by affected property owners inquiring about the legitimacy and/or practicality of widening Valley Avenue. \~-3 Page 3 - Council Agenda httv:/ /www.chulavistaca.gov February 13, 2007 PUBLIC COMMENTS (Continued) Laura Hunter, representing the Environmental Health Coalition, said she attended a recent scoping session regarding alternatives to the Sunrise Powerlink. She stated that some of the alternatives discussed would have a heavy reliance on the LS Power proposal and other peakers and projects in Chula Vista. She believed that LS Power had not understood the message from the City about discussions on alternatives. She expressed concern about the window of opportunity for the public to address this matter, which closes on February 24, and she recommended that the Council send its message to the regulators, stating their intentions clearly and formally; take the matter off the table to focus on better alternatives; and get the California Public Utilities Commission process focused on something that is credible. Councihnember Ramirez thanked Ms. Hunter for bringing the matter forward, and expressed the importance of the Council subcommittee taking an official position for the City on the project. Peter Watry gave follow-up comments on discussions at last week's Chula Vista Redevelopment Corporation meeting, commenting that he believed that market conditions were what drove development. He also believed that Chula Vista's balanced growth between public and private facilities was largely due to threshold standards and growth managernent policies, and he was hopeful that the Council subcommittee would support balanced growth for the City. PUBLIC HEARINGS 4. PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 2892 RELATING TO PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND AREA OF BENEFIT FOR OTAY RANCH VILLAGES ONE, FIVE, AND SIX TO INCLUDE VILLAGE TWO Adoption of the resolution accepts a report recommending an update to the Pedestrian Bridge Development Impact Fee, and adoption of the ordinance amends Pedestrian Bridge Ordinance No. 2892 to include Village Two to pay for its fair share of bridge improvements. The fee is payable at issuance of building permits. (Engineering Director) 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 Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Deputy Mayor Rindone directed staff to provide an information memorandum to Council as to the timeline for the completion of the two bridges proposed for the eastern urban areas. ACTION: Councilmember Castaneda moved to adopt Resolution No. 2007-044 and place the ordinance on first reading, headings read, texts waived: PUBLIC HEARINGS (Continued) l\-\ -4 Page 4 - Council Minutes htto:/ /www.chulavistaca.l!OV February 13, 2007 A. RESOLUTION NO. 2007-044, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNING AND FINANCING GROUP RECOMMENDING AN UPDATE OF THE EXISTING PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND AREA OF BENEFIT FOR OTAY RANCH VILLAGES ONE, FNE, AND SIX TO INCLUDE VILLAGE TWO B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 2892 RELATING TO PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AND AREA OF BENEFIT FOR OTAY RANCH VILLAGES ONE, FNE, AND SIX TO INCLUDE VILLAGE TWO TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (FIRST READING) Deputy Mayor Rindone seconded the motion and it carried 4-0. OTHER BUSINESS 5. CITY MANAGER'S REPORTS Interim City Manager Thomson provided an update on Deputy Mayor Rindone's referral regarding police response times as they pertained to People's Chevrolet. He stated that the Police Department had been in touch with People's Chevrolet, and the issue was not so much about response times as it was situations of fraudulent vehicle purchases and false credit application information. He stated that the Police Department was working with the District Attorney's office to ascertain whether the matter was civil or criminal, and would follow up with an informational memorandum to Council. 6. MAYOR'S REPORTS Mayor Cox spoke about her recent interview on a news show that included a question about what the City was going to do about the bayfront power plant. She stated that once the RMR (Reliability Must Run) was removed from the power plant or resource advocacy was determined, the plant would come down. In order to make her position positively clear, she stated that at the power plant subcommittee meeting on February 14, 2007, she would be recommending that the lease currently held by LS Power not be renewed and that the City's representative on the Port Commission be asked to take the matter back to the Port Commission, with the knowledge that the recommendation from the subcommittee might well be to dedicate the City's efforts to the decommissioning and demolition of the existing power plant and to then cooperate with the various agencies in finding a power plant off the bayfront. \~-S Page 5 - Council Agenda htto://www.chulavistaca.!<ov February 13, 2007 7. COUNCIL COMMENTS CounciImember Castaneda stated that once the subcommittee has met, it would be his intention to get formal action by the Council on the City's position on the lease agreement. He then thanked City staff, particularly the Recreation and Public Works Departments, who worked collaboratively with volunteer surgeons representing the American Academy of Orthopedic Surgeons to build an accessible playground facility at Eucalyptus Park with funding from the Kaboom grant program. Mayor Cox recognized Council Aide Wagner for her participation in the Eucalyptus Park event. Mayor Cox added that each year, the American Academy of Orthopedic Surgeons dedicates one day of its convention to build a park in a community. Deputy Mayor Rindone asked staff to monitor the numerous potholes resulting from the recent rains, particularly on E Street from Third Avenue to Love's Restaurant. He believed there were paving defects in that area. Deputy Mayor Rindone also said he would express his views on the power plant at the upcoming workshop. CounciImember Ramirez stated that the City Manager deliberation process should be a more public process to assist the Council move in a direction that ensures the best possible outcome for the City. He then complimented Mayor Cox on her one-on-one meetings with various community leaders and Councilmembers to provide them the opportunity to address issues and for her to get to know the community. CLOSED SESSION 8. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF GOVERNMENT CODE SECTION 54956.9 . Three cases No reportable action was taken on these items. 9. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Get Outdoors II, L.L.C. v. City of Chula Vista (Ninth Circuit Court of Appeals No. 05-56696) No reportable action was taken on this item. ADJOURNMENT At 8:55 p.m., Mayor Cox adjourned the meeting to the regular meeting of February 20, 2007 at 6:00 p.m. in the Council Chambers. ~w~~ Susan Bigelow, MMC, City Clerk \H-l.p Page 6 - Council Minutes htto:/ /www.chulavistaca.aov February 13, 2007 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 13,2007 6:00 p.m. A Special Meeting of the City Council of the City of Chula Vista was called to order at 7:02 p.m., in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: McCann (excused) CLOSED SESSION Mayor Cox announced that in the absence of Councilmember McCann, the following items would be postponed to the Council Closed Session Meeting of February 20, 2007. These items were not discussed and no action was taken. 1. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6(a) Unrepresented employee: City Manager ADJOURNMENT At 7:02 p.m., Mayor Cox adjourned the meeting to the Regular Meeting on February 20,2007 at 6:00 p.m. in the Council Chambers. - ~"4a..(...o - Susan Bigelow, MMC, \T-I