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HomeMy WebLinkAbout2009/07/14 Item 1DRAFT MINUTES OF A JOINT WORKSHOP OF THE CITY COUNCIL, GROWTH MANAGEMENT OVERSIGHT COMMISSION, AND PLANNING COMMISSION OF THE CITY OF CHULA VISTA March 5, 2009 6:00 P.M. A joint workshop of the City Council, Growth Management Oversight Commission and Planning Commission of the City of Chula Vista was called to order at 6:05 p.m. in the Community Meeting Room at Chula Vista Police Headquarters, 315 Fourth Avenue, Chula Vista, California. On roll call, there were: PRESENT: Councilmembers Bensoussan, Castaneda, and Ramirez, and Mayor Cox Growth Management Oversight Commissioners: Bazzel, Felber, Krogh, Lizarraga, Sutton Planning Commissioners: Felber, Moctezuma, Spethman, Thompson, Vinson, and Chair Tripp ABSENT: Councilmember McCann (excused) Growth Management Oversight Vice Chair Hall Planning Commissioner Clayton ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Records Manager Phazis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC HEARING -City Council, GMOC, Planning Commission REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2009 ANNUAL REPORT Each year, the Growth Management Oversight Commission submits its Annual Report to the Planning Commission and City Council regarding compliance with Threshold Standards for eleven quality-of--life indicators. The 2009 Annual Report covers the period from July 1, 2007 through June 30, 2008; identifies current issues in the second half of 2008 and early 2009; and assesses any threshold compliance concerns looking forward over the next five yeazs. The report discusses each threshold in terms of current compliance, issues, and corresponding recommendations. (Deputy City Manager/Director ofDevelopment Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the Time speciSed in the notice. Page 1 -Council Minutes http://www.chulavistaca.gov Mazch 5, 2009 ,~~ 1 ` l DRAFT PUBLIC HEARING -City Council, GMOC, Planning Commission (Continued) Planning Director Gazy Halbert introduced Associate Planner wander Bie, who provided the history and procedures of the Growth Management Oversight Commission (GMOC), as well as an overview of the eleven quality-of--life indicators that were reviewed by the GMOC. Associate Planner Vander Bie announced that an errata had been distributed that provided a correction to the table located on page 1-30 of staff's agenda statement (Police Priority I and Priority II threshold finding). Commissioner Krogh presented the annual report and the commission's findings. He reported that the commission found that eight out of eleven quality-of--life thresholds had been met for the 2007-2008 review period. He stated that the thresholds for Fiscal, Air Quality, Sewer, Water, Drainage, Parks and Recreation, Fire/Bmergency Medical Service, and Schools had been met; and those for Traffic, Libraries, and Police (Priority II -urgent) had fallen short of the threshold standazds. He provided the following recommendations to address issues or potential issues for each threshold: FISCAL: Develop a facility prioritization policy to be used as a basis for decisions on Public Facilities Development Impact Fee (PFDIF)-funded proposals. AIR QUALITY: Revise the threshold standard to include incremental, quantitative benchmazks, such as a benchmark to achieve a 20% decrease in cazbon emissions per capita. SEWER: Continue to pursue options for obtaining additional treatment capacity, or for constructing a wastewater reclamation plant. WATER: Continue to work with Otay Water District and Sweetwater Authority to maintain and track future development in order to continue to meet the water availability threshold. DRAINAGE: Continue to explore funding options to cover the cost of maintaining drainage channels. PARKS & RECREATION: 1) Revise the threshold standazd to be, "Three acres of park land, with appropriate facilities, shall be provided per 1,000 residents for new development City- wide." 2) Adopt a policy to require all new parks developed with funding from new residential growth west of Interstate 805 be developed within this azea. FIRE/EMERGENCY MEDICAL SERVICE: Continue to furnish data on call volume and response times since the transition to San Diego Dispatch. SCHOOLS: Both Chula Vista Elementary School District and Sweetwater Union High School District indicated that additional facilities would be required to accommodate growth in the next five years, and construction would begin when funding was available. POLICE: Continue to implement a successful action plan and use the highest technology available to reach threshold standazds. Page 2 -Council Minutes hup://www.chulavistaca.gov March 5, 2009 ~~ J DRAFT PUBLIC HEARING -City Council, GMOC, Planning Commission (Continued) TRAFFIC: 1) Continue to work with SANDAG on a grant to complete Palomaz Street improvements in fiscal year 2009/2010. 2) Provide information to the GMOC on the effects to overall traffic delays at Otay Lakes Road since the installation of upgrades to hardware and softwaze. 3) Continue to improve signal timing changes at Heritage Road. LIBRARIES: 1) Prepare a specific plan and time line for the replenishment of the library component of Public Facilities Development Impact Fee (PFDIF) funds, and plan for construction of the Rancho del Rey Library as soon as possible. 2) Designate construction of the Rancho del Rey Librazy the top priority of the five remaining Public Facilities Development Impact Fee-funded projects. Associate Planner Vander Bie provided staff s recommendation that the Planning Commission and the City Council adopt the proposed respective resolutions, and accept the errata as part of the report, correcting section 3.8 of the report. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she then closed the public heazing. Councilmember Bensoussan recommended that the Growth Management Oversight Commission include impacts to the City caused by lack of growth with its final report. Staff and GMOC members responded to questions from the Council and the Planning Commission regarding air quality, sewer capacity, water reclamation and desalination, and the provision of park land for new development. Planning Commissioner Moctezuma left the room at 720 p.m. Planning Commissioner Thompson suggested that when options for the Rancho del Rey Library are considered, that a financial analysis be done. He stated that he believed if there was a long- term lease, money would be available for the operation of a librazy. ACTION: Councilmember Castaneda moved to amend the GMOC's recommendation regarding the Librazies threshold replacing the word, "construction" with the word, "delivery," to read, "That the City Council designate deliverv of the Rancho del Rey Library the top priority of the five remaining PFDIF projects." Councilmember Ramirez seconded the motion, and it carried 4-0 with Deputy Mayor McCann absent. ACTION: Planning Commissioner Vinson moved to carry the motion by Councilmember Castaneda for the Planning Commission (to amend the GMOC's recommendation regazding the Libraries threshold replacing the word, "construction" with the word, "delivery," to read, "That the City Council designate deliverv of the Rancho del Rey Library the top priority of the five remaining PFDIF projects."). Commissioner Spethman seconded the motion, and it tamed 5-0, with Commissioners Moctezuma and Clayton absent. Planning Commissioner Moctezuma returned at 7:28 p.m. Page 3 -Council Minutes http://www.chulavistaca.gov March 5, 2009 /~ DRAFT PUBLIC HEARING -City Council, GMOC, Planning Commission (Continued) Discussion ensued regazding the threshold for Police Priority II calls, and the impacts of the Police Department's response to false alarms on compliance with the threshold. Councilmember Ramirez suggested asking the police officers how false alarms impacted their ability to respond to calls within the time period required by the threshold standazd. Discussion then took place regarding traffic calming measures as well as the process used to evaluate the appropriateness of set speed limits. ACTION: Planning Commissioner Vinson moved to adopt the following Planning Commission Resolution No. PCM-09-08, heading read, text waived: RESOLUTION NO. PCM-09-08, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING THE 2009 GMOC ANNUAL REPORT AND RECOMMENDING ACCEPTANCE BY THE CITY COUNCIL Commissioner Moctezuma seconded the motion, and it carried 6-0. ACTION: Councilmember Bensoussan moved to include Energy as a new quality-of--life threshold. Mayor Cox seconded the motion for discussion. Mayor Cox suggested that the GMOC look at this as a possible threshold in its top to bottom review of the process. ACTION: Councilmember Castaneda made a substitute motion to refer to staff to study potential impacts related to establishing Energy as a new quality-of--life threshold, which would include the ability of energy resources to supply the demand of new growth, and a report to the City Council that would include input from the Conservation staff. Councilmember Bensoussan seconded the substitute motion, and it carried 4-0. ACTION: Mayor Cox moved to adopt the following Resolution No. 2009-046, including the errata, heading read, text waived: RESOLUTION NO. 2009-046, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2009 GMOC ANNUAL REPORT, AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT REPORT RECOMMENDATIONS AS PRESENTED IN THE STAFF RESPONSES AND PROPOSED IMPLEMENTING ACTIONS SUMMARY Councilmember Ramirez seconded the motion, and it carved 4-0. Page 4 -Council Minutes http://www.chulavistaca.gov Mazch 5, 2009 ~~.~ DRAFT PUBLIC COMMENTS -Council, GMOC, Planning Commission There were none. CLOSED SESSION 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Mazcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups This item was pulled from the agenda. Mayor Cox adjourned the City Council meeting to March 10, 2009 at 6:00 p.m., in the Council Chambers; and the Growth Management Oversight Commission and Planning Commission meetings to their respective regulaz meetings. Mfy~ D/~S.cS+ Dorma R. Norris, C C, City Clerk Page 5 -Council Minutes http://www.chulavistaca.gov Mazch 5, 2009 /~~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 10, 2009 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett INVOCATION BY PASTOR RICHARD SCHMIDT Mayor Cox introduced Pastor Schmidt, who offered the invocation. PLEDGE OF ALLEGIANCE TO THE FLAG, LED BY COUNCILMEMBER PAMELA BENSOUSSAN Pastor Schmidt introduced Councilmember Bensoussan, who led the Pledge of Allegiance. AMERICA THE BEAUTIFUL BY ERIKA COHEN, HILLTOP HIGH SCHOOL SENIOR Pastor Schmidt introduced Erika Cohen, Hilltop High School senior, who sang America the Beautiful. WELCOME BY EMILY COX Emily Cox recognized and introduced the dignitazies present at the meeting. She then introduced Mayor Cox. STATE OF THE CITY ADDRESS BY MAYOR CHERYL COX Mayor Cox presented the State of the City Address. BENEDICTION BY PASTOR JONATHAN SINGLETON Mayor Cox introduced Pastor Singleton, who offered the benediction. ADJOURNMENT At 6:45 p.m., Mayor Cox adjourned the meeting to a reception and then to the Next Regulaz Meeting, Tuesday, March 17, 2009 at 6:00 p.m. in the Council Chambers. Lorraine Bennett, CMC, Deputy City Clerk Page I -Council Minutes March 10, 2009 /~ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 17, 2009 6:00 P.M. A Regulaz Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan (arrived at 6:03 p.m.), Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris, and Records Manager Phazis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY CHULA VISTA VETERANS ADVISORY COMMISSION CHAIRMAN AND CHULA VISTA VFW POST 2111 COMMANDER BOBBY R. PRICE, LT. USN (RET) OF CHUCK ANFUSO, VETERANS OF FOREIGN WARS DISTRICT 1 COMMANDER WHO WILL PRESENT CHULA VISTA FIRE FIGHTER TIMOTHY S. MEHRER WITH THE `VETERANS OF FOREIGN WARS NATIONAL FIREFIGHTER OF THE YEAR 2008-2009' AWARD FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY Fire Chief Hanneman introduced Commander Price, who recognized and congratulated Firefighter Mehrer for receiving this awazd. Commander Anfuso presented the award to Firefighter Mehrer. Mayor Cox announced that the Disabled Veterans of America, Chapter Two presented a check in the amount of $9,027 to the Chula Vista Veterans Home Support Foundation. CONSENT CALENDAR (Items 1-7) Item 1 was removed from the Consent Calendar, with Deputy Mayor McCann abstaining, and Item 6 was removed from the Consent Calendaz, with Councilmember Castaneda abstaining due to the proximity of his residence to the project. 1. This item was removed from the Consent Calendar. Page 1 -Council Minutes Mazch 17, 2009 ~~=` °~ DRAFT CONSENT CALENDAR (Continued) 2. A. RESOLUTION NO: 2009-047, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH OAKWOOD FOR MARQUIS PHASE 3, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO B. RESOLUTION NO. 2009-048, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH SHEA HOMES FOR AGAVE PHASE 11, AGAVE PHASE 12, AGAVE PHASE 13, CLOVER PHASE 6 AND MOSAIC PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO C. RESOLUTION NO. 2009-049, RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT (`AGREEMENT') WITH CORNERSTONE COMMUNITIES FOR ANDORRA PHASE 7 AND PALMA AT ROLLING HILLS RANCH MODEL UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. In December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered. The Ordinance establishing a payment plan was approved by the City Council and became effective on February 6, 2009. This is the first of several payment plan agreements to be entered into pursuant to the Ordinance. (Deputy City Manager/Development Services Director, Public Works Director) Staff recommendation: Council adopt the resolutions. 3. RESOLUTION NO. 2009-050, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND APPROVING THE THIRD AMENDMENT TO A THREE-PARTY AGREEMENT WITH ANTHONY J. LETTIERI, FAICP, CONSULTANT, AND MCMILLIN OTAY RANCH, LLC, APPLICANT, FOR CONSULTING SERVICES ON THE EASTERN URBAN CENTER PROJECT Page 2 -Council Minutes Mazch 17, 2009 /+C. ° .~. DRAFT CONSENT CALENDAR (Continued) Adoption of the resolution approves the third amendment to a three-party agreement with Anthony J. Lettieri, FAICP, Consu]tant, and McMillin Otay Ranch, LLC, Applicant for consulting services on the EUC. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2009-051, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS The Meyers-Milias-Brown Act as contained in California Government Code sections 3500-3511 provides for the orderly administration of employer-employee relations. It states that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organizations regazding wages, hours, and other terms and conditions of employment (Human Resources Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2009-052, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $87,252 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 2009-2010, 14TH CYCLE, AND AMENDING THE FISCAL YEAR 2010 WASTE MANAGEMENT AND RECYCLING BUDGET (4/STHS 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 from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments 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, Nationa] City and Lemon Grove. (Public Works Director) Staff recommendation: Council adopt the resolution. 6. This item was removed from the Consent Calendaz. Page 3 -Council Minutes March 17, 2009 /~ ~~ DRAFT CONSENT CALENDAR (Continued) RESOLUTION NO. 2009-054, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A TICKET DISTRIBUTION POLICY Effective February 7, 2009, the Fair Political Practices Commission amended Regulation 18944.1, addressing tickets for admission to entertainment or recreational events distributed by an agency to, or at the behest of, its officials. The recommended policy is intended to comply with the new regulation. (Assistant City Manager) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz Items 2, 3, 4, 5 and 7, headings read, text waived. Deputy Mayor McCann seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR WRITTEN COMMUNICATIONS Memorandum from Councilmember John McCann requesting excused absences from the City Council Meetings of Mazch 3, 2009 and Mazch 5, 2009. Staff recommendation: Council excuse the absences. ACTION: Mayor Cox moved to excuse the absences. Councilmember Castaneda seconded the motion and it carried 4-0-1, with Deputy Mayor McCann abstaining. 6. RESOLUTION NO. 2009-053, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO ARAMARK CORRECTIONAL SERVICES, LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Police Department, with the assistance of the Purchasing Division, has completed the evaluation of proposals received for Food Prepazation and Delivery Services (RFP 04- 08/09) for the Chula Vista Police Department City Jail. Adoption of the resolution accepts proposals, awards the agreement to Aramark Correctional Services, LLC and authorizes the Mayor to execute the agreement. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to adopt Resolution No. 2009-053, heading read, text waived. Deputy Mayor McCann seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Page 4 - Counci] Minutes March 17.2009 ~~ DRAFT PUBLIC COMMENTS Tom Picazd, San Diego resident, and Landscape Architect, representing the Building Industry Association (BIA), spoke about the impacts of the economy on the building industry. He thanked the Council for providing incentives to remain in business, and asked the Council to work with the BIA to reinvigorate the economy. James Greco, Encinitas resident, encouraged private and public sectors to work closely together to help the building industry through its difficult times. Kim Hosking, San Diego resident, asked the Council to work with the BIA and help builders by creating more jobs. Tina Vasquez, San Diego resident, echoed the comments by prior speakers to keep the building industry going and to retain jobs. Bob Cummings, Cazlsbad resident, representing the BIA, and San Diego Division President for Barrett American Homes, which recently filed bankruptcy under Chapter 11, thanked the Council for its proactive efforts with job creation in the building industry, and he urged the Council to meet with BIA officials to discuss further solutions to bring jobs back to the City. Laura Hunter, representing Environmental Health Coalition (EHC) stated her opposition to a letter submitted by Assistant City Manager Tulloch to the California Energy Commission (CEC) about the proposed MMC peaker plant. She asked the Council to retract the letter. Reiner Leal, Chula Vista resident, announced a newly formed organization, Chula Vista's Civic Association, an outreach program for young voters, and he read the association's mission statement. Larry Breitfelder, Chula Vista resident, representing the Chula Vista Taxpayers Association, spoke in opposition to the proposed Proposition A sales tax increase. He asked that community members on both sides of the measure treat each other with respect. He also stated that the association could co-host a gathering after the May 5 election to have a dialogue on what to do after the voters make their decision. Mazgazet Tuite, Chula Vista resident, asked the Council to retract the letter to the CEC regazding the proposed MMC peaker power plant. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the City's letter to the CEC regarding the proposed MMC peaker power plant, and she asked the Council to retract the letter. Ed Herrera, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed MMC peaker power plant, and asked that the City retract its letter to the CEC. He also spoke in opposition to Proposition A. Page 5 -Council Minutes Mazch 17, 2009 ~Ca " DRAFT PUBLIC COMMENTS (Continued) Guillermo Lopez, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant. Cazlos Lopez, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant. Diana Vera, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant. Bibiano Grackman, Chula Vista resident, representing Environmental Health Coalition, spoke in opposition to the proposed MMC pecker power plant, and asked the Council to retract its letter to the CEC. Eazl Jentz, Chula Vista resident, representing the South Bay Forum, spoke in opposition to the proposed MMC pecker power plant and he asked the Council to send a letter to the CEC stating that this was the wrong location for expansion of the pecker power plant. Leticia Ayala, Chula Vista resident, spoke in opposition to the proposed MMC pecker power plant, and she asked the City to retract its letter to the CEC regazding the power plant. Bob Bauer, San Diego resident, stated that there is an increased need for energy, and commented on the City's letter to the CEC about the proposed MMC pecker power plant, and pointed out that the letter was not a position statement for or against, but clarification of the City's ability to have flexibility. Dre-Anna Anderson, asked the Council to sponsor her participation as Chula Vista representative in the Miss Teen San Diego Pageant. Isabelle Espino, Chula Vista resident, spoke in opposition to Proposition A. Mitch Thompson, Chula Vista resident, stated that he was speaking neither for nor against the proposed MMC pecker power plant, but stated that he had concerns with some of the rationale in the letter. He applauded the Council on its efforts to create transparency with its constituents. He also spoke in support of Proposition A. City Manager Sandoval stated that the letter to the CEC was not intended to advocate for the MMC proposal. He then explained the rationale for the letter, stating that clarification was needed in two areas: 1) Correct interpretation of the City's zoning laws; and 2) the provision of mitigation measures to the community if the project were approved by the CEC. Councilmember Bensoussan requested Council consideration to place the matter of the City's letter to the CEC oxi the next Council agenda for discussion. Councilmember Ramirez spoke in support of the request by Councilmember Bensoussan to place the matter on an agenda. Page 6 -Council Minutes March 17, 2009 ~~ d. DRAFT PUBLIC COMMENTS (Continued) Councilmember Castaneda commented that the letter did not state a Council position. He agreed that the matter could be placed on an agenda, but stated that state experts should weigh in on the discussion. Councilmember Bensoussan stated for the record, that she was disappointed that the letter to the CEC was not provided to the Energy Subcommittee. Mayor Cox suggested that in prepazation of an agenda item on the matter, that Councilmember Castaneda consult with City Manager Sandoval to address his concerns, and those of Councilmembers Bensoussan and Ramirez. City Manager Sandoval stated that the matter would be placed on a Council agenda prior to the CEC meeting on April 13, 2009. PUBLIC HEARINGS 8. CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020) OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315 THIRD AVENUE The applicant is appealing the Chula Vista Redevelopment Corporation decision denying a conditional use permit for a small recycling center located at 1315 Third Avenue. TOMRA has requested modifications to its CUP application to address some of the issues that were the basis for the denial of the CUP by the CVRC. The changes, described in detail in the report, include moving the recycling center back to its previously approved location, limiting the hours of operation and providing on-site personnel during all hours of operation. This item was continued from the meetings of January 27, 2009 and Mazch 3, 2009. (Deputy City Manager/Development Services Director) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), AND APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT ] 315 THIRD AVENUE IN THE CITY OF CHULA VISTA Notice of the heazing was given in accordance with legal requirements. Director of Planning and Building Halbert provided an overview of the current status of the conditional use permit application. He stated that the Chula Vista Redevelopment Corporation had denied the initial permit, but that the applicant had made adjustments since that time. Since the adjustments were made, he stated that staff recommended that the Council reverse the decision by the Chula Vista Redevelopment Corporation and approve the permit. Page 7 -Council Minutes Mazc6 17, 2009 ~E.. DRAFT PUBLIC HEARINGS (Continued) Senior Planner Walker provided an explanation of the applicant's request, and recommended that the Council approve the permit, subject to the conditions in the proposed resolution. Mayor Cox opened the public heazing. Colleen Daley, Chula Vista resident, spoke in opposition to the conditional use permit, citing associated issues with homelessness, trash, and stealing in the neighborhood. Mauricio Chamat, Chula Vista resident, representing Villa Tempra Homeowners Association, spoke in opposition to the proposed conditional use permit, stating that the azea residents' properties and privacy rights were being violated by the homeless accessing trash for recyclable items. He encouraged the Council to deny the conditional use permit. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, stated that she was sympathetic to the residents, but the City needed to reach out to businesses. She stated that if the conditions of the permit were met, the residents' concerns would be solved. She suggested adding a condition that would require anyone using the recycling center to show identification. Reiner Leal, Chula Vista resident, spoke in support of the conditional use permit, but suggested that the City find solutions to the problems related to the homeless people. He also provided information related to state mandates for recycling centers to be neaz grocery stores. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Joe Perez, Corona resident, representing TOMRA, requested that the Council approve the conditional use permit. Discussion ensued regazding the impacts to the residents in this azea that were caused by the homeless population at the recycling center. Councilmember Castaneda suggested for the future, that staff response and tumazound times for corrective measures be improved. Furthermore, he requested that staff provide cleazer copies of illustrated documents in their reports to Council. He asked, and staff confirmed, that should the recycling center be shut down, there would be other avenues for retailers in the area to pursue in terms of meeting their recycling requirements. Councilmember Bensoussan asked staff if the applicant would be a candidate for a short term permit that could be renewed if no further complaints were received. Director Halbert responded that ashort-term expiration date could be placed on the permit with Council approval. Page 8 -Council Minutes Mazch 17.2009 J~~tl DRAFT Mayor Cox asked staff about other ways for the grocery store to meet its recycling requirements. Environmental Services Program Manager Lynn France responded that reverse vending machines could be set up. Mayor Cox noted that this business had been in place since 2004, and that the problems for the residents in the azea had not been addressed by those running the business. She stated that TOMRA had made some changes to mitigate the problems, but she didn't want the residents to continue to deal with these issues. She then suggested that the Council consider approval of staff's recommendation, amended to limit the conditional use permit for 90 days, and if any of the conditions were not met, that the consequences be swift. Deputy Mayor McCann stated that the problem was continuous, and that the responsibility was that of the business, not the azea residents. Councilmember Castaneda stated that he was not convinced that the issues would be resolved in 90 days. Mr. Perez stated that it was not the recycling center creating the issue of vagrants, but that it was a citywide problem. Councilmember Ramirez stated that he did not believe that a 90-day conditional use permit would resolve the bigger problems. ACTION: Councilmember Ramirez moved to deny the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), AND APPROVING CONDITIONAL USE PERMIT (PCC-08-020) TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315 THIRD AVENUE IN THE CITY OF CHULA VISTA Deputy Mayor McCann seconded the motion. City Attorney Miesfeld clarified that voting `yes', on the resolution as stated above, and as read by the City Clerk, would approve the CUP. Mayor Cox clarified that the motion was to deny the resolution. Deputy Mayor McCann suggested restating the motion to remove the word `reversing' in the resolution, to `upholding'. Councilmember Castaneda suggested two sepazate resolutions, with one to deny the appeal and one to do the opposite. City Attorney Miesfeld suggested that the resolution title be amended as follows: Page 9 - Counci] Minutes Mazch 17.2009 ~+ - / DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPHOLDING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020). ACTION: Councilmember Ramirez moved to approve the following amended Resolution No. 2009-103, heading read, text waived: RESOLUTION NO. 2009-103, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPHOLDING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020) Deputy Mayor McCann seconded the motion and it carried 5-0. OTHER BUSINESS 9. CITY MANAGER'S REPORTS City Manager Sandoval gave an update on staff s work with the City of National City staff to create an memorandum of understanding for processing a development proposal by Sudberry Properties for a retail site that would include a Lowe's and other businesses. 10. MAYOR'S REPORTS Ratification of the appointment of Carl Harry as Development Representative to the Growth Management Oversight Commission. ACTION: Mayor Cox moved to ratify the appointment of Cazl Harry to the Growth Management Oversight Commission. Deputy Mayor McCann seconded the motion and it carried 5-0. Mayor Cox announced that work between City staff and Congressman Filner regazding several items on the Omnibus Appropriations bill that was passed by the Senate, had resulted in the City's receipt of $95,000 towazds renovations to the existing Civic Center Library Veterans wing, and $237,500 for a light rail corridor study. She also announced the `Sunset Safari' Nature Center fundraiser event on March 28, 2009 at 5:00 p.m., and the June 6, 2009 Fun Walk at the Olympic Training Center with proceeds benefiting the Chula Vista Animal Shelter, Friends of Recreation, and Chula Vista libraries. 11. COUNCILMEMBERS' COMMENTS Deputy Mayor McCann spoke about the recent ]0-year anniversary of the Veterans Home Foundation, and he requested that staff prepaze a proclamation for presentation at the upcoming Veterans Home Foundation Meeting. He talked about his recent naval reserve duty on the USS Nimitz, and expressed his gratitude of the hospitality by the ship's crew. He spoke about the opportunity for members of the public to purchase a brick, personalize it, and have it placed on the Veteran's Walk of Honor. He then stated he was optimistic about the City's future. Page 10 -Council Minutes Mazch 17, 2009 DRAFT COUNCILMEMBERS' COMMENTS (Continued) Councilmember Castaneda announced that he and Councilmember Bensoussan would be holding a meeting to look at establishing a network of community gazdens on Mazch 18th, 11:00 a.m., in the City Hall Executive Conference Room, and he invited any interested community members to attend. He invited any interested volunteers to South Bay Community Services `Day of Service' event on Mazch 21, 2009. He congratulated the Eastlake High School robotics team on its first place win at the 2009 regional robotics competition, and announced that anyone interested in making a donation towards the team's travel to compete in Atlanta, may make a tax deductible check payable to EEF or Eastlake Robotics, c/o Eastlake Educational Foundation, P.O. Box 210004, CV 92121. He wished everyone a happy St. Patrick's Day. He spoke regarding Proposition A, and asked the City Attorney to return next week with a resolution for Council consideration stating the Council's position on having a confirmation by the Chula Vista voters five years after the sales tax increase was initiated. He asked staff to make a request to the White House Press Office for an official picture of President Obama to be displayed in a prominent location in City Hall. Councilmember Bensoussan requested staff to return to Council with an agenda item to poll the Council for support of advancement of the Bayfront project, by encouraging the land swap and moving forward with the envirotunental impact report process. A. Councilmember Bensoussan -Request for discussion and direction on Proposed Outline for Establishment of an Independent Advisory Boazd (Prop A Advisory Committee - PAAC) to oversee the allocation of funds received from the sales tax increase (Prop A) assuring that these funds aze spent according to the stated intent of the May 5 ballot measure and to make recommendations and regulaz reports to City Council. Councilmember Bensoussan requested that the Council consider adopting proposed principles for formation of a Prop A Independent Advisory Committee. She then presented the proposed principles. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, suggested that the proposed committee be involved with oversight of the City's budget process. Ed Herrera, Chula Vista resident, representing Southwest Chula Vista Civic Association, stated that formation of such a committee was a last minute effort to create a cosmetic form of accountability. He stated that there would be no assurance to the community on how funds from Prop A would be spent. Mitch Thompson, Chula Vista resident, spoke in support of the proposed committee, and the need for transparency throughout the process. Councilmember Ramirez spoke in support of formation of a Prop A Advisory Committee, and suggested that the committee be formed prior to the ballot mail-out in April. He suggested narrowing down the proposed committee principles in order to reach a decision within the next week.. Page 11 -Council Minutes Mazch 17, 2009 C... ' ~I DRAFT COUNCILMEMBERS' COMMENTS (Continued) Councilmember Castaneda suggested that the proposed committee look at the budget with respect to the revenues from Prop A, and if necessary to determine those revenues, the budget as a whole. Deputy Mayor McCann stated that since he was opposed to Prop A, he would be recusing himself from participation on the matter, and he left the dais at 9:52 p.m. Mayor Cox suggested that the Council address each principle sepazately. It was the consensus of the Council to approve the proposed principles for committee purpose as amended: 1) Maintenance of vital, at risk, public services; 2) Address infrastructure maintenance deficiencies; 3) Slowly build up general fund reserves. Councilmember Ramirez suggested adding language to provide oversight of long term fiscal well being. There was Council consensus to add a fourth point to indicate that the proposed committee would recommend to the Council measures that would be taken once reserves were restored, and at what point the Council could begin to use the reserves. It was the consensus of the Council to approve the principles for the format of the committee, as amended: 1) Bottom up committee formation, as opposed to top down; 2) Wide representation from interest groups and geographical azeas, as well as interested individuals who were not part of a group; 3) Desirable skill sets (not required) such as familiarity with finance (CPA), planning infrastructure and budget processes; 4) Members must reside, or work, in a business in Chula Vista. 5) Broad representation from interest group categories, such as local businesses, community, workers, educational, professional, seniors, youth, environmental, community health, public safety, different Chula vista geographical azeas; It was the consensus of the Council to approve the principles for the conduct of meetings as amended: 1) Meetings held in accordance with Brown Act requirements; 2) Meetings be held frequently, coinciding with the budget process cycle; 3) The committee should work closely with the City Manager and Finance Department; 4) Provide quarterly reviews and annual reports to Council, coinciding with the City Treasurer's financial reports. The proposed principles for the five yeaz study were to provide the Council with amid-term report to examine if the sales tax rate should be adjusted, or if the tax increase period should be shortened, terminated, or continued. City Attorney Miesfeld stated he could add to the resolution, previously requested by Councilmember Castaneda, a request for the committee to provide the Council with a report well in advance of the five-yeaz point for consideration. City Attorney Miesfeld stated that he would provide a legal opinion regazding the legality of adjusting the rate or the duration of the tax increase. Page 12 -Council Minutes March 17, 2009 lC'~I DRAFT COUNCILMEMBERS' COMMENTS (Continued) Mayor Cox asked City Clerk Noms to work with Councilmember Bensoussan on the guiding principles and to place the revised document on the agenda for the March 24, 2009 Council Meeting. B. Councilmember Ramirez -Request for consideration to endorse the 2nd Annual International Friendship Games, to be held May 9, 2009 at Mater Dei Catholic High School, as a City of Chula Vista event. Councilmember Ramirez talked about the upcoming event and related activities, stating that no City funds would be used for the event. ACTION: Councilmember Ramirez moved to request Council endorsement of the 2nd International Friendship Games on May 9, 2009. Mayor Cox seconded the motion and it carried 4-Q with Deputy Mayor McCann absent from the dais. Mayor Cox recessed the meeting to convene in Closed Session at 10:21 p.m. CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1) Felix Espino v. City of Chula Vista, et al., United States District Court, Case No. OScv2321-WQH (POR); ACTION: No reportable action was taken on this item. 2) Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court, Case No. 06 CV 1460 JAH(BLM) and, ACTION: No reportable action was taken on this item. 3) Deanna Mory, et al. v. City of Chula Vista, et al., United States District Court, Case No. 07-CV-0462 JLS (BLM) ACTION: No reportable action was taken on this item. ADJOURNMENT At 10:45 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of Mazch 24, 2009 at 6:00 p.m. in the Council Chambers. i Dom- D Donna R. Norris, C C, City Clerk Page 13 -Council Minutes Mazch 17, 2009 is-~~