HomeMy WebLinkAbout2009/11/03 Item 1
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 14,2009
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT:
Council members Bensoussan, Castaneda, Ramirez, and Mayor Cox
ABSENT:
Councilmember McCann
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Norris,
and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY KELLEY BACON, DIRECTOR OF HUMAN RESOURCES, OF
EMPLOYEE OF HIE MONTH, EMMA McCLEES. SR. RISK MANAGEMENT
SPECIALIST
Human Resources Director Bacon introduced employee of the month, Emma McClees. Mayor
Cox then read the proclamation and Councilmembcr Ramirez presented it to Emma.
. PRESENTATION BY CATHERINE HOCKMUTH, MEDIA ADVOCACY
SPECIALIST, AND ERICA BELANDRES, COMMUNITY ORGANIZER OF THE
INSTITUTE FOR PUBLIC STRATEGIES, OF THE SECOND ANNUAL
COMMUNITY REPORT ON THE "SOUTH BAY COMMUNITY CHANGE
PROJECT"
Captain Miranda introduced Ms. Hockmuth and Ms. Belandres, who gave a report on the South
County Community Change Project.
In response to a request by Mayor Cox, City Manager Sandoval explained that agenda item 15
was being continued because staff had heard many questions and concerns from the public on the
matter. and had requested time to further review the issues. He stated that the matter would be
brought back to the Council at a future date.
Item 20B was taken out of order and addressed at this time.
20 B. MAYOR'S REPORTS: Update from Port Commissioner William Hall.
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July 14,2009
DRAFT
MA YOR'S REPORTS: Update from Port Commissioner William Hall (Continued)
Commissioner Hall provided an update regarding the City's bayfront plan. He reported that
progress had been made towards the removal of the Run Must Run (RMR) status of the peaker
power plant. He recognized City staff for its part in the success of crafting an agreement that
would allow the City, the Port District, and Pacifica to have enabling provisions as well as a
funding line to help build parks, remediate contamination problems on the bayfront, and
construction site preparation. Mr. Hall reported that the Port District had met on July 7, 2009
and took the following actions: 1) authorized basic framework for a land exchange agreement
with Pacifica; 2) established conditions for the basic framework; and 3) authorized a 90-day
negotiating period to establish a definitive agreement, to be reviewed by the Port Commission
every 30-days, to ensure progress was being made. He further stated that communications
remained strong between all parties, and the deadlines relative to Pacifica negotiations had been
met thus far. He stated that he was satisfied that the Port District, City, and Pacifica were
treating the Bayfront Mas'ter Plan as a priority, He commented that prior to development of
parcels H13, H14, and HIS, there needed to be entitlements for residential development, with an
associated remediation plan to address clean up and funding strategies.
Councilmember Ramirez asked Commissioner Hall for a synopsis on the next steps.
Commissioner Hall responded that the next issue was to reach a definitive agreement within the
90-day period, paralleled with remediation of the L Ditch clean up. To that end, he stated that all
parties agreed that clean up of the environmentally contaminated site was necessary, and it
looked as though a negative declaration could be achieved without an Environmental Impact
Report (EIR) process, reducing the timeline for the process by 18-24 months. He provided a
target timeline of late fall to early December to present the EIR to the Port for certification.
Following a certified EIR, with a definitive agreement with Pacifica, then the City could move
forward with executing the land swap.
CONSENT CALENDAR
(Items 1-13)
1. APPROVAL OF'MINUTES of the Council Workshop of March 5, and the Regular
Meetings of March 10, and March 17,2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICA nONS
Letter of resignation from Dr. Christopher Searles, Board of Ethics
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2009-160, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL
SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR
ALL LOCAL PUBLIC SAFETY FIRE (IAFF), MEMBERS OF THE CALIFORNIA
PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS)
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July 14, 2009
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DRAFT
CONSENT CALENDAR (Continued)
In an effort to significantly reduce the fiscal year 2010 and 2011 general fund budget by
reducing the number of bencfited employees throughout the organization, staff is
proposing that Council grant another two years additional service credit for the
International Association of Fire Fighters (IAFF) eligible employees only, and provide
for a limited medical incentive program for those that retire during the prescribed 90-day
period. Adoption of the resolution offers this benefit to all Local Public Safety
employees represented by the IAFF bargaining group effective July 14, 2009. (Director
of Human Resources)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2009-161, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING A PERIOD FOR TWO YEARS ADDITIONAL
SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR
ALL LOCAL MISCELLANEOUS AND ALL LOCAL PUBLIC SAFETY POLICE,
MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
(CALPERS)
In an effort to significantly reduce the fiscal year 2010 and 2011 general fund budget by
reducing the number of benefited employees throughout the organization, staff is
proposing that Council grant another two years additional service credit for all Local
Miscellaneous and all Local Public Safety Police and provide for a limited medical
incentive program for those that retire during the prescribed 90-day period. Adoption of
the resolution offers this benefit to all Local Miscellaneous and all Public Safety Police
members effective July 14,2009. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
5. A. RESOLUTION NO. 2009-162, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
MAINTENANCE AGREEMENT BETWEEN K. HOVNANIAN AT BELLA LAGO,
BELLA LAGO, LLC, AND THE CITY OF CHULA VISTA FOR THE BASIN
MAINTENANCE, GRADING MITIGATION, EROSION, SEDIMENTATION, AND
NPDES COMPLIANCE WITH THE BELLA LAGO PROJECT AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2009-163, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE GRANT OF
EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT
NO. 03-03, BELLA LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC,
AND BELLA LAGO, LLC, AND THE CITY REGARDING MAINTENANCE OF
PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT OF WAY
C. RESOLUTION NO. 2009-164, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDMENT TO SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 03-03, BELLA
LAGO, BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, AND BELLA LAGO,
LLC, AND THE CITY
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DRAFT
CONSENT CALENDAR (Continued)
K. Hovnanian would like to donate Lot "G" of Bella Lago Map No. 15339 to the U.S.
Fish and Wildlife Service. In order to complete the donation, Lot "G" must be excluded
from all agreements, therefore title must be free of all encumbrances by the City of Chula
Vista and K. Hovnanian through Council approval and a recorded resolution. The City of
Chula Vista, Bella Lago LLC, and K. Hovnanian desire to extend the term of the
Subdivision Improvement Agreement for a period of two additional years. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2009-165, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHULA VISTA TRACT NO. 92-02A,
ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD lOB RESTATEMENT
AND ASSIGNMENT AGREEMENT BY MCMILLIN ROLLING HILLS RANCH,
LLC AND K. HOVNANIAN AT BELLA LAGO, LLC
On December 6, 2006, K. Hovnanian purchased Neighborhood lOB from McMillin. K.
Hovnanian is providing the City with replacement to secure certain commitments made
by McMillin pursuant thereto to the City for the Property. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2009-166, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $36,088 FROM THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL, AND APPROPRIATING SAID FUNDS TO
THE FISCAL YEAR 2009/2010 BUDGET OF THE POLICE DEPARTMENT (4/5THS
VOTE REQUIRED)
The Chula Vista Police Department (CVPD) has recently received notice of a grant
award in the amount of $36,088 from the Department of Alcoholic Beverage Control
(ABC). This one-year project will target ABC licensees that continually fail to comply
with ABC and city regulations, particularly those that allow minors access to alcohol and
serve alcohol to intoxicated patrons. The Police Department Special Investigations Unit
will conduct ABC enforcement strategies and provide training and resources for officers,
businesses, and the public. The objective of this program is to proactively target ABC
problem locations based on intelligence gathered by surveillance, CVPD county data
sources, and community partners. (Chief of Police)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2009-167, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2009 -
EASTLAKE P ARKW A Y, EAST NAPLES STREET, MELROSE A VENUE OVERLAY
(STL335C/STM366)" PROJECT TO SUPERIOR READY MIX CONTRACTING AND
PAVING, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNDS IN THE PROJECT
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DRAFT
CONSENT CALENDAR (Continued)
On June 29, 2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program fiscal year 2009 Eastlake Parkway, East Naples Street, Melrose
Avenue Overlay (STL-33SC)" project. This project consists of the roadway
rehabilitation of the above-mentioned streets through the application of an Asphalt
Concrete (AC) Overlay. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2009-168, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "I' A VEMENT REHABILITATION PROGRAM FISCAL YEAR 2007/2008 TYPE
II RUBBERIZED EMULSION AGGREGATE SLURRY (REAS) (STL33SE)"
PROJECT TO PAVEMENT COATINGS COMPANY IN THE AMOUNT OF $S48,439,
AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $200,000
FROM THE "PAVEMENT REHABILITATION PROGRAM, FISCAL YEAR
2006/2007 (STL340) TO STL33S, AND AUTHORIZING THE EXPENDITURE OF
ALL A V AILABLE FUNDS IN THE PROJECT (4/STHS VOTE REQUIRED)
On June 10,2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program fiscal year 2007/2008 Type II Rubberized Emulsion Aggregate
Slurry (REAS) (STL33SE)" project. This project consists of the application of REAS
seal coat to various streets in the City. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2009-169, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2007/2008 CHIP
SEAL WITH MODIFIED POLYMER ASPHALT SURFACE SEALER (PASS)
(STL33SD/STL346)" PROJECT TO COPP CONTRACTING, INCORPORATED IN
THE AMOUNT OF $916,9S6.43 AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
On June 24, 2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program tiscal year 2007/2008 Chip Seal with Modified Polymer Asphalt
Surface Sealer (I' ASS) (STL-33SD)" project. This project consists of the application of
chip seal with I' ASS to various streets in the City, in which removal and replacement of
failed asphalt concrete pavement (dig-outs) was performed by another contractor (Frank
& Sons, Inc.), under a separate contract. (Director of Public Works)
Stall recommendation: Council adopt the resolution.
II. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER IS.04,
SECTION IS.04.22S, AND CHAPTER 18.16, SECTION 18.16.310, OF THE CHULA
VISTA MUNICIPAL CODE (FIRST READING)
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DRAFT
CONSENT CALENDAR (Continued)
Currently, the City's Municipal Code requires retention of surety bonds associated with
land development projects until all work has been completed and a notice of completion
is filed with the County Recorder. Adoption of the ordinance would allow the Director of
Public Works to reduce grading, landscape and irrigation and faithful performance bonds
up to 75% of the original bond amount if the work is deemed substantially complete.
(Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
12 A. RESOLUTION NO. 2009-170, RESOLUTION OF THE CITY COUNC[L OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES
DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-1,
08-1, 08-M, 09-M, II-M, 12-1, 12-M, 13-1, AND 13-M; AND DELEGATING TO THE
CITY MANAGER OR DESIGNEE, THE AUTHORITY TO ESTABLISH THE
SPECIAL TAX FOR EACH DISTRICT
B. RESOLUTION NO. 2009-171, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL
TAXES FOR FISCAL YEAR 2009/2010 WITHIN COMMUNITY FACILITIES
DISTRICTS 06-1 AND 07-M AND DELEGATING TO THE CITY MANAGER OR
DESIGNEE, THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH
DISTRICT
C. RESOLUTION NO. 2009-172, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2009/2010 BUDGET BY
APPROPRIATING $25,000 FROM COMMUNITY FACILITIES DISTRICT 13-M
AND REDUCING THE APPROPRIATION FOR COMMUNITY FACILITIES
DISTRICT 98-1 BY $25,000 (4/5THS VOTE REQUIRED)
Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Years
1998-2007. Each year, a special tax must be levied in each of the districts to pay for the
maintenance of open space preserve areas and maintenance of other public facilities, or to
repay bondholders. The present item will authorize the levy of maximum special taxes
for CFDs 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-1,
07-1, 07-M, 08-M, 08-1, 09-M, II-M, 12-1, 12-M, 13-1 and 13-M. In addition to
authorizing the levy of the maximum special taxes, this item will also amend the fiscal
year 2009-2010 budget and appropriate $25,000 out of the available fund balance ofCFD
13-M and reduce the appropriation for CFD 98-1 by that same amount. (Director of
Public Works)
Staff recommendation: Council adopt the resolutions.
13. RESOLUTION NO. 2009-173, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE TRANSPORTATION DEVELOPMENT
ACT GRANT OF $78,920 FOR THE PEDESTRIAN TRAFFIC SIGNAL UPGRADE
IMPROVEMENTS, APPROPRIATING THE FUNDS TO EXISTING TF-348 CIP
PROJECT, AND AUTHORIZING THE CITY ENGINEER TO PROCEED WITH
WORK (4/5THS VOTE REQUIRED)
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DRAFT
CONSENT CALENDAR (Continued)
On January 23, 2007, the City Council approved the submittal of a Transportation
Development Act (TDA) grant application for a pedestrian traffic signal upgrade
improvements project to the San Diego Association of Governments (SANDAG) for
fiscal year 2007/2008. On June 22, 2007, the SANDAG Board approved the allocation
of $778,920 of TDA funds to the City, for pedestrian traffic signal upgrade
improvements. The proposed project consists of upgrading pedestrian crossing signal
facilities at twelve (12) intersections within the public right-of.way that directly serve
schools in western Chula Vista. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
ACTION:
Mayor Cox moved to approve staffs recommendations and offered Consent
Calendar Items 1-13, headings read, text waived. Councilmember Castaneda
seconded the motion, and it carried 4-0.
Councilmember Ramirez stated that, regarding Item 2, he had accepted Dr. Searle's resignation
with deep regret, stating that Dr. Searles was a talented person who had made great contributions
to the issues before the Board of Ethics, and he wished him the best of luck in his future
endeavors.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Axa Schnorr, Chula Vista resident stated that she was concerned about the safety of her family
because there are sex offenders residing within three blocks of her home. She stated she had
built a six-foot fence on her property, but was required by the City to take the fence down. She
requested that Council change the City's code to allow her to maintain a safe place for her
children. Mayor Cox referred the matter to Police Department staff.
Isabelle Espino, Chula Vista resident, spoke in opposition to reduced library hours at the
EastLake Library.
Steve Eastis, Chula Vista resident, representing the Third A venue Village Association (T A V A),
announced the upcoming T A V A Village Fivc concert series beginning July 15,2009 at 6:30 p.m.
at Memorial Bowl. He also announced the Lemon Festival in August and the Starlight Parade in
December.
Steve Molski, Chula Vista resident, spoke about Assembly Bill 761, regarding mobilehome rent
control that passed by one vote without local representation. He stated there was a need for local
representation for mobilehome park residents, and more support from the City.
Barbara Nunnelee, Chula Vista resident, asked the Council to assist local mobilehome residents
who had City-issued vouchers by extending those vouchers while they waited to be placed on
Section 8.
Emilia Perez, Chula Vista resident, representing Bayseene Mobilehome Park, asked for
protection for mobilehome park residents prior to rezoning of Jade Bay.
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July 14,2009
DRAFT
PUBLIC COMMENTS (Continued)
Pat Lopez, Chula Vista resident, stated that a loophole existed in the mobilehome ordinance that
resulted in neither the park owner nor the operator being responsible for relocation costs for
affected mobilhome residents. She stated that relocation plans and approval by Council should
precede park closure and/or rezoning.
Candelaria Orzco, Chula Vista resident, asked the Council to seek a better solution to assist
mobile home residents who would be losing their homes.
Gloria Faunce, Chula Vista resident, stated there was a need to protect mobilehome park
residents against relocation requirements, commenting that mobilehomes cannot be moved, and
wouldn't be accepted into other parks.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
spoke about the ownership and management of Jade Bay Mobilehome Park, stating that
something has to be done to prevent similar problems for mobilehome residents.
Germaine Johnson, Chula Vista resident, representing Palace Gardens Mobilehome Park, spoke
in opposition to any changes to the mobilehome park.
Sheldon Goldie, Chula Vista resident, asked for Council assistance in keeping housing affordable
for mobilehome residents and to let them live in peace.
Dolores Dempsey, Chula Vista resident, stated there was a need for the landowner to be as
responsible as the park owner for following all procedures designed to safeguard mobilehome
park residents, and she asked the Council for its help to protect mobilehome park residents.
Steven Pavka, Chula Vista resident, complimented the City on its efforts with street patching,
stating that the new methods were good.
PUBLIC HEARINGS
14. CONSIDERATION OF PUBLIC TESTIMONY FOR THE FISCAL YEAR 2009/2010
LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS
FOR CITY OPEN SPACE DISTRICTS I THROUGH 11, 14, 15, 17, 18,20,23,24,26,
31,33, EASTLAKE MAINTENANCE DISTRICT NO.1, TOWN CENTRE AND BAY
BOULEVARD MAINTENANCE DISTRICTS.
The City administers and maintains 36 Open Space Districts and associated zones that
have been established over the last 30 years. The Districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The City Council's approval of the levy is required by the first week of
August in order to meet the deadlines established by the County Tax Assessor. Adoption
of the resolution allows for the assessment of currently approved levy amounts in order to
ensure that the County Tax Assessor deadlines are met for all 36 of the City's Open
Space Districts. (Director of Public Works)
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July 14,2009
DRAFT
PUBLIC HEARINGS (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and "at the time specified in the notice.
Assistant Director of Engineering Quilantan presented the item.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember Castaneda moved to adopt the following Resolution Nos. 2009-
174 and 2009-175, headings read, text waived:
A. RESOLUTION NO. 2009-174, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE
DISTRICTS 2 THROUGH 11, 14, 15, 17, 18,20,23,24,26,31 AND 33,
EASTLAKE MAINTENANCE DISTRICT NO. I, AND BAY
BOULEVARD MAINTENANCE DISTRICT
B. RESOLUTION NO. 2009-175, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE
DISTRICT I
Councilmember Ramirez seconded the motion, and it carried 4-0.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2009-176, heading read,
text waived:
C. RESOLUTION NO. 2009-176, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR THE TOWN CENTRE
MAINTENANCE DISTRICT
Councilmember Bensoussan seconded the motion, and it carried 3-0-1, with
Council member Castaneda abstaining.
Item 15 was removed from the agenda by stan: and no action was taken.
15. CONSIDERATION OF AN APPLICATION (PCZ 08-04) FILED BY SKK REALTY,
LLC REQUESTING A REZONE FROM MHP EXCLUSIVE MOBILEHOME PARK
TO R-3-P APARTMENT RESIDENTIAL ZONE, WITH A PRECISE PLAN
MODIFYING DISTRICT
Adoption of the resolution finds that the applicant has complied with required provisions
of the Mobilehome Overlay District, and the ordinance rezones the vacant 4.35 acre
project site, formerly Jade Bay Mobile Home Park, to a R-3-P, Apartment Residential
with Precise Plan Modifying District in order to make zoning consistent with the General
Plan. (Deputy City Manager/Development Services Director)
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July 14,2009
DRAFT
PUBLIC HEARINGS (Continued)
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA FINDING THAT THE APPLICANT HAS COMPLIED WITH
REQUIRED PROVISIONS OF LUT SECTION 7.17 OF THE CHULA
VISTA GENERAL PLAN REGARDING AN APPLICATION TO
REZONE PROPERTY CURRENTLY DESIGNATED MHP (EXCLUSIVE
MOBILEHOME PARK) ZONE
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
ZONING MAP ESTABLISHED BY MUNICIPAL CODE SECTION
19.18.010 TO REZONE ONE 4.35 ACRE PARCEL LOCATED AT 701 D
STREET FROM MHP (EXCLUSIVE MOBILEHOME PARK) ZONE TO
R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN) ZONE (FIRST
READING)
16. CONSIDERATION OF AN APPLICATION (PCZ 09-02) FILED BY TARGET
STORES, INC, REQUESTING A REZONE FROM C-C, CENTRAL COMMERCIAL,
TO C-C-P CENTRAL COMMERCIAL, WITH A PRECISE PLAN MODIFYING
DISTRICT TO REDEVELOP A 9.9 ACRE SITE WITH 138,144 SQUARE FEET OF
RETAIL USE. THE PRECISE PLAN WILL ALLOW EXCEPTIONS TO THE
PARKING STANDARDS AND SIGN PROVISIONS OF THE UNDERLYING ZONE.
THE SITE IS LOCATED AT 40 NORTH FOURTH AVENUE IN NORTHWEST
CHULA VISTA.
Adoption of the ordinance rezones a 9.9 acre site to add a precise plan modifying district
to the existing C-C zoning designation along with a precise plan to allow exceptions to
the parking standards and sign provisions of the underlying zone. This will allow the site
to be redeveloped with a more contemporary building and site design, thereby
implementing the goals and policies of the General Plan, including enhanced "gateway"
project design and sustainable development practices. The site currently contains an
existing 119,403 square foot Target store and two smaller buildings. All three buildings
will be razed and the site completely re-graded in order to redevelop the site for a new
138,144 square foot Target retail building and ancillary improvements. (Deputy City
Manager/Development Services 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.
Deputy City Manager/Director of Development Services Halbert referenced correspondence on
the dais: A letter from Briggs Law Corporation dated July 13, 2009, in opposition to the
proposed project, and a response to the letter dated July 14, 2009 from Kimley Horn and
Associates, Inc., the Target consultant working on air quality issues. Deputy City Manager
Halbert stated that the letter from Briggs Law Corporation was received outside of the public
review period for the environmental document, and therefore need not be considered in the
Council's deliberations.
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July 14,2009
DRAFT
PUBLIC HEARINGS (Continued)
Associate Planner Steichen then presented the proposed project.
Laurie Jones, Development Manager, representing Target Stores, talked about the benefits of the
project, including increased local sales tax revenues and job opportunities, and about Target's
involvement in the City's crime prevention program. She then introduced the project team
members present at the meeting.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Councilmember Ramirez asked staff to look at a more creative design of the Target Store
signage, especially since its location was proposed for a major corridor in the City. Director
Halbert responded that staff would work with Target to look at options for more creative signage.
Council member Bensoussan spoke regarding the signage, and suggested including directional
signs pointing to the Third Avenue Village and the Civic Center.
Councilmember Castaneda asked and received confirmation from Ms. Jones that area stores
wo~]d not be affected by the project construction.
ACTION:
Councilmember Castaneda moved to place the following ordinance on tirst
reading:
ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM IS-09-009, AMENDING ZONING MAP OR MAPS
ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010
TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRlCT AND
ADOPT PRECISE PLAN STANDARDS FOR EXCEPTIONS TO PARKING
AND SIGN STANDARDS PERMITTED IN CURRENTLY ZONED C-C,
CENTRAL COMMERCIAL DESIGNATION, FOR 9.9 ACRES AT THE
NORTHWEST CORNER OF NORTH FOURTH AVENUE AND "c" STREET
(FIRST READING)
Councilmember Bensoussan seconded the motion, and it carried 4-0.
] 7.
CONSIDERATION OF APPROVAL OF AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE SECTION ]5.60 ABANDONED RESIDENTIAL
PROPERTY REGISTRATION ORDINANCE
The Development Services Department is recommending that the City Council
adopt amendments to the Abandoned Residential Property Registration Program
ordinance to address several concerns that have been brought to the department
and City Council's attention over the last year. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council continue the item to a date uncertain.
This item was not discussed.
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July 14,2009
DRAFT
PUBLIC HEARINGS (Continued)
Time Certain ~ 6:00 P.M.
18. CONSIDERATION OF ESTABLISHING THE CHULA VISTA TOURISM
MARKETING DISTRICT
The Chula Vista Chamber of Commerce and the Chula Vista Convention and Visitors
Bureau, working with lodging and business owners and members of the business
community, have prepared a plan for the formation of the Chula Vista Tourism
Marketing District (CVTMD) that will levy a self-assessment on motel and hotel rooms.
The CVTMD will create a source of funding for renewed operation of the Convention
and Visitors Bureau and for expanded promotion of tourism opportunities in the City.
(Deputy City Manager/Development Services 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.
Economic Development Manager Stone presented the item, and acknowledged Chris Boyd,
President, Chula Vista Chamber of Commerce, Lisa Cohen, Executive Director, Chula Vista
Chamber of Commerce, Steve Eastis, representing T A V A, and several hotel and motel owners
and operators present at the meeting, indicating their support of the item. He then gave a brief
overview of the proposed project. He explained that the public hearing required a 45-day notice
to those who would be subject to the assessment, and an opportunity to file a written protest with
the City Clerk. To that end, he deferred to the City Clerk to report on the status of protests
received. City Clerk Norris responded that there were no protests received.
Mayor Cox opened the public hearing. She referenced a letter on the dais from the Third Avenue
Village Association's President, Glen R. Googins, indicating the Association's unanimous
support of the proposal.
The following members of the public spoke in support of the proposed resolution:
Deacon Greg Smyth, Chula Vista resident, representing Third Avenue Village
Association
Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association.
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2009-177, heading read,
text waived:
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July 14, 2009
DRAFT
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2009-177, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE
MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE CHULA
VISTA TOURISM MARKETING DISTRICT (CVTMD) AND DIRECTING
THE CITY CLERK TO TAKE ALL NECESSARY ACTIONS TO LEVY THE
ASSESSMENTS
Councilmember Bensoussan seconded the motion, and it carried 4-0.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
City Manager Sandoval reported that Deputy Mayor McCann had informed him of his
deployment to Iraq effective July 21, 2009. He also stated that the City received a $70,000
refund check from the County for the May 5, 2009 election. He reported that the City's Los
Vecinos project was the recipient of a platinum LEED certification. He then announced that
staff would be publishing a monthly "Community Connection" newsletter.
20. MAYOR'S REPORTS
A.
Consideration of appointment of a voting delegate and alternate for the 2009
Annual League of California Cities Conference, to be held September 16-18 in
San Jose, California.
ACTION:
Councilmernber Castaneda moved to appoint Mayor Cox as voting delegate for
the 2009 Annual League of California Cities Conference. Council member
Bensoussan seconded the motion, and it carried 4-0.
ACTION:
Councilmember Castaneda moved to appoint Councilmember Bensoussan as
alternate for the 2009 Annual League of California Cities Conference.
Councilmember Ramirez seconded the motion, and it carried 4-0.
B.
Update from Port Commissioner William Hall.
Item 20B was taken out of ordcr and heard after Special Orders of the Day.
C. Ratification of appointment of the following students to the Youth Action Council
for the 2009/20 I 0 school year:
Elvia Valeria Vera
Felipe Cardenas
Alicia Cortez
Alexander Salomon
Meal!an Nolan
Kathleen Hoskins
Ashley Foz
Haley Alderete
Trey Johnson
Michael Jimenez
Maximiliano Gastelum
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July 14, 2009
DRAFT
OTHER BUSINESS (Continued)
ACTION:
Mayor Cox moved to appoint the above-named individuals to the Youth Action
Council. Councilmember Castaneda seconded the motion, and it carried 4-0.
Councilmember Ramirez requested consideration for the appointment of Mauricio Lopez to the
Youth Action Council, and that the request be placed on a future Council agenda.
Mayor Cox announced the pre-centennial event on August 2, 2009 at Goodrich Aerostructures,
tickets for the event were on sale for $25. She announced the October 17, 2009 "Beautify Chula
Vista" event. She asked staff to place on the next Council agenda, information regarding the
Council's options for filling Deputy Mayor McCann's Council seat while he is on military duty.
21. COUNCILMEMBERS' COMMENTS
Councilmember Ramirez commented on his recent Public Office Hours meeting to discuss
consideration of an Environmental Justice Overlay, and stated that he would be bringing the
matter back in the future, and urged Council support on the matter.
Councilmember Bensoussan reported that at its recent meeting, the Western Revitalization
Subcommittee shared a document about a Community Garden Policy that the subcommittee was
soliciting public comments on. She stated that the revised document would be coming back to
the subcommittee in September. She announced that the Broadway Business Association was
active, and invited businesses on Broadway to contact Dan Schoen, at Vivra Bank.
Mayor Cox requested that the meeting be adjourned in memory of Herb Klein, Editor of the San
Diego Union Tribune.
Mayor Cox recessed the meeting to convene in Closed Session at 6:20p.m.
CLOSED SESSION
22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Two cases
No reportable action was taken on this item.
")'
-~.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Felix Espino v. City of Chula Vista, U.S. District Court, Case No. 03CV1884-
DMS(BLM)
No reportable action was taken on this item.
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July 14,2009
D R.A.FT
ADJOURl'\)MENT
At 7:30 p.m., Mayor Cox adjourned the meeting in memory of Herb Klein, to the Regular City
Council Meeting of July 21, 2009 at 4:00 p.m. in the City Council Chambers.
'7
!J;~i~ (pA~
Lorraine Bennett, CMC, Deputy City Clerk
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July 14,2009