HomeMy WebLinkAboutcc min 2009/06/23 CC/RDAMINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
June 23, 2009
6:00 P.M.
A Regulaz Meeting of the City Council and a Special Meeting of the Redevelopment Agency of
the City of Chula Vista was called to order at 6:09 p.m. in the Council Chambers, located in City
Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Council/Agency Members: Bensoussan, Castaneda, McCann, Ramirez,
and Chair/Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/Agency
Counsel Miesfeld, Ciry Clerk Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
PRESENTATION OF A PROCLAMATION DECLARING SUPPORT FOR THE 2010
CENSUS TO PARTNERSHIP SPECIALISTS NAMPET PANICHPANT, LENA
LAFFAYE, AND PURITA ANDREWS, AND EARLY LOCAL CENSUS OFFICE
MANAGER DANIEL MENDOZA, U.S. BUREAU OF THE CENSUS
Mayor Cox read the proclamation and Councilmember Castaneda presented it to representatives
of the U.S. Bureau of the Census.
PRESENTATION OF A PROCLAMATION TO TRACY LAMB, EXECUTIVE
DIRECTOR OF THE CHULA VISTA OLYMPIC TRAINING CENTER, DECLARING
JUNE 23, 2009, AS OLYMPIC DAY IN THE CITY OF CHULA VISTA
Mr. Lamb commented on the support by Mayor Cox and Mayors nationwide, of the bid to host
the 2016 Olympic Games in Chicago. Rebecca Kelley, representing the YMCA, thanked the
City and the Olympic Training Center for recognizing and supporting Olympic Day. Mayor Cox
read the proclamation, and Deputy Mayor McCann presented it to Mr. Lamb.
PRESENTATION OF THE "COOL CITIES AWARD" TO THE CITY, BY DON LEE,
CO-CHAIR OF THE SIERRA CLUB GLOBAL WARMING COMMITTEE,
RECOGNIZING THE CITY FOR ITS 17 YEARS OF LEADERSHIP IN
ADDRESSING CLIMATE CHANGE
Mr. Lee presented the award to Director of Conservation and Environmental Services Meacham
and Councilmember Bensoussan, who accepted it on behalf of the City. Director Meacham
thanked City staff for its work and the Councilmembers for past and current representation as
members of the International Council for Local Environmental Initiatives (ICLEI).
Page 1- Council/RDA Minutes June 23, 2009
CONSENT CALENDAR (City Council and Redevelopment Agency Items)
(Items 1-10)
Items 1, 3, and 10 were removed from the Consent Calendar due to Councilmember abstentions.
This item was removed from the Consent Calendar.
2. A. RESOLUTION NO. 2009-145, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S
REPORT FOR FIRST AVENUE ASSESSMENT DISTRICT 2007-01
B. RESOLUTION NO. 2009-146, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND
ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%) PER YEAR
AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO
THE DEFERRALS FOR FIRST AVENUE ASSESSMENT DISTRICT 2007-01
C. RESOLUTION NO. 2009-147, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL
ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2007-01,
AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE
ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE
COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND IIV THE SAME
MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE
COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
On December 4, 2007, the Council adopted Resolution No. 2007-272, certifying the
results of the public hearing and assessment district ballot tabulation, and ordered the
installation of improvements pursuant to the Improvement Act of 1913 (the "Block Act")
and Article XIIID of the Constitution of the State of California. On May 20, 2008, the
Council adopted Resolution No. 2008-130 awarding a contract in the amount of
$1,158,627.22 for the improvements (Project STL-303) to MJC Construction, Inc. The
work is complete, and a resolution must be adopted to accept filing of the Engineer's
Report on the cost of construction, to approve the deferral of assessments, to establish the
rate of interest and financing period applied to deferrals for assessment, and to authorize
the collection of assessments on the County tax roll. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
This item was removed from the Consent Calendaz.
4. RESOLUTION NO. 2009-151, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLICY AND
PROCEDURE FOR FRAUD IN THE WORKPLACE
The City of Chula Vista is committed to the proper use of public funds, safeguazding of
public assets entrusted to the City, conducting its business by adhering to the highest
ethical conduct, provide for the safeguarding of assets, and help deter and detect fraud
and other irregularities. This policy sets specific guidelines regarding actions that must
be followed for the investigation of suspected fraud and other irregularities. (Director of
Finance)
Staff recommendation: Council adopt the resolution.
Page 2- CounciURDA Minutes June 23, 2009
CONSENT CALENDAR (Continued)
RESOLUTION NO, 2009-152, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE
PAYMENT PLAN PROGRAM AGREEMENT WITH SHEA HOMES, L.P. FOR
TAPESTRY AT OTAY RANCH PHASE 4 AND ESTRELLA AT SAN MIGUEL
RANCH PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK
TO RECORD LIENS AND THE AGREEMENTS 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
Februazy 6, 2009. The Council has previously approved several payment plan
agreements pursuant to the ordinance. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2009-153, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY, AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE "AVOID DUI" CAMPAIGN (4/STHS VOTE REQUIRED)
The Police Department is a participating agency in a regional effort to reduce alcohol-
involved fatalities and injuries and will be reimbursed on an overtime basis through grant
funds from the Califomia Office of Traffic Safety. (Police Chief)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2009-154, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $15,000 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE DUI CORRIDOR SAFETY PROJECT (4/STHS VOTE
REQUIRED)
The Police Department is a participating agency in a regional effort to reduce alcohol-
involved fatalities and injuries on Interstates 5 and 805 in San Diego County and will be
reimbursed on an overtime basis through grant funds from the California Office of
Traffic Safety. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 3- CounciURDA Minutes June 23, 2009
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2009-155, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $1,600 FROM THE U.S. DEPARTMENT OF
HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE
FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE
(4/STHS VOTE REQUIRED)
Urban Area Security Initiative (UASI) funds address the unique equipment, training,
planning and exercise needs of lazge, high-threat urban areas and assist them in building
an enhanced and sustainable capacity to prevent, protect against, respond to, and recover
from acts of terrorism. The City of San Diego Office of Homeland Security, who
manages UASI funds for the region, has authorized the Police Department to use UASI
funds for training needs. (Police Chief)
Staff recommendation: Council adopt the resolution.
9.A. RESOLUTION NO. 2009-2007, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $400,000 FROM
THE 2008 TAX ALLOCATION REFUNDING BONDS AS A REPAYMENT TO THE
GENERAL FUND AND APPLYING THOSE FUNDS TOWARDS IMPROVEMENTS
OF THE ANIMAL CARE FACILITY (4/STHS VOTE REQUIRED)
B. RESOLUTION NO. 2009-156, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT (CIP) ENTITLED "CONSTRUCTION OF SITE IMPROVEMENTS AND
RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207)";
APPROPRIATING $400,000 FROM THE GENERAL FUND; AMENDING THE
FISCAL YEAR 2009 CAPITAL IMPROVEMENT PROGRAM; AND APPROVING A
DESIGN BUILD AGREEMENT WITH MJC CONSTRUCTION CO. FOR THE
DESIGN AND CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE
TRAILERS AT THE ANIMAL CARE FACILITY (GG-207) IN THE CITY OF
CHULA VISTA, CA (4/STHS VOTE REQUIRED)
On June 16, 2009, Council approved an agreement for the PIMA Medical Institute to
partner with the City of Chula Vista to expand and improve the Animal Care Facility.
Adoption of the resolution amends the Fiscal Year 2009 Capital Improvement Program,
establishes a new Capital Improvement Project, appropriates funds, and approves the
design build agreement with MJC Construction Co. (Director of Public Works)
Staff recommendation: Council and Agency adopt the resolutions.
10. This item was removed from the Consent Calendar.
ACTION: Deputy Mayor McCann moved to approve staff s recommendations and offered
Consent Calendaz Items 2, 4 5, 6 7, 8, and 9, headings read, text waived.
Councilmember Bensoussan seconded the motion and it carried 5-0.
Page 4- CounciURDA Minutes June 23, 2009
ITEMS REMOVED FROM THE CONSENT CALENDAR
ORDINANCE NO. 2009-3131, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE 2716 TO UPDATE THE POGGI CANYON SEWER
BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS
WITHIN THE POGGI CANYON SEWER BASIN AS A CONDITION OF ISSUANCE
OF BUILDING PERMITS (SECOND READING AND ADOPTION)
The Poggi Canyon Gravity Sewer Basin Development Impact Fee was established on
November 25, 1997 to facilitate construction of the Poggi Canyon trunk sewer, which
was needed to serve properties within the Poggi Canyon Basin. Adoption of the
ordinance approves the first update to the fee, reducing the Poggi Canyon Sewer Basin
Development Impact Fee from $400 to $265 per Equivalent Dwelling Unit. This
ordinance was introduced June 16, 2009. (Director of Public Works)
ACTION: Councilmember Ramirez moved to adopt Ordinance No. 2009-3131, heading
read, text waived. Councilmember Castaneda seconded the motion and it carved
4-0-1, with Deputy Mayor McCann abstaining due to aproperty-related conflict.
3. A. RESOLUTION NO. 2009-148, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2009/2010 FOR OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15,
17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. 1
(ELMD #1), AND BAY BOULEVARD MAINTENANCE DISTRICT AND THE
SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY
AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS
B. RESOLUTION NO. 2009-149, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2009/2010 FOR THE OPEN SPACE MAINTENANCE DISTRICT NO.
1 AND THE SPREAD OF THE ASSESSMENTS THEREIN; DECLARING THE
INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A
PUBLIC HEARING REGARDING THE ASSESSMENTS
C. RESOLUTION NO. 2009-150, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2009/2010 FOR THE TOWN CENTRE MAINTENANCE DISTRICT
AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION
TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC
HEARING REGARDING THE ASSESSMENTS
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 yeazs. 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. This item
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)
Page 5- Council/RDA Minutes June 23, 2009
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve Item 3A -Resolution 2009-148, heading read, text
waived. Councilmember Ramirez seconded the motion and it carried 5-0.
ACTION: Councilmember Castaneda moved to approve Item 3B -Resolution 2009-149,
heading read, text waived. Councilmember Bensoussan seconded the motion and
it carried 4-0-1, with Deputy Mayor McCann abstaining due to aproperty-related
conflict.
ACTION: Deputy Mayor McCann moved to approve Item 3C -Resolution 2009-150,
heading read, text waived. Councilmember Bensoussan seconded the motion and
it carried 4-0-1, with Councilmember Castaneda abstaining due to a property-
related conflict.
10. RESOLUTION NO. 2009-2008, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AN APPROPRIATION
FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL
FUND FOR ADVANCES IN AN AMOUNT ESTIMATED AT $900,000, BUT WILL
BE BASED ON AVAILABLE FUND BALANCE AT FISCAL YEAR END (4/STHS
VOTE REQUIRED)
The Redevelopment Agency (RDA) is requesting an appropriation in order to repay the
General Fund for advances the RDA has received in the past. Since the Redevelopment
Agency's inception, the General Fund has advanced $30.8 million to the Redevelopment
Agency as of the June 30, 2008 audited financial statements. The RDA has been unable
to repay the General Fund in the past due to fund balance deficits. The actual amount of
the repayment will be determined as part of the fiscal yeaz end close to ensure that the
RDA doesn't fall into a deficit. (Director of Finance)
Chair Cox explained that Item 10 wou]d require afour-fifths vote, but because of identified
property-related conflicts of interest for Agency Members McCann and Ramirez, the City
Attorney's Office sought the opinion of the Fair Political Practices Commission, and it was
determined that by drawing names, either Agency Member McCann or Agency Member
Ramirez would be able to participate and vote on the item. The draw by the City Clerk revealed
that Agency Member McCann would participate, and that Agency Member Ramirez would
abstain from voting on the item.
ACTION: Agency Member McCann moved to approve Item 10 -Resolution 2009-2008,
heading read, text waived. Agency Member Bensoussan seconded the motion and
it carried 4-0-1, with Agency Member Ramirez abstaining.
PUBLIC COMMENTS
Earl Jentz, Chula Vista resident, requested that the City use tax increment money for areas in
which the money was generated.
Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, requested that
the Council create a blue ribbon budget Committee, and pursue pension reform.
Page 6- Council/RDA Minutes June 23, 2009
PUBLIC COMMENTS (Continued)
Veronica Watkins, Chula Vista resident, requested that Council consider support of formation of
a local task force for smoke free multi-unit housing.
Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce,
announced the Chamber's annual golf tournament on July 24, 2009 to be held at the Salt Creek
Golf Club.
Cazlos Lopez, Chula Vista resident, representing Communities Taking Action, stated the City
needed a better planning process for its future energy needs, and suggested avoiding placement
of energy facilities near residential communities. He then gave well wishes to Deputy Mayor
McCann for a safe deployment.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
acknowledged Councilmembers Ramirez and Bensoussan, and other groups and organizations
that supported the California Energy Commission's denial of the MMC peaker power plant
expansion. She then spoke in opposition to staff s proposed rezone of the Jade Bay Mobilehome
Park. She also recommended that the City seek compensation from the park owner for expenses
associated with hiring a bankruptcy attorney.
Diana Vera, Chula Vista resident, thanked Councilmembers Ramirez and Bensoussan, as well as
Assemblymember Salas and Congressman Filner for their support of the California Energy
Commission's denial of the MMC peaker power plant expansion.
Ashley Campos, Chula Vista resident, representing Communities Taking Action, thanked
Councilmembers Ramirez and Bensoussan for their support of the California Energy
Commission's denial of the MMC peaker power plant expansion.
Hugo Ivan Salazaz, Chula Vista resident, representing Communities Taking Action, thanked
Councilmembers Ramirez and Bensoussan for their support of the California Energy
Commission's denial of the MMC peaker plant expansion.
Willazd Howazd, Chula Vista resident, spoke in opposition to the City spending money on a
special election and on providing severance pay to a fired employee, while it could not afford to
pay for the Fourth of July fireworks. He also suggested that the Councilmembers not converse
with each other while speakers were speaking.
Jose Preciado, Chula Vista resident, suggested that the City consult with the community on
future projects, rather than with developers or others who contribute to campaigns. He also
stated that he hoped the Council would continue to advocate for the removal of the South Bay
power plant and to include the community in the process. With respect to the City's budget, he
spoke in opposition to the formation of a blue ribbon budget committee, stating that the five
Councilmembers elected by the community were sufficient to work on the City's budget. He
then wished Deputy Mayor McCann good luck on his upcoming military deployment.
Page 7- Council/RDA Minutes June 23, 2009
PUBLIC COMMENTS (Continued)
Isabelle Espino, Chula Vista resident, representing the Chula Vista Civic Association, thanked
Deputy Mayor McCann for his support of reform in the City, and for his service to the Country.
She stated that the reduced hours at the library on the East side of the City were inadequate.
PUBLIC HEARINGS
11. CONSIDERATION OF AMENDING CHAPTER XIV OF THE CITY'S MASTER FEE
SCHEDULE
On January 23, 2007, the City Council approved a comprehensive update to the Planning
and Building Department fee schedule. Included within the fee schedule is a $1,127 fee
to extend currently valid discretionary permits (e.g. design review and conditional use
permits). As part of the on-going development review process streamlining effort, as
well as an overall effort to assist in economic recovery, staff is proposing to establish a
limited review permit extension fee of $150 for currently valid discretionary permits.
(Deputy City Manager/Development Services Director)
Notice of the heazing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
City Manager Sandoval explained that staffls proposal would lower fees on permit extensions to
assist small businesses.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
Deputy Mayor McCann suggested removal of any obstacles for small businesses getting started.
Councilmember Bensoussan suggested getting the word out that more flexibility was being
offered to assist businesses.
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009-
157, heading read, text waived:
RESOLUTION NO. 2009-157, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING CHAPTER XIV (PLANNING)
OF THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH A LIMITED
REVIEW FEE FOR DISCRETIONARY PERMIT EXTENSIONS
Councilmember Ramirez seconded the motion and it carried 5-0.
Page 8- CounciURDA Minutes June 23, 2009
ACTION ITEMS
12. REPORT PROVIDING THE CITY'S INTENT TO GRANT A PERIOD OF TWO
YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE
SECTION 20903 FOR ALL LOCAL PUBLIC SAFETY FIRE EMPLOYEES (IF),
MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
(CALIPERS)
This verbal presentation provided information on, and gave notice of, the City's intent to
offer an eazly retirement program to the City's Public Safety Fire Employees, pursuant to
Government Code section 7507. (Human Resources Director)
Human Resources Director Bacon presented the report. No action was taken by the Council on
this item.
13. CONSIDERATION OF APPROVAL BY THE REDEVELOPMENT AGENCY OF AN
AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND
DEVELOPMENT AGREEMENT
The Gateway Chula Vista Disposition and Development Agreement was approved June
6, 2000, for the development and operation of a phased First Class, First Quality mixed-
use commercial/office project. The first and second phases have been realized, however,
the third and final phase will not meet the construction deadline of June 30, 2009. The
seventh amendment to the agreement provides for changes to reflect the current
anticipated construction timeframe for Phase III, and extends the Phase III completion
date to December 31, 2014. (Deputy City Manager/Development Services Director)
Assistant Director of Redevelopment and Housing Crockett presented the proposed amendment
to the Disposition and Development Agreement.
The following members of the public spoke in favor of the proposed amendment:
Lisa Cohen, Chula Vista resident, representing the Chamber of Commerce
Reiner Leal, Chula Vista resident, representing Chula Vistans for Community Action
Tiffany Vinson, Chula Vista resident, representing Chula Vistans for Community Action
Michael Gorski, Chula Vista resident, representing Chula Vistans for Community Action
Paula Whitsell, Chula Vista resident, representing Chula Vistans for Community Action
Jose Cortes, Chula Vista resident
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
stated that she could support the extension of the agreement, but she spoke in opposition to
further payment by the City to the developer.
Ken Wright, Chula Vista resident, President, Northwest Civic Association, spoke in opposition
to the extension as it was currently written, and suggested that all the text related to an education
component be omitted since it was not indicated in the original document. He suggested adding
a limit to the number of amendments allowed. He also suggested that the City show the public
how the tax increment funding was being used.
Page 9- CounciURDA Minutes June 23, 2009
ACTION ITEMS (Continued)
Richazd D'Ascoli, San Diego resident, representing the Chula Vista Chamber of Commerce and
the Chula Vista Redevelopment Advisory Committee, spoke in support of the proposed
amendment.
The following members of the public did not wish to speak, but submitted speaker slips in
support of the proposed amendment to the Disposition Development Agreement:
Dan Rosenberg, San Diego resident
Tom Axson, San Diego resident
Jim Reid, Santee resident
Chris Greenlee, San Diego resident
Sam Mendoza, Chula Vista resident
Juan Pablo Maziscal, Del Mar resident
Cecilia Mejia, Chula Vista resident
Gaby Reyes, representing Chula Vistans for Community Action
Gabe Gutierrez, Chula Vista resident, representing Chula Vista for Community Action
Chair Cox commented that the addition of an educational component was purposeful, since
people seeking an education typically find better jobs in the end, and during their free time,
would have access to visit local restaurants and amenities.
Agencymember Ramirez commented that it would be helpful if staff engaged the community
about Redevelopment, examining its successes and failures, and to look at progression for future
redevelopment in the City.
ACTION: Chair Cox moved to adopt the following Redevelopment Agency Resolution No.
2009-2009, heading read, text waived:
RESOLUTION NO. 2009-2009, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE SEVENTH
AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND
DEVELOPMENT AGREEMENT (DDA)
Agencymember Castaneda seconded the motion and it carried 5-0.
14. CONSIDERATION OF APPROVAL OF THE UNIVERSITY VILLAGES
PROCESSING AGREEMENT AND AUTHORIZATION FOR THE CITY
ATTORNEY'S OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN
THE LEGAL WORK FOR THE UNIVERSITY VILLAGES/IJNIVERSITY AND
REGIONAL TECHNOLOGY PARK PROJECT
In April and May of 2008, the City entered into two separate Land Offer Agreements
("LOAs") with two sepazate landowners/developers ("Developers") in order to secure
land for a University and Regional Technology Pazk which is envisioned in the Chula
Vista General Plan. The LOAs generally provide each Developer the opportunity to
develop a maximum of 13,400 dwelling units combined between both ownerships
(refereed to collectively as the "University Villages Project" or "Project") in exchange for
approximately 210 acres of land being conveyed to the City by the Developers for the
City's use in ultimately implementing the University and Regional Technology Park.
(City Attorney)
Page ] 0-Council/RDA Minutes June 23, 2009
ACTION ITEMS (Continued)
City Attorney Miesfeld presented his recommendation to the Council to retain the firm of
Norton, Moore, Adams, LLP, to assist in the legal work for the project. He then spoke about Ms.
Moore's extensive experience and previous work with the City Attorney's office, representing
the City on all of its land use maters from 1995 to 2008.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
spoke in favor of retaining the law firm of Norton, Moore, Adams, LLP, but questioned how the
City could afford to pay for the services. City Attorney Miesfeld responded that the developers
would pay the fees.
ACTION: Deputy Mayor McCann moved to adopt the following Resolution Nos. 2009-158
and 2009-159, heading read, text waived:
A. RESOLUTION NO. 2009-158, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE UNIVERSITY VILLAGES
PROCESSING AGREEMENT
B. RESOLUTION NO. 2009-159, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY'S
OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE
LEGAL WORK FOR THE UNIVERSITY VILLAGES/IJNIVERSITY AND
REGIONAL TECHNOLOGY PARK PROJECT, AND AUTHORIZING THE
CITY ATTORNEY TO ENTER INTO THE REQUISITE LEGAL SERVICES
AGREEMENTS AND ANY AMENDMENTS THERETO
Councilmember Castaneda seconded the motion and it carried 5-0.
OTHER BUSINESS
15. CITY MANAGER'S REPORTS
City Manager Sandoval provided a report on the Nature Center, stating that on June 18, 2009, he
received a Letter of Agreement from the Friends of the Nature Center that included its
commitment to continue to work with the City and a check for $75,000 to the City, to sustain the
Nature Center through December 31, 2009. He stated that staff was working towazds a
Memorandum of Understanding with the Nature Center to establish it as anon-profit
organization.
16. MAYOR'S REPORTS
Mayor Cox recognized and congratulated Chula Vista Police Department's Officers Jessica
Severance and Andrea Longoria, who won first and second place, respectively, in the recent
"Battle of the Badges" regional boxing tournament. She reported that on June 24, 2009, Chula
Vista Police Department would be hosting "Motor Day," working with County Law
Enforcement agencies to enforce vehicle codes within the City. She stated that one more day
remained for donations to the San Diego National Bank, located on Eastlake Parkway, for book
donations to help raise money for the Make a Wish Foundation. She announced the upcoming
"Rohr then, Goodrich now" pre-centennial fundraiser on Sunday, August 2, 2009, at Goodrich
Aerostructures, with anice-cream social and viewing of the Drop Hammer.
Page 11- Council/RDA Minutes June 23, 2009
17. COUNCILMEMBERS' COMMENTS
A. Councilmember Ramirez:
Consideration of a report from the Chazgers Subcommittee, and possible disbandment of the
Chargers Subcommittee.
Councilmember Ramirez asked if the Chargers Subcommittee could provide a report. Deputy
Mayor/Subcommittee Member McCann requested that the members of the public wishing to
address the item be heazd prior to the report.
Jose Preciado, Chula Vista resident, spoke in favor of disbanding the Chargers Subcommittee.
He suggested instead, that focus be placed on the Chula Vista land swap, removal of the South
Bay Power Plant, and passage of the Environmental Impact Report for the bayfront.
Mayor Cox noted written communication received on the dais from Jim Peterson, dated June 23,
2009, with a request to retire the stadium committee.
Deputy Mayor McCann provided the Council with a handout and report by the San Diego
Chargers Relocation Subcommittee meeting of June 8, 2009, explaining the potential benefits of
a stadium in the City.
Councilmember Castaneda commented that he had not indicated his support or opposition to a
stadium in the City, but owed it to the community to address its questions on the matter. He
further stated that should there be a proposed stadium site at the current power plant location,
that the City could take a position on the matter, although the land was Port property. With
respect to Councilmember McCann's upcoming military deployment, he spoke in favor of
matters concerning the Chazgers be brought before the full Council. City Manager Sandoval
added that the two key issues to address on the matter would be 1) financing for the
development, and 2) removal of the South Bay Power Plant.
Councilmember Bensoussan stated she wanted to dispel any myths about the Chazgers. She
stated that it was a myth that building a Chazgers stadium would cause the South Bay Power
Plant to be decommissioned. She clarified that the Council had made no decisions about the
Chazgers. She spoke in favor of suspending the Chazgers Relocation Subcommittee.
Councilmember Ramirez commented on the rationale for bringing the matter forwazd, stating
that it had created a degree of unnecessary stress in the community with mixed signals being sent
to the Port of San Diego, and concerns that the City was not clearly communicating its vision for
the bayfront. He commented that his motivation to address the matter was to seek improved
mechanisms for dealing with the issues, and to be cleaz on matters related to the power plant site.
He noted that his intention was not to close the door on the Chargers, but to find better ways to
communicate and address the subject. He suggested that Chazgers enthusiasts join regionally to
seek a funding method for the Chazgers. He then suggested addressing the status of the
subcommittee at a later time.
Page 12- Council/RDA Minutes June 23, 2009
COLJNCILMEMBER COMMENTS (Continued)
Mayor Cox clarified that her immediate goal for the bayfront was to see certification of the
Environmental Impact Report by the Port, which would then make the City eligible for economic
stimulus funding. She suggested that the Chazgers come back with a proposal with ways to fund
a stadium project and what land would be needed. She suggested that in consideration of
Councilmember McCann's impending military deployment, that any matters regarding proposals
by the Chargers come to the full Council.
B. Deputy Mayor McCann:
Consideration of Council budgets
Deputy Mayor McCann stated that he would leave notes for the Interim Council appointee
regarding the Council budgets.
Councilmember Castaneda spoke about the success of the "Battle of the Badges" boxing event
and gave gratitude to the Latino Police Officers Association, Barona Casino, the Youth Athletic
Council, and other participating organizations, for their work with the event. He also recognized
the comraderie displayed by the many regional law enforcement agencies that participated in the
event and raised money for at-risk youth. He thanked Deputy Mayor McCann for his military
service, and wished him well on his deployment.
Councilmember Bensoussan announced the recent opening of the Talavera Azul Restaurant that
offered nighttime dining, and she urged the community to support local dining. She wished
everyone a happy Fourth of July, and wished Deputy Mayor McCann success in the next chapter
of his life.
Councilmember Ramirez extended appreciation on behalf of his family to Deputy Mayor
McCann for his sacrifice related to his upcoming deployment, recognizing the impacts on Mr.
McCann's family, and offered prayers for a speedy, safe return and any assistance to the
McCann family during his absence.
Deputy Mayor McCann commented on his orders to report for active duty, expressing his pride
in service. He thanked his colleagues for their kind words, the community for its well wishes,
and thanked City employees. He spoke of his optimism about the City's future, and stated that
he would be working with the City Attorney on the process for options to appoint an Interim
replacement to serve in his absence. He looked forward to returning to his seat upon his return,
and moving things forward for the City.
Mayor Cox wished Deputy Mayor McCann well on his deployment and a safe return.
Mayor Cox announced that the Council would reconvene in closed session to discuss Item 4 as
posted on the June 23, 2009 Special Meeting agenda.
Page 13- CounciURDA Minutes June 23, 2009
ADJOURNMENT
Mayor Cox adjourned the meeting at 9:16 p.m. to reconvene the Special Meeting of the City
Council in closed session.
Lorraine Bennett, CMC, Deputy City Clerk
Page 14- Council/RDA Minutes June 23, 2009