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HomeMy WebLinkAboutcc min 2009/07/14MINUTES 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: Councilmembers Bensoussan, Castaneda, Ramirez, and Mayor Cox ABSENT: Councilmember McCann (excused) ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk Noms, 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 THE 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 Councilmember 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 heazd 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. Page 1 -Council Minutes July 14, 2009 MAYOR'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 prepazation. 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 faz. He stated that he was satisfied that the Port District, City, and Pacifica were treating the Bayfront Master Plan as a priority. He commented that prior to development of parcels H13, H14, and H15, 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, pazalleled 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 declazation 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 eazly 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) APPROVAL OF MINUTES of the Council Workshop of Mazch 5, and the Regulaz Meetings of Mazch 10, and Mazch 17, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Dr. Christopher Seazles, 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) Page 2 -Council Minutes July 14, 2009 CONSENT CALENDAR (Continued) 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 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. 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-] 63, 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 Page 3 -Council Minutes Jaly 14, 2009 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 yeazs. (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 N0. 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 10B 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. 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/STHS VOTE REQUIRED) The Chula Vista Police Depaztment (CVPD) has recently received notice of a grant awazd 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, particulazly 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 tazget 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 PARKWAY, EAST NAPLES STREET, MELROSE AVENUE OVERLAY (STL335C/STM366)" PROJECT TO SUPERIOR READY MIX CONTRACTING AND PAVING, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT Page 4 -Council Minutes July 14, 2009 CONSENT CALENDAR (Continued) On June 29, 2009, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program fiscal yeaz 2009 Eastlake Pazkway, East Naples Street, Melrose Avenue Overlay (STL-335C)" 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 "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2007/2008 TYPE II RUBBERIZED EMULSION AGGREGATE SLURRY (REAS) (STL335E)" PROJECT TO PAVEMENT COATINGS COMPANY IN THE AMOUNT OF $548,439, AUTHORIZING AN INTER-PROJECT TRANSFER IN THE AMOUNT OF $200,000 FROM THE "PAVEMENT REHABILITATION PROGRAM, FISCAL YEAR 2006/2007 (STL340) TO STL335, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE 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) (STL335E)" 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) (STL335D/STL346)" PROJECT TO COPP CONTRACTING, INCORPORATED IN THE AMOUNT OF $916,956.43 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 fiscal year 2007/2008 Chip Seal with Modified Polymer Asphalt Surface Sealer (PASS) (STL-335D)" project. This project consists of the application of chip seal with PASS 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) Staff recommendation: Council adopt the resolution. 11. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.04, SECTION 15.04.225, AND CHAPTER 18.16, SECTION 18.16.310, OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) Page 5 -Council Minutes July 14, 2009 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 COUNCIL 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-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 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-I 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/STHS VOTE REQUIRED) Twenty-one (21) Community Facilities Districts (CFDs) were formed during Fiscal Yeazs 1998-2007. Each yeaz, 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-I, 07-I, 07-M, 08-M, 08-I, 09-M, 11-M, 12-I, 12-M, 13-I and 13-M. In addition to authorizing the levy of the maximum special taxes, this item will also amend the fiscal yeaz 2009-2010 budget and appropriate $25,000 out of the available fund balance of CFD 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/STHS VOTE REQUIRED) Page 6 -Council Minutes July 14, 2009 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 yeaz 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) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendar Items 1-13, headings read, text waived. Councilmember Castaneda seconded the motion, and it carved 4-0. Councilmember Ramirez stated that, regarding Item 2, he had accepted Dr. Seazle'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 asix-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 Librazy. Steve Eastis, Chula Vista resident, representing the Third Avenue Village Association (TAVA), announced the upcoming TAVA Village Five 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, regazding 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. Barbaza 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 Bayscene Mobilehome Park, asked for protection for mobilehome park residents prior to rezoning of Jade Bay. Page 7 -Council Minutes July 14, 2009 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. Candelazia Orzco, Chula Vista resident, asked the Council to seek a better solution to assist mobilehome residents who would be losing their homes. Gloria Faunce, Chula Vista resident, stated there was a need to protect mobilehome pazk residents against relocation requirements, commenting that mobilehomes cannot be moved, and wouldn't be accepted into other pazks. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke about the ownership and management of Jade Bay Mobilehome Pazk, stating that something has to be done to prevent similaz problems for mobilehome residents. Germaine Johnson, Chula Vista resident, representing Palace Gardens Mobilehome Pazk, 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 safeguazd 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 1 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 aze met for all 36 of the City's Open Space Districts. (Director of Public Works) Page 8 -Council Minutes July 14, 2009 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. 1, 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 1 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 Councilmember Castaneda abstaining. Item 15 was removed from the agenda by staff, 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) Page 9 -Council Minutes July 14, 2009 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 pazking standazds 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 Tazget 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 squaze foot Target retail building and ancillary improvements. (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. 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. Page 10 -Council Minutes July 14, 2009 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 heazing. 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. Councilmember 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 azea stores would not be affected by the project construction. ACTION: Councilmember Castaneda moved to place the following ordinance on first 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 DISTRICT 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. 17. CONSIDERATION OF APPROVAL OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 15.60 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 yeaz. (Deputy City Manager/Development Services Director) Staff recommendation: Council continue the item to a date uncertain. This item was not discussed. Page 11 -Council Minutes July 14, 2009 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 aself-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 TAVA, 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: Page 12 -Council Minutes Jaly 14, 2009 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: Councilmember Castaneda moved to appoint Mayor Cox as voting delegate for the 2009 Annual League of California Cities Conference. Councilmember Bensoussan seconded the motion, and it carved 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 order and heard after Special Orders of the Day. C. Ratification of appointment of the following students to the for the 2009/2010 school yeaz: Elvia Valeria Vera Felipe Cazdenas Alicia Cortez Alexander Salomon Meagan Nolan Kathleen Hoskins Ashley Foz Haley Alderete Trey Johnson Michael Jimenez Maximiliano Gastelum Youth Action Council Page 13 -Council Minutes July 14, 2009 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 regazding 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 shazed a document about a Community Gazden 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. 23. 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. Page 14 -Council Minutes July 14, 2009 ADJOURNMENT 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. Lorraine Bennett, CMC, Deputy City Clerk Page 15 -Council Minutes July 14,2009