HomeMy WebLinkAbout2010/01/12 Item 1
DRAFT
MINUTES OF A WORKSHOP OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
September 10, 2009
4:00 p.m.
A Workshop of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in
the Council Chambers, located in City Hall, 276 Fourth Avenue, ChuIa Vista, California.
ROLL CALL:
PRESENT:
Councilmembers Bensoussan, Ramirez, and Chair Cox
ABSENT:
Councilmembers Castaneda and McCann (Military Leave)
ALSO PRESENT:
City Manager Sandoval, City Attorney MiesfeId, City Clerk Norris, and
Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Ramirez led the Pledge of Allegiance.
PUBLIC COMMENTS
There were none.
WORKSHOP
I. SOUTHWEST CHULA VISTA HISTORY & OVERVIEW
City Manager Sandoval introduced the item with a video highlighting ChuIa Vista's history. He
then provided an overview of the development of southwest Chula Vista, including the
Montgomery annexation.
Project Coordinator Blackmar spoke about the goals of the Southwest United in Action plan that
included assessing community priorities and needs, fostering stronger partnerships between the
City and community support organizations, and developing leadership in the Southwest
community. She then introduced Lupe Ruiz, representing the Southwest Civic Association, who
talked about the Southwest Leaders' Conference that offered opportunities to develop leadership
skills, learn about government, participate in developing strategies for strengthening southwest
Chula Vista, interact with elected officials, and build connections with other involved residents.
Deputy City Manager/Director of Development Services Halbert then spoke about priorities in
the southwest arca that included safety, traffic, and pedestrian safety infrastructure.
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September 10, 2009
DRAFT
WORKSHOP (Continued)
Tanya Rovira Osterwalder, representing Healthy Eating, Active Communities (l-[EAC),
presented some of the revitalization efforts for local parks. She also talked about community
gardens, crime prevention through environmental design, and advocacy training.
Margarita Holguin, Director, Chula Vista Community Collaborative, spoke about the
Collaborative and its goals to look at the community as a whole, bring needed services to the
population, respond to community needs, and promote community engagement
Kathleen Lembo, representing South Bay Community Services, explained the services provided
by South Bay Community Services, assisting the homeless population and victims of family
violence.
Mauricio Torres, representing South Bay Community Services, talked about the Youth Support
Services Programs.
Patty Chavez, representing South Bay Community Services, spoke about new programs to assist
with employment placement and development, family support, transport needs, childcare,
financial literacy, rental assistance, and food bank distribution.
Deputy City Manager/Director of Development Services Halbert provided information on
affordable housing projects for the southwest and next steps that included urban design
workshops.
Public Works Director Hopkins provided information on facility improvements (parks, pools,
recreation centers) that that had been made over the last 25 years. He also provided information
on public infrastructure (undergrounding utility lines, road improvements, safe routes to school
projects, graffiti abatement, wastewater, street maintenance, and sidewalk improvements) and
funding sources for the improvements.
Captain Wedge gave an overview of police services provided for the southwest region of the
City that included traffic enforcement projects, School Resource Officer Program, and crime
prevention outreach programs. Police Chief Bejarano spoke about enhancement of community-
based policing, working with the community, increased awareness and accountability, and
enhanced Tough on Crime information sharing.
Theresa Acerro, Chula Vista resident, stated that the City needed to focus on improvements in
the Montgomery area. She spoke in opposition to makirig zoning changes to light industrial in
the Southwest.
Patricia Aguilar, Chula Vista resident, concurred with the comment by City Manager Sandoval
to build upon existing assets, and she suggested formation of a community planning group for
Southwest Chula Vista as a pilot project.
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September 10, 2009
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DRAFT
WORKSHOP (Continued)
Terry Thomas, Chula Vista resident, spoke in favor of bringing back culture, arts and library
services to the southwest area, She suggested consideration of an environmental/education
center on the bayfront gateway,
Ruth Yaeonelli, Chula Vista resident, stated there were ongoing problems associated with the
lack of infrastructure in the southwest, stating that the residents wished to engage with the City
to seek solutions and to participate in the decision-making process.
Jerry Garcia, representing Southwest United in Action, commented on the need for community
participation on City issues. He then spoke about his volunteer efforts with local organizations
to improve city parks and child obesity issues. He thanked the staff for its work with the
community, and he encouraged the community to participate.
Jack Stanley, Chula Vista resident, stated that he took exception to statements that the southwest
was blighted. He suggested getting rid of the Redevelopment Agency, closing the Community
Development Department, issuing building permits upon request, and removing fees and
assessments for building projects.
Councilmember Bensoussan encouraged staff to offer bilingual outreach for neighborhood watch
programs in the southwest community. She also suggested that statT notify the Chamber of
Commerce, Broadway Business Association. and T A VA of businesses willing to dedicate space
for the Volunteer Storefront Patrol program. Regarding mixed use projects for Palomar
Gateway, she suggested marketing efforts to get the word out to prospective developers.
Couneilmember Bensoussan commented on public perception regarding trust between the
community and government, and she encouraged putting to rest any past mistakes and
assumptions by previous Councils and moving forward.
ADJOURNMENT
At 7:06 p.m., Mayor Cox adjourned the workshop to the Regular City Council meeting of
September 15, 2009 at 4:00 p.m. in the Council Chambers.
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.v-rorraine Bennett, CMC, Deputy City Clerk
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September 10. 2009
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 15, 2009
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:03
p.m. in the Council Chambcrs, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, and Mayor Cox
ABSENT: Councilmember McCann (Military Leave)
ALSO PRESENT:
City Manager Sandoval, City Attorney MiesfeId, City Clerk Norris, and
Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Chula Vista Little League Coaches Ramirez and Castro led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
· RECOGNITION OF PARK VIEW LITTLE LEAGUE TEAM'S ACHIEVEMENT AS
2009 LITTLE LEAGUE WORLD SERIES CHAMPIONS
Mayor Cox read a proclamation, proclaiming September 15,2009 as "Park View Little League
World Champions Day", and Deputy Mayor Ramirez presented Coaches Ramirez and Castro
with the proclamation. Deputy Mayor Ramirez and Councilmembers Castaneda and Bensoussan
then presented the team coaches with the banner that was displayed over the stage at the team's
homecoming event.
Sharon Jones, representing the San Diego County Oftlce of Education, presented the Little
League team with a proclamation in honor of its sportsmanship and teamwork.
Councilmember Castaneda recognized and thanked Steve Hilmer, owncr of Legacy Graphics for
its donation of the banner displayed outside of City Hall. He also thanked the many other
businesses for their donations, as well as City staff members Kim Schantz, Mark Rogers and the
Construction and Repair crew, who assisted in coordination of the Little Leaguc banner display.
Chris Boyd, Chula Vista Chamber of Commerce Prcsident, and Glen Googins, Third Avenue
Village Association (T A V A) Presidcnt, introduced Quinn Shurian, 2009 Disneyland
Ambassador. Mr. Shurian presented each of the team members and coaches with Disneyland
park hopper passes. Mr. Googins then introduced the individual team players and coaches and
invited Mayor Cox to present them each with a plaque and a key to the City. Chris Boyd
presented the team coaches with a plaque to be presented to President Obama, at the team' s
upcoming visit to the White I-louse. Mr. Boyd then introduced Peter Ronchetti, General
Manager of Legoland, California, who presented the team with a team banner made of Legos,
and noted that there was now a model of the team on display at Legoland. He also presented
each of the team members with a baseball made of Legos. Mr. Googins invited the team and
coaches to participate as honorary Grand Marshal at the Starlight Parade on December 5, 2009.
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September 15.2009
DRAFT
SPECIAL ORDERS OF THE DAY (Continued)
Coach Ramirez spoke on behalf of the team and thanked everyone for recognizing the team's
accomplishments.
. PRESENTATION OF A PROCLAMATION TO BRIDGETT LUTHER, DIRECTOR
OF CONSERVATION FOR THE STATE OF CALIFORNIA, AND DONNA CLEARY,
SAN DIEGO COORDINATOR FOR "STAND FOR LESS", PROCLAIMING
SEPTEMBER 2009 AS "STAND FOR LESS" MONTH IN THE CITY OF CHULA
VISTA
Councilmember Castaneda spoke about the City's ongoing conservation efforts, stating that the
proclamation was a token of the City's appreciation to the State for its work, and a testament of
the City's commitments to its "Stand For Less" goals. Mayor Cox then read the proclamation
and Councilmember Castaneda presented it to Ms. Luther.
.
OATHS OF OFFICE:
Derek Turbide
Julio Fuentes
Carol Gove
Alejandro Galicia
Virgil Whitehead
Resource Conservation Commission
Safety Commission
Safety Commission
Veterans Advisory Commission
Veterans Advisory Commission
City Clerk Norris administered the oaths of office to Commissioners Turbide, Fuentes, and
Galicia, and Councilmember Bensoussan presented them with Certificates of Appointment. Ms.
Gove and Mr. Whitehead were not present at the meeting.
· PRESENTATION OF CHULA VISTA'S NEWEST VERIFIED "CLEAN
BUSINESSES" BY LYNN FRANCE, ENVIRONMENTAL SERVICES PROGRAM
MANAGER
Environmental Services Program Manager France presented the "Clean Business" Program, and
recognized Allied Waste Services, San Diego Realty Inc, and Red Lobster Restaurant (342 F St.)
for their "Clean Business" practices.
· PRESENT A TION OF A PROCLAMA nON TO BARBARA ALTBAUM
COMMENDING COIN MART JEWELRY FOR ITS 50TH ANNIVERSARY IN THE
CITY OF CHULA VISTA
Mayor Cox read the proclamation and Deputy Mayor Ramirez presented it to Ms. Altbaum.
CONSENT CALENDAR
(Items 1-13)
Item 4 was removed from the agenda at the request of the City Attorney, and Item 5 was
removed from the Consent Calendar.
I. APPROVAL OF MINUTES of May 26 and June 2, 2009.
Staff recommendation: Council approve the minutes.
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September 15, 2009
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DRAFT
CONSENT CALENDAR (Continued)
2. WRITTEN COMMUNICATIONS
Letter of Resignation from Port Commissioner William Hall.
Staff recommendation: Council accept the resignation.
3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.050
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE
OF COUNCIL WORKSHOPS (FIRST READING)
Section 2.04.050 of the Chula Vista Municipal Code sets the time and place for City
Council Workshops. The current ordinance sets thc time on the fourth Thursday of the
month at four p.m. in the council confcrence room in the Civic Ccnter Complex.
Adoption of the ordinance will update the Municipal Code to renect the current practice
of convening Council Workshops on the first Thursday of the month. (Director of
Finance)
Staff recommendation: Council place the ordinance on first reading.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS WITH
SAN DIEGO COMMUNITY HOUSING CORPORATION NECESSARY FOR THE
IMPLEMENTATION OF THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT NEIGHBORHOOD STABILIZATION PROGRAM
On March 3, 2009, Council approved and appropriated Neighborhood Stabilization
Program funds that included a portion for Rental Housing for Very Low Income
Households. Staff is bringing forward the selected agencies in response to a Request For
Qualifications for Council consideration and to authorize the City Manager to execute
any necessary documents. (Deputy City Manager/Development Services Director)
Staffrecommendation: Council adopt the resolution.
5. Item 5 was removed from the Consent Calendar.
6. RESOLUTION NO. 2009-2 I 7, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTH BAY
COMMUNITY SERVICES FOR IMPLEMENTATION OF HOMELESS
PREVENTION AND RAPID RE-HOUSING SERVICES
On June 29, 2009, the Department of Housing and Urban Development approved the
City's Draft 2008-2009 Amended Annual Action Plan that proposed two activities to bc
funded with Homeless Prevention and Rapid Re-Housing funds in the amount of
$819,738. Adoption of the resolution allows the City to enter into a Memorandum of
Agreement with South Bay Community Services to carry out the homeless prevention
and rapid re-housing activities on behalf of the City. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
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September 15,2009
DRAFT
CONSENT CALENDAR (Continued)
7. A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER [5.12, GREEN
BU[LDING STANDARDS, TO THE CHULA VISTA MUNICIPAL CODE (F[RST
READING)
B. RESOLUTION NO. 2009-218, RESOLUT[ON OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE CHULA VISTA GREEN BUILD[NG
STANDARDS
On July 10, 2008, Council approved Resolution No. 2008-177 in which the
Implementation Plans for the Climate Change Working Group (CCWG) measures were
adopted. Measure 4, Green Building Standards, consists of several components, one of
which is the early adoption of the State Housing and Community Development's (HCD)
standards that are in the California Green Building Standards Code. The proposed
ordinance adopts HCD's green building standards and requires them on all residential and
non-residential construction. (Deputy City Manager/Dcvelopment Scrvices Director)
Staff recommendation: Council place the ordinance on first reading and adopt the
resolution.
8. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO
CHULA VISTA MUNICIPAL CODE SECTION 8.25.095 - CONSTRUCTION AND
DEMOLITION DEBRIS RECYCLING (FIRST READING)
In March 2008, Council adopted the Construction and Demolition Debris Recycling
Ordinance, Chula Vista Municipa[ Code 8.25.095. Staff and applicants have worked with
the process and are recommending modifications to the ordinance that will provide clarity
and a more dctailed description of thc required Waste Management Report. (Director of
Public Works)
Stall" recommendation: Council place the ordinance on first reading.
9. RESOLUTION NO. 2009-219, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING SUBM[TTAL OF FEDERAL FISCAL
YEAR 2009/2010 HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT
APPLICATIONS, AND COMMITTING MATCHING FUNDS THEREFOR
The City ofChula Vista's Department of Public Works, Engineering Division, would like
to submit grant applications for the Federal fiscal year 2009/2010 Highway Safety
Improvement Program (HSIP) Grant Program. HSIP funds are eligible for work on any
publicly owned roadway or bicycle/pedestrian pathway or trail that correct or improve the
safety of its users. Five candidate projects would be submitted prior to the October 8,
2009 deadline. (Director of Public Works)
StalTrecommendation: Council adopt the resolution.
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September 15,2009
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DRAFT
CONSENT CALENDAR (Continued)
10. RESOLUTION NO. 2009-220, RESLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING A GRANT OF $237,500 FOR LIGHT RAIL
TROLLEY IMPROVEMENT STUDY AMENDING REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM PROJECT CHV30; AMENDING THE FISCAL YEAR
2009/2010 CIP PROGRAM AND GRANT FUND PROGRAM BUDGETS;
APPROPRIATING SAID GRANT FUNDS TO' EXISTING CAPITAL
IMPROVEMENT PROJECT STM361 1-5 MULTI-MODAL CORRIDOR
IMPROVEMENT STUDY; AND AUTHORIZING AN INTERPROJECT TRANSFER
FROM EXISTING CIP STL298 TO STM361 IN THE AMOUNT OF $16,175 AS
NECESSARY TO MEET THE MINIMUM LOCAL MATCH (4/5TI-IS VOTE
REQUIRED)
The City of Chula Vista has been awarded $237,500 in grant funding from the
Transportation, Community, and System Preservation (TCSP) Program for projects
idcntified by Congress in Federal fiscal year 2009. This grant will be uscd to determine
specific design features for future light rail trolley grade separation projects within the
City ofChula Vista. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION NO. 2009-221, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE LETTER OF AGREEMENT AND
REQUEST FOR PROVISIONALLY ACCREDITED LEVEE (PAL) DESIGNATION
OF THE SWEETWATER RIVER AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE ALL NECESSARY AGREEMENTS
The Federal Emergency Management Agency (FEMA) has required that all agencies
ccrtify their levees that provide flood protection. As part of a project to provide 100-year
flood protection along the Sweetwater River, the U.S. Army Corps of Engineers
constructed channel improvements and levees along the river west of 1-805 in the 1980's.
In order to maintain the current floodplain designation for the properties previously in the
floodplain, the affected agencies must first approve the Letter of Agreement and Request
for Provisionally Accredited Levee (PAL) Designation. (Director of Public Works)
Staffrccommcndation: Council adopt the rcsolution.
12. RESOLUTION NO. 2009-222, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRANT OF $204,300 FOR STATE SAFE
ROUTES TO SCHOOL FUNDING CYCLE 8 FOR PEDESTRIAN FACILITIES AT
LAUD ERBACH ELEMENTARY SCHOOL, AMENDING THE FISCAL YEAR
2009/2010 CIP PROGRAM AND SAFE ROUTE PROGRAM FUND BY
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, STM368,
LAUDERBACH ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENTS;
APPROPRIATING $204,300 IN GRANT FUNDS TO STM368; AND AUTHORIZING
AN INTERPROJECT TRANSFER OF $25,480 IN MATCHING FUNDS FROM TF345
TO STM368 (4/5THS VOTE REQUIRED)
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September 15,2009
DRAFT
CONSENT CALENDAR (Continued)
California enacted a Safe Routes to School (SR-2S) program in 1999 with the approval of
AB 1475. The goals of the prob'Tam are to reduce injuries and fatalities to school children
and to encourage increased walking and bicycling among students. On March 24, 2009
Council authorized staff to submit applications for three projects. The State recently
notitied staff that the City has been awarded a grant of $204,300 for improvements at
Lauderbach Elementary School to enhance pedestrian safety. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
13. CITY COMMENT LETTER REGARDING THE MARINE LIFE PROTECTION ACT
INITIATIVE
The Marine Life Protection Act (MLP A) was designed to assemble a network of Marine
Protected Areas throughout California's coastline. The current MLPA Initiative in
Southern California proposes to designate some or all of the San Diego South Bay as a
State Marine Conservation area, park or reserve. Staff has prepared a comment letter and
is requesting the Council to authorize the Mayor to sign and transmit the letter. (Deputy
City Manager/Development Services Director)
Staff recommendation: Council authorize the Mayor to sign and transmit the comment
letter regarding the Marine Life Protection Act Initiative.
ACTION:
Mayor Cox moved to approve staffs recommendations and
Calendar Items 1-3 and 6-13, headings read, text waived.
Castaneda seconded the motion and it carried 4-0.
offered Consent
Couneilmember
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. A. RESOLUTION NO. 2009-216, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DOWNTOWN PARKING
MANAGEMENT STRATEGY, ACCEPTING BIDS, AND AWARDING THE
CONTRACT FOR PARKING DISTRICT MANAGEMENT AND ENFORCEMENT
TO ACE PARKING
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 10 CHAPTERS
10.08, 10.52, 10.56 AND 10.62 OF THE CHULA VISTA MUNICIPAL CODE,
RELATED TO PARKING (FIRST READING)
C. ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING THE BOUNDARIES
OF THE DOWNTOWN PARKING DISTRICT (FIRST READING)
As part of the City's management of the Downtown Parking District, staff has worked
closely with the public to identify administrative and capital improvements that can be
implemented. To accomplish this, a Parking Management Strategy is being presented
that includes a recommendation to contract management and enforcement of the District,
modification of the District boundaries, and necessary amendments of the Chula Vista
Municipal Code. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution and place the ordinances on tirst
reading.
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September 15,2009
DRAFT
CONSENT CALENDAR (Continued)
Councilmember Castaneda stated he would be abstaining from voting on Item 5 due to a
potential conflict of interest related to property ownership, and left the dais at 5:04 p.m.
Steve Burton, San Diego resident and President of Ace Parking, spoke in support of the proposed
parking management strategy.
The following members of the public spoke in support of the proposed parking management
strategy:
Reiner Leal, Chula Vista resident
Michael Green, Chula Vista resident, representing Third Avenue Village Association
(TAVA) .
ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent Calendar
Item 5, headings read, text waived. Deputy Mayor Ramirez seconded the motion and
it carried 3-0-1, with Couneilmember Castaneda abstaining.
Council member Castaneda returned to the dais at 5:10p.m.
PUBLIC COMMENTS
Adam Sparks, Lakeside resident, representing Third Avenue Village Association (TA V A),
invited everyone to the upcoming "Taste of Third Avenue" event on September 24,2009.
Richard D' Ascoli, representing Pacific Southwest Association of Realtors, announced that the
Association had secured an $11,000 grant to partner with the City and the Housing Opportunities
Collaborative, for a workshop on October 3, 2009, at Calvary Chapel, for assistance to local
homeowners who had concerns about foreclosure.
Theresa Aeerro, Chula Vista resident, suggested implementation of a monitored pilot program
for legal medical marijuana dispensaries in the City
Ed Herrera, Chula Vista resident, representing the Chula Vista Civic Association, spoke about
the application process for the Interim Councilmember appointment.
PUBLIC HEARINGS
Items 14-17 Relate to the Otav Ranch Eastern Urban Center
Notice of the hearings for Items 14-17 were given in accordance with legal requirements, and the
hearings were held on the date and at the time specified in the notice.
14. CONSIDERATION OF THE FINAL SECOND TIER ENVIRONMENTAL IMPACT
REPORT (EIR 07-01) FOR THE OTA Y RANCH EASTER,\! URBAN CENTER
SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAP
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September 15,2009
DRAFT
PUBLIC HEARINGS (Continued)
In accordance with the requiremcnts of the California Environmental Quality Act
(CEQA), a Second Ticr Environmcntal Impact Report (ElR), CEQA Findings of Fact,
and Mitigation Monitoring and Reporting Program (MMRP) have been preparcd for the
Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and
Tentative Map (TM). Written comments were received during the public review period,
and responses to the comments are included in the Final EIR. The Planning Commission
must consider the Final EIR beforc taking any action on the EUC SPA Plan and TM.
(Deputy City Manager/Development Services Director)
City Manager Sandoval introduced the item, and noted that the project would help achieve thc
economic dcvelopment phase of the Fiscal Health Plan, as it would bring high paying jobs to the
City.
Project Consultant Marni Borg provided information on the Final Environmental Impact Report
for the project. She noted that the environmental impact report conservatively states that the
water supply would be lessened due to this and other projects added to the region.
Project Consultant Tony Lettieri then presented the project's water conservation measures.
Judith Taylor, representing Economic Research Associates, presented the Fiscal Impact Analysis
for fiscal revenues expected to be generated as a result of the project. Finance Director
Kachadoorian further explained how the analysis would atIect the City's budget.
Mr. Letteiri presented the proposed development agreement, and talked about its benefits to the
City and to the developcr.
Mayor Cox announced that the public hearings for Items 14-17 would be opened arid conducted
simultaneously, as they all related to the Otay Ranch Eastern Urban Center. Shc then
acknowledged the project applicants, Mark McMillin and Todd Galarneau, who spokc in support
of the proposed plan.
Mr. Galarneau then presented information related to the design of the project, and spoke about
the studies and presentations that had bcen conducted. He noted that the project had received
written support from Third Avenue Village Association (TA V A), SANDAG, Otay Ranch Town
Center owners, National Energy Center for Sustainable Energy, and other busincsses located
near the proposed project. He stated that the land planning had been completed as a pilot project
with LEED (Leadcrship for Energy and Environmental Design) for neighborhood development
and Chula Vista Research Project on how to build energy-efficient technologies.
Mayor Cox opened the public hearings for Items 14-17.
Richard D' Ascoli, representing the Pacific Southwcst Association of Realtors spoke in support
of the proposed project.
Theresa Acerro, Chula Vista resident, stated that all impacts for the project needed to be fully
mitigated. She asked how the City would finance personnel for a new tire station, new police
officers, library staff, and street maintenance crews. She also spoke of concerns with future
issues of water shortages and sewage facilities to accommodate additional densities. She stated
there was a need to attract more high paying jobs to allow people to afford living in the City.
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September 15, 2009
DRAFT
PUBLIC HEARINGS (Continued)
Jackie Lancaster, Chula Vista resident, spoke in support of the proposed 20 percent conservation
over Title 24 requirements for residential buildings. She stated a need for implementation of re-
watering systems in new buildings with zero run-off and minimal impacts to sewer systems. She
also recommended a requirement for tankless water heaters, and commented on environmental
issues and transit concerns associated with poor planning.
Margaret Tuitt, Chula Vista resident, stated there was a lack of parkland for regulation-sized
soccer and baseball fields in the proposal.
The following members of the public spoke in support of the proposed project:
Cindy Gompper Graves, representing the South County Economic Development Council
Tina Williams, Chula Vista resident, representing herself and South Bay YMCA
Stath Karras, Solana Beach resident, representing Cushman Wakefield
Lorenzo Garrido, Chula Vista resident, representing himself and South Bay Expressway
Glen Googins, Chula Vista resident, representing Third A venue Village Association
Chris Boyd, Chula Vista resident, representing Chula Vista Chamber of Commerce
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearings for Items 14-17.
Deputy City Manager/Development Services Director Halbert responded to some of the issues
raised by the speakers.
Councilmember Bensoussan spoke in favor of using tank less water heaters, placing low-income
housing away from freeways, and providing a storefront for senior volunteer police patrol.
ACTION:
Mayor Cox moved to adopt the following Resolution No. 2009-223, heading read,
text waived.
RESOLUTION NO. 2009-223, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT:
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS;
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM
AND CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL
IMPACT REPORT (EIR 07-01) FOR THE OTA Y RANCH EASTERN URBAN
CENTER SECTIONAL PLANNING AREA (SPA) PLAN AND TENTATIVE
MAP (TM) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Councilmember Castaneda seconded the motion and it carried 4-0.
15. CONSIDERATION OF A SECTIONAL PLANNING AREA PLAN TNCLUDfNG
PLANNED COMMUNITY DISTRICT REGULATlONS/DESIGN PLAN (FORM
BASED CODE), PUBLIC FACILITIES FINANCE PLAN, AND AFFORDABLE
HOUSING PROGRAM, ON 207 ACRES OF LAND IN THE EASTERN URBAN
CENTER PORTION OF THE OTAY RANCH, AND A TENTATIVE SUBDfVISION
MAP FOR THE EASTERi\! URBAN CENTER PORTION OF THE OTA Y RANCH
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September 15, 2009
DRAFT
PUBLIC HEARINGS (Continued)
The applicant, McMillin Otay Ranch, LLC filed the Eastern Urban Center (EUC)
Sectional Plan Area (SPA) (PCM 06-08) on April 14,2006 and the Tentative Map (PCS
09-03) on May 12,2009. The EUC SPA defines the land use character and mix, design
criteria, transportation system, and public infrastructure requirements for this 207 -acre
site. The EUC SPA Plan includes the Planned Community District RegulationslDesign
Plan (Form Based Code), Public Facilities Finance Plan, AfJordable Housing Program,
Sustainability Element, and Parks Master Plan. The Tentative Map (PCS 09-03)
implements the SPA Plan by providing for the subdivision oflots and the detailed design
of a circulation system and other public improvements consistent with the SPA Plan,
including sufficient right-of-way for the extension of Bus Rapid Transit (BRT) through
the EUC. (Deputy City Manager/Development Services Director)
ACTION:
A.
Deputy Mayor Ramirez moved to place the following Ordinance on first reading,
and to adopt the following Resolution Nos. 2009-224 and 2009-225, headings
read, text waived:
B.
ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE
SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT
(FORM BASED CODE) REGULATIONS FOR OT A Y RANCH EASTERN
URBAN CENTER (FIRST READING)
RESOLUTION NO. 2009-224, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING A SECTIONAL PLANNING
AREA (SPA) PLAN INCLUDING PLANNED COMMUNITY DISTRICT
REGULA TIONSIDESIGN PLAN (FORM BASED CODE), PUBLIC
FACILITIES FINANCE PLAN, AFFORDABLE HOUSING PROGRAM AND
OTHER REGULATORY DOCUMENTS ON 207 ACRES OF LAND IN THE
EASTERN URBAN CENTER PORTION OF THE OTA Y RANCH
C.
RESOLUTION NO. 2009-225, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING A TENTATIVE SUBDIVISION
MAP FOR THE EASTERN URBAN CENTER PORTION OF THE OTA Y
RANCH
Councilmember Bensoussan seconded the motion and it carried 4-0.
16. CONSIDERA TION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND MCMILLIN OTA Y RANCH LLC FOR MCMILLIN'S
PORTION OF THE EASTERN URBAN CENTER
In conjunction with consideration of its application for a SPA Plan and Tentative Map the
applicant is proposing a Development Agreement for its portion of the Eastern Urban
Center (EUC) project. The proposed Development Agreement provides greater certainty
in the development of the project to the applicant and provides additional benetits to the
City that would otherwise not be realized. Approval of the Development Agreement is
integral to being able to finance and develop the project as it is identified in the SPA
Plan. (Deputy City Manager/Development Services Director)
Page 10 - Council Minutes
18-/0
September 15,2009
DRAFT
PUBLIC HEARINGS (Continued)
ACTION:
Councilmember' Bensoussan moved to place the following Ordinancc on first
reading:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MCMILLIN OTAY RANCH LLC FOR MCMILLIN'S PORTION OF
THE EASTERN URBAN CENTER (FIRST READING)
Councilmember Castaneda scconded thc motion and it carried 4-0.
17. CONSIDERATION OF THE EASTERN URBAN CENTER PARKS AGREEMENT
FOR THE CONSTRUCTION OF PARKS IN A PORTION OF OTA Y RANCH
EASTERN URBAN CENTER
The applicant, McMillin Otay Ranch, LLC, filed the Eastern Urban Center (EUC)
Sectional Plan Area (SPA) (PCM 06-08) on April 14, 2006, and the Tentative Map
(PCMS 09-03) on May 12, 2009. The EUC SPA defines the overall park and recreational
program related to serving the nceds of the Project. The EUC SPA Plan includes a Parks
Master Plan Program. Integral to the succcssful implementation of the EUC Parks
Master Plan Program is the development and construction of EUC parks and recreation
facilities. The EUC Park Agreement provides assurances for thc development and
construction of the EUC parks and recreation facilities. (Deputy City
Manager/Development Services Director)
ACTION:
Councilmember Castaneda moved to adopt the following Resolution No. 2009-
226, heading read, text waived:
RESOLUTION NO. 2009-226, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE AGREEMENT
REGARDING CONSTRUCTION OF PARKS IN A PORTION OF OTAY
RANCH EASTERN URBAN CENTER
Mayor Cox seconded the motion and it carricd 4-0.
At 7:25 p.m., Mayor Cox recessed the meeting. The meeting reconvened at 7:50 p.m. with all
members present.
18. CONSIDERATION OF AN APPEAL OF THE DETERMINATION OF THE
DEVELOPMENT SERVICES DIRECTOR THAT THE PROJECT (TPM 08-08
SUBDIVISION OF A 23,381 SQUARE FOOT SITE INTO THREE LEGAL LOTS) IS
CA TEGORICALL Y EXEMPT FROM THE PROVISIONS OF TI-IE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PER SECTION 15315 OF THE STATE CEQA
GUIDELINES. THE SITE IS LOCATED AT 634 SECOND AVENUE
The appellant is appealing the project's categorical exemption per Section 15315 (minor
land divisions) of the State CEQA Guidelines. (Deputy City Manager/Development
Services Director)
Page II - Council Minutes
/ /3-//
September 15.2009
DRAFT
PUBLIC HEARINGS (Continued)
Staff recommendation: Council conduct the public hearing and adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE
DEVELOPMENT SERVICES DIRECTOR THAT THE PROJECT IS
CA TEGORICALL Y EXEMPT FROM CEQA PURSUANT TO SECTION
15315 (MINOR LAND DIVISION) OF THE STATE CEQA GUIDELINES
AND TO DENY THE REQUEST TO WAIVE ALL APPLICATION FEES FOR
THIS PROJECT -SAVE OUR HERITAGE ORGANIZATION
Mayor Cox announced that Item 18 would not bc heard since the matter was resolved prior to the
Council meeting, and the appellant had withdrawn the appeal.
ACTION ITEMS
19. CONSIDERATION OF ACCEPTING THE 12-MONTH PROGRESS REPORT ON
CLIMATE PROTECTION MEASURES IMPLEMENTATION
The report outlines staffs recent progress in implementing the seven new climate
protection measures and pursuing the Council-approved financing strategy. Most
measures are being partially implemented based on existing and new external funding
sources and are generally meeting the initial milestones outlined in their original
implementation plans. However, staff is proposing to transition the no-cost business
energy assessment program (Measure 3) into a mandatory component of the business
licensing process due to low voluntary participation levels. In addition, the City still
needs to secure a long-term funding source to support the measures' full, sustained
implementation and to help reach the City's carbon emissions reduction target. (Director
of Conservation and Environmental Services)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
(I) ACCEPTING THE 12-MONTH PROGRESS REPORT ON CLIMATE
PROTECTION MEASURES IMPLEMENTATION, (2) DIRECTING STAFF
TO DEVELOP MANDATORY BUSINESS ASSESSMENT ORDINANCE
LANGUAGE FOR FUTURE COUNCIL CONSIDERATION, AND (3)
DIRECTING STAFF TO RETURN WITHIN 180 DAYS WITH ANOTHER
IMPLEMENTATION UPDATE
Environmental Resource Manager Reed provided the background of the Climate Protection
Measures, and gave a I 2-month report on the progress on implementation of the measures.
Administrative Services Manager Beamon provided information on Measures 1 (High
efficiency/alternative fuel replacement vehicles for City fleet) and 2 (High eHiciency/alternative
replacement vehicles for city-contracted fleets).
Staffmember Reed presented data on Measure 3 (Business Energy Assessments). He then
recommended consideration by the Council, of a mandatory assessment. stating that it was staff s
intent to work with the Chamber of Commerce and other stakeholders over the next two months
to develop policy language.
Page 12 - Council Minutes
/8-/2-
September 15, 2009
DRAFT
ACTION ITEMS (Continued)
Deputy Building Official EI Khazan provided the status of implementation of Measure 4 (Green
Building Standards).
Staff member Batchelder provided information on the Community Design and Regulatory
Provisions component of Measure 4 (Green Building Standards), which included a community
sustainability program and zoning and design guidelines, and a Chula Vista Research Project
(CVRP) and National Energy Center for Sustainable Communitics (NECSe) community design
program.
Staff member Reed provided information on Measures 5 (Energy Efficiency and Solar
Conversion) and 7 (Turf Convcrsion Program), and staff membcr Batchelder presentcd the status
of Measure 6 (Smart Growth Around Trolley Stations).
Director Meacham discussed the financing strategy.
Richard D' Ascoli, representing the Chamber of Commerce, stat cd his concern about making the
measures mandatory. He commented on poor marketing by the City of the proposed assessment
program, and suggested further community outreach on the matter.
Scott Molloy, San Diego resident, representing the Building Industry Association, spoke about
his concerns with the proposed mandate on new construction to exceed Title 24 requirements by
15 to 20 percent, stating that new construction was already highly energy-efficient, and that it
was not the right time to move forward with such a mandate, given current economic conditions
in the building industry.
Gracc Cory, Chula Vista resident, representing the City's Resource Conservation Commission,
spoke in support of mandatory energy assessments for businesses, stating that the Commission
voted unanimously to support mandatory business assessments, and she urged the Council to do
the same.
Mayor Cox stated her concern about a mandatory business assessment and suggcsted instead,
that the existing "green businesses" undertake roles as ambassadors for other businesses to learn
about increasing energy efficiencies.
Councilmember Bensoussan asked staff to look at ways to change the name, "mandatory"
business assessment, to make it less intimidating.
Deputy Mayor Ramirez suggested that staff communicate to businesses that "mandatory business
assessments" was an assessment only, and not an invasion of business privacy. To that end, he
suggested that statI otTer businesses positive incentives for energy assessments and address any
concerns by the businesses. .
Mayor Cox requested Council consideration to remove the word "mandatory" from the proposed
"mandatory business assessment", with the suggestion to replace it with language such as "apply
for a business license and get a free energy assessment". There was no Council support to
remove the word "mandatory,"
Page 13 - Council Minutes
) /3-13
September 15, 2009
DRAFT
ACTION ITEMS (Continued)
Mayor Cox requested that Council amend the proposed resolution to separate the direction to
develop mandatory business assessment ordinance language.
ACTION:
Deputy Mayor Ramirez moved to adopt the following Resolution No. 2009-227,
as amended:
RESOLUTION NO. 2009-227, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING THE 12-MONTH PROGRESS
REPORT ON CLIMATE PROTECTION MEASURES IMPLEMENTATION,
AND DIRECTING STAFF TO RETURN WITHIN 180 DAYS WITH
ANOTHER IMPLEMENTATION UPDATE
Councilmember Castaneda seconded the motion and it carried 4-0.
ACTION:
Deputy Mayor Ramirez moved to adopt the following Resolution No. 2009-228,
as amended:
RESOLUTION NO. 2009-228, RESOLUTION OF THE CITY COUNCIL OF
TI-IE CITY OF CHULA VISTA DIRECTING STAFF TO DEVELOP
MANDATORY BUSINESS ASSESSMENT ORDINANCE LANGUAGE FOR
FUTURE COUNCIL CONSIDERATION
Councilmember Castaneda seconded the motion and it carried 3-1, with Mayor
Cox opposed.
20. CONSIDERATION OF AMENDING THE AGREEMENT BETWEEN AMERICAN
MEDICAL RESPONSE AND THE CITY
The Fire Department is requesting City Council approval of an amendment to the
ambulance service original agreement between American Medical Response (AMR) and
the City of Chula Vista. If approved, this amendment will increase the ambulance
transport rate that is charged by AMR in order to generate the necessary pass-through
revenues to fund the yearly lease cost financed by the Kansas State Bank of Manhattan
for medical resuscitation equipment from acquired from Zoll Corporation. (Fire Chief)
Fire Chief Hanneman provided information regarding the proposed agreement.
ACTION:
Councilmember Castaneda moved to adopt the following Resolution No. 2009-
229, heading read, text waived:
RESOLUTION NO. 2009-229, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
AMBULANCE SERVICE ORIGINAL AGREEMENT BY AND BETWEEN
AMERICAN MEDICAL RESPONSE AND THE CITY OF CHULA VISTA,
AND AUTHORIZING THE MA YOR TO EXECUTE THE AGREEMENT
Councilmember Bensoussan seconded the motion and it carried 4-0.
Page 14 - Council Minutes
J 8-/'1
September 15,2009
DRAFT
OTHER BUSINESS
21. CITY MANAGER'S REPORTS
City Manager Sandoval stated that staff would be providing the Council with an update in
October regarding funding takeaways by the State. He reported that the City had closed its
books for last fiscal year with no adjustments. He stated that Fire Chief Hanneman would
present an overview of fire protection for the City in October, including next steps regarding the
City's Emergency Operations Center.
22. MA YOR'S REPORTS
Item 22B was taken out of order and addressed prior to Item 22A.
B.
Ratification of the appointment of Sandra Villegas-Zuniga to the Civil Service
Commission.
ACTION:
Mayor Cox moved to appoint Sandra Villegas-Zuniga to the Civil Service
Commission. Deputy Mayor Ramirez seconded the motion and it carried 4-0.
Mayor Cox commented on the success of the recent Sweetwater Union High School District
event in cooperation with the Y1vICA to inform the community about construction jobs in the
district that were a result of the passage of Proposition "0". She announced the upcoming
"Committee of 100" meeting on Monday, September 21, 2009 to discuss the City's upcoming
centennial. She invited volunteers to participate in the upcoming "Beautify ChuIa Vista" event
on October 17th.
A. Discussion and possible dccision regarding Port Commissioner and Interim City
Councilmembcr interviews.
Mayor Cox suggcsted that Port Commission interviews be conducted September 22, and thc
process for Interim City CounciImember be discussed.
CounciImember Bensoussan spoke in support of maintaining the interview process for Interim
Couneilmember that was previously outlined and decided on. She requested Council
consideration to move the Port Commissioner interviews from October 13,2009 to September
29th, with the intent of having a seated Port Commissioner to participate in the next Port
Commission meeting on October 6,2009.
ACTION:
Councilmember Bensoussan moved to hold a Special Council Meeting on
September 29, 2009 at I :00 p.m., in the Council Chambers, to conduct Port
Commission interviews. Deputy Mayor Ramirez seconded the motion and it
carried 4-0.
Page 15 - Council Minutes
I f3 -/~
September 15,2009
DRAFT
23. COUNCILMEMBERS' COMMENTS
Councilmember Castaneda recognized local business owner, Steve Epsten for providing free
relocation of the trailers from the city's rear parking lot to the Chula Vista Animal Care facility.
To that end, he suggested that a letter of appreciation be sent by the Mayor's Office to Mr.
Epsten. He acknowledged Code Enforcement Manager Leeper and the City's Planning staft~ on
receipt of the National League of Cities Helen Putnam award for the abandoned residential
property program.
Councilmember Bensoussan recommended that the City Manager's Report portion of the agenda
be placed at the beginning of the agenda, so that the comments could be heard by the larger
audience. City Attorney Micsfeld responded that the Municipal Code set the seyuence of items,
so any changes would require a code change. Councilmember Bensoussan reminded everyone
about the "Committee of 100" meeting on September 21,2009.
Deputy Mayor Ramirez announced the Eastlake Tavern restaurantlbowling alley ribbon cutting
event on September 16, 2009. He attended the Sweetwater School District outreach event, to
encourage local contractors to participate in construction work in the South Bay. He requested
staff to place the International Friendship Games event scheduled for May 15, 2010, on the
October 6, 2009 Council agenda for Council consideration.
Mayor Cox recessed the meeting at 10:00 p.m. to convene in Closed Session.
CLOSED SESSION
24. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: Library Director
ACTION:
Councilmember Castaneda moved to appoint Betty Waznis as Library Director.
Deputy Mayor Ramirez seconded the motion and it carried 4-0.
25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
1. Deanna Morv. et al. v. Citv of Chula Vista. et al.. United States District Court, Case
No. 06-CV-1460 JAH (BLM)
2. Deanna Morv. et at v. City of Chula Vista. et al.. United States District Court, Case
No. 07-CV-0462 JLS (BLM)
No reportable action was taken on these items.
Page 16 - Council Minutes
/8-/ "
September 15,2009
DRAFT
ADJOURNMENT
At 10:20 p.m., Mayor Cox adjourned the meeting to the Special Council meeting on September
22, 2009 at 1 :00 p.m. in the Council Chambers (Interim Couneihnember interviews and
appointment), thence to a Special Council Meeting on September 29, 2009 at ] :00 p.m. in the
Council Chambers (Port Commissioner interviews and appointment), and thence to a Regular
Council Meeting on October 6, 2009 at 4:00 p.m. in the Council Chambers.
~
/Lorraine BennetL CMC, Deputy City Clerk
~
Page 17 - Council Minutes
/8-/7
September 15,2009
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 22, 2009
1:00 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at 1:02 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 (Military Leave)
ALSO PRESENT:
City Manager Sandoval, City Attorney Miesfeld, and City Clerk
Norris
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
INTERVIEWS
1. INTERVIEWS AND APPOINTMENT OF INTERIM CITY COUNCILMEMBER TO
SERVE DURING THE ABSENCE OF COUNCILMEMBER MC CANN
Larry Breitfelder questioned the City Council's authority to appoint an Interim City
Councilmember during Councilmember McCann's absence. He suggested that the Council not
make the appointment if the appointment would cause the City to be on "thin ice".
Jim Doud, Chula Vista resident, stated that the appointment of an Interim City Councilmcmber
will be legally challenged, and seemed questionable. He asked the Council to ensure that this
action is indisputably correct before goin'g forward.
Michael McSweeney, San Diego resident, stated that his interpretation of thc City's Charter
didn't allow appointment of an Interim City Councilmember. He further stated that should the
appointment be invalidated, all actions taken by the Council could also be invalidated. He urged
the Council not to make an interim appointment.
Paula Whitsell, Chula Vista resident, expressed concern regarding possible consequences should
an Interim Councilmember be appointed. She then read a letter from Richard Alvarez in
opposition to the appointment of an Interim City Councilmember. In the letter, Mr. Alvarez
stated that a lawsuit would be filed if the Council continues down the path of appointment
without valid legal authority to do so.
Ted Kennedy, Chula Vista resident, spoke in regard to not being selected for an interview.
Page 1 - Council Minutes
I C.-I
September 22. 2009
DRAFT
INTERVIEWS (Continucd)
In rcsponsc to qucstions from thc Council, City Attorncy Micsfcld statcd that prior to hcaring thc
public spcakers, hc was not aware of any specific threatened litigation. Discussion continued
between the City Attorncy and the Council regarding the legal aspects of an interim appointment.
Councilmember Castaneda suggested, sincc litigation was threatened, that the Council convene
in Closed Session to discuss the threat of litigation.
City Attorney Miesfeld suggested a short recess to allow him an opportunity to review the laws
relatcd to adding a Closed Session item to the agenda.
Mayor Cox recessed the Council meeting at I :36 p.m.
The Council mecting reconvened at 1 :51 p.m., with Councilmembcrs Bensoussan, Castancda,
Ramirez, and Mayor Cox present.
City Attorney Miesfeld advised that the Brown Act and Municipal Code allow a mattcr to bc
added to the agenda, if upon determination by a two-thirds vote of the Council, there was a need
to take immediate action, and that need arose subsequcnt to the posting of the agcnda. He
advised that the Council could go into Closed Session to address the issuc of threatened
litigation.
ACTION:
Councilmembcr Castaneda, following the description of necessary findings by
City Attorney Miesfeld, moved to convene in Closed Session to discuss the threat
of litigation. Mayor Cox scconded the motion, and it carried 4-0.
City Attorney Miesfeld stated for the rccord that the City Council could go into Closed Session
pursuant to Government Code Section 54956.9(b)(3)(d), to discuss the thrcat of litigation that
was made during open scssion and for legal counsel to provide the Council with additional
information related to the potential litigation.
At 1 :56 p.m., Mayor Cox recessed the City Council meeting to convene in Closed Session
pursuant to Governmcnt Code Sections 54956.9(b)(3)(c) and 54956.9(b)(3)(d) for the purposes
of discussing the thrcatencd litigation and the dccision regarding the appointment of an Interim
Councilmember.
City Attorney Miesfeld stated that during the I :36 p.m. rccess, he had rcceived written threat of
litigation, and advised that the document was available for thc public through the City Clerk.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(3)(c) AND
54956.9(b )(3)( d)
Page 2 - Council Minutes
!~-2
September 22, 2009
DRAFT
CLOSED SESSION (Continued)
One case: Threat of potential litigation regarding the COLlncil's authority to appoint a
councilmembcr to fill Councilmember McCann's seat for the duration of his military
deployment.
ACTION:
The City Council agreed, with a vote of 4-0, to conduct interviews, but postponed
any deliberation on the selection process until Tuesday, September 29, 2009, The
Council further agreed to a self-imposed silence with regard to the selection
process and interviews until Tuesday, September 29, 2009,
The Council meeting reconvened in open session at 2:34 p.m., with Couneilmembers
Bensoussan, Castaneda, Ramirez, and Mayor Cox present.
Mayor Cox announced the action taken in Closed Session, She stated that the schedule for
September 29, 2009 was anticipated to begin at I :00 p.m., starting with Closed Session to allow
City Attorney Miesfeld to discLlss the threatcncd litigation, followed by Open Session to have
deliberations for the Councilmember appointment, and then interviews for Port Commissioncr.
The Council then interviewed the following applicants for Interim City Councilmember:
Mitchell Thompson, Kevin O'Neill, and William Hall,
Councilmember Castaneda requested that staff prepare a letter to be submittcd as written
comments for a hearing of the State Watcr Resource Control Board, regarding its proposed
policy to eliminate or mitigate impacts to the shorelines and marine ecosystem caused by
shoreline power plants, one of which was the South Bay power plant. He statcd that the letter
was due by October 1, and requested that the letter be added to the September 29, 2009 Special
Meeting agenda fDr Council consideration.
It was the consensus of the Council to add the letter to the Spccial Meeting agenda for September
29,2009,
ADJOURNMENT
At 4:29 p.m., Mayor Cox adjourned the meeting to the Special Council Meeting on September
29,2009 at I :00 p.m. in the Council Chambers; thence to a council workshop on October 1,2009
at 4:00 p.m, and thence to the regular City Council and Redevelopment Agency meeting on
October 6, 2009 at 4:00 p.m.
----
~V'Donna R, Norris, CMC, City Clerk
Page 3 - Council Minutes
IC-3
September 22, 2009
DRAFT
"
MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
September 29,2009
1:00 p.m.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 1:03 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 (Military Leave)
ALSO PRESENT:
City Manager Sandoval, City Attorney Miesfeld, and City Clerk Norris
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
At I :04 p.m., Mayor Cox recessed the meeting to convene in Closed Session.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
.
One case
No reportable action was taken on this item.
The meeting reconvened at 1:5 I p.m., with Councilmembers Bensoussan and Castaneda, Deputy
Mayor Ramirez and Mayor Cox present.
City Attorney Miesfeld stated that in response to the threat of litigation regarding appointment of
an Interim City Councilmember, he had retained Legal Counsel Tom Brown, a specialist in the
area of Municipal Law, and in particular the application of Charters for Charter Cities.
Legal Counsel Brown provided the Council with his opinion that, based on Chula Vista Charter
sections 200 and 201, and the Military and Veterans Code, it was clear and the law was well-
settled that the Council had the discretion to exercise its right to appoint an Interim
Councilmember to serve until Councilmember McCann's return from military leave.
Councilmember Bensoussan suggested that for future appointments, a policy bc implemented to
make the process as transparent as possible by making the nominees' names submitted by each
Councilmember public.
Mayor Cox suggested that direction be given to the City Clerk to note Councilmember
Bensoussan's recommendation, and to bring that recommendation to thc Council's attention
should a future appointment be necessary.
It was the consensus of thc Council to bring this matter back to the Council on a future agenda
for discussion.
Page 1 - Council minutes
1])-1
September 29, 2009
DRAFT
ACTION ITEMS
2. COUNCIL DELIBERATION AND APPOINTMENT OF AN INTERIM CITY
COUNCILMEMBER TO SERVE DURING THE ABSENCE OF COUNCILMEMBER
MC CANN
.
OAT I-I OF OFFICE
COUNCILMEMBER
FOR
NEWL Y
APPOINTED
INTERIM
Mayor Cox announced that she would be voting against the appointment of an Interim
Councilmember, and that her vote would not indicate opposition to any of the applicants.
Lisa Cohen, representing the Chula Vista Chamber of Commerce, spoke in support of the
appointment of William Hall as Interim Councilmember.
ACTION:
Deputy Mayor Ramirez moved to appoint Mitchell Thompson as Interim City
Councilmember. Councilmember Castaneda seconded the motion, and it carried
3-1, with Mayor Cox voting no.
City Clerk Norris administered the oath of office to Mitchell Thompson.
At 2:20 p.m., Mayor Cox recessed the meeting. At 2:35 p.m., the City Council meeting
reconvened with Council members Bensoussan, Castaneda, Ramirez, Thompson, and Mayor Cox
present.
3. INTERVIEWS AND APPOINTMENT OF PORT COMMISSIONER FOR THE TERM
ENDING JANUARY 2, 2011
The following members of the public spoke in support of the appointment of Steve Padilla as
Port Commissioner:
Assemblymember Mary Salas, Chula Vista resident
Brenda Leczinski, Chula Vista resident
Carmen Spurling, representing Congressman Bob Filner
Karen Castillo-Leyba, Chula Vista resident
Sharon Floyd, Chula Vista resident
William Hall, Chula Vista resident
The following members of the public spoke in support of the appointment of Ann Moore as Port
Commissioner:
Earl Jentz, Chula Vista resident
Peter Watry, Chula Vista resident
The Council interviewed applicants Stephen Padilla and Yuri Calderon.
Page 2 - Council minutes
ID-2
September 29, 2009
DRAFT
INTERVIEWS (Continued)
At 4:06 p.m., Mayor Cox recessed the mecting, and announced that the Council would interview
Ann Moore following the recess. At: 4: I 9 p.m., the City Council meeting reconvencd with
Councilmembers Bensoussan, Castancda, Ramirez, Thompson. and Mayor Cox prescnt.
Thc Council then interviewcd applicant Ann Moore.
ACTION:
Mayor Cox moved to appoint Ann Moorc as Port Commissioner. Councilmember
Castaneda seconded the motion.
ACTION:
Council member Bensoussan made a substitute motion to appoint Steve Padilla as
Port Commissioncr. Councilmcmber Thompson sccondcd the motion, and it
carricd 3-2, with Councilmember Castaneda and Mayor Cox voting no.
OTHER BUSINESS
4. COUNCILMEMBER COMMENTS
Councilmember Castaneda:
Consideration of sending a lettcr to the State Water Resourccs Control Board
rcgarding Dynegy's water discharge permit at South Bay Power Plant
Laura Hunter, representing the Environmcntal Health Coalition, spoke in favor of sending thc
letter to the State Water Resources Control Board, and stated that Tam Doduc, Member of the
State Water Resources Board, would be in Chula Vista on October 7 to sec thc South Bay Power
Plant, and requested that the City Councilmembers or the Energy Subcommittce meet with Ms.
Doduc whilc she was in town.
Mayor Cox suggcsted typographical corrections be made to the letter and that a linc be added for
Interim Councilmember Thompson's signature.
Councilmember Bensoussan suggested additional amendments to the wording of the letter.
Mayor Cox asked that each member sign the amended letter the next day.
Councilmember Thompson authorized the secretary of the Mayor and Council office to apply his
elcctronic signature to the letter.
ACTION:
The Council voted 5-0 to send the lettcr as amended to the Statc Watcr Resources
Control Board regarding Dynegy's water discharge permit at South Bay Power
Plant.
At 5:29 p.m., Mayor Cox adjourned the meeting to thc next Regular Council Meeting on October
6,2009 at 4:00 p.m. in the Council Chambers.
~
v'. Donna Norris, CMC, City Clerk
Page 3 - Council minutes
10-3
September 29, 2009