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HomeMy WebLinkAboutcc min 2009/09/15MINUTES 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 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, 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 "Pazk 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 Office of Education, presented the Little League team with a proclamation in honor of its sportsmanship and teamwork. Councilmember Castaneda recognized and thanked Steve Hilmer, owner 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 League banner display. Chris Boyd, Chula Vista Chamber of Commerce President, and Glen Googins, Third Avenue Village Association (TAVA) President, 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 House. 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. Page 1 -Council Minutes September 15, 2009 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 Cazol 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. PRESENTATION OF A PROCLAMATION 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. APPROVAL OF MINUTES of May 26 and June 2, 2009. Staff recommendation: Council approve the minutes. Page 2 -Council Minutes September 15, 2009 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 the time on the fourth Thursday of the month at four p.m. in the council conference room in the Civic Center Complex. Adoption of the ordinance will update the Municipal Code to reflect 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) Staff recommendation: Council adopt the resolution. Item 5 was removed from the Consent Calendar. 6. RESOLUTION NO. 2009-217, 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 be 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. Page 3 -Council Minutes September 15, 2009 CONSENT CALENDAR (Continued) 7. A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.12, GREEN BUILDING STANDARDS, TO THE CHULA VISTA MUNICIPAL CODE (FIRST READING) B. RESOLUTION NO. 2009-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA GREEN BUILDING 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 Standazds, consists of several components, one of which is the early adoption of the State Housing and Community Development's (HCD) standazds that aze in the California Green Building Standazds Code. The proposed ordinance adopts HCD's green building standazds and requires them on all residential and non-residential construction. (Deputy City Manager/Development Services 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 Municipal Code 8.25.095. Staff and applicants have worked with the process and aze recommending modifications to the ordinance that will provide clarity and a more detailed description of the required Waste Management Report. (Director of Public Works) Staff 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 SUBMITTAL OF FEDERAL FISCAL YEAR 2009/2010 HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT APPLICATIONS, AND COMMITTING MATCHING FUNDS THEREFOR The City of Chula 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) Staff recommendation: Council adopt the resolution. Page 4 -Council Minutes September 15, 2009 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 I-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/STHS VOTE REQUIRED) The City of Chula Vista has been awazded $237,500 in grant funding from the Transportation, Community, and System Preservation (TCSP) Program for projects identified by Congress in Federal fiscal year 2009. This grant will be used to determine specific design features for future light rail trolley grade separation projects within the City of Chula Vista. (Director of Public Works) Staff recommendation: Council adopt the resolution. 11. 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 certify 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 I-805 in the ] 980'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) Staff recommendation: Council adopt the resolution. 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 LAUDERBACH 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/STHS VOTE REQUIRED) Page 5 - Council Minutes September 15, 2009 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 program aze 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 notified staff that the City has been awazded 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 Mazine Life Protection Act (MLPA) 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 azea, park or reserve. Staff has prepazed 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 offered Consent Calendaz Items 1-3 and 6-13, headings read, text waived. Councilmember Castaneda seconded the motion and it carved 4-0. 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 Pazking District, staff has worked closely with the public to identify administrative and capital improvements that can be implemented. To accomplish this, a Pazking 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 first reading. Page 6 -Council Minutes September 15, 2009 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 Pazking, spoke in support of the proposed parking management strategy. The following members of the public spoke in support of the proposed pazking management strategy: Reiner Leal, Chula Vista resident Michael Green, Chula Vista resident, representing Third Avenue Village Association (TAVA) ACTION: Mayor Cox moved to approve staff's recommendation and offered Consent Calendar Item 5, headings read, text waived. Deputy Mayor Ramirez seconded the motion and it carried 3-0-1, with Councilmember Castaneda abstaining. Councilmember Castaneda returned to the dais at 5:10 p.m. PUBLIC COMMENTS Adam Sparks, Lakeside resident, representing Third Avenue Village Association (TAVA), 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 Acerro, Chula Vista resident, suggested implementation of a monitored pilot program for legal medical marijuana dispensazies 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 Ota~Ranch Eastern Urban Center Notice of the heazings for Items 14-17 were given in accordance with legal requirements, and the heazings 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 OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAP Page 7 -Council Minutes September 15, 2009 PUBLIC HEARINGS (Continued) In accordance with the requirements of the California Environmental Quality Act (CEQA), a Second Tier Environmental Impact Report (EIR), CEQA Findings of Fact, and Mitigation Monitoring and Reporting Program (MMRP) have been prepazed 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 before 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 the economic development 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 Reseazch 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 affect the City's budget. Mr. Letteiri presented the proposed development agreement, and talked about its benefits to the City and to the developer. Mayor Cox announced that the public hearings for Items 14-17 would be opened and conducted simultaneously, as they all related to the Otay Ranch Eastern Urban Center. She then acknowledged the project applicants, Mark McMillin and Todd Galarneau, who spoke 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 been conducted. He noted that the project had received written support from Third Avenue Village Association (TAVA), SANDAG, Otay Ranch Town Center owners, National Energy Center for Sustainable Energy, and other businesses located neaz the proposed project. He stated that the land planning had been completed as a pilot project with LEED (Leadership 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 heazings for Items 14-17. Richazd D'Ascoli, representing the Pacific Southwest 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 fire 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. Page 8 -Council Minutes September 15, 2009 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 Kanas, Solana Beach resident, representing Cushman Wakefield Lorenzo Garrido, Chula Vista resident, representing himself and South Bay Expressway Glen Googins, Chula Vista resident, representing Third Avenue 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 tankless 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 OTAY 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. I5. CONSIDERATION OF A SECTIONAL PLANNING AREA PLAN INCLUDING PLANNED COMMUNITY DISTRICT REGULATIONS/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 SUBDIVISION MAP FOR THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH Page 9 -Council Minutes September 15, 2009 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 chazacter and mix, design criteria, transportation system, and public infrastructure requirements for this 207-acre site. The EUC SPA Plan includes the Planned Community District Regulations/Design Plan (Form Based Code), Public Facilities Finance Plan, Affordable Housing Program, Sustainability Element, and Pazks Master Plan. The Tentative Map (PCS 09-03) implements the SPA Plan by providing for the subdivision of lots 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: 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: A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH EASTERN URBAN CENTER (FIRST READING) B. 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 REGULATIONS/DESIGN 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 OTAY 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 OTAY RANCH Councilmember Bensoussan seconded the motion and it carried 4-0. 16. CONSIDERATION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN OTAY 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 benefits 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 September 15, 2009 PUBLIC HEARINGS (Continued) ACTION: Councilmember Bensoussan moved to place the following Ordinance 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 seconded the motion and it carried 4-0. 17. CONSIDERATION OF THE EASTERN URBAN CENTER PARKS AGREEMENT FOR THE CONSTRUCTION OF PARKS IN A PORTION OF OTAY 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 needs of the Project. The EUC SPA Plan includes a Parks Master Plan Program. Integral to the successful implementation of the EUC Parks Master Plan Program is the development and construction of EUC pazks and recreation facilities. The EUC Pazk Agreement provides assurances for the 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 carried 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 23,38] SQUARE FOOT SITE INTO THREE LEGAL LOTS) IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE 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 I I -Council Minutes September 15, 2009 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 CATEGORICALLY 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 be heazd 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 aze 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 along-term funding source to support the measures' full, sustained implementation and to help reach the City's cazbon emissions reduction tazget. (Director of Conservation and Environmental Services) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) 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 12-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 efficiency/altemative replacement vehicles for city-contracted fleets). Staffinember 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 September 15, 2009 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 Standazds), which included a community sustainability program and zoning and design guidelines, and a Chula Vista Research Project (CVRP) and National Energy Center for Sustainable Communities (NECSC) community design program. Staff member Reed provided information on Measures 5 (Energy Efficiency and Solar Conversion) and 7 (Turf Conversion Program), and staff member Batchelder presented the status of Measure 6 (Smart Growth Around Trolley Stations). Director Meacham discussed the financing strategy. Richazd D'Ascoli, representing the Chamber of Commerce, stated 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 forwazd with such a mandate, given current economic conditions in the building industry. Grace 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 suggested 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 staff offer 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 September 15, 2009 ACTION ITEMS (Continued) Mayor Cox requested that Council amend the proposed resolution to sepazate 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 THE 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 chazged 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 MAYOR TO EXECUTE THE AGREEMENT Councilmember Bensoussan seconded the motion and it carried 4-0. Page 14 -Council Minutes September 15, 2009 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 regazding the City's Emergency Operations Center. 22. MAYOR'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 YMCA to inform the community about construction jobs in the district that were a result of the passage of Proposition "O". 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 Chula Vista" event on October 17th. A. Discussion and possible decision regarding Port Commissioner and Interim City Councilmember interviews. Mayor Cox suggested that Port Commission interviews be conducted September 22, and the process for Interim City Councilmember be discussed. Councilmember Bensoussan spoke in support of maintaining the interview process for Interim Councilmember 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 1:00 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 September 15, 2009 23. COUNCILMEMBERS' COMMENTS Councilmember Castaneda recognized local business owner, Steve Epsten for providing free relocation of the trailers from the city's reaz pazking 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 staff, 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 heazd by the larger audience. City Attorney Miesfeld responded that the Municipal Code set the sequence 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 restaurant/bowling 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: Librazy Director ACTION: Councilmember Castaneda moved to appoint Betty Waznis as Librazy Director. Deputy Mayor Ramirez seconded the motion and it carved 4-0. 25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. Deanna Mory, et al. v. City of Chula Vista. et al. United States District Court, Case No. 06-CV-1460 JAH (BLM) 2. Deanna Morv, et al. v. Citv 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 September 15, 2009 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 Councilmember interviews and appointment), thence to a Special Council Meeting on September 29, 2009 at 1:00 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 Bennett, CMC, Deputy City Clerk Page 17 -Council Minutes September 15, 2009