HomeMy WebLinkAboutcc min 2009/08/11 RDAMINUTES OF REGULAR MEETING OF THE CITY COUNCIL
AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
August 11, 2009
6:00 P.M.
A Regular Meetings of the City Council and a Special Meeting of the Redevelopment Agency of
the City of Chula Vista were called to order at 4:05 p.m. in the Council Chambers, located in
City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
ABSENT:
ALSO PRESENT:
Council/Authority/Agency Members
Mayor/Chair Cox
McCann (excused -Military Leave)
Bensoussan, Castaneda, Ramirez,
City Manager/Executive Director Sandoval, City Attorney/Agency
Counsel Miesfeld, City Clerk Noms, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Former Councilmember Jerry Rindone led the Pledge of Allegiance in honor of the United States
military troops.
SPECIAL ORDERS OF THE DAY
PRESENTATION BY OLYMPIC TRAINING CENTER DIRECTOR, TRACY LAMB,
OF FOUR CHECKS IN THE AMOUNT OF $3,000 EACH FROM THE PROCEEDS
OF THE OLYMPIC TRAINING CENTER'S FIRST ANNUAL SK TO CHRIS BOYD,
FOR THE FRIENDS OF CHULA VISTA PARKS AND RECREATION; VIRGINIA
TAYLOR FOR THE FRIENDS OF THE LIBRARY; KEN WEIMER FOR THE
FRIENDS OF THE CHULA VISTA NATURE CENTER; AND DEBBIE MARTIN
FOR CHULA VISTA ANIMAL SHELTER'S HELP AND EDUCATION FOR
ANIMAL RESPONSIBILITY TEAM (H.E.A.R.T.)
Mr. Lamb reported on the success of the recent SK event at the Olympic Training Center.
Recreation Director Martin recognized and thanked the Olympic Training Center staff and City
staff for their participation and organization of the event, and he thanked the event sponsors.
Mayor Cox then displayed pictures of the event. Mr. Lamb then presented Mr. Boyd, Ms.
Taylor, Mr. Weimer and Ms. Martin each with a $3,000 check to benefit Chula Vista Pazks and
Recreation, Friends of the Library, Chula Vista Nature Center, and H.E.A.R.T.
PRESENTATION OF THE GAYLE McCANDLISS ARTS AWARD WINNERS FOR
2009, BY CULTURAL ARTS COMMISSIONERS RON BOLLES AND SARA
DEAVENPORT TO DENCY SOUVAL (DISTINGUISHED BRAVO AWARD) AND
RENEE SANDOVAL (RISING STAR AWARD)
Commissioner Deavenport presented the Distinguished Bravo award to Dency Souval, and
Commissioner Bolles presented the Rising star Awazd to Renee Sandoval.
Page 1 -Council/RDA Minutes August 11, 2009
SPECIAL ORDERS OF THE DAY (Continued)
PRESENTATION BY JERRY RINDONE, VICE CHAIRMAN, METROPOLITAN
TRANSIT SYSTEM (MTS) BOARD, OF THE "OUTSTANDING PUBLIC TRANSIT
SYSTEM FOR 2009 AWARD" PRESENTED TO THE MTS BY THE AMERICAN
PUBLIC TRANSPORTATION ASSOCIATION
Former Deputy Mayor, Jerry Rindone, introduced MTS Chief Executive Officer, Paul Jablonski,
and City Transit Coordinator Trujillo. He then announced that MTS and the City Transit system
shared a prestigious award for outstanding public transit system for 2009 as the nation's number
one transit system. Mr. Jablonski recognized and thanked the MTS employees, municipal and
private sector partnerships, and governance of the system, on the transit system's success.
Staffinember Trujillo spoke about the effective operations of the Chula Vista Transit system in
serving its residents.
CONSENT CALENDAR
(Items 1-11)
Items 2, 3, and 6 were removed from the Consent Calendaz for sepazate consideration.
Councilmember Castaneda stated that he would be abstaining from voting on Item 2; Item 3 was
removed at the request of a member of the public; and Deputy Mayor Ramirez stated that he
would be abstaining from voting on Item 6.
APPROVAL OF MINUTES of April 21, 2009.
Staff recommendation: Council approve the minutes.
2. This item was removed from the Consent Calendar.
3. This item was removed from the Consent Calendaz.
4. A. RESOLUTION NO. 2009-190, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE LICENSE
AGREEMENT WITH TRUGREEN LANDCARE
B. RESOLUTION NO. 2009-191, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ENTERING INTO A PROPERTY USE LICENSE
AGREEMENT WITH WEST COAST ARBORIST
Due to cunent budget constraints, the Parks Maintenance and the Open Space Divisions
of Public Works are scheduled to terminate or suspend ongoing maintenance contracts for
fiscal year 2009/2010. This requires these divisions to perform some of these services
with City personnel, while deferring or ceasing others. Two current contractors,
TruGreen LandCaze and West Coast Arborist have offered to continue their services to
the City at no cost in exchange for staging locations from which they can service their
local contracts. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
Page 2 -Council/RDA Minutes August I1, 2009
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2009-192, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $2,864,605 FROM THE BUREAU OF
JUSTICE ASSISTANCE FOR THE 2009 RECOVERY ACT COMBATING
CRIMINAL NARCOTICS ACTIVITY ALONG THE SOUTHERN BORDER OF THE
UNITED STATES GRANT, APPROPRIATING SAID FUNDS TO THE FISCAL
YEAR 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUND,
AND ADDING TWO POLICE AGENTS AND ONE PUBLIC SAFETY ANALYST TO
THE AUTHORIZED POSITION COUNT FOR THE CHULA VISTA POLICE
DEPARTMENT (4/STHS VOTE REQUIRED)
The Chula Vista Police Department received notice of a grant award in the amount of
$2,864,605 from the Office of Justice Programs' Bureau of Justice Assistance to act as
the fiduciary for the San Diego Regional Criminal Narcotics and Border Violence
Project. This two-yeaz project will supplement existing HIDTA-initiated task forces with
ten positions from local law enforcement agencies. The Chula Vista Police Department
will assign three positions (two detectives and one analyst) to the project. The Police
Department Special Investigations Unit will oversee the implementation and overall
management of the project. The objective of this project is to dismantle and disrupt
major narcotics operations and associated violent activity along the southern border.
(Police Department)
Staff recommendation: Council adopt the resolution.
6. This item was removed from the Consent Calendar.
7. RESOLUTION NO. 2009-194, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $6,500 FROM THE SAN DIEGO POLICE
FOUNDATION TO FUND ONE NARCOTICS DETECTION CANINE, AND
APPROPRIATING SAID FUNDS IN THE FISCAL YEAR 2010 POLICE
DEPARTMENT SUPPLIES AND SERVICES BUDGET (4/STHS VOTE REQUIRED)
The Police Department has recently received a grant from the San Diego Police
Foundation to purchase one nazcotics detection canine. (Police Department)
Staff recommendation: Council adopt the resolution.
8. INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2009
The City's investment report for the quarter ended June 30, 2009 is presented for the
Council's acceptance. To meet the reporting requirements set forth in the California
Government Code Section 53600 et seq. and the City of Chula Vista Investment Policy, a
separate report was distributed to the City Council as an informational item. (Director of
Finance)
Staff recommendation: Council accept the report.
Page 3 -Council/RDA Minutes August 11, 2009
CONSENT CALENDAR (Continued)
9. A. RESOLUTION NO. 2009-195, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FOLLOWING CHANGES TO THE
AUTHORIZED POSITIONS IN THE ANIMAL CARE FACILITY: RECLASSIFY 2.0
SENIOR ANIMAL CARE ASSISTANTS TO ANIMAL CARE ASSISTANTS,
ELIMINATE 0.25 SENIOR OFFICE SPECIALIST, ELIMINATE 0.25 ANIMAL
ADOPTION COUNSELOR, ELIMINATE 0.5 OFFICE SPECIALIST, AND ADD 1.0
ANIMAL CARE SUPERVISOR (NO NET CHANGE IN TOTAL STAFFING)
B. RESOLUTION NO. 2009-196, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND
CLASSIFICATION PLAN TO REFLECT THE ESTABLISHMENT OF THE
CLASSIFICATION OF ANIMAL CARE SUPERVISOR
In order to achieve and improve efficiencies at the Animal Care Facility, staff is
recommending several staffing changes and the establishment of the classification of
Animal Care Supervisor. (Animal Caze Facility Manager)
Staff recommendation: Council adopt the resolutions.
10. RESOLUTION NO. 2009-197, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
WITH THE SAN DIEGO URBAN AREA REGIONAL CAD INTEROPERABILITY
PROJECT EXECUTIVE COMMITTEE FOR THE DEVELOPMENT AND
IMPLEMENTATION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES
AMONG PUBLIC SAFETY AGENCIES
Approval of a Memorandum of Understanding with the San Diego Urban Area Regional
CAD Interoperability Project Executive Committee is requested for the development of
and implementation of interoperable communications capabilities among public safety
agencies. This project will improve emergency response delivery among participating
regional agencies by expanding communication and data sharing capabilities. (Fire
Chief)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2009-198, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO
REQUEST SANDAG TO EXEMPT THE REGION FROM THE STATE
CONGESTION MANAGEMENT PROGRAM
The San Diego Association of Governments (SANDAG) is required by state law to
prepaze and regulazly update a Congestion Management Program (CMP) for the
transportation system within the San Diego region. The purposes of the CMP aze to
monitor the performance of the transportation system, develop programs to address neaz-
term and long-term congestion, and better integrate transportation and land use planning.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 4 -Council/RDA Minutes August 11, 2009
CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve Consent Calendaz Items 1, 4, 5, and 7 through 11,
headings read, text waived. Deputy Mayor Ramirez seconded the motion and it
carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. WRITTEN COMMUNICATIONS
Memorandum from Councilmember Castaneda requesting excused absences from the
August 6, 2009 meetings.
Recommendation: Council excuse the absences.
ACTION: Mayor Cox moved to approve staffs recommendation and offered Item 2,
heading read, text waived. Deputy Mayor Ramirez seconded the motion and it
carried 3-0-1, with Councilmember Castaneda abstaining.
3. A. RESOLUTION NO. 2009-188, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE CLOSURE OF THIRD AVENUE
FROM "D" STREET TO "I" STREET AND "H" STREET BETWEEN SECOND AND
FOURTH AVENUE, AND PORTIONS OF INTERSECTING STREETS FOR THE
ANNUAL STARLIGHT PARADE ON DECEMBER 5, 2009 FROM 1:00 P.M. TO
10:00 P.M.
B. RESOLUTION NO. 2009-189, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR THE
47T" ANNUAL STARLIGHT PARADE ON DECEMBER 5, 2009
The annual Stazlight Parade is a long standing holiday tradition in the community and
will be held for the 47`h year in Chula Vista. For the pazade, the Third Avenue Village
Association (TAVA) requests the closure of Third Avenue between "D" and "I" Streets,
between Second and Fourth Avenues and portions of intersecting streets from 1:00 p.m.
to 10:00 p.m. on Saturday, December 5, 2009. (Office of Communications/City
Manager)
Staff recommendation: Council adopt the resolutions.
Parks Pemberton, Chula Vista resident, requested clazification as to the name of the parade,
stating that there would be no harm in naming the event the Christmas Parade, or Christmas on
Third Avenue.
Page 5 - Council/RDA Minutes August 11, 2009
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to adopt Resolution Nos. 2009-188 and 2009-189, headings
read, text waived. Councilmember Castaneda seconded the motion and it carried
4-0.
6. RESOLUTION NO. 2009-193, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR CITY
POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES TO BE PROVIDED ON
PORT DISTRICT LANDS WITH PAYMENT FOR THE SERVICES TO THE CITY,
AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY
The City of Chula Vista has provided police, fire, and emergency medical services to the
San Diego Unified Port District since 1994. These services are provided on Port District
lands, which do not generate ad valorem tax revenues. The City and the Port District
reached an agreement to continue providing these services during Fiscal Years 2010
through 2012. (Police Department)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to adopt Resolution No. 2009-193, heading read, text waived.
Councilmember Castaneda seconded the motion and it carried 3-0-1, with Deputy
Mayor Ramirez abstaining.
PUBLIC COMMENTS
Steve Eastis, Chula Vista resident, representing the Third Avenue Village Association, spoke
about the success of the recent Lemon Festival event, and he thanked City staff for its work and
partnership with the event.
Theresa Hunsicker, Chula Vista resident and volunteer at Halecrest Elementary School, spoke
about concerns with a student who was experiencing difficulty getting to and from school in his
wheelchair, due to the inadequacy of handicapped curbs in the vicinity of Allview Court, Floyd
Street, Berland Way, and East J Street. She requested that the Council prioritize the installation
of handicapped curbs in that area. Mayor Cox referred the matter to staff.
Theresa Acerro, Chula Vista resident, stated that staff had failed to respond to her request for
comments and a flow chart resulting from recent community design workshops. She also stated
there was a need for prioritizing infrastructure.
Parks Pemberton, Chula Vista resident, commented on the need for transparency in government,
and spoke in support of district elections so that Councilmembers would be responsible for
smaller portions of the community.
Page 6 - CounciVRDA Minutes August 11, 2009
PUBLIC COMMENTS (Continued)
Guillermo Lopez, Chula Vista resident, spoke in favor of legal marijuana establishments in the
City. He also suggested that Councilmember McCann's seat remain vacant until his return from
military duty.
Ted Kennedy, Chula Vista resident, suggested the purchase of an engraved brick to honor
Councilmember McCann in his absence.
PUBLIC HEARINGS
12. CONSIDERATION OF AWARDING THE CONTRACT FOR THE NORTH
BROADWAY BASIN PROJECT, BETWEEN C STREET AND D STREET (STM354)
On July 22, 2009, the Director of Public Works received sealed bids for this project. The
work to be done includes full street reconstruction, installation of storm drain system and
traffic signal modification improvements. (Director of Public Works)
Notice of the hearing was given in accordance with legal requirements, and the heazing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2009-
199, heading read, text waived:
RESOLUTION NO. 2009-199, RESOLUTOIN OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, WAIVING IRREGULARITIES, ACCEPTING
BIDS AND AWARDING THE CONTRACT FOR THE "NORTH BROADWAY
BASIN PROJECT, BETWEEN C STREET AND D STREET (STM354)" TO
MJC CONSTRUCTION, IN THE AMOUNT OF $1,672,975, AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE
PROJECT
Councilmember Bensoussan seconded the motion and it carried 4-0.
13. CONSIDERATION OF AN APPLICATION (PCM 09-14) FILED BY GATEWAY
CHULA VISTA 2, LLC, REQUESTING AMENDMENTS TO THE GATEWAY
CHULA VISTA SPECIFIC PLAN (PCM 00-11)
Adoption of the ordinance amends the existing Gateway Chula Vista Specific Plan,
which regulates land use fora 4.46-acre site, in order to allow educational and training
uses, modify provisions for temporary and accessory uses, and make other miscellaneous
amendments. The 4.46-acre site is located at the Northwest comer of Third Avenue and
`H' Street. (Deputy City Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Page 7 - Counci]/RDA Minutes August 11, 2009
PUBLIC HEARINGS (Continued)
Associate Planner Steichen and Transportation Manager Kaplan provided information about a
request to amend the existing land use and development standazds for approximately 4.46 acres
at the northwest corner of Third Avenue and H Street.
Mazco Polo Cortez, project applicant, representing Cortez Communications, requested approval
of the proposed plan. He then introduced Jim Pieri, President of Mountain West Real Estate,
who spoke about many benefits of redevelopment in the City, and who spoke in favor of the
proposed plan.
Mayor Cox opened the public heazing.
The following members of the public spoke in favor of the proposed plan amendment:
Deacon Chazles Frice, Chula Vista resident, representing St. Rose of Lima Church
Steve Eastis, Chula Vista resident, representing TAVA
Mike Green, Chula Vista resident, representing TAVA
Lisa Cohen, Chula Vista resident, representing Chula Vista Chamber of Commerce
Tiffany Vinson, Chula Vista resident, representing Chula Vistans for Community Action
Gaby Reyes, Chula Vista resident, representing Chula Vistans for Community Action
Reiner Leal, Chula Vista resident, representing Chula Vistans for Community Action
Gabe Guiterrea, Chula Vista resident, representing Chula Vistans for Community Action
Kevin O'Neill, Chula Vista resident
Paula Whitsell, Chula Vista resident, representing Chula Vistans for Community Action
Theresa Acen•o, Chula Vista resident, stated there was a need for adequate pazking in the plan,
and she questioned how the City would benefit by moving the cun•ent training facility on Bay
Boulevard, should the proposed plan be approved. She stated that there were other locations in
the City that should have equal opportunity to offer their facilities if PIMA wished to move its
location. She also questioned the viability of the proposed plan, and pointed out that
redevelopment agencies should not be supporting private development.
Patricia Aguilaz, Chula Vista resident, requested that the Council direct staff to revise the
amendment to limit the amount of vocational space to 40,000 square feet, and anything greater
than 50,000 squaze feet should be reviewed by the Council. She stated that the pazking spaces
allotted for the proposed plan would be inadequate, and asked the Council to direct staff to
research parking standazds for vocational schools, and to come back with an amendment to the
zoning code.
Eazl Jentz, Chula Vista resident, stated that the pazking requirement for the vocational school
was too low and suggested that staff reevaluate the requirement to determine a Chula Vista
standazd for technical school use before setting a precedent. He also suggested a cap of 40,000
squaze feet for vocational use and any changes greater than 10,000 squaze feet should come back
to the Council for consideration. He suggested that staff look at redevelopment projects in terms
of their returns on investment and associated tax increments.
Page 8 -Council/RDA Minutes August 11, 2009
PUBLIC HEARINGS (Continued)
The following members of the public did not speak, but submitted speaker slips indicating
support for the proposed project:
David Rodriguez, Chula Vista resident, representing Chula Vistans for Community Action
Octavio Aceves, Chula Vista resident, representing Chula Vistans for Community Action
Rodrigo Leal, Chula Vista resident, representing Chula Vistans for Community Action
James Haug, Chula Vista resident, representing Chula Vistans for Community Action
Leticia Soriano, Chula Vista resident
Dan Rosenberg, San Diego resident
Tom Axson, San Diego resident
Tony Reynoso, Chula Vista resident
Jose Cortes, Chula Vista resident
Leonardo Conde, Chula Vista resident
Juan Pablo Mariscal
Ricardo Muro, Chula Vista resident
Rich D'Ascoli, San Diego resident, representing Chula Vista Chamber of Commerce
There being no further members of the public who wished to speak, Mayor Cox closed the public
hearing.
Deputy City Manager/Planning and Building Director Halbert responded to comments by the
public, stating that the purpose for building flexibility into the plan was to avoid the requirement
for a specific plan amendment with every tenant change. Regarding the matter of afirst-quality
restaurant, he clarified that the modification would remove the requirement for a restaurant, but
would not preclude such a restaurant. On the issue of the use of other vacant spaces throughout
western Chula Vista, he explained that other vacant buildings had restrictions that controlled the
uses and square footage. Regarding the issue of parking area requirement, he stated that staff
was unable to make contact with ITE (Institution of Transportation Engineers), but he pointed
out that a rate of one parking space per three students would be adequate.
Mayor Cox asked about potential impacts of placing a cap on square footage. Mr. Pieri
responded that the concerns had been addressed by limiting student enrollment.
Councilmember Castaneda stated that it was incumbent upon business owners and investors to
ensure the right retail mix. He stated the City needed assurance that the proposed project would
not have a full blown expansion of education uses in the building, without an understanding of
the effects on the community in terms of parking and traffic generation. He also stated that
future opportunities may be lost if too much space was allotted for educational uses.
Deputy Mayor Ramirez stated that he would support flexibility in the proposed project, without
abandoning the future vision of the project. He questioned whether utilizing a square footage
limit instead of a student limit would inhibit the performance of the project.
Mr. Pieri recommended that the Council maintain the student enrollment cap and provide
versatility on square footage, noting that limiting the square footage would hinder density, and
could pose problems.
Page 9 -Council/RDA Minutes August 1 ], 2009
PUBLIC HEARINGS (Continued)
Deputy Mayor Ramirez stated that there was a need to address an amendment to the zoning code
on the pazking standard for the proposed project.
Mayor Cox recessed the meeting at 6:44 p.m. The meeting reconvened at 6:58 p.m., with
Councilmembers Bensoussan, Castaneda, Ramirez, and Mayor Cox present.
Director Halbert responded to questions about limiting the square footage designated for
educational purposes, and stated that staffs recommendation was based on the CEQA
(California Environmental Quality Act) analysis, and he recommended keeping the student cap
as opposed to limiting square footage for educational uses. He also stated that the azea
designated for educational purposes could be limited to a certain percentage, if the Council chose
to do so.
Mr. Pieri commented on the proposed project pazking, stating that the pazking limits would
evolve with the growth of the project. He added that designating pazking spaces now would take
pazking away from current tenants.
Councilmember Bensoussan asked Mr. Pieri if it would be acceptable to designate 25% of the
project for educational purposes. Mr. Pieri responded that he would suggest 30-35%, but that
25% of the project would be acceptable.
Deputy Mayor Ramirez stated that he was satisfied with a 25% cap for educational uses for the
overall project, which would address community concerns about impacts and allowed the
developer the necessary room needed for this use.
ACTION: Mayor Cox moved to place the following ordinance on first reading as amended
with a 25% cap for educational purposes for the overall project:
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE GATEWAY CHULA VISTA SPECIFIC PLAN
(PCM 00-11) FOR 4.46 ACRES AT THE NORTHWEST CORNER OF THE
INTERSECTION OF "H" STREET AND THIRD AVENUE (FIRST
READING)
Deputy Mayor Ramirez seconded the motion and it carried 4-0.
Item 17 was taken out of order and addressed at this time.
ACTION ITEM
17. CONSIDERATION BY THE REDEVELOPMENT AGENCY OF APPROVAL OF
THE EIGHTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION
AND DEVELOPMENT AGREEMENT
Page 10 - CounciURDA Minutes August 11, 2009
ACTION ITEM NO. 17 (Continued)
The Gateway Chula Vista Disposition and Development Agreement (DDA) was
approved June 6, 2000, for the development and operation of a phase First Class, First
Quality mixed-use commercial/office project with restaurant and retail components and
common areas. The first and second phases have been realized, however, due to market
conditions they have been unable to attract and maintain the necessary tenant base. The
Eighth Amendment to the DDA provides for changes to encourage and entice lease-up of
currently vacant space in Gateway phases I and II by: removing the First Class First
Quality sit down restaurant and allowing educational and training uses. The Eighth
Amendment will also incorporate a formula for calculating any financial gap that may
exist for the construction of Phase III. (Deputy City Manager/Development Services
Director)
Development Services Director Halbert responded to public comments regarding tax
increments expected in 2000, stating that the tax increment that was being brought in on
an annual basis exceeded the bond payments on the project, so the net tax increment was
a positive on an annual basis. He stated that the exact numbers could be provided to the
Council in the near future. He also responded to a public comment regarding the
proposed change in uses affecting the assessed property value, stating that what would
affect it even more was if the building continued to have the current vacancy rates.
Chair Cox referred to the duplicate speaker slips submitted for Items 13 and 17, and requested
that if the comments were duplicative to those already provided for Item 13, to decline to speak
on Item 17. She then stated that the following members of the public indicated support for the
proposed amendment, with the exception of Theresa Acerro, Chula Vista resident, whose
speaker slip did not indicate support or opposition to the amendment:
Lisa Cohen, Chula Vista resident, representing the Chula Vista Chamber of Commerce
Kevin O'Neill, Chula Vista resident
Jose Cortes, Chula Vista resident
Leo Condre, Chula Vista resident
Jose Ruiz, Chula Vista resident
Rich D'Ascoli, San Diego resident, representing the Chula Vista Chamber of Commerce
Alex Navarette, Chula Vista resident
Robert Muro, Chula Vista resident
Juan Pablo Mariscal, San Diego resident
Cecilia Mejia, Chula Vista resident
Rick Muro, Chula Vista resident
Patricia Aguilar, Chula Vista resident, stated it was important to resolve what the appropriate
parking ratio should be for vocational schools.
Deputy Chair Ramirez suggested for the future, that staff provide feedback to the Council on the
success or failure of projects, and suggested the inclusion of input by the Chula Vista
Redevelopment Corporation.
Page 11 -Council/RDA Minutes August 11, 2009
ACTION ITEM NO. 17 (Continued)
Agency Member Castaneda stated that he was pleased to see the inclusion of a proforma in the
agreement - a form that requires analysis to be done in terms of future payoffs and what can be
expected for the taxpayers' investment, stating that he would like to see this as a standard
procedure.
ACTION: Agencymember Ramirez moved to adopt the following Redevelopment Agency
Resolution No. 2009-2011, heading read, text waived:
RESOLUTION NO. 2009-2011, RESOLUTOIN OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE EIGHTH
AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND
DEVELOPMENT AGREEMENT
Agencymember Bensoussan seconded the motion and it carried 4-0.
PUBLIC HEARINGS (Continued)
14. CONSIDERATION OF ACCEPTANCE OF GRANT FUNDS FOR THE FISCAL
YEAR 2008/2009 STATE COPS SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND
The Police Department has been awazded $131,929 in Supplemental Law Enforcement
Services Fund grant funds. These funds will be used to hire one hourly Cold Case
Investigator, one hourly Latent Print Examiner, crime lab equipment, computer
equipment, provide additional secure evidence storage, and retrofit an office. (Police
Department)
Notice of the heazing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public heazing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Councilmember Castaneda moved to approve the following Resolution No. 2009-
200, heading read, text waived:
RESOLUTION NO. 2009-200, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $131,929 FROM THE STATE
COPS SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND
APPROPRIATING $131,929 IN THE FISCAL YEAR 2010 BUDGET OF THE
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT FUND
(4/STHS VOTE REQUIRED)
Deputy Mayor Ramirez seconded the motion and it carried 4-0.
Page 12 - CounciURDA Minutes August 11, 2009
PUBLIC HEARINGS (Continued)
I5. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF THE EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS RELATED TO THE
AMERICAN RECOVERY AND REINVESTMENT ACT
The Police Department has recently received notice of an Edward Byrne Memorial
Justice Assistance Grant award in the amount of $442,963 from the Bureau of Justice
Assistance. These funds were allocated to the Police Department based on city population
and Part 1 violent crime statistics. This grant is part of the American Recovery and
Reinvestment Act and is generally referred to as "JAG Stimulus Grant". (Police
Department)
Notice of the heazing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public heazing.
ACTION: Deputy Mayor Ramirez moved to adopt the following Resolution No. 2009-201,
heading read, text waived:
RESOLUTION NO. 2009-201, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $442,963 FROM THE BUREAU
OF JUSTICE ASSISTANCE FOR THE 2009 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR
2009/2010 ADOPTED BUDGET BY TRANSFERRING TWO POSITIONS
FROM THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
FUND AND THEIR ASSOCIATED PERSONNEL COSTS TO THE ARRA
FUND AND APPROPRIATING AN ADDITIONAL $32,803 TO THE ARRA
FUND FOR SERVICES AND SUPPLIES EXPENDITURES (4/STHS VOTE
REQUIRED)
Councilmember Castaneda seconded the motion and it carried 4-0.
16. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF THE EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS
The Police Department has recently received notice of an Edwazd Byrne Memorial
Justice Assistance Grant award in the amount of $71,310 from the Bureau of Justice
Assistance. These funds were allocated to the Police Department based on city
population and Part 1 violent crime statistics. (Police Department)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Page 13 -Council/RDA Minutes August 11, 2009
PUBLIC HEARINGS (Continued)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION: Mayor Cox moved to adopt the following Resolution No, 2009-202, heading read,
text waived:
RESOLUTION NO. 2009-202, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $71,310 FROM THE BUREAU
OF JUSTICE ASSISTANCE FOR THE 2009 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR
2009/2010 ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO
THE LOCAL LAW ENFORCEMENT BLOCK GRANT FUND; ACCEPTING
$95,000 FROM THE SAN DIEGO COUNTY DISTRICT ATTORNEY AND
APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2009/2010 POLICE
DEPARTMENT PERSONNEL SERVICES BUDGET AND ADDING ONE
POLICE AGENT POSITION TO THE AUTHORIZED POSITION COUNT
FOR THE POLICE DEPARTMENT (4/STHS VOTE REQUIRED)
Councilmember Bensoussan seconded the motion and it carried 4-0.
ACTION ITEMS
17. Item 17 was taken out of order and addressed after Item 13.
18. PRESENTATION BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
(SANDAG) REGARDING PREPARATION OF THE 2050 REGIONAL GROWTH
FORECAST, AND REQUEST FOR CITY ASSISTANCE
The City Council will receive a presentation from SANDAG staff regarding the 2050
Regional Growth Forecast. SANDAG will request City assistance in helping to develop
local land use scenarios to be used in generating forecast projections to the year 2050.
(Deputy City Manager/Development Services Director)
Advanced Planning Manager Batchelder noted that SANDAG was providing the 2050 forecast to
all cities in San Diego County. He then introduced Beth Jarrows, SANDAG Analyst who
provided information about the 2050 regional growth forecast for San Diego. She stated that the
projected population for the region is estimated at 4.4 million by 2050. She explained that
SANDAG is requesting assistance from all cities in identifying areas to accommodate projected
growth.
Staff Member Batchelder recommended support of SANDAG's request, and suggested directing
staff to review possible capacity-adding forecast options, and return to the Council with
recommendations for consideration.
Page 14 - CounciVRDA Minutes August 11, 2009
ACTION ITEMS (Continued)
Deputy Mayor Ramirez asked why Chula Vista should accommodate the expected growth. Ms.
Jarrow responded that the sentiment of other jurisdictions was that they were working on general
plan updates and smart growth in order to place something on the table. Deputy Mayor Ramirez
asked whether SANDAG had considered any incentives for cities taking on more growth. Ms.
Jarrow responded, noting that SANDAG did have a Smart Growth Incentive program.
Councilmember Bensoussan suggested consideration of including rapid transit and bullet trains
for future transportation needs.
ACTION: Mayor Cox moved to support SANDAG's request, and provide direction to staff
to review possible growth capacity-adding options, and return to Council with
recommendations for consideration. Deputy Mayor Ramirez seconded the motion
and it carried 4-0.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
City Manager Sandoval stated that in October, staff would be bringing forward an update and
recommendations regarding funding takeaways by the State from local agencies.
20. MAYOR'S REPORTS
A. Ratification of appointment of Al Sotoa to the Board of Ethics
ACTION: Mayor Cox moved to appoint Al Sotoa to the Board of Ethics. Councilmember
Bensoussan seconded the motion and it carried 4-0.
B. Discussion of the interview schedule for Port Commissioner and Interim City
Councilmember
Mayor Cox suggested canceling the September 22, 2009 Council Meeting to conduct interviews
for the Interim City Councilmember position, with a start time of between 1:00 and 3:00 p.m.,
and to allow 30 minutes per interview. She also suggested consideration of appointment of the
Interim Councilmember position prior to the Port Commissioner interviews, so that the newly
appointed Interim Councilmember could participate in the interviews for Port Commissioner.
It was the consensus of the Council to conduct the Interim Councilmember position interviews
on September 22, 2010 commencing at 1:00 p.m.
It was the consensus of the Council to conduct its regular Council Meeting on October 6, 2010,
and to cancel its October 13`s regular meeting to conduct Port Commissioner interviews, to
commence no later than 3:00 p.m.
Mayor Cox suggested that the Port Commissioner application period be extended, in the event
that the newly appointed Interim Councilmember would want to nominate or speak to someone
who has not had a chance to apply.
Page 15 -Council/RDA Minutes August 11, 2009
OTHER BUSINESS (Continued)
Councilmember Castaneda stated that if somebody wanted to be a Port Commissioner, that they
should already be in the process, and that he was satisfied with the original application period.
Mayor Cox further suggested, and it was the consensus of the Council, to allow applicants to
apply for both Interim Councilmember and Port Commissioner positions.
Mayor Cox reminded everyone of the Critters and Cocktails event on August 13, 2009, from
6:00 p.m. to 8:00 p.m. at the Chula Vista Nature Center. She announced the recent opening of
Chase Bank in the southwest portion of the City. The Eastlake Design District celebrated its
opening of b-2-be, a family fitness center, and Eastlake Tavern and Bowl. She also commented
on the success of the recent Lemon Festival.
21. COUNCILMEMBERS' COMMENTS
Councilmember Castaneda congratulated the Chula Vista Pazk View Little League on its wins,
including a recent victory against Arizona with a score of 20-1, and he wished the team well on
its next game.
Deputy Mayor Ramirez commented on awell-attended Public Office Hours community meeting
on August 10, 2009 on the topic of legal marijuana. He also welcomed his colleagues to attend
any of his Public Office Hours meetings.
A. COUNCIL ENERGY SUBCOMMITTEE
Consideration of submitting letters from the City Council to the California
Independent Systems Operator (CAISO), and California Regional Water Quality
Control Board to convey the City's position regarding the removal of the South
Bay power plant. (Councilmembers Bensoussan and Castaneda)
Councilmember Bensoussan stated that the subcommittee would be postponing bringing forward
letters due to an upcoming meeting of the Regional Water Boazd that may impact the content of
the letters. She stated that draft letters on the matter would be circulated to the Council.
Councilmember Bensoussan reminded everyone about the Trolley Dances event on the
weekends of September 26, 2009 and October 3, 2009.
Mayor Cox announced that Closed Session Item 24 would not be heard. She then recessed the
meeting to convene in Closed Session at 8:16 p.m..
CLOSED SESSION
22. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: Police Chief
ACTION: Mayor Cox moved to approve the conditional appointment of David Bejazano as
Police Chief. Councilmember Ramirez seconded the motion and it carved 4-0.
Page 16 -Council/RDA Minutes Augus[ 11, 2009
CLOSED SESSION (Continued)
23. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9:
Resolution of Code Enforcement Action Against Fogerty Mobilehome Park
No reportable action was taken on this item.
24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Zita Evelyn Ortiz v. City of Chula Vista, San Diego Superior Court, Case No. 37-2008-
00072393-CU-PA-SC.
This item was not discussed.
ADJOURNMENT
At 8:50 p.m., Mayor Cox adjourned the meeting to the Regular City Council meeting of
September 1, 2009 at 4:00 P.M. in the City Council Chambers. (The meetings of August 18 and
August 25, 2009 have been cancelled.)
~~ ~~
~' Lorraine Bennett, CMC, Deputy City Clerk
Page 17 -Council/RDA Minutes August ] 1, 2009