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HomeMy WebLinkAboutrda min 2009/08/11 CCMINUTES 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: Council/Authority/Agency Members: Bensoussan, Castaneda, Ramirez, Mayor/Chair Cox ABSENT: McCann (excused-Military Leave) ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/Agency Counsel Miesfeld, City Clerk Norris, 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 shazed 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 separate 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 Apri121, 2009. Staff recommendation: Council approve the minutes. This item was removed from the Consent Calendar. 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 current budget constraints, the Pazks Maintenance and the Open Space Divisions of Public Works aze 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 11, 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 nazcotics 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 narcotics 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 Caze 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 ] ], 2009 CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve Consent Calendar 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 staff's 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 Starlight Pazade is a long standing holiday tradition in the community and will be held for the 47th yeaz in Chula Vista. For the parade, 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. Pazks Pemberton, Chula Vista resident, requested clarification 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 aze 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 azea. 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 transpazency in government, and spoke in support of district elections so that Councilmembers would be responsible for smaller portions of the community. Page 6 -Council/RDA 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 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 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 corner 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 heazing was held on the date and at the time specified in the notice. Page 7 -Council/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 standards 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 Acerro, 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 current 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 square feet should be reviewed by the Council. She stated that the parking 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. Earl Jentz, Chula Vista resident, stated that the parking requirement for the vocational school was too low and suggested that staff reevaluate the requirement to determine a Chula Vista standard 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 Leonazdo Conde, Chula Vista resident Juan Pablo Maziscal 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. Regazding 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 pazking space per three students would be adequate. Mayor Cox asked about potential impacts of placing a cap on squaze 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 pazking 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 11, 2009 PUBLIC HEARINGS (Continued) Deputy Mayor Ramirez stated that there was a need to address an amendment to the zoning code on the pazking standazd 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 staff's recommendation was based on the CEQA (California Environmental Quality Act) analysis, and he recommended keeping the student cap as opposed to limiting squaze footage for educational uses. He also stated that the area 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 necessazy 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 -Council/RDA 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 mazket 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 regazding 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 Navazette, 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 I I -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 awarded $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 hearing 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 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 - CounciVRDA Minutes August 11, 2009 PUBLIC HEARINGS (Continued) 15. 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 awazd 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 hearing 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. CONSTDERATION 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 heazing 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 heazing. 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 carved 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 yeaz 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 -Council/RDA 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 forwazd an update and recommendations regazding 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 AI 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 13th 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 Tavem 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 mazijuana. 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 regazding 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 Board 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 Bejarano as Police Chief. Councilmember Ramirez seconded the motion and it carried 4-0. Page 16 - CounciVRDA Minutes August 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 11, 2009