HomeMy WebLinkAbout2010/10/12 Item 1
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April 20, 2010 I 3:00 P,M.
1
A Special Meeting ofthe City Council of the City ofChula Vista was called to order at 3:03 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT:
Councilmembers Bensoussan, Castaneda, Ramirez (arrived at 3:05 p.m.),
Thompson, and Mayor Cox
ABSENT:
None
CLOSED SESSION ITEMS
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Agencv Negotiators: Bart Miesfeld, Jill Maland, Scott Tulloch and Michael Meacham
Propertv: San Diego County Assessors' Parcel Nos. 644-020-15-00, 643-040-06-00,
644-080-11-00, 644-080-10-00, 644-080-15-00, 644-080-09-00, 643-070-10-00, 644-
070-10-00,565-310-25-00, 565-310-09-00
Negotiating Parties: City ofChula Vista and Apex
Under Negotiation: Price and Terms
No reportable action was taken on this item.
2. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LlTIGA TION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
. One Case
No reportable action was taken on this item.
Mayor Cox recessed the Closed Session meeting at 4:00 p.m. to convene in open session.
Mayor Cox reconvened the Closed Session meeting at 8:50 p.m. to hear Item 3.
3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Citv of Chula Vista v. NexHorizon Broadband of Southern California. Inc.
San Diego Superior Court, Case No. 37-201O-00083634-CU-BC-CTL
No reportable action was taken on this item.
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ADJOURNMENT
At 9:15 p.m., Mayor Cox adjourned the meeting to the next regular City Council meeting of
April 20, 20 I 0, at 4:00 p.m., in the Council Chambers.
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-Lorraine Bennett, CMC, Deputy City Clerk
C.~
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DRAFT
MINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA
April 20, 2010
4:00 P.M.
Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista
were called to order at 4:14 p.m. in the Council Chambers, located in City Hall, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Council/Agency/Authority Members: Bensoussan, Castaneda, Ramirez
(arrived at 4:41 p.m.), Thompson, and Mayor/Chair Cox
ABSENT: None
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
Marilyn Saleny, President of the Chula Vista Garden Club, led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
. DID YOU KNOW that Southbay's history is part of the Chula Vista Elementary School
District's third grade curriculum, and the students' work is on display in City Hall?
Recreation Director Martin introduced Nancy Kerwin and Linda Marion from the Sweetwater
School District. Ms. Marion then provided information about the Chula Vista Centennial
Project.
Councilmember Bensoussan recommended that the school district communicate with historic
home tour organizers for consideration of an "Adopt-a-School" program, where owners of
historic homes could provide a tour for third grade classes from a particular school.
. RECOGNITION OF THE CITY OF CHULA VISTA FOR RECEIVING THE SANDEE
(SAN DIEGO EXCELLENCE IN ENERGY) AWARD FOR OUTSTANDING
ORGANIZATIONAL ACHIEVEMENT
Irene Stillings, representing the California Center for Sustainable Energy, recognized the City for
its commitment to sustainable energy practices. She then presented the award to the City.
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SPECIAL ORDERS OF THE DAY (Continued)
· RECOGNITION OF THE WAKELAND HOUSING & DEVELOPMENT
CORPORATION FOR RECEIVING THE SANDEE (SAN DIEGO EXCELLENCE IN
ENERGY) A WARD FOR SPECIAL ACHIEVEMENT BY A NONPROFIT
Ms. Stillings presented the SANDEE Award to Ken Sauder, President and CEO, Wakeland
Housing and Development for its achievement with the Los Vecinos multi-family affordable
housing proj ecL
. RECOGNITION BY LIBRARY DIRECTOR BETTY WAZNIS, OF THE AMERICAN
ASSOCIATION OF RETIRED PERSONS (REPRESENTED BY PAT MC
CARVILLE), FOR THEIR VOLUNTEER SERVICE PROVIDING FREE TAX
PREPARATION ASSISTANCE TO CITY RESIDENTS AT THE CHULA VISTA
PUBLIC LIBRARY
Library Director Waznis recognized the volunteers from the Tax Aid Program, sponsored by the
American Association of Retired Persons, for providing free tax preparation assistance to
residents. Deputy Mayor Ramirez then presented certificates of appreciation to volunteers
Patricia Pauley, Patrick McCarville, Daniel Furr, and Ana Quirozpauca.
. PRESENTATION OF A PROCLAMATION TO MARILYN SALENY, PRESIDENT,
AND GLORIA BUNCH, VICE PRESIDENT OF THE CHULA VISTA GARDEN
CLUB AND TO PAUL SIROIS, CHULA VISTA'S OPEN SPACE MANAGER,
PROCLAIMING APRIL 22, 2010, AS ARBOR DAY IN THE CITY OF CHULA
VISTA
Marilyn Saleny and Gloria Bunch spoke about the City's upcoming Arbor Day celebrations.
Mayor Cox then read the proclamation and Councilmember Bensoussan presented it to Ms.
Saleny and Ms. Bunch.
CONSENT CALENDAR
(Items 1-8)
Items 3, 4 and 6 were removed from the Consent Calendar for separate consideration.
Councilmember Castaneda stated that he would be abstaining from voting on Item 3 and 4, due
to potential property-related conflicts, and Deputy Mayor Ramirez stated that he would be
abstaining from voting on Item 6, due to potential property-related conflicts.
1.
Agency),
APPROVAL OF MINUTES of November 19,2009 (Redevelopment
December 8, December 10, and December 15, 2009.
Staff recommendation: Redevelopment Agency and City Council
approve the minutes.
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CONSENT CALENDAR (Continued)
2. A. RESOLUTION NO. 2010-082, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E"
STREET TO ALVARADO STREETS FOR THE CINCO DE MAYO CELEBRATION
ON MAY 2,2010 FROM 4:00 A.M. - 10:00 P.M., WAIVING PROHIBITION ON
SIDEWALK SALES, AND WAIVING THE BUSINESS LICENSE TAXES FOR
THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN
THE EVENT
B. RESOLUTION NO. 2010-083, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD A VENUE FROM "E"
STREET TO "H" STREETS FOR THE LEMON FESTIVAL ON AUGUST 8, 2010
FROM 4:00 A.M. - 10:00 P.M., AND WAIVING BUSINESS LICENSE TAXES FOR
THIRD AVENUE VILLAGE ASSOCIATION AND VENDORS PARTICIPATING IN
THE EVENT
C. RESOLUTION NO. 2010-084, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN CITY OF CHULA
VISTA AND THIRD AVENUE VILLAGE ASSOCIATION FOR SPECIAL EVENTS
FOR 2010 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolutions approves the temporary closure of Third Avenue and
surrounding streets on May 2,2010 and August 8, 2010, for the Annual Third Avenue
Village Association's (T A V A) Cinco de Mayo and Lemon Festival celebrations. (City
Manager)
Staff recommendation: Council adopt the resolutions.
3. Item 3 was removed from the Consent Calendar.
4. Item 4 was removedJrom the Consent Calendar.
5. RESOLUTION NO. 2010-087, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $67,000 TO THE FISCAL YEAR 2010
CAPITAL EXPENDITURE CATEGORY OF THE ASSET SEIZURE FUND FOR
VEHICLE PURCHASES (4/5THS VOTE REQUIRED)
Funding for the Vehicle Replacement Fund has been eliminated in the fiscal year 2010
budget and the department is in need of three vehicles to maintain operational
effectiveness. Funds for this purchase will come from the Asset Seizure Fund. (Police
Chief)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
6. Item 6 was removed from the Consent Calendar.
7. A. RESOLUTION NO. 2010-089, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING AND DELEGATING THE CITY
ATTORNEY AND DIRECTOR OF PUBLIC WORKS TO ENTER INTO A
COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION REGARDING PRELIMINARY
ENGINEERING DESIGN, ENVIRONMENTAL, AND TRAFFIC ANALYZING
ACTIVITIES ON THE STATE ROUTE 125 FUTURE INTERCHANGES AT ROCK
MOUNTAIN AND OT A Y V ALLEY ROAD
B. RESOLUTION NO. 2010-090, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CIP PROJECT (STM359) FOR
SR-125 AND ROCK MOUNTAIN ROAD & OTAY VALLEY ROAD
INTERCHANGE STUDY, AMENDING THE FY 2009-10 CIP PROGRAM BUDGET
AND APPROPRIATING $300,000 IN TDIF FUNDS THEREFOR (4/5THS VOTE
REQUIRED)
Adoption of the resolution approves a Cooperative Agreement with State of California
Department of Transportation (Caltrans), to determine the geometric design and right-of-
way needed in order to determine ultimate geometric approval, environmental clearance,
and construction cost estimates for up to two potential interchanges on SR-125 at Rock
Mountain Road and Otay Valley Road. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
8. RESOLUTION NO. 2010-091, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT FOR THE
"CITYWIDE ENERGY LIGHTING RETROFIT PROJECT IN THE CITY OF CHULA
VISTA, CALIFORNIA (CIP NO. GG210)" TO AMERICAN POWER SOLUTIONS
WHICH WILL BE FUNDED THROUGH CAPITAL IMPROVEMENT PROJECT
GG210 AND REIMBURSED THROUGH THE CALIFORNIA ENERGY
COMMISSION (CEC) LOAN PROGRAM (Continued from April 13, 2010)
The Citywide Lighting Retrofit Project is the second phase of a plan to install energy
saving induction and Light Emitting Diode (LED) light fixtures at multiple sites
throughout the City. This project will consist of an investigation of existing lighting
components, the design and calculations for new fixtures, and the installation of induction
and LED lighting fixtures at all City facilities. Adoption of the resolution approves a
Design Build Agreement with American Power Solutions. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
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DRAFT
CONSENT CALENDAR (Continued)
ACTION:
Mayor Cox moved to approve staffs recommendations and olTered Consent
Calendar Items 1, 2, 5, 7 and 8, headings read, text waived. Councilmember
Castaneda seconded the motion and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. RESOLUTION NO. 2010-085, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA 0) ACCEPTING $1,999,806 IN LOAN FUNDS FROM THE
CALIFORNIA ENERGY COMMISSION TO INSTALL ENERGY EFFICIENT
LIGHTING AND SOLAR PHOTOVOL TAlC SYSTEMS AT MUL TIPLE
MUNICIPAL FACILITIES; (2) APPROPRIATING $1,999,806 IN LOAN FUNDS TO
THE CITY'S ENERGY CONSERVATION FUND; (3) ESTABLISHING A NEW
CAPITAL IMPROVEMENT PROJECT - MULTI-SITE ENERGY EFFICIENT
LIGHTING (GG2l0); (4) AMENDING THE FISCAL YEAR 2009/2010 CAPITAL
IMPROVEMENT PROGRAM, AND (5) APPROPRIATING $],999,806 OF ENERGY
CONSERVATION FUNDS TO GG210 AND TO EXISTING CAPITAL
IMPROVEMENT PROJECT GG208 (MUNICIPAL SOLAR PHOTOVOLTAIC
SYSTEMS) (4/5THS VOTE REQUIRED) (Continued from April 13, 2010)
As part of the City's climate protection efforts, Chula Vista was awarded a low-interest
loan from the California Energy Commission to install energy efficient lighting and solar
photovoItaic systems at multiple municipal sites to reduce energy use and lower the
associated greenhouse gas emissions. The loan will be combined with state and federal
incentives and grants to lower the project's net implementation costs, and will be repaid
through the annual energy cost savings. (Director of Conservation & Environmental
Services/Director of Public Works)
4. RESOLUTION NO. 2010-086, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA 0) ACCEPTING $772,817 IN INCENTIVE FUNDS FROM
THE CALIFORNIA SOLAR INITIATIVE TO INSTALL SOLAR PHOTOVOLTAIC
SYSTEMS AT MULTIPLE MUNICIPAL FACILITIES; (2) APPROPRIATING
$772,817 IN INCENTIVE FUNDS TO THE CITY'S ENERGY CONSERVATION
FUND; (3) AMENDING THE FISCAL YEAR 2009/2010 CAPITAL IMPROVEMENT
PROGRAM AND; (4) APPROPRIATING $772,817 OF CITY ENERGY
CONSERVATION FUNDS TO EXISTING CIP GG208 (MUNICIPAL SOLAR
PHOTOVOLTA1C SYSTEMS) (4/5THS VOTE REQUIRED) (Continued from April
13,2010)
To lower energy costs and reduce peak energy demand, Chula Vista will be installing
solar photovoltaic systems at 1 I municipal facilities over the next 8 months. The
project's costs are being funded through a low-interest California Energy Commission
loan and federal American Recovery & Reinvestment Act funds. In addition, $772,817
of California Solar Initiative incentives has been reserved for the project to further reduce
net implementation costs. (Director of Conservation and Environmental Services/Director
of Public Works)
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ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
ACTION:
Mayor Cox moved to adopt Resolution Nos. 2010-085 and 2010-086, headings
read, text waived. Councilmember Bensoussan seconded the motion and it
carried 4-0-1, with Councilmember Castaneda abstaining.
6. RESOLUTION NO. 2010-088, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
FOR THE PURPOSE OF CONDUCTING LIGHT RAIL TROLLEY IMPROVEMENT
STUDY WITHIN THE INTERSTATE 5 (1-5) MULTI MODAL CORRIDOR
Adoption of the resolution approves a Memorandum of Understanding (MOU) with
SANDAG for the purpose of conducting a Light Rail Trolley Improvement Study, to
provide updated preliminary engineering costs for grade separation improvements for the
light rail trolley rail system within Chula Vista. The MOU provides that SANDAG will
be the lead agency and detines roles and obligations for funding. (Director of Public
Works)
ACTION:
Mayor Cox moved to adopt Resolution No. 2010-088. heading read, text waived.
Councilmember Bensoussan seconded the motion and it carried 4-0-1, with
Deputy Mayor Ramirez abstaining.
Mayor Cox announced that Item 15 was pulled from the agenda, and Item 13 would be
continued.
PUBLIC COMMENTS
Jim Peterson, Chula Vista resident, spoke about the future bayfront development, stating his
concern about holding only one public hearing on the matter, and of the proposed changes to the
bayfront plan. He stated that the community should be given the opportunity to express their
views on the plan prior to the public hearing.
PUBLIC HEARINGS
9. CONSIDERATION OF A VOLUNTARY PROPERTY-ASSESSED CLEAN ENERGY
PROGRAM
As authorized by California Assembly Bills 811 and 474, the City is developing a
voluntary program, "Property-Assessed Clean Energy" (PACE), which would allow
property-owners to voluntarily finance energy and water efficiency improvements
through a tax assessment on their property. Adoption of the ordinance clarifies under
Section 20.08 of the Chula Vista Municipal Code, the voluntary assessment and adds the
title "Water", to more accurately reflect the scope and content of the code section.
(Director of Conservation and Environmental Services)
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PUBLIC HEARINGS (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Director of Conservation and Environmental Services Meacham introduced the item, and
explained that the proposed revisions would allow home owners to achieve energy efliciencies in
their homes. Environmental Resource Manager Reed presented the proposed Municipal Code
revisions for the voluntary Property-Assessed Clean Energy program.
Mayor Cox opened the public Hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Ramirez moved to place the following ordinance on first reading,
heading read, text waived:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 20
OF THE CHULA VISTA MUNICIPAL CODE TO CONFORM TO NEW
PROPERTY-ASSESSED CLEAN ENERGY (PACE) RETROFIT PROGRAMS
AUTHORIZED UNDER CALIFORNIA ASSEMBLY BILLS 811 AND 474
Councilmember Bensoussan seconded the motion and it carried 5-0.
10. CONSIDERATION OF AMENDMENTS TO VARIOUS SECTIONS OF THE CHULA
VISTA MUNICIPAL CODE AND APPROVAL OF A COUNCIL POLICY ON
PUBLIC PARTICIPATION, ALL OF WHICH ARE RELATED TO THE
IMPLEMENTATION OF THE INITIAL PHASE OF THE DEVELOPMENT REVIEW
PROCESS IMPROVEMENTS PROGRAM
In early 2009, the Development Services Department launched a comprehensive review
of the City's development review process to determine improvements that could
streamline it, increase transparency, improve public access, make it more predictable for
applicants and reduce the cost. The item is the initial phase of Process Improvements that
is recommended to begin to implement the Program's objectives. (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.
City Manager Sandoval introduced the item, stating that a key component of the City's Fiscal
Health Plan was to enhance customer service in the area of the development review process that
included community and development input.
Deputy City Manager/Director of Development Services Halbert stated that the proposed process
improvement was the first phase of the Development Review Process Improvements project.
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PUBLIC HEARINGS (Continued)
Development Planning Manager Ladiana provided information on the proposed process
improvements and amendments to various sections of Titles 18 and 19 of the Chula Vista
Municipal Code, with the purposes of adding clarity, predictability and certainty to the processes,
improving public participation, and responding to budget reductions and organizational changes
over the last several years.
Kevin O'Neil, Chula Vista resident, and Committee Chairperson of the Development Services
Oversight Committee, spoke in favor of the proposed amendments.
Patricia Aguilar, Chula Vista resident, spoke in favor of the proposed amendments.
There being no other members of the public who wished to speak, Mayor Cox closed the public
hearing.
Councilmember Bensoussan recommended for the future, that the membership of the Planning
Commission include an architect and environmental expert to create a balance in terms of
professions and geography. Mayor Cox responded with the suggestion to address the structure
of the Planning Commission when the opportunity arises for Planning Commission interviews.
Deputy Mayor Ramirez suggested that staff come back to the Council in one year with an update
on how the plan was working.
Councilmember Thompson suggested electronic notification to those who subscribe to public
hearing notifications on the matter, at no charge, to get the maximum distribution of information.
Councilmember Castaneda stated that priority should be given to ensure that community
meetings be held in affected areas of the City.
ACTION:
A.
B.
Deputy Mayor Ramirez move to place the following ordinance on first reading,
and adopt Resolution No. 2010-092, headings read, text waived:
ORDINANCE OF THE CITY OF CHULA AMENDING V ARlOUS SECTIONS
OF THE CHULA VISTA MUNICIPAL CODE INCLUDING TITLE 19
(ZONING ORDINANCE) RELATED TO DEVELOPMENT REVIEW
ADMINISTRATION PROCEDURES; PARKING REGULATIONS, AND NON
CONFORMING USES/STRUCTURES; AND TITLE 2 (ADMINISTRATION
AND PERSONNEL) RELATED TO THE PLANNING RELATED DUTIES
AND FUNCTIONS OF THE CHULA VISTA REDEVELOPMENT
CORPORATION; AND TITLE 18 (SUBDIVISIONS) RELATED TO
ADMINISTRATIVE PROCEDURES FOR THE SUBDIVISION OF LAND
FOR THE PURPOSE OF PROCESS IMPROVEMENTS
RESOLUTION NO. 2010-092, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY RELATED
TO COMPREHENSIVE APPROACH FOR PUBLIC PARTICIPATION AS IT
RELATES TO THE DEVELOPMENT REVIEW PROCESS FOR THE
PURPOSE OF PROCESS IMPROVEMENTS
Councilmember Thompson seconded the motion and it carried 5-0.
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Mayor Cox announced a meeting recess at 6:27 p.m. The meeting reconvened at 6:49 p.m. with
all members present. Mayor Cox announced that Item 19C would be taken out of order and
addressed at this time.
Prior to addressing Item 19C, City Manager Sandoval announced a recent unexpected visit to the
Chula Vista Animal Care Facility by Dr. Lawrence Kosim, DVM, who perfornled an inspection
of the facility, and reported that the area that housed sick animals was above standard, and that
the overall sanitation of the facility was a model of how veterinary hospitals should be.
19. C. Update from Port Commissioner Stephen Padilla
Port Commissioner Padilla noted that holding a joint meeting of the City Council, Board of Port
Commissioners, Chula Vista Redevelopment Corporation, and Planning Commission would
show the public the collaboration between the legislative bodies, and would provide consistency
in the way the materials were presented. He then provided the Council with the following
updates on recent Board of Port Commissioners' actions taken as steps for moving the Chula
Vista Bayfront Master Plan (CVBMP) forward:
1) Extension of a service agreement with Chula Vista Urban Development for services in
connection with the CVBMP; 2) Adoption by the Board, of a memorandum of
understanding for cost sharing/administration with San Diego. Chula Vista, National
City, for implementation of a Regional Enterprise Zone; 3) Issuance of coastal
development permit for clean up and remediation activities at the "L" ditch. a
contaminated drainage ditch adjacent to the former South Campus of BF Goodrich; 4)
Opposition to Senate Bill SB 1039 (Ducheny). Former Port Commissioner Bill Hall
initiated conversations with Senator Ducheny to stop the legislation, and the parties
reached a consensus that an approach within existing law was preferable. A proposal for
a Maritime Enhancement Group/Committee was developed with the endorsement of the
Port Chairman and Senator Ducheny; 5) Authorization of a preliminary project review
and commencement of environmental review process for demolition and remediation of
the South Bay Power Plant, with a target timeline by Dynergy for complete
demolition/remediation of the plant in 2014.
Discussion ensued between Councilmembers regarding SB 1039, with Council consensus to
move forward with the proposed committee structure.
Mayor Cox asked Commissioner Padilla to walk through the May 4th and May 18th scenarios
regarding the Bayfront Master Plan. Commissioner Padilla responded that the Port Board would
take the coalition settlement agreement on May 4, 2010, and the master plan amendment and
EIR certification on May 18, 20 lOin the Chula Vista Council Chambers. Mayor Cox suggested
that Commissioner Padilla return to the Council with an update in July.
It was the consensus of the Council/Redevelopment Agency to take Item 14 out of order, and it
was addressed at this time.
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ACTION ITEMS
14. CONSIDERATION BY THE REDEVELOPMENT AGENCY OF APPROVAL OF A
COOPERATIVE REMEDIATION AGREEMENT WITH ROHR, INC., OPERATING
AS GOODRICH AEROSTRUCTURES, AND; AN AGREEMENT WITH OPPER AND
V ARCO, LLP TO PROVIDE LEGAL SUPPORT IN THE IMPLEMENTATION OF
THE COOPERATIVE REMEDIATION AGREEMENT
The proposed agreement allocates Agency funds toward the remediation and/or
environmental mitigation of environmental impacts related to the operations of the
Goodrich facility, and creates a cooperative partnership between Goodrich and the
Agency in the development of a Remedial Action Plan (RAP), implementation of an
approved RAP and use of the Polanco Redevelopment Act to provide immunities to
future owners, users, developers and lenders of the site. The agreement with Opper and
Varco, LLP will provide continuing outside legal counsel to assist staff and the City
Attorney's office in the implementation of the Agreement, negotiations with the San
Diego Regional Water Quality Control Board, and realizing the immunities provided
under the Polanco Redevelopment Act. (Deputy City Manager/Development Services
Director)
Economic Development Manager Stone provided information about the proposed cooperative
remediation agreement between the Redevelopment Agency and Goodrich.
Parks Pemberton, Chula Vista resident, submitted a speaker slip indicating that he was opposed
to staff s recommendation to adopt the resolutions, but was not present to speak.
ACTION:
A.
B.
Chair Cox moved to adopt the following Redevelopment Agency Resolution Nos.
2010-2019 and 2010-2020, headings read, text waived:
RESOLUTION NO. 2010-2019, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING THE
COOPERATIVE REMEDIATION AGREEMENT WITH ROHR, INC.,
OPERATING AS GOODRICH AEROSTRUCTURES
RESOLUTION NO. 2010-2020, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT
WITH OPPER AND V ARCO LLP PROVIDING LEGAL SUPPORT IN THE
IMPLEMENTATION OF THE COOPERATIVE REMEDIATION
AGREEMENT, THE POLANCO REDEVELOPMENT ACT AND
NEGOTIATIONS WITH THE SAN DIEGO REGIONAL WATER QUALITY
CONTROL BOARD AND OTHER RELATED WORK IN CONJUNCTION
THEREWITH AS DETERMINED BY THE AGENCY'S GENERAL
COUNSEL
Agencymember Bensoussan seconded the motion and it carried 5-0.
It was the consensus of the Council to taken Item 17 out of order and it was addressed at this
time.
17. CONSIDERATION OF PROHIBITING ALCOHOLIC BEVERAGES AT RIENSTRA
PARK BALLFIELDS
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ACTION ITEMS (Continued)
The consumption of alcoholic beverages at Rienstra Park Ballfields was addressed by
staff at a recent City Council meeting resulting from complaints by area residents.
Adoption of the resolution prohibits consumption of alcohol at Rienstra Park BalHields
pursuant to Chula Vista Municipal Code Section 2.66.043. (City Attorney)
City Attorney Miesfeld introduced the item.
Ed Lopez, Chula Vista resident, representing South Bay Little League, spoke in support of the
proposed alcohol prohibition.
Steve Alanis, Chula Vista resident, representing South Bay Little League, spoke in support of
prohibiting alcohol consumption at Rienstra Park ballfields.
City Attorney Miesfeld provided the framework on the matter, stating that the Council needed to
make findings that Rienstra Park had been experiencing alcohol-related problems.
Police Chief Bejarano stated that based on calendar year 2009, there was little documented
activity and calls for service in the park. In the last six months, the Police Department issued
four citations, one of which was consumption of alcohol by a minor. Chief Bejarano stated that
the department would support the ban of alcohol at Rienstra Park ball fields.
Councilmember Castaneda suggested looking at all of the youth sports facilities to adopt similar
restrictions during youth sporting events, and to refer the matter to the Youth Sports Council.
Mayor Cox suggested that rather than making a broad referral, the signs be posted at Rienstra
Park, and suggested that the South Bay Little League Board contact the Police Department when
they observe alcohol consumption in the park. She then requested that Police Chief Bejarano, in
working with members of the Little League board, provide a memorandum to the Council
following the close of the Little League season to indicate whether or not posting the signs made
a difference.
Deputy Mayor Ramirez stated for the record that Pony League President Diaz was also III
support of posting signs prohibiting consumption of alcohol at Rienstra Park.
Councilmember Thompson stated that it was reasonable for the Council to make the necessary
findings based on the fact that an organization had brought the request forward.
ACTION:
Deputy Mayor Ramirez moved to adopt the following Resolution No. 2010-094,
heading read, text waived:
RESOLUTION NO. 2010-094, RESOLUTON OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DIRECTING THAT RIENSTRA PARK
BALLFIELDS BE POSTED WITH SIGNS PROHIBITING ALCOHOLIC
BEVERAGES PURSUANT TO CHULA VISTA MUNICIPAL SECTION
2.66.043
Councilmember Thompson seconded the motion and it carried 5-0.
Page 11 - CouncillRDA Minutes
April 20, 20 I 0
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DRAFT
PUBLIC HEARINGS
II. CONSIDERATION OF A WAIVER AND REIMBURSEMENT OF PERMIT
APPLICATION FOR THE ST. PIUS X CATHOLIC CHURCH AND SCHOOL
LOCATED AT 1120 CUY AMACA AVENUE
Adoption of the resolution approves the waiver and reimbursement of a portion of the
planning permit fees paid for the processing of applications for a Conditional Use Permit,
Design Review, and Environmental Initial Study for the St. Pius X Catholic Church,
pursuant to Municipal Code Master Fee Schedule. (Deputy City Manager/Development
Services Director)
Notice of the hearing was given in accordance with legal requirements, and was continued to a
date uncertain at the request of staff.
12. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BIDS RECEIVED
FOR THE "OTA Y LAKES ROAD WIDENING - PHASE I" PROJECT (STM355) PER
CITY CHARTER SECTION 1009
On March 29, 2010, the Director of Public Works received sealed bids for this project.
The work to be done consists of the widening of portions of Otay Lakes Road and East H
Street, traffic signal installation and modification, modification of a parking lot at Bonita
Vista High School, median modification, landscaping, and the installation of a recycled
water pipeline on behalf of the Otay Water District. Adoption of the resolution waives
the bid irregularities and awards the contract to Southland Paving, Inc., and authorizes the
expenditure of available funds for completion of construction. (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.
Public Works Director Hopkins stated that this was the first phase ina series of projects on Otay
Lakes Road near Southwestern College, for improvements to relieve traffic congestion.
Principal Civil Engineer Ammerman presented the key points and features ofthe project.
Deputy City Attorney Miller asked for Council consideration to approve the award of the
contract, contingent upon action regarding right-of-way to be taken by the Southwestern College
Board at its meeting of April 20, 2010.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Councilmember Thompson made a referral to staff look at the possibility to have all bidders list
the sub-contractors, the percentage of work performed by the subcontractors and location of the
subcontractors, and to have staff come with a recommendation to the Council.
Page 12 - Council/RDA Minutes
April 20, 2010
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DRAFT
PUBLIC HEARINGS (Continued)
Mayor Cox further requested that staff look at how this would affect looking at bid documents,
and to bring the matter back to the Council in about a month.
ACTION:
Councilmember Thompson moved to adopt the following Resolution No. 2010-
093, as amended to include a contingency, heading read, text waived:
RESOLUTION NO. 2010-093, RESOLUTON OF THE CITY COUNCIL OF
THE CITY OF CHULA VIST A WAIVING IRREGULARITIES, ACCEPTING
BIDS, AND CONTINGENT UPON THE EXECUTION OF APPROPRIATE
RIGHT-OF-WAY DOCUMENTS, AWARDING THE CONTRACT FOR THE
"OTAY LAKES ROAD WIDENING - PHASE I" PROJECT (STM355) TO
SOUTHLAND PAVING, INCORPORATED, IN THE AMOUNT OF
$2,858,937.02, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO EXECUTE SAID RIGHT-OF-WAY DOCUMENTS AND EXPEND ALL
AVAILABLE FUNDS IN TI-IE PROJECT (Continued from April 13, 2010)
Councilmember Castaneda seconded the motion and it carried 5-0.
13. CONSIDERATION BY THE REDEVELOPMENT AGENCY OF AN AMENDMENT
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHlILA
VISTA, THE CHULA VISTA REDEVELOPMENT AGENCY, AND ROHR, INC.,
OPERATING AS GOODRICH AEROSTRUCTURES
The original development agreement approved on October 19, 1999, provided assurances
to Goodrich that it could continue with its operations and development in accordance
with existing rules, regulations and existing policies of the City and Agency. Adoption of
the ordinance allows Goodrich to extend the original term of the agreement by ten years
or until December 30. 2038. This item will be re-scheduled and re-noticed. (Deputy City
Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and was continued to a
date uncertain at the request of staff.
ACTION ITEMS
14. Item 14 was taken out of order and heard after Item 19C.
IS. CONSIDERATION OF A CONTRACT WITH FIRE RECOVERY USA, LLC FOR
COST RECOVERY SERVICES FOR EMERGENCY SERVICES, AND AMENDING
CHAPTER XV OF THE CHULA VISTA MASTER FEE SCHEDULE.
The Fire Department desires to implement a new program to recover increased costs
associated with responses to vehicle accidents whcre hazardous mitigation is required.
Fire Recovery USA, LLC has been selected to provide billing and collection services for
the City of Chula Vista. (Fire Chief)
Page 13 - CounciVRDA Minutes
April 20, 2010
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DRAFT
ACTION ITEMS (Continued)
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CONTRACT WITH FIRE RECOVERY USA. LLC TO
PROVIDE EMERGENCY SERVICES COST RECOVERY SERVICES
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER XV FIRE DEPARTMENT FEES OF THE CITY OF
CHULA VISTA MASTER FEE SCHEDULE
This item was removed from the agenda at the request of staff.
16. REPORT OF INTENTION TO OFFER EMPLOYEES IN SPECIFIED JOB
CLASSIFICATIONS WHO ARE MEMBERS OF THE CALIFORNIA PUBLIC
EMPLOYEES RETIREMENT SYSTEM (CALPERS) LOCAL MISCELLANEOUS
AND LOCAL PUBLIC SAFETY-FIRE GROUPS THE OPPORTUNITY TO RETIRE
WITHIN A DESIGNATED PERIOD AND RECEIVE TWO YEARS ADDITIONAL
SERVICE CREDIT PURSUANT TO GOVERNMENT CODE S20903 (Continued from
April 13, 2010)
In an effort to significantly reduce Fiscal Years 2011 and 2012 General Fund
expenditures and to avoid impending mandatory transfers, layoffs and demotions, it is the
City's intent to offer the CalPERS Two Years Additional Service Credit benefit option as
an incentive to retirement to specified classifications covered under the City's contracts
with CalPERS for Local Miscellaneous and Local Public Safety Fire employees. This
report is being presented to meet CalPERS' requirement that the estimated additional
employer contributions, which will be required in the future for providing the two years
service credit, be disclosed prior to the adoption of the resolution implementing the
option. The resolution will be presented at the May 4,2010 Council meeting. (Director
of Human Resources)
Human Resources Director Bacon provided the Council with information in response to
questions raised at the Council Meeting of April 13, 2010, related to specific costs of, and salary
savings from, the proposed early retirement incentive.
ACTION:
Deputy Mayor Ramirez moved to accept the report. Mayor Cox seconded the
motion and it carried 4-1, with Councilmember Castaneda opposed.
17.
This item was taken out of order and addressed after Item 14.
Mayor Cox announced that Item 11 would not be heard and the item was continued indefinitely.
OTHER BUSINESS
18. CITY MANAGERlEXECUTIVE DIRECTOR'S REPORTS
City Manager Sandoval stated that there would be no Council Meeting on April 27, 2010. The
next Council Meeting was scheduled for May 4, 2010, and a Council Workshop was scheduled
for May 6. 2010, at 4:00 p.m. in the Police Department Community Room.
Page 14 - CounciVRDA Minutes
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April 20. 2010
DRAFT
OTHER BUSINESS (Continued)
19. MAYOR/CHAIR'S REPORTS
Mayor Cox reported on the current construction at local schools, as a result of a $640 million
general obligation bond for the High School District, which includes a 700-person theatre at
Chula Vista High School and new, steel-constructed classrooms for Hilltop High School. She
also made the following announcements:
. April 21, 20 10, 6:30 p.m., Council Chambers - Committee of I 00 meeting
. April 24, 2010,10:00 a.m., Memorial Bowl - The Day of the Child Day
. April 24, 2010, 10:00 a.m., Otay Ranch TOV,l1 Center A multi-cultural fair sponsored
by Asian and Filipino organizations.
Mayor Cox also reported that fundraiser tickets were on sale by the Friends of the Library for
fundraising event at Salt Creek Park
A.
Ratification of the appointment of Randy Bellamy to the Charter Review
Commission.
B.
Ratification of the appointment of Francisco Javier Nava to the Design Review
Board.
ACTION:
Mayor Cox moved to ratify the appointment of Randy Bellamy to the Charter
Review Commission, and Francisco Javier Nava to the Design Review Board.
Deputy Mayor Ramirez seconded the motion and it carried 5-0.
C.
Update from Port Commissioner Stephen Padilla
Item 19.C. was heard after Item 10.
20. COUNCIL/AGENCY MEMBERS' COMMENTS
. Councilmember Bensoussan:
Revitalization Task Force.
Approval of formation of an expanded Western
ACTION:
Councilmember Castaneda moved to appoint Councilmembers Bensoussan and
Thompson as members of the Expanded Redevelopment Committee Task Force,
together with three members of the Chula Vista Redevelopment Corporation.
Councilmember Bensoussan seconded the motion, and it carried 5-0.
Councilmember Bensoussan announced the Arbor Day celebration on April 21, 20 I 0, with a tree
planting at the historic orchard home, known as the Edward Gilette Home, located at 44 North
Second Avenue, at 3:00 p.m. She also reported that most adoption fees would be waived at the
Animal Care Facility from April 23 through April 30, 2010.
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April 20,20 I 0
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OTHER BUSINESS (Continued)
Councilmember Castaneda stated that he attended the recent press conference and presentation
by the First Lady of the United States, Michelle Obama, at the City Heights All Hands
Community Garden that included discussions about childhood obesity. He noted that Mrs.
Obama had specifically mentioned the City's initiatives on childhood obesity. He thanked City
staff, the Police Department, the City Manager and the Council, for their work on the matter.
Councilmember Castaneda requested staff to look at the recurring problems associated with
people camping out at Lauderbach Park. City Manager Sandoval responded that staff was aware
ofthe problems, and would be bringing a proposal to the Council.
Councilmember Thompson commented that his grandson was III attendance at First Lady
Michelle Obama's press conference.
Mayor Cox recessed the meeting to re-convene the Special Meeting in Closed Session at 8:46
p.m.
ADJOURNMENT
At 9:15 p.m., Mayor Cox adjourned the meeting to the next regular City Council meeting on
April 27, 2010, at 4:00 p.m., in the Council Chambers. Redevelopment Agency adjourned to the
next regular meeting on May 4,2010, at 4:00 p.m., in the Council Chambers.
~
..........Lorraine Bennett, CMC, Deputy City Clerk
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April 20, 2010
DRAFT
MINUTES OF A SPECIAL MEETINGS OF THE CHULA VISTA CITY COUNCIL,
CHULA VISTA REDEVELOPMENT CORPORATION, AND CHULA VISTA PLANNING
COMMISSION, MEETING JOINTLY WITH THE SAN DIEGO UNIFIED PORT DISTRICT
BOARD OF PORT COMMISSIONERS
May 18,2010
1:00 P.M.
Special Meetings of the City Council, Chula Vista Redevelopment Corporation, and Planning
Commission of the City of Chula Vista; and a Regular Meeting of the San Diego Unified Port
District Board of Port Commissioners were called to order at 1:04 p.m. in the Council Chambers,
located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT:
Councilmembers Bensoussan, Castaneda, Ramirez, Thompson,
and Mayor Cox
Chula Vista Redevelopment Corporation Directors Flores, Munoz,
Paul, Reyes, Salas and Chair Lewis
Planning Commissioners Bringas, Felber, Liuag, Moctezuma,
Spetlunan, and Chair Vinson
San Diego Unified Port District Port Commissioners Bixler,
Burdick, Padilla (arrived at 1:07 p.m.), Peters, Smith, and Chair
Valderrama
ABSENT:
Chula Vista Redevelopment Corporation Director Desrochers
Planning Commissioner Tripp
Port Commissioner Cushman
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
Port President/CEO Wurster, Port Attorney Bennett, District Clerk
Liner, and Deputy District Clerk Nicholson
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Port Commission Chair Valderrama led the Pledge of Allegiance.
PUBLIC HEARINGS
SAN DIEGO UNIFIED PORT DISTRICT BOARD OF PORT COMMISSIONERS
Consideration of matters by the San Diego Unit,ed Port District Board of Port
Commissioners related to the Chula Vista Bayfront Master Plan Environmental Impact
Report and Port Master Plan Amendment.
Page 1 - Special Joint CCfPort/CVRC/Plng Minutes
May 18.20 to
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DRAFT
PUBLIC HEARINGS (Continued)
CITY OF CHULA VISTA
CONSIDERA nON OF MATTERS RELATED TO THE CHULA VISTA BA YFRONT
MASTER PLAN
In 2002, the San Diego Unified Port District and the City of Chu\a Vista began work to
create a master plan for the approximately 556-acre Bayfront area. The Chula Vista
Bayfront Master Plan Area represents a collaborative effort between the Port, community
committees, and the City in developing a comprehensive plan that consolidates the
jurisdictions' planning vision. In addition to the Port's related actions, the proposed
project includes a project-level environmental evaluation of the Pacifica development
project, as well as proposed City actions, including amendments to the City's General
Plan, Local Coastal Program Land Use Plan, and Local Coastal Program Specific Plan
(Chula Vista Municipal Code Chapters 19.81 thru 19.87). (Deputy City
Manager/Development Services Director) .
Notice of the joint public 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 introduced Port Chair Valderrama. She then introduced City Manager Sandoval who
recognized City staff responsible for .the project, Deputy City Manager/Development Services
Manager Halbert and Principal Planner Lundstedt.
Chair Valderrama introduced Port President/CEO, Charles Wurster, who introduced Port District
staff responsible for the project, Director of Land Use Planning Helmer and Senior
Redevelopment Planner Nishihira.
Chair Valderrama opened the public hearing for the Port District.
City Attorney Miesfeld announced that written disclosures of property holdings of the City
Council, Planning Commission, and Chula Vista Redevelopment Corporation (CVRe) Members
were provided to the City Clerk for the record. '
Mayor Cox opened the public hearing for the City Council.
Chair Lewis opened the public hearing for the Chula Vista Redevelopment Corporation (CVRe).
Chair Vinson opened the public hearing for the Chula Vista Planning Commission.
Mr. Helmer provided an overview of the proposed actions for the Board of Port Commissioners.
Deputy City Manager/Development Services Director Halbert provided an overview of the
proposed actions for the City.
Ms. Nishihira provided information on the public participation process involved with the
proposed project. She then presented a tour of the Chula Vista Bayfront Master Plan and
provided information regarding the Port Master Plan Amendment, and the Environmental Impact
Report.
Page 2 - SpeCIal JOint CC/PortlCVRC/Plng Minutes
May 18, 2010
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PUBLIC HEARINGS (Continued)
Principal Planner Lundstedt presented information on the proposed amendments to the City's
General Plan, proposed changes to the Local Coastal Program to be submitted to the California
Coastal Commission, and a minor amendment to the City's Multiple Species Conservation
Program. She noted that the proposed actions will facilitate a proposed land swap and a
development project by Pacifica Companies.
Ms. Nishihira provided information on unmitigated environmental impacts associated with the
proj ect.
Mike Hogan, Port District Legal Counsel, presented the alternatives considered for the Final
Environmental Impact Report, and the feasibility of implementing each of those alternatives. He
noted that the California Environmental Quality Act (CEQA) allows and has provisions for
unmitigated impacts, which allow the bodies to make certain findings and approve the project
despite those impacts.
The following members of the public spoke in support of the Chula Vista Bayfront Master Plan
Environmental Impact Report and Port Master Plan Amendment:
. Brian Joseph, Escondida resident, representing the Chula Vista Nature Center
Susan Fuller, Imperial Beach resident, representing the Chula Vista Nature Center
Jeff Kuhn, Chula Vista resident
Todd Roberts, San Diego resident, representing Marine Group Boat Works, who
requested an amendment to the language in Port Master Plan.
Tom Lemmon, San Diego resident, representing San Diego/Imperial Building Trades
Sharon Floyd, Chuta Vista resident, who also requested that the trees at the foot of F
Street be protected and remain in place.
Lorena Gonzalez, San Diego resident
Ali Shapouri, San Diego resident, representing San Diego Buca FC Soccer, stated that it
would be beneficial to include a soccer field, and felt that language was too restrictive
with regard to sports fields.
. Ash Israni, representing Pacifica Companies
Allison Rolfe, representing Pacifica Companies
Lisa Cohen, Chula Vista resident, representing Chula Vista Chamber of Commerce
Kevin O'Neill, Chula Vista resident
Greg Mattson, representing Third A venue Village Association
Adam Sparks, representing Third Avenue Village Association
Richard D'Aseoli, San Diego resident, representing Pacific Southwest Association of
Realtors
. Marco Gonzalez, representing Environmental Health Coalition - Coast Law Group
Laura Hunter, representing Environmental Health Coalition
Jim Peugh, representing San Diego Audubon
. Mike McCoy, representing South West Wetlands Interpretive Association
Bruce Reznik, representing San Diego Coastkeeper
. Bridgette Browning, representing Unite Here
Cindy Gompper-Graves, representing South County EDC
Rosa Lopez Gonzalez, Chula Vista resident, representing South County EDC
Page 3 - Special Joint CClPortlCYRCfPlng Minutes May 18, 2010
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DRAFT
PUBLIC HEARINGS (Continued)
. Bill Clevenger, representing South County EDC
. Todd Galarneau, representing South County EDC
. Susan Lipp, Chula Vista resident, representing South County EDC
. Scott Parker, representing South County EDC
Ricardo Macedo, representing South County EDC
Rob Hixon, representing South County EDC
. Emily Serafy Cox, San Diego resident, representing Empower San Diego
. Leo Estel, Chula Vista resident
Greg Cox, Chula Vista resident, representing County of San Diego
The following members of the public spoke in opposition to the ErR and Plan Amendment:
. David Krogh, Chula Vista resident.
Jackie Lancaster, Chula Vista resident, representing Save Our Bayfront
Peter Watry, Chula Vista resident, requested to speak beyond the three minutes time limit. Chair
Valderrama declined the request. Mr. Watry then spoke in opposition to the environmental
impact report, and suggested that it be revised and submitted a letter in opposition to the
proposed ErR. He also spoke in opposition to the proposed master plan.
David Danciu, Chula Vista resident, told a story about the proposed bayfront development.
Jim Peterson, Chula Vista resident, stated he had concerns with the residential component of the
bayfront plan and building heights. He suggested that a water feature timed to music, be placed
at the J Street entrance to the bayfront.
There being no further members of the public who wished to speak, Chair Valderrama closed the
public hearing for the Port District.
Mayor Cox closed the public hearing for City Council.
Chair Lewis closed the public hearing for the Chula Vista Redevelopment Corporation.
Chair Vinson closed the public hearing for the Chula Vista Planning Commission.
City Attorney Miesfeld advised the City agencies to provide an additional allotment of two
minutes to allow Peter Watry to provide the remainder of his testimony.
It was the consensus of the City Council, Chula Vista Redevelopment Corporation and Planning
Commission to re-open their respective public hearings, and to hear further comments by Mr.
Watry.
Peter Watry, Chula Vista resident, spoke in opposition to the separated parkland on the proposed
plan.
Mayor Cox closed the public hearing for City Council.
Page 4 - Special Joint CC/PortlCYRClPlng Minutes
May 18, 2010
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DRAFT
PUBLIC HEARINGS (Continued)
Chair Lewis closed the public hearing for the Chula Vista Redevelopment Corporation.
Chair Vinson closed the public hearing for the Chula Vista Planning Commission.
The Board of Port Commissioners discussed the proposed master plan.
Following discussion, the Board of Port Commissioners adopted the following resolutions:
Port Resolution No. 2010-78 which (1) certifies the final environmental impact report for
the Chula Vista Bayfront Master Plan and Port Master Plan Amendment; (2) adopts the
alternate L-Ditch remediation alternative; (3) adopts finding of fact and a statement of
overriding considerations; (4) adopts a mitigation monitoring and reporting program; and
(5) directs filing of the notice of determination.
Port Resolution No. 2010-79 which (1) approves the Port Master Plan Amendment for
the Chula Vista Bayfront Planning District 7 and (2) directs filing the Port Master Plan
Amendment with the California Coastal Commission for certification.
Chair Valderrama adjourned meeting of the San Diego Unified Port District at 3:20 p.m.
Mayor Cox announced a recess of the Special Joint City Council, Chula Vista Redevelopment
Corporation, and Chula Vista Planning Commission Meeting.
The Special Joint City Council, Chula Vista Redevelopment Corporation, and Planning
Commission Meeting reconvened at 3:37 p.m., with all members present, except Chula Vista
Redevelopment Corporation Director Desrochers and Planning Commissioner Tripp.
Mayor Cox asked staff to clarify speaker concerns about reduced open recreational space for
residents. Port Senior Redevelopment Planner, Nishihiri responded that close to forty percent of
the proposed plan was dedicated to open space that would include dedicated parkland or useable
open space areas.
Principal Planner Lundstedt clarified an earlier speaker comment and concern about the proposed
bayfront building height limit, stating that the height limit was 200 feet.
The Chula Vista Redevelopment Corporation discussed the proposed plan.
ACTION:
Director Paul moved to adopt the following CVRC Resolution No. 2010-007,
heading read, text waived:
A.
RESOLUTION NO. 2010-007, RESOLUTION OF THE CHULA VISTA
REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CONSIDER FINAL ENVIRONMENTAL IMPACT REPORT (UPD
#833-EIR-658; SCH NO. 2005081077) AND ERRATA; MAKE CERTAIN
FINDINGS OF FACT; ADOPT A STATEMENT OF OVERRIDING
CONSIDERATIONS AND ADOPT A MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE CHULA VISTA BAYFRONT MASTER
PLAN AND PORT MASTER PLAN AMENDMENT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Director Salas seconded the motion and it carried 6-0.
Page 5 - Special Joint CCIPortJCVRClPlng Minutes
May 18,2010
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DRAFT
PUBLIC HEARINGS (Continued)
ACTION: Director Paul moved to adopt the following Chula Vista Redevelopment
Corporation Resolution No. 2010-008, heading read, text waived:
B. RESOLUTION NO. 2010-008, RESOLUTION OF THE CHULA VISTA
REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVE AMENDMENTS TO PORTIONS OF THE CITY'S
GENERAL PLAN LAND USE AND TRANSPORTATION; ECONOMIC;
PUBLIC FACILITIES AND SERVICES; ENVIRONMENTAL; AND
IMPLEMENTATION ELEMENTS, INCLUDING ASSOCIATED TEXT,
MAPS AND TABLES lNVOL VING THE BA YFRONT PLANNING AREA
Director Reyes seconded the motion and it carried 6-0.
ACTION: Director Paul moved to adopt the following CVRC Resolution No. 2010-009,
heading read, text waived:
C. RESOLUTION NO. 2010-009, RESOLUTION OF THE CHULA VISTA
REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA
MAKING CERTAIN FINDINGS AND RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVE THE PROPOSED
AMENDMENT TO THE CHULA VISTA LOCAL COASTAL PROGRAM
CONSISTING OF THE LAND USE PLAN AND THE SPECIFIC PLAN, AND
AMEND CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THRU 19.87
Chair Lewis seconded the motion and it carried 6-0.
The Chula Vista Planning Commission discussed the proposed plan.
ACTION: Commissioner Spethman moved to adopt the following Planning Commission
Resolution No. EIR-10-02, heading read, text waived:
D. RESOLUTION NO. EIR-10-02, RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING
THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDER
FINAL ENVIRONMENTAL IMPACT REPORT (UPD #833-EIR-658; SCH
NO. 2005081077) AND ERRATA; MAKE CERTAIN FINDINGS OF FACT;
ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS AND
ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE CHULA VISTA BAYFRONT MASTER PLAN AND PORT MASTER
PLAN AMENDMENT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Commissioner Felber seconded the motion and it carried 6-0.
Page 6 - Special Joint CClPortJCVRC/Plng Minutes
May 18,2010
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DRAFT
PUBLIC HEARINGS (Continued)
ACTION: Commissioner Spethrnan moved to adopt the following Planning Commission
Resolution No. GPA-10-01, heading read, text waived:
E. RESOLUTION GPA-10-01 OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL
OF THE CITY OF CHULA VISTA APPROVE AMENDMENTS TO
PORTIONS OF THE CITY'S GENERAL PLAN LAND USE AND
TRANSPORTATION; ECONOMIC; PUBLIC FACILITIES AND SERVICES;
ENVIRONMENTAL; AND IMPLEMENTATION ELEMENTS, INCLUDING
ASSOCIATED TEXT, MAPS AND TABLES INVOLVING THE BAYFRONT
PLANNING AREA
Commissioner Bringas seconded the motion and it carried 6-0.
ACTION: Commissioner Spethrnan moved to adopt the following Planning Commission
Resolution No. PCM-10-09, heading read, text waived:
F. RESOLUTION PCM-10-09 OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA MAKING CERTAIN FINDINGS AND
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVE THE PROPOSED AMENDMENT TO THE CHULA VISTA
LOCAL COASTAL PROGRAM CONSISTING OF THE LAND USE PLAN
AND THE SPECIFIC PLAN, AND AMEND CHULA VISTA MUNICIPAL
CODE CHAPTERS 19.81 THRU 19.87
Commissioner Moctezuma seconded the motion and it carried 6-0.
At 4:05 p.m., Mayor Cox recessed the Special loint City Council, Chuta Vista Redevelopment
Corporation, and Planning Commission Meeting in order to convene the Regular City Council
Meeting, scheduled for 4:00 p.m.
The Special loint City Council, Chula Vista Redevelopment Corporation, and Planning
Commission Meeting reconvened at 4:05 p.m., with all members present, except Chula Vista
Redevelopment Corporation Director Desrochers and Planning Commissioner Tripp.
The City Council discussed the proposed plan.
ACTION: Mayor Cox moved to adopt the following Council Resolution No. 2010-113,
heading read, text waived:
G. RESOLUTION NO. 2010-113, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM
AFTER HAVING CONSIDERED AND RELYING ON THE FINAL
ENVIRONMENTAL IMPACT REPORT (UPD #833-EIR-658; SCH NO.
2005081077) AND ERRATA FOR THE CHULA VISTA BAYFRONT
MASTER PLAN AND PORT MASTER PLAN AMENDMENT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Councilmember Bensoussan seconded the motion and it carried 5-0.
Page 7 - Special Joint CCIPortlCVRC/Plng Minutes
May 18, 2010
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DRAFT
PUBLIC HEARING (Continued)
ACTION: Deputy Mayor Ramirez moved to adopt the following Council Resolution No.
2010-114, heading read, text waived:
H. RESOLUTION NO. 2010-114, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO PORTIONS
OF THE CITY'S GENERAL PLAN LAND USE AND TRANSPORTATION;
ECONOMIC; PUBLIC FACILITIES AND SERVICES; ENVIRONMENTAL;
AND IMPLEMENTATION ELEMENTS, INCLUDING ASSOCIATED TEXT,
MAPS AND TABLES INVOLVING THE BA YFRONT PLANNING AREA
Councilmember Castaneda seconded the motion and it carried 5-0.
ACTION: Councilmember Bensoussan moved to adopt the following Council Resolution
No. 2010-115, heading read, text waived:
1. RESOLUTION NO. 2010-115, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS,
APPROVING THE AMENDED LAND USE PLAN OF THE CHULA VISTA
LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD
THE SAME TO THE CALIFORNIA COASTAL COMMISSION FOR
CERTIFICATION
Councilmember Thompson seconded the motion and it carried 5-0.
ACTION: Councilmember Castaneda moved to place the following Ordinance on first
reading, heading read, text waived:
J. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA
LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTERS 19.81 THRU 19.87, AND MAKING CERTAIN FINDINGS
WITH REGARD THERETO (FIRST READING)
Deputy Mayor Ramirez seconded the motion and it carried 5-0.
ADJOURNMENT
At 4:27 p.m., Chair Vinson adjourned the meeting of the Planning Commission to its next
regular meeting; Chair Lewis adjourned the meeting of the Chula Vista Redevelopment
Corporation to its next regular meeting, and Mayor Cox adjourned the meeting of the City
Council to its next regular meeting.
t~ {, J%h~
Donna R. Norris, CMC, City Clerk
Page 8 - Special Joint CClPort/CVRC/Plng Minutes
May 18,2010
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May 18, 2010
4:00 P.M.
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
ClTY COUNCIL OF THE CITY OF CHULA VISTA
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05
p.m. in the Council Chambers, located in City Hall, 276 Fourth A venue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson,
and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
At 4:05 p.m., Mayor Cox recessed the Regular Meeting in order to conclude the business of the
Special Joint Meeting of the City Council, Chula Vista Redevelopment Corporation, Chula Vista
Planning Commission, and San Diego Unitied Port District Board of Port Commissioners.
At 4:28 p.m., Mayor Cox reconvened the Regular Meeting.
PUBLlC COMMENTS
Derrick Roach, Chula Vista resident, stated that Councilmember Thompson, while serving on the
Planning Commission, had a property ownership-related conflict of interest, and asked for his
resignation from the City Council.
PUBLlC HEARINGS
1. CONSIDERATION OF TERMINATION OF NEXHORlZON COMMUNICATIONS
INe., CABLE TELEVISION SYSTEM FRANCHISE, FOR FAILURE TO COMPLY
WITH MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT
(CONTINUED FROM APRIL 13,2010)
NexHorizon Communications, Inc. (NexHorizon) has been operating a cable television
system pursuant to a Franchise agreement with the City and has failed to meet certain
material provisions of the agreement. Staff provided NexHorizon with notice identifying
the material provisions that had been violated and provided NexHorizon in excess of 30
days to correct the violations and ultimately a notice that a public hearing to consider
termination would go forward on November 17, 2009. NexHorizon asserts that it had not
received adequate notice of the termination hearing. Although staff asserts that
termination and notice were conducted properly, in an effort to resolve the matter and out
of professional courtesy, staff has scheduled a second public hearing on the franchise
termination, for April 13, 2010, which has been continued to May 18,2010. (Director of
Conservation and Environmental Services)
Page 1 - Council minutes
May 18, 2010
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DRAFT
PUBLIC HEARING (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox continued the item to the Meeting of June 15,2010.
Mayor Cox noted for the record that no representatives from NexHorizon were present at the
meeting.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed.
2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
City of Chula Vista v. NexHorizon Broadband of Southern California. Inc.
San Diego Superior Court, Case No. 37-201O-00083634-CU-BC-CTL
ADJOURNMENT
At 4:34 p.m., Mayor Cox adjourned the meeting in memory of Paul Souval, to the next regular
City Council Meeting of May 25, 2010, at 4:00 p.m., in the Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
Page 2 - Council minutes
May 18, 2010
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