HomeMy WebLinkAboutcc min 2011/01/11 rdaMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL
MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
January 11, 2011
4:00 P.M.
A Regulaz Meeting 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/Agency Members: Aguilaz, Bensoussan, Castaneda, Ramirez,
and Mayor/Chair Cox
ABSENT: None
ALSO PRESENT: Assistant City Manager Halbert, City Attorney/Agency Counsel Googins,
City Clerk Norris, and Sr. Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Former Interim Councilmember Mitch Thompson led the Pledge of Allegiance, in memory of the
victims of the recent shooting incident in Arizona.
SPECIAL ORDERS OF THE DAY
Mayor Cox announced that 100 Seconds of Centennial History would be presented at the
beginning of each Council Meeting this year, to shaze something about centennial celebrations,
interesting stories, and pieces of history that commemorate the City's 100th birthday.
OATHS OF OFFICE
Luz Camacho, Cultural Arts Commission
City Clerk Norris administered the oath of office to Luz Camacho, and Councilmember
Bensoussan presented her with a certificate of appointment.
INTRODUCTION BY DIRECTOR OF RECREATION BUCK MARTIN, OF
EMPLOYEE OF THE MONTH, STEVE SCOTT, RECREATION SUPERVISOR III
Recreation Director Martin introduced employee of the month, Steve Scott. Mayor Cox then
read the proclamation and Councilmember Castaneda presented it to Steve.
PRESENTATION BY MITCH COCHRAN, INFORMATION SYSTEMS MANAGER
OF THE CITY OF MONROVIA, OF THE STATEWIDE MUNICIPAL
INFORMATION SYSTEMS ASSOCIATION OF CALIFORNIA EXCELLENCE
AWARD TO THE CITY OF CHULA VISTA INFORMATION TECHNOLOGY
SYSTEMS DEPARTMENT
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SPECIAL ORDERS OF THE DAY (Continued)
Mr. Cochran recognized the City's Information Systems Department on its excellence in
information technology practices, and presented the award to Information Systems Director,
Louie Vignapiano, who accepted the awazd of behalf of the department.
PRESENTATION BY MAYOR COX OF A PROCLAMATION TO DEBI SCHWARZ,
REPRESENTING GOODRICH AEROSTRUCTURES EMPLOYEES, RECOGNIZING
THEIR CONTRIBUTIONS TO THE CHULA VISTA CARES PROGRAM
Assistant Director of Engineering Quilantan introduced and thanked Goodrich Aerostructures
representatives and City staff representing Chula Vista Cares. Mayor Cox read the proclamation
and Deputy Mayor Ramirez presented it to Ms. Schwazz.
CONSENT CALENDAR
(Items 1-5)
Items 2 and 4 were removed from the Consent Calendar for separate consideration.
Councilmember Castaneda stated he would be abstaining from voting on Item 2, and Item 4 was
removed for discussion.
APPROVAL OF MINUTES of July 27, 2010.
Staff recommendation: Council approve the minutes.
This item was removed from the Consent Calendar.
ORDINANCE NO. 3178, ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, AND ROHR, INC., OPERATING AS GOODRICH
AEROSTRUCTURES, RELATED TO PROPERTY BOUNDED BY BAY
BOULEVARD TO THE EAST, THE REALIGNED MARINA PARKWAY TO THE
WEST, FSTREET /LAGOON DRIVE TO THE NORTH, AND THE PROPOSED
EXTENSION OF H STREET TO THE SOUTH (SECOND READING AND
ADOPTION) (Assistant City Manager/Development Services Director)
Staff recommendation: Council adopt the ordinance.
4. This item was removed from the Consent Calendaz.
RESOLUTION NO. 2011-001, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID PROCESS AND
AUTHORIZING STAFF TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF CHULA VISTA AND THE
URBAN CORPS OF SAN DIEGO COUNTY TO PROVIDE BRUSH MANAGEMENT
SERVICES FOR THE CITY OF CHULA VISTA (Director of Public Works) (Fire
Chief)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent
Calendar Items 1, 3, 5, headings read, text waived. Councilmember Castaneda
seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. WRITTEN COMMUNICATIONS
Memorandum from Councilmember Castaneda requesting an excused absence from the
December 14 and December 17, 2010 Council meetings.
ACTION: Mayor Cox moved to accept the memorandum. Councilmember Bensoussan
seconded the item and it carried 4-0-1, with Councilmember Castaneda
abstaining.
4. ORDINANCE NO. 3179, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.52, THE CITY'S
CAMPAIGN CONTRIBUTION ORDINANCE (SECOND READING) (City Attorney)
Staff recommendation: Council adopt the ordinance if it deems appropriate.
Councilmember Bensoussan recommended amending the ordinance to have the City Attorney
responsible for hiring the legal panel for cases brought against Councilmembers; and to have the
Councilmembers as the hiring authority for the panel on cases that could be brought against the
City Attorney. She further recommended that the City Attorney return to the Council with
details involving a more transparent process, with layers of separation between the actual hiring
of the panel, and not to have the Board of Ethics involved.
ACTION: Deputy Mayor Ramirez moved to adopt Ordinance No. 3179, heading read, text
waived. Councilmember Castaneda seconded the motion.
ACTION: Councilmember Bensoussan offered a substitute motion to bring back an amended
ordinance for first reading, with the City Attorney responsible for hiring the legal
panel for cases brought against Councilmembers; and with the City Council as the
hiring authority for the panel on cases brought against the City Attorney. The
substitute motion died for lack of a second.
ACTION: The main motion by Deputy Mayor Ramirez and seconded by Councilmember
Castaneda to adopt Ordinance No. 3179 carried 3-2, with Mayor Cox and
Councilmember Bensoussan opposed.
PUBLIC COMMENTS
Georgie Stillman, Chula Vista resident, stated that she was hopeful of a positive outcome
for labor negotiations between the City and the Police Officers Association.
Daniel Green, Chula Vista resident, spoke in support of allowing medical marijuana
dispensaries in the City.
Page 3 -Council/RDA Minutes January 11, 2011
PUBLIC COMMENTS (Continued)
Willazd Howazd, Chula Vista resident, asked for Council consideration to acknowledge
the recent passing of Chester DeVore, long time Southwestern College President, and
active community member.
PUBLIC HEARINGS
6. CONSIDERATION OF APPLICATIONS FILED BY INTEGRAL PARTNERS XXVI,
LLC FOR EASTLAKE PROPERTY OWNERS, LLC TO DEVELOP AN 18.4 ACRE
SITE WITH A 389-UNIT CONDOMINIUM PROJECT (Continued from the meeting of
December ] 4, 2010) (Assistant 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.
Assistant City Manager Halbert introduced the item.
Mayor Cox opened the public hearing.
The following members of the public spoke in support of the proposed project:
Mike Spethman, Chula Vista resident, representing the Planning Commission
Jay Norris, Bonita resident, representing Chula Vista Chamber of Commerce
Scott Vinson, Chula Vista resident, representing Chula Vista Chamber of Commerce
Kevin O'Neill, Chula Vista resident
Lisa Cohen, Chula Vista resident, representing Chula Vista Chamber of Commerce
Matt Adams, San Diego resident, representing Building Industry Association
There being no other members of the public who wished to speak, Mayor Cox closed the public
heazing.
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011-
002, heading read, text waived:
A. RESOLUTION NO. 2011-002, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO FEIR-OS-02;
APPROVING AMENDMENTS TO THE EASTLAKE III SECTIONAL
PLANNING AREA (SPA) PLAN, PUBLIC FACILITIES FINANCE PLAN (PFFP)
AND ASSOCIATED REGULATORY DOCUMENTS FOR 18.4 ACRES AT THE
SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD
Councilmember Bensoussan seconded the motion, and it carried 5-0.
ACTION: Councilmember Castaneda moved to place the following ordinance on first
reading, heading read, text waived:
Page 4 -Council/RDA Minutes January 11, 2011
PUBLIC HEARINGS (Continued)
B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY
DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 18.4
ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND
WUESTE ROAD (FIRST READING)
Councilmember Bensoussan seconded the motion, and it carried 5-0.
ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2011-
003, heading read, text waived:
C. RESOLUTION NO. 2011-003, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT
FOR A PROPOSED 389 UNIT CONDOMINIUM PROJECT FOR 18.4 ACRES
AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE
ROAD
Councilmember Bensoussan seconded the motion, and it carried 4-1, with
Councilmember Aguilaz voting no.
ACTION ITEMS
CONSIDERATION OF AMENDING VARIOUS SECTIONS OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES (Assistant City
Manager/Development Services Director)
Deputy Mayor Ramirez and Councilmember Castaneda stated that they would be abstaining
from voting on Item 7, due to potential property-related conflicts of interest.
At 5:15 p.m., Deputy Mayor Ramirez and Councilmember Castaneda left the dais.
Assistant City Manager Halbert introduced the item, and noted that with regazd to the proposed
suspension of development impact fees, the Council had been provided four options to consider:
1) Staff s recommendation to suspend the collection of development impact fees for all types of
development in all redevelopment project areas, with the exception of the Bayfront Project Area;
2) Suspend the collection of development impact fees in all redevelopment project azeas,
excluding retail development except the Otay Valley Redevelopment Project Area; 3) Suspend
the collection of development impact fees for market rate residential development within
redevelopment project areas and exclude the suspension of fees for retail development in all
redevelopment project areas, except in the Otay Valley Redevelopment Project Area, where all
types of development would be included in the suspension of fees; 4) Suspend the collection of
development impact fees in redevelopment project azeas, excluding office and retail development
except the Otay Valley Redevelopment Project Area.
Page 5 -Council/RDA Minutes January 11, 2011
ACTION ITEMS (Continued)
The following members of the public spoke in support of staff s recommendation:
Georgie Stillman, Chula Vista resident
Jay Non•is, Bonita resident, representing Chula Vista Chamber of Commerce
Mitch Thompson, Chula Vista resident
Kevin O'Neill, Chula Vista resident
Christopher Lewis, Bonita resident, representing Chula Vista Redevelopment Corporation
Matt Adams, San Diego resident, representing Building Industry Association
Mary Salas, Chula Vista resident
Scott Vinson, Chula Vista resident
The Council discussed the proposed options for waiving development impact fees for properties
within redevelopment project areas.
ACTION: Councilmember Bensoussan moved to adopt the following Council Resolution
No. 2011-004, and Redevelopment Agency Resolution No. 2011-2032, and to
place the ordinance of first reading, heading read, text waived:
A. COUNCIL RESOLUTION NO. 2011-004 AND REDEVELOPMENT
AGENCY RESOLUTION NO. 2011-2032 OF THE CITY OF CHULA
VISTA ADOPTING THE MEMORANDUM OF UNDERSTANDING
REGARDING PAYMENT FOR INFRASTRUCTURE OR
CONSTRUCTION THEREOF
B. ORDINANCE OF THE CITY OF CHULA VISTA SUSPENDING THE
COLLECTION OF FEES CHARGED PURSUANT TO CHAPTERS 3.50
(DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC
FACILITIES), 3.55 (WESTERN TRANSPORTATION
DEVELOPMENT IMPACT FEE), AND 17.10 (PARKLANDS AND
PUBLIC FACILITIES) OF THE CHULA VISTA MUNICIPAL CODE
FOR DEVELOPMENT IN THE REDEVELOPMENT PROJECT
AREAS, EXCLUDING THE BAYFRONT PROJECT AREA, FOR A
PERIOD OF FIVE (5) YEARS (FIRST READING)
The motion failed 2-1-2, with Councilmember Aguilaz opposed, and
Deputy Mayor Ramirez and Councilmember Castaneda abstaining.
ACTION: Councilmember Aguilaz moved to adopt Council Resolution No. 2011-004, and
Redevelopment Agency Resolution No. 2011-2032, and to place the Ordinance on
first reading as amended with Option 3, as outlined in the staff report. Mayor Cox
seconded the motion.
Discussion ensued regarding Option 3 of the proposed ordinance.
Page 6 - Council/RDA Minutes January 11, 2011
ACTION ITEMS (Continued)
At 6:30 p.m., Mayor Cox recessed the Council Meeting. The meeting reconvened at 6:47 p.m.,
with all Councilmembers present, with the exception of Deputy Mayor Ramirez and
Councilmember Castaneda.
City Attorney Googins read the revisions to the ordinance as modified by Option 3 of staffls
report: Section I) The collection of fees charged pursuant to Chapter 3.50, 3.55, and 17.10 of the
Chula Vista Municipal Code, is suspended for a period of five years for 1) market rate
residential development in all redevelopment areas, excluding the Bayfront Project Area; 2)
retail, office, and industrial development in the Otay Valley Road Project Area; 3) Industrial
development in the Southwest Redevelopment Project Area.
ACTION: Councilmember Aguilaz amended her motion to adopt Council Resolution No.
2011-004 and Redevelopment Agency Resolution No. 2011-2032 and place the
Ordinance on first reading as amended and read for the record by City Attorney
Googins. Mayor Cox seconded the motion, and it cazried 3-0-2, with
Councilmember Castaneda and Deputy Mayor Ramirez abstaining.
Councilmember Bensoussan requested, with Council consensus, to have staff and the Chula
Vista Redevelopment Corporation look at the fee schedule and development impact fees to see if
there may be a recommendation for an adjustment in fees in relationship to what other cities are
chazging.
Councilmember Aguilar suggested having staff and/or the Chula Vista Redevelopment
Corporation consider amending the Urban Core Specific Plan to eliminate the requirement for
ground floor retail, in order to make development less risky for developers, and to perhaps
incentivize more developers coming in.
Deputy Mayor Ramirez and Councilmember Castaneda returned to the dais at 7:00 p.m.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
There were none.
9. MAYOR'S REPORTS
A. Wildlife Advisory Group Selections
Resource Conservation Representative: Betsy Cory and Robert Coleman (alternate)
Northwest Representative: Edwazd Pieters and Ernest Jimenez (alternate)
East Representative: Leticia Ayala
Southwest Representative: Lucas DeLeon
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OTHER BUSINESS (Continued)
ACTION: Mayor Cox moved to appoint Betsy Cory, Robert Coleman, Edwazd Pieters, Ernest
Jimenez, Leticia Ayala, and Lucas DeLeon as representatives to the Wildlife
Advisory Group. Councilmember Bensoussan seconded the motion and, it carried
5-0.
B. Appointment of Deputy Mayor
ACTION: Mayor Cox moved to appoint Councilmember Castaneda as Deputy Mayor.
Councilmember Bensoussan seconded the motion.
ACTION: Councilmember Castaneda offered a substitute motion for the re-appointment of
Deputy Mayor Ramirez as Deputy Mayor. Councilmember Aguilar seconded the
motion and it carried 4-0-1, with Deputy Mayor Ramirez abstaining.
C. Appointment of Member and Alternate to the Metropolitan Transit System Boazd of
Directors (MTS)
The following members of the public spoke in favor of the appointment of Jerry Rindone as
Member of the Metropolitan System Boazd of Directors:
• Joe Gotcher, San Diego resident, President/Business Agent, ATU 1309, who also spoke
in favor of the appointment of Councilmember Castaneda as Alternate Member of the
Metropolitan Transit System Board.
• Steve Alcove, San Diego resident, representing ATU 1309
• Nathan Johnson, San Diego resident, representing Bus Drivers Union, who also spoke in
favor of the appointment of Councilmember Castaneda as Alternate Member of the
Metropolitan Transit System Board.
• Evan McLaughlin, San Diego resident
• Bob Bliss, Chula Vista resident, representing Chula Vista Chamber of Commerce
• Scott Vinson, Chula Vista resident, representing Chamber of Commerce, who also spoke
in favor of the appointment of Councilmember Castaneda as Alternate Member of the
Metropolitan Transit System Board.
• Lisa Cohen, Chula Vista resident, representing Chamber of Commerce
• Peter Watry, Chula Vista resident
• Chris Lewis, Chula Vista resident, who also spoke in favor of the appointment of
Councilmember Castaneda as Alternate Member of the Metropolitan Transit System
Board.
Jerry Rindone, Chula Vista resident, requested that the Council consider his re-appointment as
Member of the Metropolitan Transit System Board, and Councilmember Castaneda as Alternate.
Councilmember Castaneda spoke about his experience in mass transit. He stated that he would
officially forgo any stipend from MTDB, that the funds be placed back in to costs of providing
service, pending review of that by the FPPC, thereby providing him the ability to vote on this
item.
Page 8 - Council/RDA Minutes January ] 1, 2011
OTHER BUSINESS (Continued)
City Attorney Googins explained the results of the research undertaken by the City Attorney's
Office. He referred to a private letter ruling from the Fair Political Practices Commission about
a prospective appointee who waived their stipend and had no other personal financial effects in
the appointment, which allowed them to participate in the appointment process.
ACTION: Deputy Mayor Ramirez moved to appoint Councilmember Steve Castaneda as
Member of the Metropolitan Transit System Board of Directors. Councilmember
Aguilar seconded the motion.
ACTION: Councilmember Bensoussan offered a substitute motion to appoint Jerry Rindone
as Member of the Metropolitan Transit System Board of Directors. Mayor Cox
seconded the motion. The motion failed 2-3, with Councilmembers Aguilar and
Castaneda and Deputy Mayor Ramirez opposed.
Discussion ensued among the Council regazding Councilmember Castaneda's participation in the
appointment process for the appointment of Metropolitan Transit System Boazd Member and
Alternate, with the suggestion by Deputy Mayor Ramirez for Council consideration of its full
support for the appointment of Councilmember Castaneda, so he may recuse himself from voting
on the appointment in order to collect a stipend.
Councilmember Castaneda suggested that the Council move forwazd with his ability to vote, and
that he would work with the City Attorney for an official opinion by the Fair Political Practices
Commission (FPPC), and that he would decline the stipend until a decision was received from
the FPPC.
ACTION: The main motion by Deputy Mayor Ramirez to appoint Councilmember
Castaneda as Member of the Metropolitan Transit System Board of Directors
carried 5-0.
ACTION: Councilmember Castaneda moved to appoint Deputy Mayor Ramirez as Alternate
to the Metropolitan Transit System Board. Councilmember Aguilaz seconded the
motion.
ACTION: Mayor Cox offered a substitute motion to appoint Jerry Rindone as Alternate on
the Metropolitan Transit System Boazd. Deputy Mayor Ramirez seconded the
motion, and it carried 5-0.
D. Appointment of Port Commissioner
The following members of the public spoke in support of the appointment of Stephen Padilla as
Port Commissioner:
Evan McLaughlin, San Diego resident, representing San Diego Labor Council
Sharon Clousazd, San Diego resident, representing San Diego Port Tenants Association
Page9 -Council/RDA Minutes January 11,2011
OTHER BUSINESS (Continued)
• Bob Bliss, Chula Vista resident, representing Chula Vista Chamber of Commerce
• Mitch Thompson, Chula Vista resident
• Lisa Cohen, Chula Vista resident, representing Chula Vista Chamber of Commerce
• Laura Hunter, National City resident, representing Environmental Health Coalition
• Daniel Rottenstreich, San Diego resident, representing Unite Here
• Ken Seaton-Msemaji, National City resident, representing Sheet Metal Loca1206, did not
speak, but submitted a speaker slip in support of the appointment of Stephen Padilla.
Peter Watry, Chula Vista resident, spoke in support of the appointment of Ann Moore as Port
Commissioner.
ACTION: Councilmember Castaneda moved to appoint Ann Moore as Port Commissioner.
Mayor Cox seconded the motion.
ACTION: Councilmember Bensoussan offered a substitute motion to appoint Stephen
Padilla as Port Commissioner. Deputy Mayor Ramirez seconded the motion, and
it failed 2-3, with Councilmembers Aguilaz and Castaneda, and Mayor Cox
opposed.
ACTION: The main motion by Councilmember Castaneda to appoint Ann Moore as Port
Commissioner can•ied 4-1, with Councilmember Bensoussan opposed.
10. COUNCILMEMBERS' COMMENTS
Deputy Mayor Ramirez reported on his recent Public Office Hours meeting at Civic Center
Library on the topic of the Fire Departrnent staffing model and of cost savings opportunities. He
suggested for the future, Council consideration of formation of an Ad Hoc Committee to perform
a comprehensive look at executive compensation levels for the City.
Deputy Mayor Ramirez suggested having the City Attorney return to the Council with updated
information on the new role of the Boazd of Ethics, as a result of action by the Council to adopt
Ordinance No. 3179, amendment to the City's Campaign Contribution Ordinance. City Attorney
Googins responded that staff would address the matter.
ADJOURNMENT
At 8:47 p.m., Mayor/Chair Cox adjourned the meeting in memory of Chester DeVore, long time
Southwestern College President and active community member, to the City Council and RDA
adjourn to their next regulaz meetings on Januazy 18, 2011, at 4:00 p.m., in the Council
Chambers.
Lorraine Bennett, CMC, Senior Deputy City Clerk
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