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HomeMy WebLinkAboutrda min 2011/01/11 cc SpecialMINUTES 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:OS 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 share 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 Noms 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 Page 1 -Council/RDA Minutes 7anaary 1l, 20] 1 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 award 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 Cazes. 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 Calendaz for sepazate 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. 2. 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 Calendar. 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. Page 2 -Council/RDA Minutes January 11, 201 I CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendaz Items 1, 3, 5, headings read, text waived. Councilmember Castaneda seconded the motion, and it carved 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 carved 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 transpazent 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) Willard Howard, 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 14, 2010) (Assistant City Manager/Development Services Director) Notice of the heazing was given in accordance with legal requirements, and the heazing 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 Aguilar 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 regard 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 areas, excluding office and retail development except the Otay Valley Redevelopment Project Area. Page 5 - Council/RDA Minutes January 11, 201 I ACTION ITEMS (Continued) The following members of the public spoke in support of staff s recommendation: Georgie Stillman, Chula Vista resident Jay Norris, 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 Mazy 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 azeas. 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 Aguilar opposed, and Deputy Mayor Ramirez and Councilmember Castaneda abstaining. ACTION: Councilmember Aguilar 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 - Counci]/RDA Minutes January 11, 201 I 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 staff's 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 Aguilar 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 carried 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 charging. 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: Edward Pieters and Ernest Jimenez (alternate) East Representative: Leticia Ayala Southwest Representative: Lucas DeLeon Page 7 -Council/RDA Minutes January 11, 2011 OTHER BUSINESS (Continued) ACTION: Mayor Cox moved to appoint Betsy Cory, Robert Coleman, Edwazd Pieters, Emest Jimenez, Leticia Ayala, and Lucas DeLeon as representatives to the Wildlife Advisory Group. Councilmember Bensoussan seconded the motion and, it carved 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 Aguilaz 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 Board 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 Boazd. Jerry Rindone, Chula Vista resident, requested that the Council consider his re-appointment as Member of the Metropolitan Transit System Boazd, 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 11, 2011 OTHER BUSINESS (Continued) City Attomey 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 forward 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 Shazon Clousard, San Diego resident, representing San Diego Port Tenants Association Page 9 -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 Local 206, 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 carried 4-1, with Councilmember Bensoussan opposed. 10. COUNCILMEMBERS' COMMENTS Deputy Mayor Ramirez reported on his recent Public Office Hows meeting at Civic Center Library on the topic of the Fire Department 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 January 18, 2011, at 4:00 p.m., in the Council Chambers. Lorraine Bennett, CMC, Senior Deputy City Clerk Page ]0 -Council/RDA Minutes January 1 ], 2011