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HomeMy WebLinkAboutcc min 2004/01/27 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 27, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE A moment of silence was observed in memory of former Mayor Will Hyde. SPECIAL ORDERS OF THE DAY CONSENT CALENDAR (Items 1 through 6) 1. APPROVAL OF MINUTES of December 9 and 16, 2003, and January 6 and 13, 2004. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2004-027, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR THE CORRUGATED METAL PIPE (CMP) REHABIliTATION PROGRAM - D STREET, FREDERICKA MANOR, AND TWIN OAKS CIRCLE (pROJECT DR-163), AND TRANSFERRING $42,453 FROM PROJECT STL-255 TO PROJECT DR-163 As part of the City's ongoing program to repair or replace corrugated metal drainage pipe prior to failure, staff has identified certain local drainage pipes that are corroding and in need of rehabilitation. This project will re-line drainage facilities in the subject area. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2004-028, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR THE CORRUGATED METAL STORM DRAIN PIPE REPLACEMENT ON VARIOUS STREETS (pROJECT DR-161) 5. 6A. CONSENT CALENDAR (Continued) As part of an ongoing citywide program to replace corrugated metal drainage pipe throughout the City, staff has identified a number of storm drain facilities, primarily in the Montgomery area, which are deteriorated and in need of replacement. This project removes and replaces those drainage facilities. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-029, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A 20-FOOT-WIDE UTIliTY EASEMENT TO SAN DIEGO GAS & ELECTRIC AS NEEDED FOR THE OTAY LAKES ROAD UNDERGROUND CONVERSION PROJECT (LY-033), ACROSS CITY-OWNED OPEN SPACE PROPERTY LOCATED ON THE WEST SIDE OF OTAY LAKES ROAD, SOUTH OF BONITA ROAD, AND AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENT On May 1, 2002, San Diego Gas & Electric submitted a letter requesting a permanent easement along Otay Lakes Road, south of Bonita Road, over City-owned open space property. The easement is needed to install a new steel power pole and underground utilities related to the Otay Lakes Road underground conversion project (L Y-03). (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. RESOLUTION NO. 2004-030, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, APPROVING A FIRST AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MAY PLANNING SERVICES FOR PROFESSIONAL SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE CITY'S PURCHASING AGENT TO EXECUTE THE AMENDMENT In May 2003, the City entered into a contract with May Planning Services to provide assistance in the General Plan update by working on several area-wide background studies and the draft General Plan document. Preparation of the draft General Plan will continue through March 2004, and this amendment extends the contract through this time horizon. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C) (FIRST READING) Page 2 - Council Minutes 01/27/2004 CONSENT CALENDAR (Continued) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE BA YFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN REALm AND SAFETY CODE SECTION 33333.6(E)(2)(C) (FIRST READING) California Senate Bill 1045 allows the Council to extend by one year the duration of the effectiveness and time limit to collect tax increment revenue. Adoption of the ordinances amends the plans for the Merged Chula Vista and Bayfront/Town Centre I Redevelopment Plans. (Director of Community Development) Staff recommendation: Council place the ordinances on first reading. ACTION: Mayor Padilla moved to approve staff's recommendations and offered the Consent Calendar, headings read texts waived. The motion carried 5-0 on Item 1, except for the minutes of December 16, 2003, which carried 4-0-1 with Deputy Mayor Salas abstaining due to her absence from the meeting; 5-0 on Items 2 through 5; 3-0-2 on Item 6A, with Councilmembers Rindone and McCann abstaining due to the proximity of their properties to the project; and 4-0-1 on Item 6B, with Deputy Mayor Salas abstaining due to the proximity of her residence to the project. ORAL COMMUNICATIONS There were none. PUBliC HEARINGS 7. CONSIDERATION OF A PROPOSAL TO AMEND SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE REGULATING ACCESSORY SECOND DWELliNG UNITS TO INCREASE THE MAXIMUM SIZE liMIT, MODIFY THE ON-SITE PARKING REQUIREMENTS AND CLARIFY THE REQUIREMENTS FOR PROPERTIES WITH NON-CONFORMING USES Adoption of the proposed ordinance amends the regulations for accessory second dwelling units to allow larger units without impacting surrounding neighborhoods and to clarify the requirements for properties with non-conforming uses that seek to add a second unit. (Director of Planning and Building) 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 Padilla opened the public hearing. Principal Planner Schmitz presented the proposed amendments, stating that the proposal had also been presented to the Planning Commission, which expressed serious concerns about the impact of accessory second dwelling units on existing neighborhoods and recommended against the increase in size limit. The Planning Commission did recommend, however, the adoption of the added parking space for two-bedroom units and the language relating to non-conforming uses. Page 3 - Council Minutes 01/27/2004 PUBliC HEARINGS (Continued) Planning Commissioner O'Neill spoke in opposition to the proposed increase in square footage, stating that western Chula Vista would feel the brunt of the proposed additional units, and the proposed amendment would essentially eliminate the Rl designation. He believed that 650 square feet would be ample for an accessory unit. Mayor Padilla asked what the practical impact of the difference between the 650 and 1,000 square feet. Mr. O'Neill responded that 1,000 square feet essentially provides for a three-bedroom home. It would impact on-street parking, and vehicles would be parked on lawns and in driveways due to double rental situations. He did not believe that an accessory unit required three bedrooms. He added that there is no control over who utilizes the secondary dwelling units and no guarantee that either the primary or secondary unit would be owner-occupied. Damon Goodrich, a resident of the west side, agreed with the comments by Mr. O'Neill, adding that single-family dwellings would be eliminated in the area. Larry Hayes believed that vehicles would not be parked in garages; rather, garages would be utilized for storing household items or recreational vehicles. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Councilmember Davis stated that there should be flexibility with regard to parking requirements and that she could not support the requirement for a two-car garage. She believed that one parking space for up to two bedrooms would suffice. She also believed that 650 square feet was insufficient for an accessory unit, citing the difficulty for a disabled individual to navigate small rooms. She suggested increasing the square footage to 900 and limiting the number of bedrooms to two. Councilmember Rindone agreed that 650 square feet was too small and suggested increasing the square footage to up to 900. He stated that if an accessory unit were added, a two-car, covered garage should be required, but he suggested giving staff flexibility in cases where the current lot is not wide enough to accommodate a two-car garage. Deputy Mayor Salas stressed the importance of enforcing requirements to preserve the character of neighborhoods and believed that 800 to 900 square feet was sufficient. She stated that people should not be permitted to build an accessory unit simply as a source of income, since the regulations are designed to address the growing housing needs and affordability of the community. Councilmember McCann cautioned against eliminating the R-l designation and stated that 900 square feet would suffice and also provide the necessary room to accommodate persons with special needs. He also stated the importance of ensuring that accessory units are brought up to code. Page 4 - Council Minutes 01/27/2004 PUBliC HEARINGS (Continued) Mayor Padilla asked about non-conforming issues and code compliance. Planning & Building Director Sandoval responded that the entire site would have to comply with zoning code standards. Assistant Planning & Building Director Remp explained the distinction between the zoning code and building code requirements, stating that the building code specifically requires compliance with the standards that were imposed at the time of construction of a facility. Mayor Padilla stated that he was satisfied with the code compliance language, and, with regard to the parking mitigation requirements, he suggested that staff come back with some flexibility in the language. Principal Planner Schmitz proposed adding general language regarding the parking issue and suggested that if the existing house was historic, or if the required parking was not consistent with the neighborhood character, that the Planning Director have the authority to waive one space or the two-car garage. ACTION: Councilmember Rindone moved to place the following ordinance on first reading, heading read, text waived, as amended to change the maximum square footage to 850; to accept the language that addresses non-conforming structures and uses, with staff to return with language providing administrative flexibility from the requirements of Municipal Code Section 19.22.170 that would require two-car garages; and to modify the parking language to require two on-site parking spaces for units with three or more bedrooms: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE, REGULATING ACCESSORY SECOND DWELliNG UNITS, TO INCREASE THE MAXIMUM SIZE liMIT, MODIFY THE ON-SITE PARKING REQUIREMENTS AND CLARIFY THE REQUIREMENTS FOR PROPERTIES WITH NON-CONFORMING USES (FIRST READING) The motion carried 4-1, with Councilmember Davis voting no due to her concern about the parking requirements. BOARDS AND COMMISSION RECOMMENDATION 8. CHARTER REVIEW COMMISSION RECOMMENDATION REGARDING THE CAMPAIGN CONTRIBUTION ORDINANCE SCHEDULED FOR CITY COUNCIL REVIEW ON FEBRUARY 3, 2004 At a regular meeting of the Charter Review Commission held January 12, 2004, a motion was passed to support the ordinance as drafted by the Campaign Contribution Committee and to have the ordinance take effect prior to the November 2004 special election. The commission further recommends that the candidates for the City's elective offices be invited to review the proposed Ordinance upon its adoption by Council. Page 5 - Council Minutes 01/27/2004 BOARDS AND COMMISSION RECOMMENDATION (Continued) Harriet Acton, Chair of the Charter Review Commission, asked the Council to consider maintaining the contribution limit at $250 rather than raising it to $500. She stated that the request was made on behalf of the public. Commissioner Crosier spoke in support of the Charter Review Commission's recommendation. ACTION: Mayor Padilla moved to accept the Commission's written communication. Councilmember McCann seconded the motion, and it carried 5-0. ACTION ITEMS 9. CONSIDERATION OF APPROVAL OF A RESOLUTION RESCINDING COUNCIL POliCY NO. 505-01, RELATING TO THE CITY'S PARTICIPATION IN THE 1911 BLOCK ACT PROGRAM PROCEEDINGS AND ESTABliSHING A COUNCIL POliCY FOR THE FORMATION OF ASSESSMENT DISTRICTS WITH CITY PARTICIPATION FOR CONSTRUCTION OF INFILL STREET IMPROVEMENTS; AND AN ORDINANCE MODIFYING CERTAIN PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913, THE SPECIAL ASSESSMENT, INVESTIGATION, liMITATION AND MAJORITY PROTEST ACT OF 1931 AND THE ELECTIONS CODE Over the past ten years, the City has formed, or begun formation proceedings on, five assessment districts under the 1911 Block Act. It is anticipated that several new assessment districts will be formed within the next two years under the western Chula Vista infrastructure financing program. It is desirable to clarify various issues regarding district formation and the City's participation prior to commencement of the formation of these districts. (Director of General Services, City Engineer) Councilmember Rindone expressed concern with the requirement that property owners have to unanimously agree to dedicate the necessary right-of-way and suggested that the Council consider a requirement for the consent of at least 90% instead. City Engineer Al-Agha suggested that the paragraph regarding right-of-way issues could be removed in its entirety and that right- of-way issues could be addressed on a case-by-case basis. Deputy Mayor Salas and Councilmember McCann both commented that the right-of-way process would assist the City in expediting infrastructure to the residents. Mayor Padilla asked why the unanimity language was placed in the proposed policy. General Services Director Griffin responded that the primary motivations were to encourage neighborhoods to get their petitions together in an expedient manner and avoid delays over right- of-way issues. Councilmember Davis believed that the language should remain as proposed. Deputy Mayor Salas cautioned that a mechanism needed to be in place to release liens in an expedited manner in order for owners to refinance or remodel their homes. Page 6 - Council Minutes 01/27/2004 ACTION ITEMS (Continued) ACTION: Deputy Mayor Salas offered Resolution No. 2004-031 for adoption and the Ordinance for first reading, headings read, texts waived: A. RESOLUTION NO. 2004-031, RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABliSHING A COUNCIL POliCY FOR FORMATION OF ASSESSMENT DISTRICTS WITH CITY PARTICIPATION FOR CONSTRUCTION OF INFILL STREET IMPROVEMENTS AND RESCINDING COUNCIL POliCY 505-01, PARTICIPATION BY THE CITY OF CHULA VISTA IN 1911 BLOCK ACT PROGRAM PROCEEDINGS B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING CERTAIN PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913, THE SPECIAL ASSESSMENT, INVESTIGATION, liMITATION AND MAJORITY PROTEST ACT OF 1931 AND THE ELECTIONS CODE The motion carried 4-1, with Councilmember Rindone voting no. 10. REVIEW OF PROPOSED SOUTHWEST AREA GENERAL PLAN ALTERNATIVES TO BE TESTED On January 14,2004, the Council held a joint meeting with the Planning Commission at which staff presented a range of proposed General Plan land use alternatives to be tested. Those alternatives were divided into three major planning sub-areas: Northwest, East/Otay Ranch, and Southwest. Due to time constraints, the three proposed alternatives within the Southwest area were not addressed at that time but continued to this date. (Director of Planning and Building) Principal Planner Bazzel presented three proposed alternatives. Deputy Director of Planning Batchelder then presented the Planning Commission's comments from the joint Council!Planning Commission meeting on January 14, 2004, including West Fairfield as a possible high school location, Broadway revitalization and mixed uses, and a more active Main Street corridor. Councilmember McCann questioned the purpose of maintaining a small portion of residential zoning surrounded by industrial use on one of the alternatives. Mr. Bazzel responded that the residents in the area have expressed an interest in retaining their long-time households. Councilmember McCann commended staff for looking at the opportunity for a high school site in the PQ designation and asked whether staff had considered other, more centralized locations for a high school. Mr. Batchelder replied that staff would be working with the school district during the testing of the alternatives to determine the necessity of another high school in the western region. Deputy Mayor Salas commented that the multi-family units in the neighborhoods should be accessible to recreational areas and pocket parks. Page 7 - Council Minutes 01127/2004 ACTION ITEMS (Continued) Mayor Padilla asked about a greater limitation on industrial uses adjacent to open space. Mr. Bazzel responded that the area along the river that is proposed for change is currently zoned for industrial, with a large component being the Hanson Aggregate site. He added that there might be future opportunities to scale back the industrial uses with the phasing out of the Hanson site. He also suggested that staff could write a policy to go with that area that would suggest appropriate buffering and types of uses, given sensitivities in the area. Mayor Padilla expressed the need for an option that looks at placing industrial more northerly in order to increase the greenbelt area. ACTION: Councilmember Davis moved to direct staff to proceed with testing the proposed alternatives. Councilmember McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Rowlands announced that the Council meeting of March 9, 2004, was cancelled due to the Council's attendance at the National League of Cities conference in Washington D.C. 12. MAYOR'S REPORTS Mayor Padilla spoke regarding the recent passing of former Mayor Will Hyde, stating that Mayor Hyde personified selfless service to the community, was a well known educator and an active member of the community, and was a teacher to both his (Mayor Padilla's) parents. Mayor Padilla conveyed his condolences to the Hyde family and announced that a formal memorial would be conducted on Saturday. He also suggested that the Council consider incorporating Mayor Hyde's name into the name of Friendship Park. A. ACTION: B. ACTION: c. ACTION: Discussion regarding the reappointment of Steve Jones to the California Integrated Waste Management Board. Mayor Padilla moved to approve the reappointment of Steve Jones to the California Integrated Waste Management Board. Councilmember Rindone seconded the motion, and it carried 5-0. Ratification of appointment of Angel Rosario to the Safety Commission. Mayor Padilla moved to appoint Angel Rosario to the Safety Commission. Councilmember McCann seconded the motion, and it carried 5-0. Ratification of appointment of Min-Jeong Go to the Youth Commission. Mayor Padilla moved to appoint Min-Jeong Go the Youth Commission. Councilmember McCann seconded the motion, and it carried 5-0. Page 8 - Council Minutes 01/27/2004 OTHER BUSINESS (Continued) D. Report on status of Economic Development Commission. ACTION: It was the consensus of the Council to suspend the operation of the Economic Development Commission until the redevelopment structure issues have been addressed, at which time the Council may decide on the Commission's composition and future role. E. Discussion of MSCP sub-area plan. Mayor Padilla said he would provide a written report regarding the recent Conference of Mayors in Washington D.C., where he met with the Assistant Secretary of the Interior regarding the policy of the Fish and Wildlife Service with regard to the MSCP implementing agreement. He stated that the meeting resulted in a commitment from the Assistant Secretary to work directly with the City of Chula Vista to seek ways to arrive at agreeable language to move forward with the project. 13. COUNCIL COMMENTS Deputy Mayor Salas: Consideration of placing a memorial in Friendship Park in honor of former Mayor and Councilmember Will Hyde. Deputy Mayor Salas stated that Mayor Hyde touched everyone, was a mentor who exemplified the upstanding conduct of a political leader, and will be greatly missed. She stated that the idea to memorialize Mr. Hyde came from the collective community, and she suggested the formation of an ad hoc committee to establish an appropriate memorial for Mayor Hyde. Councilmember Rindone talked about Mayor Hyde's endless service to the community. He stated that Mayor Hyde was his mentor, supported his service on various City boards and commissions, and encouraged him to run for the Council. Mayor Hyde was a person who made a difference and who will be well remembered as an outstanding human being. Councilmember Davis expressed her condolences to the Hyde family. She stated that Mayor Hyde was a good leader and mentor, and that she experienced the fortunate opportunity of touring the White House with Mayor and Mrs. Hyde. Councilmember McCann conveyed his condolences to the Hyde family. He talked about his many discussions with Mayor Hyde during his precinct walks while running for Council. He supported the idea of providing an appropriate memorial for Mayor Hyde. ADJOURNMENT At 9:05 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of February 3, 2004, at 4:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on February 3, 2004 at 6:30 p.m., in the John Lippitt Public Works Center, located at 1800 Maxwell Road. ~ w~'tLfLc~ S'üsan Bigelow, CMC, City Clerk Page 9 - Council Minutes 01127/2004