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HomeMy WebLinkAboutcc min 2004/03/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 23, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:03 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items 1 through 2) Item Number 2 was pulled at the request of staff and considered as an Action Item. 1. APPROVAL OF MINUTES of March 2, 2004. Staff recommendation: Council approve the minutes. ACTION: Councilmember Rindone moved to approve staff's recommendation and offered the Consent Calendar Item 1, heading read, text waived. Councilmember McCann seconded the motion, and it carried 5-0. ORAL COMMUNICATIONS There were none. PUBUC HEARINGS 3. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE, REGULATING ACCESSORY SECOND DWELUNG UNITS, TO GIVE THE DIRECTOR OF PLANNING AND BUILDING THE AUTHORITY TO WAIVE THE GARAGE PARKING REO UlREMENT FOR NONCONFORMING RESIDENTIAL USES SEEKING TO ADD AN ACCESSORY SECOND DWELUNG UNIT Adoption of the ordinance amends the regulations for accessory second dwelling units to allow the Director of Planning and Building to waive the two-car garage requirement for certain properties when it would detract from the character of the neighborhood. (Director of Planning and Building) PUBUC 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. Mayor Padilla opened the public hearing. Principal Planner Schmitz presented the proposed Municipal Code amendment and noted that the amendment was in response to Council's direction in January 2004, when the new standards were adopted for accessory second dwelling units. Nancy Estolano asked if the 850-square-foot limit included the garage as well as the second living unit. Mr. Schmitz clarified that the 850-square-foot limit was for living area only. With no other members of the public wishing to speak, Mayor Padilla closed the public hearing. Councilmember Rindone stated that the addition of a second unit without a garage would denigrate the neighborhood and result in vehicles always being parked on the street. Councilmember Davis pointed out that some historic homes on the west side of Chula Vista do not have a two-car garage but do have ample space for on-site parking. To require the addition of a garage could alter the historic site. She believed that that Planning staff would be able to look at proposed sites and decide which ones would warrant an exception without infringing on the neighborhood. Councilmember McCann stressed the importance of requiring additional parking space when units are added but indicated that he would be willing to waive the garage requirement for houses that have been designated as historic. Councilmember Rindone expressed concern that a historic house might lose its designation if a granny flat were built on the property. Planning Director Sandoval indicated that each case would have to be considered individually, since there may be some historic houses that could add a granny flat and still continue to maintain its historic character. Deputy Mayor Salas stated that the Mills Act allows changes in the square footage of a house and the addition of garages, as long as it does not alter the architectural integrity of the house. She also mentioned that there were areas of Chula Vista that would never be designated as historic, but the lots are such that the parking spaces are located behind the house and not are visible from the street. In addition, she pointed out that when this item was last discussed, the Council's intent was to allow flexibility for Planning staff in considering additions to make determinations based on individual lot features and the character of the neighborhoods. Mayor Padilla clarified that the intent of the ordinance was not to relax the general standard as it applies to the addition of secondary units, but to allow a level of flexibility to the staff when it is warranted by the circumstances. Councilmember Rindone spoke with reference to parking located behind a primary unit, stating that while the parking may not be visible from the street, it is undesirable for surrounding neighbors to view an open field with parking places. He also stated that he would not want staff to be in a position where exceptions to the requirements could appear to be arbitrary. He believed that the construction of a substantial unit should require sheltered parking. Page 2 - O>uncil Minutes March 23, 2004 -- ----~ ~---------- PUBUC HEARINGS (Continued) Principal Planner Schmitz clarified that the proposal would only allow the Planning Director to waive the two-car garage requirement if warranted, not necessarily the on-site parking requirement. Councilmember McCann emphasized the need to protect the integrity of the zoning codes, and he said he would not want to see investors purchasing houses, adding secondary units, and then using the property for rental purposes. Additionally, homeowners wishing to invest in a secondary dwelling unit should make sure that the primary unit is in compliance with the code. Councilmember McCann moved to approve alternative language to allow the waiver of a garage requirement only for historic homes with a historic designation. The motion failed for lack of a second. Mayor Padilla requested that staff address Councilmember McCann's concerns regarding code compliance. Principal Planner Schmitz explained that if someone applied for a building permit, the Planning Department would analyze the site to make sure that the existing property and structure could be brought up to code. Councilmember Davis stated that it was important for staff to have the flexibility to determine that there is enough on-site parking. She added that requiring a two-car garage would not assure that vehicles would be parked in the garage. Councilmernber McCann asked if a single-family dwelling requires a two-car garage. Planning Director Sandoval responded affirmatively. Councilmember McCann stated that requiring a garage would then protect the integrity of the code. He also believed that if a secondary unit is added to the property, the primary unit should be brought up to code first. Mayor Padilla re-opened the public hearing for the purpose of hearing a member of the audience who wished to speak. Terri Plummer pointed out that Chula Vista Municipal Code Title 19 has a provision that allows for conditional use permits and variances when a change is desired that does not conform to the law. Those cases could be heard by the Planning Commission, and each case could be decided on its own merit. City Attorney Moore stated that although variances are provided, required findings must be made. The proposed ordinance is different; it is not a variance from a condition but allows the Planning Director flexibility if one of three criteria are met. Nancy Estolano stated that certain exceptions should be addressed, such as when a second-story grant flat was not feasible but there was not enough space for both a detached granny flat and a garage. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Councilmember Salas noted that the ordinance specifies a floor-area-ratio that prevents secondary units from being crowded into an area where there is insufficient room. She also noted that since there are not very many lots in Chula Vista large enough to include secondary units, there would not be a plethora of granny flats. Page 3 - O>uncil Minutes March 23, 2004 PUBLIC HEARINGS (Continued) ACTION: Councilmember Davis moved to place the ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE The motion carried 3-2, with Councilmembers McCann and Rindone opposed. Councilmember McCann requested that staff come back in six months with a report that reflects the number of applications that have been submitted. 4. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 2579, RELATING TO INTERIM PRE-SR 125 DEVELOPMENT IMPACT FEE (Continued from March 16, 2004) In 1994, the Interim Pre-SR 125 Development Impact Fee (SR-125 DIF) was established to ensure that sufficient funds would be available to construct a contingent north-south transportation corridor should the SR-125 freeway not be constructed by CalTrans or not be constructed in time to serve impending development. With financing now secured, environmental constraints addressed, and construction underway for SR-125, City staff recornmends that the fee be tolled. Staff also recommends that the ordinance be amended to allow transportation capacity enhancement improvements to be funded from fees already collected for SR-125 DIF. (Director of General Services, City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was opened on the date and at the time specified in the notice. Mayor Padilla announced that the public hearing was previously opened at the meeting of March 16, 2004, and he asked if there were members of the public wishing to speak. There was no response. ACTION: Councilmember Davis moved to continue the public hearing to April 6, 2004. Councilmember McCann seconded the motion, and it carried 5-0. ACTION ITEM (pulled from the Consent Calendar for consideration as an action item) 2. RESOLUTION NO. 2004-093, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $686,400,000 AGGREGATE PRINCIPAL AMOUNT OF INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS OF THE CITY OF CHULA VISTA TO REFUND CERTAIN BONDS ISSUED BY THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO TO FINANCE COSTS OF CERTAIN ELECTRIC FACILITIES FOR SAN DIEGO GAS & ELECTRIC COMPANY, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND A LOAN AGREEMENT PROVIDING FOR THE ISSUANCE OF THE BONDS AND THE REPAYMENT OF THE LOAN PROCEEDS THEREOF, RESPECTIVELY, AND RELATED MATTERS Page 4 - O>uncil Minutes March 23, 2004 ----- --~ ---- --~ ACTION ITEM (Continued) The City authorized, pursuant to its Charter and Chapter 3.48 of the Municipal Code, assistance in the financing and refinancing utility facilities. The Municipal Code provides that the City may issue revenue bonds payable exclusively from the revenues derived from such utility facilities in order to provide funds to ffiance or refinance such facilities. (Director of Finance) Finance Director Kachadoorian presented the proposed resolution and introduced Dean Crittle, Bond Counsel from Orrick, Herrington & Sutcliffe, LLP; Marylynn Burke, Director of Corporate Finance from Sempra; and Senior Assistant City Attorney Googins, who were available to answer any questions. Mr. Crittle explained that adoption of the resolution would approve refunding the outstanding industrial development bonds issued in 1992 by the cities of Chula Vista or San Diego. The proposal would result in interest rate savings based on today's lower interest rates. Councilmember Rindone asked for a comparison of the interest rate in 1992, when the bonds were issued, to present rates. Ms. Burke responded that the bonds were issued at different rates, but the highest interest rate bonds were at fIXed rates ranging from 6.1 to 6.4, compared with today's rates, if fIXed to the bonds' maturity, in the mid-5-point range. Director Kachadoorian asked the Council to consider Exhibits A and B as part of the bond documents. ACTION: Councilmember Davis offered Resolution No. 2004-093, heading read, text waived. The motion carried 5-0. Mayor Padilla recessed the Council Meeting at 6:51 p.m. to convene the joint meeting of the City Council and the Redevelopment Agency. The Council meeting reconvened at 8:22 p.m. with all Councilmembers present. OTHER BUSINESS 5. CITY MANAGER'S REPORTS City Manager Rowlands announced that subsequent to the joint meeting scheduled for March 30, 2004, the next joint meeting with the Board of Port Commissioners will be held Tuesday, May 25, 2004 at 9:00 a.m. for presentation of alternative plans for the Chula Vista Bayfront Master Planning Process. 6. MAYOR'S REPORTS There were none. 7. COUNCIL COMMENTS Councilmember McCann recognized the Bonita Vista High School Band for being selected as the representative for the State of California at the unveiling of the World War II memorial over Memorial Day weekend. Page 5 - O>uncil Minutes March 23, 2004 OTHER BUSINESS (Continued) Councilmember McCann also encouraged the public to attend and participate in the Council workshop on Thursday, March 25, 2004 at 4:00 p.m., regarding the prioritization of funding for projects in the JOBS Housing Balance Incentives Grant Program. The workshop will be held at the Police Department's Community Meeting Room. Councilmember Rindone referenced the City's publication regarding volunteer opportunities and announced the phone number to call for further information. He suggested that the City publicize these volunteer programs by way of mailers and television media. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen Googins Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance ADJOURNMENT At 8:27 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on March 25, 2004 at 4:00 p.m. at the Police Department Community Room, thence to an Adjourned Regular Meeting with the Board of Port Commissioners on March 30, 2004, at 4:00 p.m., in the Council Chambers, and thence to the Regular Meeting of April 6, 2004, at 4:00 p.m. in the Council Chambers. J~J(;~ Donna Norris, Assistant City Clerk Page 6 - O>uncil Minutes March 23, 2004 ------ - -- ----- ___n- ------- -----~-----