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HomeMy WebLinkAboutcc min 2004/06/23 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 23, 2004 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 9:02 p.m. in the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla (Councilmember McCann arrived at 9:06 p.m.) ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow 1. ORDINANCE NO. 2968, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A COMMUNITY CHOICE AGGREGATION PROGRAM IN ACCORDANCE WITH CALIFORNIA PUBLIC UTILITIES CODE SECTIONS 218.3, 331.1, 366, 366.2, 381.1, 394, AND 394.25, ALLOWING THE CITY OF CHULA VISTA, ACTING AS THE MUNICIPAL ENERGY UTILITY, TO AGGREGATE THE ELECTRICAL LOAD OF ELECTRICITY CONSUMERS WITHIN THE CITY At its June 8, 2004 meeting, the Council approved staffs recommendation to begin to implement a phased approach to the Municipal Energy Utility (MEU) business models recommended by the MEU Feasibility Study, which included Community Choice Aggregation. At that time, the Council also directed staff to return with an ordinance for its review and consideration declaring the Chula Vista MEU a Community Choice Aggregator (CCA). This ordinance was introduced at the Regular Meeting of June IS, 2004. (Assistant City Manager Morris) ACTION: Mayor Padilla offered Ordinance No. 2968 for adoption, heading read, text waived. The motion carried 4-0, with Councilmember McCann absent. 2. CONSIDERATION OF A REPORT REGARDING THE PROPOSED GROWTH MANAGEMENT WORK PROGRAM (Continued from June 15,2004) On May 27, 2004, the City's growth management consultant, Walter Kieser, from Economic and Planning Systems, Inc., presented a White Paper with options regarding the City's growth management program. Based on the Council's response, a proposed work program has been prepared. (Director of Planning and Building) Planning and Building Director Sandoval reported on the proposed work program. -_.~_..__.._~--------_.._.._-----_._.__.__.._.- GROWTH MANAGEMENT WORK PROGRAM (Continued) Kim Kilkenny, representing Otay Ranch Company, suggested improvements to the work program, including further evaluation of I) the process by which the City monitors growth and its impacts so as to better anticipate potential problems; 2) broadening the remedies that are available should the City anticipate a potential problem; and 3) ensuring that the feedback loop between the monitoring and the remedies is being actively enforced on an on-going basis. He stated that Otay Ranch would support a referral to staff to establish criteria and techniques to exercise additional management controls over development. Mayor Padilla asked the City Attorney to clarifY the restrictions or limitations on the City's authority or ability to regulate the rate of development through the Public Facilities Financing Plan (PFFP) process. City Attorney Moore explained that there are several ways for the City to control the rate of development, namely: I) through a legislative action that would require that evidence be placed on the record prior to adoption of the legislation by the Council that shows that the Council has not acted in an arbitrary or capricious fashion; 2) utilizing the PFFP, SPA Plan, and Tentative Maps that are discretionary decisions that would require the City to establish a nexus between threshold controls being placed on a project to show justification for that, typically done through an environmental impact report; and 3) through an agreement between the City and developers. Peter Watry, representing Crossroads II, encouraged the Council to follow deliberate and measured steps towards monitoring the issuance of permits and to do so through the legislative process. Theresa Acerro expressed the need to modifY the threshold standards. She believed that the pace of growth in the City was affecting the quality of life, and she suggested a one to three-year limitation on growth. Councilmember Rindone affirmed that the three options explained by the City Attorney were available to the Council, should the need arise. City Attorney Moore clarified that the City does not currently have adequate language in its General Plan or growth control ordinance to authorize the controlled rate of development. She explained that it was staffs understanding, from action taken by the Council at a previous meeting, that the concept of having a broad system to control the rate of development through a legislative action was to be removed from consideration. In that case, the City would have what it currently has, which is a monitoring system that allows the Council to enact a moratorium if there is a threshold violation, or the City could place conditions on the discretionary entitlements, which would require the establishment of a nexus on a project-by-project basis. Deputy Mayor Salas spoke in favor of monitoring growth in a consistent manner and of an analysis of financial impacts on the City and developers as a result. Councilmember Davis stated that she would be willing to study tools available to the Council, should a point be reached when the growth management ordinance is violated, but she would not favor implementing caps. Page 2 - Council Minutes 06/23/04 GROWTH MANAGEMENT WORK PROGRAM (Continued) Mayor Padilla stated that the City needs to have the ability to choose a system where the bar is as low as possible, should the need arise to make choices regarding the rate of growth or threshold standards. Councilmember McCann spoke about the need to look at a proactive system for various infrastructure projects, to obtain quarterly reports, and to work collaboratively to resolve issues. He opposed harming any revitalization efforts on the west side of the City and supported continuing to bridge the gap between east and west, looking at the City as a whole, and including all stakeholders in the process. ACTION: Councilmember McCann moved to accept the report as amended to direct staff and the consultant to add to the scope of work a system that addresses the rate of development within the eastern portion of the City and that recognizes that there are economic and physical impacts of development to the City. The motion carried 3-2, with Councilmembers Rindone and Davis voting no. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 10.24 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of July 13,2004, at 6:00 p.m. in the Council Chambers. ~~?~ Susan Bigelow, MMC, City Clerk Page 3 - Council Minutes 06/23/04 --------~------_._---~--- -------------- - ----- --------.