HomeMy WebLinkAboutcc min 2007/05/01
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
May 1, 2007
4:00 P.M.
A regular meeting of the City Council of the City ofChula Vista was 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: Councilmembers: Castaneda (arrived at 4:54 p.m.), McCann, Ramirez,
Rindone, and Mayor Cox
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk
Bigelow, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE - Rebecca Leister, the International Friendship Commission.
City Clerk Bigelow administered the oath, and Deputy Mayor Rindone presented Ms. Leister
with a certificate of appointment.
. INTRODUCTION BY MARIA KACHADOORIAN, FINANCE DIRECTOR, OF THE
EMPLOYEE OF THE MONTH, JAY HARRIS, PROCUREMENT SPECIALIST
Finance Director Maria Kachadoorian introduced the employee of the month, Jay Harris. Mayor
Cox read the proclamation, and Deputy Mayor Rindone presented it to Mr. Harris.
. INTRODUCTION BY POLICE CHIEF EMERSON OF PEACE OFFICERS: JACOB
BOOHER, ROSIO GARDEA, ALBERT GARZA, JAIME GOMEZ, SCOTT HALL,
MANUEL PADILLA, AND AMY PLETSCHER
Police Chief Emerson introduced the newly hired peace officers.
. PRESENTATION OF A PROCLAMATION BY MAYOR COX, PROCLAIMING
MAY 6 THROUGH MAY 12,2007 AS NATIONAL NURSES WEEK IN THE CITY
OF CHULA VISTA
Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Public Information
Officer Bernard Gonzales.
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION OF A PROCLAMATION BY MAYOR COX TO ROY JENNESS,
EXALTED RULER AND GARRY HUMMEL YOUTH ACTIVITY CHAIRMAN, OF
CHULA VISTA ELKS LODGE NO. 20II, PROCLAIMING THE WEEK OF MAY 7,
2007 AS YOUTH WEEK
Mayor Cox read the proclamation, and Councilmember McCann presented it to Mssrs. Jennes
and Hummel.
· PRESENTATION OF A PROCLAMATION BY MAYOR COX TO BRAD REMP,
ASSISTANT DIRECTOR OF BUILDING AND HOUSING, DECLARING MAY 6
THROUGH 12,2007 AS BUILDING SAFETY WEEK
Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Assistant Planning
and Building Director Brad Remp and Senior Development Technician Bernice Gonzalez.
· PRESENTATION OF A PROCLAMATION BY MAYOR COX TO JERAMIE
BROWN, PROJECT MANAGER WITH SANDAG, DECLARING THE WEEK OF
MAY 14 THROUGH MAY 18,2007 AS BIKE TO WORK WEEK IN THE CITY OF
CHULA VISTA
Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Jeramie Brown.
CONSENT CALENDAR
(Items I through 15)
Mayor Cox announced that Items 3, 6 and 14 would be removed from the Consent Calendar for
discussion at the request of staff and members of the public; and Item 7 would be removed from
the agenda and continued to the meeting of May 15,2007.
I. APPROVAL OF MINUTES of the Special Meeting of March I, 2007, the Adjourned
Regular Meeting of March 26, 2007, and the Regular Meeting of March 27, 2007.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 3067, ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM IS-06-005, AMENDING THE
ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY
REZONING THREE PARCELS LOCATED AT 778, 780, 790, 792, 794, 808, AND 812
ADA STREET FROM R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE
PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING
PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE
PARCELS (SECOND READING)
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May 1, 2007
CONSENT CALENDAR (Continued)
Adoption of the ordinance approves a re-zone from R-2-P, One and Two Family
Residential Zone with a Precise Plan Modifying District, to an R-3-P, Apartment
Residential Zone with a Precise Plan Modifying District, and an amendment to the
Precise Plan Modifying District to establish development standards for the project site,
such as modified building heights and building setbacks, First reading of the ordinance
was held on April 24, 2007. (Planning and Building Director)
Staff recommendation: Council adopt the ordinance.
3. Item 3 was removed from the Consent Calendar for discussion.
4. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTIONS 2.16.010
THROUGH 2.16.050 OF THE CHULA VISTA MUNICIPAL CODE IN THEIR
ENTIRETY, ADDING NEW SECTIONS 2.16.010 AND 2.16.020 PERTAINING TO
THE RECREATION DEPARTMENT AND ADOPTING A NEW CHAPTER 2.15
PERTAINING TO THE LIBRARY DEPARTMENT (FIRST READING)
Chapter 2.16 of the Municipal Code currently provides for a Library and Recreation
Department, which has evolved into two separate departments. Adoption of the proposed
ordinance establishes the Recreation Department and the Library Department, and
assigns duties and responsibilities to their Directors. (City Clerk)
Staffrecommendation: Council hold first reading ofthe ordinance.
5. RESOLUTION NO. 2007-098, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $39,682 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES AND
SUPPLIES BUDGET TO FUND UNANTICIPATED COSTS FOR THE NOVEMBER
7, 2006 SPECIAL MUNICIPAL ELECTION AND FOR SERVICES OF THE
REGISTRAR OF VOTERS TO EXAMINE SIGNATURES ON TWO PETITIONS
(4/5THS VOTE REQUIRED)
Due to increased costs associated with conducting the November 7, 2006 Special
Municipal Election and the unanticipated services required of the Registrar of Voters to
validate signatures on two petitions, it is necessary to appropriate $39,682 from the
available balance in the general fund to the City Clerk's supplies and services budget.
(City Clerk)
Staffrecommendation: Council adopt the resolution.
6. Item 6 was removed from the Consent Calendar for discussion.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A CHANGE ORDER REQUESTED BY MCMILLIN LAND
DEVELOPMENT ASSOCIATED WITH STORM DRAIN FACILITIES
CONSTRUCTED IN BIRCH ROAD WITHIN THE SRI25 RIGHT-OF-WAY
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May 1,2007
CONSENT CALENDAR (Continued)
McMillin Land Development has submitted a payment request for reimbursement in the
form of transportation development impact fee (TD IF) credits for the construction of
storm drain facilities in Birch Road within the SR-125 right-of-way. The change order
total of $302,206.19 is above the $50,000 limit and, therefore, requires Council approval.
Adoption of the resolution approves the TDIF change order for the construction of the
storm drain facilities and the reimbursement to McMillin in the form of TDIF credits.
(Acting Assistant City Manager/City Engineer)
Staff recommendation: Continue the item to May 15, 2007.
8. RESOLUTION NO. 2007-100, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS
AND APPROVING A FIFTH AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, INC., FOR THE
PROVISION OF ADDITIONAL ENVIRONMENTAL AND ENGINEERING
SERVICES REQUIRED FOR THE COMPLETION OF THE AUTO PARK SEWER
LINE (A COMPONENT OF THE SALT CREEK TRUNK SEWER PROJECT), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
The Council approved a contract with Dudek & Associates for environmental and
engineering services for the Salt Creek and Wolf Canyon gravity sewer interceptors. The
contract was previously amended to complete the design and construction of these
projects. Adoption of the resolution approves an additional amendment necessary to
complete the remaining portion of the Auto Park sewer line. (Acting Assistant City
Manager/City Engineer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2007-101, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE BID REQUIREMENTS, APPROVING THE
STAR-NEWS AS THE NEWSPAPER OF GENERAL CIRCULATION FOR THE
PUBLICATION OF ALL LEGAL NOTICES AND OTHER MATTERS REQUIRED
TO BE PUBLISHED BY THE CITY, AND APPROVING THE USE OF
ALTERNATIVE PUBLICATIONS AS NECESSARY
In December 2006, a request for bid was issued and sent to six publications. Responses
were received from The Star-News and La Prensa San Diego. The Star-News was the
only newspaper adjudicated as a newspaper of general circulation for Chula Vista, and is
currently the only publication that meets City Charter requirements to be approved as a
newspaper of general circulation for Chula Vista. (Finance Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2007-102, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING AND APPROVING THE BORROWING
OF FUNDS FOR FISCAL YEAR 2007-2008, THE ISSUANCE AND SALE OF A
2007-2008 TAX AND REVENUE ANTICIPATION NOTE THEREFOR, AND
PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW
FINANCING PROGRAM
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CONSENT CALENDAR (Continued)
In order to better manage cash flow issues projected in the General Fund during Fiscal
Year 2007/2008 due to the timing of receipt of some major revenue sources, it is
recommended that the City again take advantage of the opportunity to borrow short-term
money at a low cost by issuing a tax and revenue anticipation note through the pooled
financing program sponsored by the California Statewide Communities Development
Authority (Finance Director)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION NO. 2007-103, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REJECTING BIDS FOR THE "FUEL TANK
REPLACEMENT AT THE JOHN LIPPITT PUBLIC WORKS CENTER, IN THE CITY
OF CHULA VISTA CALIFORNIA (GG-187)" PROJECT
The Director of General Services received sealed bids for the "Fuel Tank Replacement at
the John Lippitt Public Works Center in the City ofChula Vista, CA (GG-187)" project.
The work consists of the removal and replacement of two 20,000-gallon fuel tanks,
including demolition, labor, material, equipment, and transportation necessary to
complete the project. Based on the bids received, there was not enough funding to move
forward. Adoption of the resolution rejects the bids. (General Services Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2007-104, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
AND BARNEY & BARNEY LLC FOR BENEFIT BROKER AND CONSULTING
SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
The City has been contracting with Mercer Health and Benefits (Formerly Marsh Risk &
Insurance Services) to provide benefits brokering and consulting services. With the
rapidly changing area of employee benefits, it is of increasing importance that the City
employ the services of the most innovative and proactive firm to assist in "state-of-the-
art" plan design changes, alternative funding arrangements, and long term cost control. A
request for proposals for broker/consultant services was issued, seven proposals were
received and evaluated, and staff is recommending that Barney & Barney LLC be
retained. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2007-105, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS
TASK FORCE'S SELECTION OF THE FISCAL YEAR 2007/2008 PERFORMING
AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT
AWARDS TOTALING $40,500
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CONSENT CALENDAR (Continued)
In 1997, the Council approved a sublease with Live Nation, Inc. (formerly Universal
Concerts) that established a process whereby a portion of ticket sales proceeds at the
Coors Amphitheater would be paid to the City and utilized for a performing and visual
arts fund. This fund is to be used for arts grants to the Chula Vista community for the
purpose of promoting and stimulating the growth of performing and cultural arts within
the City. This year, the Office of Arts & Culture received $36,188 from Live Nation for
its 2006 concert series, and there was a carry-over balance of an additional $4,500 from
the 2006/2007 grant cycle as a result of a returned grant award. (Assistant City
Manager/Library Director)
Staff recommendation: Council adopt the resolution.
14. Item 14 was removed from the Consent Calendar for discussion.
15. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.44.010
ADDING PROVISIONS FOR A CONDITIONAL USE PERMIT FOR RACES AND
RACE TRACKS FOR VEHICLES WITH INTERNAL COMBUSTION ENGINES
(FIRST READING)
An inconsistency exists between Municipal Code Chapter 5.44.010, which states that it is
unlawful to hold races on a race track for vehicles propelled by internal combustion
engines, and Chapter 19.54.020.1.7, which provides that establishments or enterprises
involving large assemblages of people or automobiles, such as race tracks and rodeos,
defined as amusement and entertainment facilities, may be permitted through a
conditional use permit. Amending Chapter 5.44.010 to add a final sentence stating an
exception for races on a racetrack with the approval of a conditional use permit would
correct the inconsistency. (Planning and Building Director)
Staff recommendation: Council hold first reading of the ordinance.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendations and offered
Consent Calendar Items 1, 2, 4, 5, 8 through 13, and 15, headings read, texts
waived. Councilmember McCann seconded the motion, and it carried 4-0, with
Councilmember Castaneda absent.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. ORDINANCE NO. 3068, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 17 OF THE CHULA VISTA MUNICIPAL CODE BY
AMENDING SECTIONS 17.24.040 AND 17.24.050, AND ADDING SECTION
17.24.060 REGARDING NOISY AND DISORDERLY CONDUCT (SECOND
READING)
Loud party calls to the Police Department from citizens have increased steadily as the
City has grown. Adoption of the ordinance amends Chula Vista's current Municipal
Code dealing with noisy and disorderly conduct so as to provide officers with the
necessary tools, citations, and cost recovery to deal with this growing problem. First
reading of this ordinance was held on April 24, 2007. (Police Chief)
Staff recommendation: Council adopt the ordinance.
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ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
Mike Spethman expressed concern that the proposed ordinance might be excessively punitive,
since a single phone call from a resident to the Police Department could result in a waming to the
alleged violator that if the police had to return a second time, the noisemaker would be
confiscated. He requested clarification from staff on the matter. Captain Hunter responded that
police officers have discretion, and the intent of the proposed ordinance is to streamline the
process so that neighbors in a surrounding area do not have to listen to loud, disturbing music for
two hours or more before anything could be done about it.
Parks Pemberton stated that he would like to see something done uniformly, that existing laws
should be enforced, and that a second call to the Police Department for disturbances should result
in a $500 fine. He encouraged everyone to err on the side of peace, and suggested that people
hosting outdoor parties send letters to inform neighboring residents in advance.
Kevin O'Neill questioned whether or not the Police Department would respond to calls related to
noisemakers such as radio stations that park their busses in grocery parking lots or public
announcement systems at high school football games. Captain Hunter responded affirmatively,
stating that police officers have to take action that is reasonable and doable in a given situation,
and 11 calls are prioritized.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and adopt
Ordinance No. 3068, heading read, text waived. Councilmember McCann
seconded the motion, and it carried 4-0.
6. RESOLUTION NO. 2007-099, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ANNUAL ACTION PLAN FOR
FISCAL YEAR 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME), AMERICAN
DREAM DOWNPAYMENT (ADDI) AND THE EMERGENCY SHELTER GRANT
(ESG) PROGRAMS, AUTHORIZING TRANSMITTAL OF 2007-2008 ANNUAL
ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS
TO FUND THE ANNUAL ACTION PLAN IN THE FISCAL YEAR 2007-2008
PROPOSED BUDGET, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
PROJECT CONTRACTS FOR FISCAL YEAR 2007-2008 BETWEEN THE CITY OF
CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENTS BETWEEN
THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Adoption of the resolution finalizes the 2007/2008 spending plan for the Community
Development Block Grant, Home Investment Partnership Act and Emergency Shelter
Grant Programs, and appropriates the funds. (Acting Community Development
Director)
Staff recommendation: Council adopt the resolution.
Dr. James Johnson, representing Meals on Wheels, thanked the Council for its support and
thanked Mayor Cox for her recent participation in delivering meals to seniors and attending a
related media engagement.
Rosemary Johnston, representing Interfaith Shelter Network, thanked the Council for its support.
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ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendation and offered
Resolution No. 2007-099, heading read, text waived. Councilmember McCann
seconded the motion, and it carried 5-0.
14. RESOLUTION NO. 2007-106, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE REPORT ON THE OTAY RANCH
EASTERN URBAN CENTER (EUC) SECTIONAL PLAN AREA (SPA) PLAN'S
COMPLIANCE WITH THE GENERAL PLAN EASTERN DISTRICT FRAMEWORK
STRATEGY OBJECTIVES AND POLICIES
The report provided an analysis of the Eastern Urban Center (EUC) Sectional Plan Area
(SPA) plan and its compliance with the objectives and policies of the General Plan
Eastern District Framework Strategy. The purpose of staffs analysis was to ensure that
all the necessary components of the framework strategy were addressed, and to obtain
any direction on the matter prior to completing the SPA processing. (Planning and
Building Director)
Staff recommendation: Council adopt the resolution.
Todd Galarneau, representing McMillin, presented the proposed Eastern Urban Center SPA plan.
Councilmember McCann asked staff and the applicant to continue working collaboratively on
the park design element for the project.
ACTION:
Councilmember McCann moved to approve staffs recommendation and offered
Resolution No. 2007-106, heading read, text waived. Deputy Mayor Rindone
seconded the motion, and it carried 5-0.
PUBLIC COMMENTS
Parks Pemberton spoke about the City's future plans and reinforced the need to include the
"small people" on the west side who live in trailer parks and who have little choice with where
they can go, stating that without the people in Chula Vista, the City's character would be lost.
He also suggested consideration of placing mobilehome parks on the east side of the City.
Christine Avilla, a resident who lives near the Save-a-Lot Grocery Store at 1301 Third Avenue,
spoke about the many homeless people who loiter in front of the Replanet Recycling Center,
located on the grocery store lot, and who discard drugs and paraphernalia, defecate and urinate,
beg, steal, and who are permitted by the grocery store to park their vehicles overnight on the lot.
She asked the Council for assistance on the matter and requested the lease for the recycling
center not be renewed. Mayor Cox referred the matter to staff. Councilmember Castaneda asked
staff to review the lease for the Replanet store.
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May], 2007
PUBLIC HEARINGS
16. CONSIDERATION OF PROPOSED AMENDMENTS TO CHULA VISTA
MUNICIPAL CODE SECTION 19.58.022 ADDING AND MODIFYING
REGULA TIONS FOR ACCESSORY SECOND DWELLING UNITS WITHIN THE
CITY
The Planning Commission reviewed and made recommendations on a draft ordinance
amending Municipal Code Section 19.58.022 that would add new regulations and modify
some existing regulations for accessory second dwelling units on lots zoned for single-
family residential use. (Planning and Building 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.
Principal Planner Schmitz gave a report and presentation on the proposed second dwelling unit
ordinance amendment.
At 6:09 p.m., Mayor Cox announced a recess. The meeting reconvened at 6:23 p.m., with all
members present. Mayor Cox then announced that Item 18 would be taken out of order and
considered at this time. Item 16 was continued at 6:30 p.m.
Mayor Cox opened the public hearing.
Mike Spethman spoke in support of the proposed ordinance but urged the Council to consider
owner occupancy; the fact that the proposed ordinance is overly cumbersome; a critical need for
affordable housing in the northwest area of the City; and the need for the primary residence to
conform to the new amenities of the accessory dwelling units.
Mitch Thomson spoke with reference to unit size, stating that 450 square feet is not very
serviceable and would promote tenant turnover. Regarding occupancy requirements, he
suggested that the matter be referred back to staff to look at ways to address emergency
situations, such as military duty. Regarding access and parking, he suggested that those units
with adequate side yards could be located at the rear of the property and not require a garage. He
also suggested that screening could be comprised of a remote-controlled gate.
Peter Watry spoke in support of the proposed ordinance, and encouraged the Council to retain
the requirement that the owner of the property reside on the property on which the accessory
dwelling unit is located or constructed.
Deputy Mayor Rindone requested staff to come back with clarification as to whether or not a
change of ownership for property with an accessory dwelling unit would require that the new
owner reside in one of the dwelling units.
Frank Luzzaro presented the Council with a list of proposals that currently exist in the accessory
dwelling unit ordinance for the City of Santa Cruz, which included a notice of application to
adjoining neighbors; a site plan that included adequate open space and landscaping; windows
facing adjoining residential property designed to protect the privacy of neighbors; a two-parking-
space requirement for two bedroom dwellings; the required occupancy of the owner in one of the
dwelling units; and enforcement of the legal lot size to accommodate secondary dwelling units.
He asked the Council to save the integrity of the R-I neighborhoods.
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May I. 2007
PUBLIC HEARINGS (Continued)
Susan Luzzaro expressed the importance of protecting the R-I neighborhoods and spoke III
support of owner occupancy and noticing requirements.
Suzarme Santos referred to an example used in staff's presentation of a 10- foot parking
allowance on the side of an accessory dwelling unit, stating that assuming a wall or fence existed
to separate the neighbors, residents parking their vehicles in this area would be unable to open
their vehicle doors, thereby creating associated parking issues.
Pamela Bensoussan, representing the Northwest Civic Association, spoke in support of the
original staff recommendations and in opposition to the Plarming Commission recommendations.
She requested that the owner occupancy component be retained, stated that it was important to
value historical neighborhoods and preserve their character, and expressed concern with allowing
three-bedroom units that could end up as mini-dorms. She recommended that a two-bedroom
limit be considered. She also spoke in favor of an attached accessory dwelling unit requirement
for smaller lots.
Jerry Scott spoke in support of the proposed ordinance that would include the owner occupancy
requirement.
Councilmember Castaneda spoke of the importance of preserving the sanctity of the single-
family neighborhoods. He then spoke in support of the proposed ordinance that would include
the owner occupancy requirement.
At 7:07 p.m., Councilmember Castaneda armounced that he would be leaving the meeting. He
left the dais and did not return.
Viviane Marquez said she believed that many of the proposed ordinance requirements would
create further obstacles for those who wished to add accessory dwelling units. She encouraged
the Council to look at the ordinance and consider what would really protect the R-I
neighborhoods and what would be just another arbitrary restriction on fulfilling what the state is
hoping for, which is to provide more affordable housing.
Tim Siewert expressed opposition to the 50 percent existing dwelling unit requirement and
allowable based on lot size.
Kevin O'Neill believed there would be associated problems with the owner occupancy
requirement and that the true issue was how accessory dwelling units fit in a neighborhood. He
spoke in support of the requirement for one parking space per bedroom and maintaining an
architectural style compatible with the neighborhood. He suggested that the item be continued
and direction given to staff to look at crafting something that would be a disincentive for
speculative builders and a source of affordable housing.
David Waller referred to a section of the proposed ordinance he believed suggested that by
building an attached or detached accessory dwelling unit, the primary residence must comply
with existing codes; and he expressed concern that the owner occupancy requirement would
require residents to sell their homes should they be unable to meet the requirement. He
suggested staff look at the provisions to ensure that they meet the intent.
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May 1, 2007
PUBLIC HEARINGS (Continued)
Harold West expressed concern about the excessive amount of detail and regulations for
accessory dwelling units that have no compromise. He suggested that compliance standards
include requirements for new curbs, gutters and sidewalks to match the architecture of the
primary dwelling unit only when worthwhile, and that the Design Review Committee review the
projects, which he believed would solve many problems.
Fred Cowles spoken in support of the oy.mer occupancy requirement and urged the Council to
follow most of the recommendations and changes proposed by the Planning Commission and
staff, including OV.'ller occupancy.
There being no further speakers, Mayor Cox closed the public hearing.
Deputy Mayor Rindone asked staff to review the following issues and bring them back for
further discussion: I) notice of application to neighbors; 2) 10-foot parking space is too small; 3)
reduce the cap from 850 to 750 square feet; 4) the proposed regulations are excessive; 5) the
OV.'ller occupancy requirement, and 6) slope requirements.
The Council and staff further discussed the following issues raised by members of the public:
state requirements, notice of applications, the concept of attached and detached accessory
dwelling units, access and parking, gated screen and remote controlled gate, percentage of
existing house and lot size, unintended consequences of a 450 square-foot unit, matching the
accessory unit to the existing unit, and occupancy requirements.
ACTION:
Deputy Mayor Rindone moved to place the following ordinance on first reading
with the following amendments: I) amend the section C2 table to allow 650
square-foot units on lots with buildable pad areas of between 5,000 and 9,999
square feet, and reduce the maximum unit size from 850 square feet to 750 square
feet on all lots with buildable pad areas greater than 10,000 square feet; 2) amend
section C3 to require the second unit to be attached on lots between 5,000 and
7,000 square feet; 3) add a requirement for OV.'ller occupancy at the time a
building permit is applied for, and continuously thereafter, but grant authority to
the zoning administrator to suspend the occupancy requirement for a period of not
to exceed five years under four specific criteria; and 4) bring back a status report
from the Planning Commission on activity regarding second dwelling units in 12
and 18 months.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE,
ADDING AND MODIFYING DEVELOPMENT STANDARDS FOR
ACCESSORY SECOND DWELLING UNITS (FIRST READING)
Mayor Cox seconded the motion, and it carried 4-0.
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ACTION ITEMS
17. CONSIDERATION OF ACCEPTANCE OF THE 2005 GREENHOUSE GAS
EMISSIONS INVENTORY, AND DIRECTION TO STAFF TO RECONVENE A
CLIMATE CHANGE WORKING GROUP
Since the 1990's, the City has been engaged in addressing climate change through its
carbon dioxide reduction plan. The plan was created with the assistance of a 24-member
task force, and included a baseline assessment of 1990 greenhouse gas emission levels
and a list of 20 actions that the City could undertake to help reach its goal of 80% of 1990
emission levels by 2010. Eighteen of the plan's measures have been implemented to date
by various City departments. The 2005 greenhouse gas emissions inventory is the first
formal review of the City's progress in reducing emissions from both municipal
operations and the broader community. (Conservation & Environmental Services
Director)
Environmental Resource Manager Reed presented the staff report. Director of Conservation and
Environmental Services Meacham spoke about staffs recommendation to create a climate
change working group.
Councilmember McCann asked staff to work with the Mayor's Office to select members for the
working group, and that the full Council ratify the appointment of the selected members.
Councilmember Ramirez stated that it was important to achieve the goals of the program. He
asked staff to request the working group to give special attention to the Urban Core Specific Plan
and its ability to affect greenhouse gas emissions.
ACTION:
Councilmember Ramirez moved to adopt Resolution No. 2007-107, heading read,
text waived.
RESOLUTION NO. 2007-107, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005
GREENHOUSE GAS EMISSIONS INVENTORY AND DIRECTING
STAFF TO RECONVENE A CLIMATE CHANGE WORKING GROUP
Councilmember McCann seconded the motion, and it carried 4-0.
18.
CONSIDERATION OF FUNDING TRANSFERS
REHABILITATION AND MAINTENANCE
FOR
PAVEMENT
The City Council previously adopted a resolution endorsing continued implementation of
a pavement management system. Adoption of this resolution allows the consolidation of
available pavement funding into one capital improvement project in order to maximize
the application of available funding and paving activities for the remainder of the
calendar year. (Acting Assistant City Manager/City Engineer)
Item No. 18 was actually heard prior to Item No. 16.
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ACTION ITEMS (Continued)
Deputy Mayor Rindone stated he would abstain from discussion and voting on this item due to
the proximity of his property to certain areas of the reconstruction project. He then left the dais.
Councilmember Ramirez asked staff to come back with a report on the long-term public outreach
component of the project.
ACTION:
Mayor Cox moved to adopt Resolution No. 2007-108, heading read, text waived.
RESOLUTION NO. 2007-108, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING
$4,504,665 FROM THE CURRENT PAVEMENT APPROPRIATION,
$2 MILLION FROM THE AVAILABLE BALANCE IN THE NORTH
BROADWAY BASIN RECONSTRUCTION PROJECT (STM354),
AND $5 MILLION FROM THE AVAILABLE BALANCE IN THE
FOURTH A VENUE RECONSTRUCTION BETWEEN DAVIDSON
AND SR54 PROJECT (STL309), FOR A TOTAL OF $11,504,665, INTO
THE PAVEMENT REHABILITATION PROGRAM - FUTURE
ALLOCATIONS (STL238) FOR PAVEMENT MAINTENANCE IN
FISCAL YEAR 2007/2008, AND PRELIMINARY APPROVING
TRANSNET FUNDING OF APPROXIMATELY $6 MILLION AND
ANTICIP A TED PROPOSITION B FUNDING OF APPROXIMA TEL Y
$3.5 MILLION FOR PAVEMENT REHABILITATION PROGRAM -
FUTURE ALLOCATIONS (STL238) FOR PAVEMENT
MAINTENANCE IN FISCAL YEAR 2008
Councilmember Castaneda seconded the motion, and it carried 4-0-1, with Deputy
Mayor Rindone abstaining.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
There were none.
20. MAYOR'S REPORTS
A. Consideration of approval of the Council Legislative Subcommittee's
recommendations with regard to the City's Boards and Commissions.
Mayor Cox reviewed the recommendations of the Council legislative subcommittee with regard
to the City's Boards and Commissions.
Councilmember Ramirez suggested that applicants for the Growth Management Oversight
Committee (GMOC) be interviewed by the full Council. Mayor Cox recommended that the
GMOC be pulled from the list of recommendations at this time and that staff come back with a
report regarding the GMOC member nomination process.
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OTHER BUSINESS (Continued)
ACTION:
Mayor Cox moved to accept the Legislative Committee's report and
recommendations with the exception of Item No. 11, Growth Management
Oversight Commission, which will be considered at a future date; and to permit
the Youth Commission to continue meeting until further notice. Councilmember
McCann seconded the motion, and it carried 4-0-1, with Councilmember
Castaneda absent.
Mayor Cox asked Interim City Manager Thomson to convey her personal gratitude to the staff of
the Community Development Department on their extraordinary work regarding the Urban Core
Specific Plan. She also welcomed the assistance of the legislative subcommittee or a member of
the Council to meet with the Community Development Department as staff begins to look at the
process for the Southwest Specific Plan.
21. COUNCIL COMMENTS
Deputy Mayor Rindone congratulated the Third A venue Village Association (T A V A) on the
success of the recent Cinco de Mayo celebration, and he requested that a letter of appreciation be
sent to T A V A on behalf ofthe City.
Councilmember McCann concurred with the comments by Deputy Mayor Rindone.
Councilmember Ramirez commented on the Chula Vista Redevelopment Corporation meeting fn
April 26, 2007, regarding the Urban Core Specific Plan, stating that it was difficult for him to
place his vote next to something that did not meet his quality expectation. He welcomed the
opportunity to come back and address the following issues: development exception; non-
existence of transportation development impact fee funding; allocation of park space; parking
standards; health hazard standards association with freeway emissions; residential energy code
requirements; greater protection for R-l neighborhoods; retail vs. office uses; and special district
requirements.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
22. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
ADJOURNMENT
At 10:21 p.m., Mayor Cox adjourned the meeting to the regular meeting of May 15, 2007, at
6:00 p.m. in the Council Chambers, and announced that the workshop of May 3 and the regular
meeting of May 8, 2007 were canceled.
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Lorraine Bennett, CMC, Deputy City Clerk
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