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HomeMy WebLinkAboutcc min 2007/04/26 CVRC/RDA MINUTES OF THE REGULAR MEETINGS OF THE CHULA VISTA REDEVELOPMENT CORPORATION (CVRe), REDEVELOPMENT AGENCY AND ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA April 26, 2007 6:00 P,M, Regular Meetings ofthe Chula Vista Redevelopment Corporation and Redevelopment Agency of the City of Chula Vista, and Adjourned Regular Meeting of the City Council were called to order at 6:09 p,m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. CVRC ROLL CALL PRESENT: Directors: Desrochers, Lewis, McCann, Paul, Ramirez, Rooney, Rindone, and Chair Cox ABSENT: Directors: Castaneda (excused) CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Council/Agency Members: McCann, Ramirez, Rindone, and Mayor/Chair Cox ABSENT: Council/Agency Members: Castaneda (excused) ALSO PRESENT: Interim Executive Director/City Manager Thomson, General Counsel/ City Attorney Moore, Acting Community Development Director/Secretary Hix, Planning Manager Ladiana, Redevelopment Project Manager Crockett, Senior Community Development Specialist Tapia, Senior Community Development Specialist Do PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE I. APPROVAL OF MINUTES Staff recommendation: a. That the Chula Vista Redevelopment Corporation approve the minutes of March 22, 2007. ACTION: Director Desrochers moved approval of the Minutes of March 22,2007. Director McCann seconded the motion. Director Ramirez requested additional time to review the minutes to clarify comments prior to approval. Consensus of the CVRC was to continue the minutes to a future meeting. Page I - CVRC/RDAlCC Minutes http://,,,'V{W .chulavi staca. gov April 26,2007 PUBLIC HEARINGS 2. CONSIDERATION BY THE CHULA VISTA REDEVELOPMENT CORPORATION, CITY OF CHULA VISTA REDEVELOPMENT AGENCY AND CITY OF CHULA VISTA CITY COUNCIL OF THE URBAN CORE SPECIFIC PLAN (PCM NO. 07-01) AND RELATED REZONING ACTIONS The proposed UCSP consists of a neighborhood level planning document that provides new zoning regulations, development standards and design guidelines to implement land use designations, policies and objectives of the 2005 General Plan for the area described above, associated amendments to the Town Centre I Redevelopment Plan and implementing documents, and certification of a Final Environmental Impact Report. General Counsel/City Attorney Moore stated for the record that by advisory letter A-03-232 dated December 12, 2003, Legal Counsel for the Fair Political Practices Commission advised the Chula Vista City Attorney's Office that Councilmember Rindone, who owns residential property within the Urban Core Specific Plan, would be able to apply the public generally exception of the Political Reform Act to allow him to vote on the plan even with his financial interest in property within the plan area. The public generally exception applies because the plan effects a significant segment of the property owners in this City, defined as 10% or more of all property owners or 5,000 property owners, in substantially the same manner as it would effect the Councilmember. Issue number two, Councilmember McCann owned rental property within 500 feet of the study area of the Urban Core Specific Plan, which he sold on February 23, 2005. By assistance letter 1-05-058 dated April 15, 2005, the General Counsel Office of the Fair Political Practices Commission advised that Councilmember McCann would continue to have economic interest from his previous tenant and from the purchaser of the property for 12 months. That time has now passed, and the City Attorney is aware of no other financial interest that would prohibit his participation in the decision-making regarding the plan under the Political Reform Act. Chairwoman/Mayor Cox announced that an interpreter was available for any Spanish-speaking citizens in need of assistance. Senior Community Development Specialist Tapia made the announcement in Spanish. Vice ChairmanlDeputy Mayor Rindone inquired of General Counsel/City Attorney Moore as to whether Director/Agency/Councilmember Castaneda who also owned property had received a reply from the Fair Political Practices Commission. General Counsel/City Attorney Moore responded that Mr. Castaneda had received a letter that stated that based upon the property he owned, the public generally exception applied and he would be able to vote. ChairwomanlMayor Cox explained how the process of the meeting would be held. Acting Community Development Director Hix provided a video of the proposed Urban Core Specific Plan, narrated by Mark Brodeur, Urban Planner. She stated that this was an opportunity to begin actually implementing the General Plan that was adopted over a year ago, in December of 2005. She provided a brief PowerPoint presentation and noted that the Urban PUBLIC HEARINGS (continued) Core Specific Plan (UCSP) creates the brand new zoning, design tools and regulations that would start making the General Plan a reality in Chula Vista. She indicated the proposed UCSP was better due to all of the citizen input gathered along the way, as well as professional staff input. Changes were made along the way but were not being recommended at this time, as they will be brought back as amendments in the future after additional analysis. This would apply to the changes recommended by the Planning Commission. Ms. Hix then provided the concept of the Life Cycle of a community. She spoke of the underutilization of commercial space on the Westside and the housing stock, which is outdated, noting that the General Plan acknowledged the need for redevelopment on the Westside and the use of the UCSP tools to implement the General Plan. Extensive public participation has been included throughout the process and will continue to be utilized as projects go forward. Acting Community Development Director Hix then introduced Mark Brodeur, Director of Urban Revitalization with Downtown Solutions. Mr. Brodeur stated he had written the Downtown Specific Plans for the cities of Coronado, Encinitas, Escondido and Temecula and was hopeful that Chula Vista would be as successful as these cities were. He then provided an overview of the public participation process, which included over 70 public meetings for the General Plan, followed by workshops for the UCSP, and highlighted the changing mobility paradigms; F Street; updated zoning for the New General Plan; UCSP zoning subdistricts; updated zoning; user friendly language and graphic illustrations and charts; neighborhood transition combining districts; design guidelines to ensure quality per the people involved in the hearings; village district themes; urban form along Third Avenue; parking drives building form; housing choices, and the promotion of a mix of active ground floor uses. Planning Manager Ladiana provided other guiding principals in design of the Urban Core Specific Plan (UCSP), and revised the environmental process/issues related to the UCSP. Jim Musback, Principal at EPS specializing in urban redevelopment and how to use public/private investment, provided an overview of his firms Public Facilities Implementation Analysis and responded to questions of the Council. Acting Community Development Director Hix stated that upon implementing the UCSP, individual projects would continue to undergo the design review process through the Redevelopment Advisory Committee, the Environmental Secondary Study and the CVRC or Design Review Committee, and would continue to have ongoing checks and balances. In summary, what was presented was a comprehensive rezone to implement the 2005 General Plan, which would encourage private market investment, and generate critical funding for public facilities and infrastructure. Ms. Hix then outlined the recommendations presented to the CVRC, City Council and Redevelopment Agency, and summarized the considerations in the initial report that were not being recommended for implementation at this time due to public input and the need for additional analysis, as well as those proposed to be left in. Chairwoman/Mayor Cox stated she thought it helpful for the audience, to reiterate that staffs recommendation did not include R-I, R-2, R-3, but rather, non-R-I, R-2, R-3 areas. Page 3 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov April 26, 2007 PUBLIC HEARINGS (continued) Director/Agency/Councilmember McCann requested staff review the provision of incentives, such as a floor area ratio incentive. Planning Manager Ladiana provided an example of how a pipeline project would be processed. Acting Community Development Director Hix provided the reasoning behind the development exception provisions, stating that they were an attempt to provide the CVRC or Planning Commission some flexibility on the premise that everything that might come up could not be foreseen until they did come up, and they require four findings be met. Director/Agency/Councilmember McCann requested the incentives be reviewed for economic viability and ease of understanding by the public, as well as the process of how the projects would come about. Chairwoman/Mayor Cox opened the public hearing and stated that three speakers in support would be called up, followed by three speakers in opposition. The meeting would then be recessed for a short break. Dr. Peter Rullan, Chula Vista resident and property owner, spoke in support. William Hall, Chula Vista resident and member of the Chamber of Commerce, spoke in support. Greg Mattson, resident of San Diego, business owner of Chula Vista, and member of the Third Avenue Village Association, spoke in support. Pamela Bensoussan, Chula Vista resident representing the Northwest Civic Association, stated that the EPS recommendation should be adopted and urged the CVRC/RDAlCC not to incorporate the development exception provisions recommended by staff. Kathy Keehan, San Diego resident representing the San Diego County Bicycle Coalition expressed concerns with the details in the mobility section and requested reconsideration of the sidewalk and bike lane plans. Jim Peterson, Chula Vista resident declined to speak. Carol Ann Taylor, Chula Vista resident, expressed concerns with eminent domain and the potential sale by a neighbor of property he owned. Chairwoman/Mayor Cox encouraged Ms. Taylor to make an appointment to speak with Ms. Hix to obtain a better understanding of what was being proposed. At 8:32 p.m., Chairwoman/Mayor Cox called for a brief recess. At 8:50 p.m., Chairwoman/Mayor Cox reconvened the meeting with all members present except for Director/Agency/Councilmember Castaneda. Page 4 - CVRC/RDAlCC Minutes http://wv.w .ch ulavistaca. gov April 26, 2007 PUBLIC HEARINGS (continued) Planning Manager Ladiana addressed earlier comments made by Mr. Mattson regarding the comprehensiveness of the plan and the removal of some areas, noting that the plan did look at the development of the entire area and it was fully recognized that the plan would take many years to occur, therefore the plan was consistent with the analysis done. Tig Mitchell, San Diego resident representing Douglas Wilson Companies, spoke in support. Kevin O'Neill, Chula Vista resident, spoke in support and suggested staff look at buffering on the back side of the block that would limit height or use to give the neighborhood residents piece of mind. Scott Vinson, Chula Vista resident, Chamber of Commerce and Planning Commission member, spoke in support. Patricia Aguilar, Chula Vista resident representing Crossroads II and the Northwest Civic Association, expressed agreement with the concept of mixed use and the need for the Urban Core Specific Plan. Ms. Aguilar then noted changes she felt needed to be made in order to achieve balance and provided the Directors with a list, encouraging approval of the plan with the proposed modifications. Armando Ibarra, Chula Vista resident, spoke in opposition to changes he had been informed of by Crossroads II on Third A venue between I and J Streets, which included the changing height limits and amendments to the Cummings Initiative. Greg Moser, Attorney representing Earl Jentz, submitted a letter that identified perceived flaws with the UCSP in relation to the Cummings Initiative and spoke in opposition. Jerry Livingston, representing the BIA, spoke in support of adoption of the plan as presented. Andrew Michajlenko, San Diego resident representing Carrier Johnson, spoke in support, but expressed disappointment that prior proposed changes were not included and urged that they be considered in a timely fashion, which included an increased FAR in the Cl district, elimination of the lot coverage as a design parameter requirement, and an additional five feet of height on ground floor buildings if they have a commercial retail component. Alex Beaten, San Diego resident representing City Mark Development, spoke in support. Tina Zenzola, San Diego resident representing Walk San Diego and HEAC, expressed the need for narrowing of the lanes, widening of the sidewalks, and need to separate the combination sidewalklbike lane. Jackie Lancaster, ChuIa Vista resident, expressed concerns with the proposed development exceptions, and requested that any exceptions be approved first by the RAC. Page 5 - CVRCIRDAlCC Minutes http://WVvW . ch ulavistaca. gOV April 26, 2007 PUBLIC HEARINGS (continued) Jorge Valerie, Chula Vista resident, spoke in support, but expressed concerns with the potential loss of parking lots on Landis, noting that the ENA for Landis should be done carefully. Glen Googins, Chula Vista resident, T A V A board member, and representative of multiple property owners within the Urban Core Specific Plan area, spoke in support. John Sherritt, Carlsbad resident representing Amsley Communities, spoke in support. Lisa Cohen, Chula Vista resident and CEO of the Chula Vista Chamber of Commerce, spoke in support. JoAnn Hadfield, representing Mr. and Mrs. Jentz, spoke in opposition to the Draft ElR, stating that it no longer represented the project being presented. Vice ChairmanlDeputy Mayor Rindone asked Mr. Jentz to state what he would like to see in the UCSP that was not currently addressed. Mr. Jentz stated he was looking for something that would work for long term. Mr. Rindone stated he would personally be very happy to meet with Mr. Jentz whenever he was ready to have a dialogue. Susan WaIter, Chula Vista resident, was not present to speak but had submitted a speaker slip in opposition. Tracy Clark, Chula Vista resident, spoke in support. Dennis Chaffee, Chula Vista resident, spoke regarding mobilehome parks closing and stated the City should guarantee support for the rest of the lives of mobilehome park tenants including an annual cost of living increase. Chris Boyd, Chula Vista resident and member of the Chamber of Commerce, spoke in support. At 10:37 p.m. Chairwoman/Mayor Cox called for a brief recess. At 10:45 p.m., Chairwoman/Mayor Cox reconvened the meeting with all members present except for Director/Agency/Councilmember Castaneda. Planning Manager Ladiana responded to prior comments made regarding the ElR and project descriptions. She stated that the fact that the changes made would lower the density does not constitute a reason for recirculation, and that the changes of not narrowing Third Avenue would not create a significant impact as provided in the errata. She further stated that the figure revisions that were commented on were public comment and that they were all included in the Final ElR. Susan O'Shaughnessy, Chula Vista resident, T A V A Boardmember and volunteer of the Healthy Spirit Bookstore, spoke in support. Page 6 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov April 26, 2007 PUBLIC HEARINGS (continued) Christine Moore, Chula Vista resident, was not present to speak, but submitted a speaker's slip in support. Patrick Hunter, San Diego resident and Chula Vista business owner, spoke in support. Kamil Salem, El Cajon resident representing Adel Somo, submitted a speaker's slip, but was not present to speak. Steve Molski, Chula Vista resident representing COMO CAL, submitted a speaker's slip, but was not present to speak. Omar Firestone, Chula Vista resident, submitted a speaker's slip, but was not present to speak. Laura Hunter, representing the Environmental Health Coalition, submitted a letter with suggested compromise language pertaining to freeway buffers and the public health impacts of residents living within 500-feet of Interstate 5, encouraged the City to require the energy action, and lastly opposed the inclusion of the development exceptions. Emily Stone, San Diego resident representing the Southwest corner of Broadway and H Street at 510 and 520 Broadway, expressed concerns with the zoning of her property which did not appear to allow for residential. Chairwoman Cox referred Ms. Stone to staff to meet with them and discuss her zoning concerns. Tina Medina, Chula Vista resident and General Manager of the Chula Vista Convention and Visitors Bureau, spoke in support of the adoption of the UCSP. Theresa Acerro, Chula Vista resident, stated the financial plan was inadequate regarding fees for infrastructure needs, which she stated should be called out in the UCSP area. Additionally, she expressed concerns with the parking and traffic studies not being completed prior to the setting of fees, parks fees not being adequate, the need for the exception clause to be eliminated or restricted, and that the controlled residential growth ordinance be enforced. Tom Money, representing Money Realty, spoke in support. Paula Perry, Chula Vista resident, spoke in opposition to the UCSP as written, expressing concerns with 6O-foot buildings being allowed between I and J on Third Avenue, and requested it be changed to 45 feet, and that no back entrances to commercial buildings be allowed on Del Mar A venue or a side entrance on J Street. James Brown, San Diego resident, architect and developer who has entered into an ENA with the City, spoke in support of the adoption of the UCSP. Evaristo Bueno, Chula Vista resident, submitted a speaker slip in opposition, but was not present to speak. Page 7 - CVRCIRDNCC Minutes http://www.chulavistaca.gov April 26, 2007 PUBLIC HEARINGS (continued) Parks Pemberton, Chula Vista resident, spoke in opposition to the R-l and R-2 properties being included in the UCSP. Juan Pablo Mariscal, Chula Vista resident and business owner, spoke in support. Jerry Loffredo, Chula Vista resident, spoke in opposition. Joe Werner, partner with Juan Pablo on the Social Security property, spoke in support. Jillayne Salmon, Chula Vista resident thanked Acting Community Development Director Hix and Planning Manager Ladiana for notifying the residents in the R-l and R-2 neighborhoods regarding meeting with them to explain the UCSP. Ms. Salmon requested consideration for the removal ofthe R-l, R-2 in the UC-lO subdistrict from the UCSP. Chairwoman/Mayor Cox stated that the following 6 people had submitted speaker slips, but were no longer present to speak: Zulema Maldonado, Chula Vista resident, support. Georgie Stillman, Chula Vista resident, opposition unless changes are made. Lourdes Valdez, Chula Vista resident, support. Tom Tourtellott, San Diego resident who works in Chula Vista, support. Pat Combs, Chula Vista resident, support with Crossroads II recommendation. Richard D' Ascoli, representing Public Southwest Realtors Association, support. Greg Mattson, Chula Vista resident, read into the record a statement from Jack Blakely, Executive Director ofthe Third A venue Village Association (T A V A) in support. Scott Lohr, Chula Vista resident and owner of residential property, expressed concerns with the need to preserve the Third A venue Village feel and historic value, and encouraged the implementation of a 3-story height limit. Charles Moore, Chula Vista resident representing the Chula Vista Chamber of Commerce, spoke in support. Lisa Johnson, Chula Vista native resident and Board Member of the Chula Vista Chamber of Commerce, spoke in support. Jose Preciado, Chula Vista resident and President of the South Bay Forum, expressed support for the adoption ofthe UCSP, provided the exception provision was withdrawn. Jim Pieri, Chula Vista resident and President and CEO of Mountain West Real Estate, stated he was distressed that after 4 years and over 75 public meetings, a citizen group was demanding more concessions to the already streamlined UCSP, and attempting to run the government by ballot box initiative. Mr. Pieri then expressed the support of his firm and over 200 businesses for the UCSP. Page 8 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov April 26, 2007 _--.J PUBLIC HEARINGS (continued) Planning Manager Ladiana responded to comments made regarding the commercial to residential rezoning as it relates to Cummings Section 19.80.070(d); the rationale behind not narrowing Third Avenue, and provided an example to clarify the proposed development exception language which would require public input prior to approval. Director/Agency/Councilmember Ramirez stated that the difficulty he was having with the exception language, was that it did not appear to have any boundaries, which would allow an applicant to know what they needed to work within and give the decision makers a perimeter to evaluate the exception. Planning Manager Ladiana responded that part of the annual reporting would contemplate and describe projects that would require exceptions. If everyone needed an exception and findings could not be made, then staff would bring back standards for consideration. Since the exceptions will be individual for the projects, they could not be anticipated in advance, and therefore the language proposed by staff would provide for a good first test. Planning Manager Ladiana continued with her responses to comments concerning the pending ballot initiative and whether or not the Urban Core Specific Plan should be held off to see if it passed, the analysis that went into the public facilities and services programs, including the annual monitoring program, and the neighborhood transition combining districts tool. Yice Chairman/Deputy Mayor Rindone requested staff obtain photos of the City of Denver's neighborhood transition combining district to show the other Directors. Director Desrochers inquired as to how the neighborhoods on Del Mar and Jefferson would be affected. Ms. Perry stated that the lots on J Street were very narrow, and that the lots from Del Mar to Third were deeper. Director Desrochers expressed concerns with the impact, particularly shadow and wind on the single-family residences. Director Paul pointed out that there were other criteria to design in addition to height, for example floor area ratio, area lot coverage, etc. So there may be a tall building, but not sitting as a big massive structure over the entire lot, which is what the role of the CYRC is to be-guiding the process to make sure the community and developer are well served. Director/Agency/Councilmember Ramirez commented that the General Plan spoke at length to the preserving of stable single-family neighborhoods and of not allowing new development to adversely impact the single-family residential neighborhoods. He inquired as to whether the step backs would apply in the design. Ms. Ladiana responded that ALL standards (setback, step back, landscape, lighting barriers...) would have to be addressed, in order to preserve the single- family residential neighborhoods. Director/Agency/Councilmember Ramirez then inquired of and Mr. Brodeur confirmed that Third A venue was one of the most important areas that people were expressing concerns about with regards to keeping the village character. Mr. Brodeur stated that it would require a secondary review. Acting Community Development Director Hix stated that all projects would be taken to the RAC for input. Ms. Ladiana added that things such as exterior modifications should be worked into the RAC procedures, as they were administrative procedures and did not belong in the UCSP. Page 9 - CYRC/RDAlCC Minutes http://v.''oNw .ch ulavi staca. gov April 26, 2007 PUBLIC HEARINGS (continued) Chairwoman/Mayor Cox requested Ms. Aguilar approach the podium to discuss the concepts she had submitted for consideration. Ms. Aguilar stated that most ofV-2 encompassed the frontage of Third Avenue between E and G, however there was a notch on the west side, where V-3 comes up to Third Avenue at Third and F (the Fuddruckers site), which could go up to 84-feet. They would like to see the more westerly line of V -2 continue straight south, without the jog to keep the entire frontage of Third Avenue at 45 feet. Chairwoman/Mayor Cox, following the list of requested considerations submitted by Ms. Aguilar stated that they had requested (1) the development exceptions provisions not be incorporated, and in response to that request, staff has tried to assure people that the exceptions are not massive, and are not loopholes, but were case by case consideration that would be subject to public review; (2) the ability for building height to be increased by 5 feet be eliminated, and it had; (3) the R-I and R-2 areas be removed from the UCSP while staff worked on the Cummings Initiative amendment, and they had; (4) subdistrict C- I be lowered from 60 feet to 45 feet, this was just referred to in the report on setbacks and step backs. Ms. Aguilar responded that C-I was a very long corridor that should be reviewed for additional sub-dividing to determine where 45 feet may be applied to prevent adverse impact depending on what is adjacent to the property versus where 60 feet might be appropriate. ChairwomanlMayor Cox inquired, and Ms. Ladiana responded that the EIR was completed with a 60-foot height. Chairwoman/Mayor Cox then continued with (5) the recommendation of the eastern standards being used for parking, for which staff was recommending a minimum of 1.5 parking spaces per unit with additional guest parking; and lastly (7) asking that H Street frontage require a building setback to provide for plazas and courtyards, which has a different look and feel than Third A venue, and requested, and Ms. Aguilar explained her rationale behind the request for that setback. Planning Manager Ladiana addressed Ms. Aguilar's comments. Chairwoman/Mayor Cox stated that plazas were already a part of the H Street, but without a project, there is no way of knowing where they will be. ChairwomanlMayor Cox then noted that requests 8, 9, and 10 were administrative procedures not specific to this particular plan, and that when she met with Ms. Aguilar, Ms. Aguilar had indicated that Crossroads II requested the addressing of the concerns with the ability to increase building heights, the tips and tails on E and G Streets, and ifR-I and R-2 would be removed, she thought Crossroads II would be able to support everything else. Chairwoman/Mayor Cox noted that what she now saw on the list was another request on parking, H Street frontage and District C-! and wondered if there were more to come. John Sherritt, with AInsley Communities, property owner on H Street, expressed concerns with Ms. Aguilar's proposal to make a minimum requirement of setbacks to allow for plazas along the entire length of H Street. He stated that would create a street scene of ! 00% buildings with plazas and no variations. He further stated, that although he supports the idea of plazas, they should not be required for every building, and staff should be given flexibility to identify where they should be located. Ms. Aguilar stated that plazas would not be required for every other lot, but she felt it should be required for every lot, and that planting could be allowed instead on some of the lots. Page 10 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov April 26, 2007 PUBLIC HEARINGS (continued) Jim Pieri expressed strong disagreement with Ms. Aguilar regarding her request for plazas on each parcel, stating that good development would put them in, but to restrict every parcel was not good planning. There being no further members of the public wishing to speak, Chairwoman/Mayor Cox closed the public hearing. Director Lewis responded that care needed to be taken with the use of the word restrict, and there was a need to be sensitive to those persons who will be building on their sites because when you start squeezing their land out from underneath them, they have to do something else with the building and parking and a problem is created in the ability for them to create a project that will pencil out. The UCSP is a plan, a concept that gets evaluated on a case-by-case basis, but to say every building along H Street has to have a provision for a plaza sounds great, but most won't pencil out. Evaluation has to be given to the bottom line of the person who is trying to create the building that will serve the needs of the community. Director Rooney added that there was a possibility of giving density bonus for providing open space plazas along H Street. Mr. Brodeur spoke regarding the incorrect statements made regarding provisions for plazas on H Street and stated that there were incentives built into the specific plan if you do a plaza. Additionally, regarding setbacks on H Street, all of the properties along H Street had an 8-foot setback in addition to the sidewalk to create public space. Director/Agency/Councilmember Ramirez stated that although he had listened to the testimony, he was not impressed with the plan or the way it was put together, and he believed the exception clause could be improved in a way that allowed the flexibility needed, but assured him and the community that there were boundaries. He also expressed continued concerns with the height limits along Third Avenue and the preservation and capturing of the small town feel and character. ACTION: Director/Agency/Councilmember Ramirez moved to require that subdistrict V-2 be expanded to encompass the length of Third A venue between E Street and H Street and cap the buildings at 45 feet. The motion died for the lack of a second. ChairwomanlMayor Cox moved to limit the height requirements between Park Way and F Street to 45 feet. Director/Agency/Councilmember McCann seconded the motion, and it carried 7-1-1 with Director/Agency/Councilmember Ramirez voting no and Director/Agency/Councilmember Castaneda absent. Director/Agency/Councilmember Ramirez moved to withdraw attachment B with regards to exception language and requested it be brought back with the other pending revisions with different language that could be vetted through the community and planning individuals who could offer suggestions. The motion died for the lack of a second. Page 11 - CVRC/RDAlCC Minutes http://,,ww.chulavistaca.gov April 26, 2007 PUBLIC HEARINGS (continued) Directorl Agency/Councilmember McCann requested staff refer to his previous referral for staff to do additional analysis, assuring the right incentives such as green building, energy, and F ARS are reviewed. Vice ChairmanlDeputy Mayor Rindone stated that even with three years of study, not all of the answers for all of the issues have been determined, but staff has provided safeguards to ensure the review. Chairwoman/Mayor Cox clarified that Director/Agency/Councilmember McCann's request was for staff to analyze and come back with what the flexibility and incentives were to further define it for developers. Vice ChairmanlDeputy Mayor Rindone stated that there would be continuous revisions and updates, but that it was time to have a starting point, and time to send the message that increased vagrancy and increased homelessness was not wanted. ACTION: Vice Chairman Rindone moved approval of staff's recommendations and offered Items 2A, 2B, 2C and 2D, read the headings, waive the text. Director McCann seconded the motion. Director/Agency/Councilmember Ramirez requested the opportunity to offer additional suggestions to make the plan work. General Counsel Moore explained the process for amendments considered during the first and second reading of the ordinance as well as after adoption of the ordinance. Vice Chairman Rindone stated, as the maker of the motion, he was willing to listen to any friendly amendments to the motion that Director Ramirez was interested in making, prior to voting. Director/Agency/Councilmember Ramirez offered a friendly amendment to the neighborhood transition combining district, requesting it be removed and that staff analyze where the 60-foot buildings would be adjacent to single-family residents. Vice ChairmanlDeputy Mayor Rindone requested Mr. Ramirez clarify what he was trying to offer an amendment for, as he had already commented on that specific topic and expressed concerns indicating that he personally would ensure this would be brought back and dealt with. He then inquired as to what specifically Mr. Ramirez was requesting be amended. Mr. Ramirez stated that he did not feel there was a mechanism in the plan to deal with this issue. Director/Agency/Councilmember Ramirez clarified his friendly amendment to the motion to have staff reexamine the setback requirements currently outlined for the transition neighborhoods. Page 12 - CVRCIRDAlCC Minutes http://www.chulavistaca.gov April 26, 2007 ~ PUBLIC HEARINGS (continued) Urban Planner Brodeur stated his understanding of the friendly amendment was for staff to take further study and return within 90 days with a report based on specificity in terms of the lots that are adjacent to commercial zones. Chairwoman/Mayor Cox clarified and Director/Agency/Councilmember Ramirez concurred that if the report could come back within 90 days and provide the requested specificity, the ordinances could have first and second reading and adoption without concern of a project getting through prior to the report back and amending action being taken. Director/Agency/Councilmember Ramirez offered a friendly amendment for the inclusion of the establishment of an exclusion zone, a minimum of 500-feet from a freeway so that residential development would not be allowed unless authorized by a majority of the Council. Chairwoman/Mayor Cox expressed concerns that there were some properties that were so narrow, in order to pencil out, they would have to go sky high, and suggested that staff be requested to review the public referral and bring it back. Director Ramirez requested this be a staff referral. Director/Agency/Councilmember Ramirez offered a friendly amendment to amend the energy section of the plan to require developer compliance with future City energy policies for all private developments, not just City-sponsored projects. Planning Manager Ladiana stated that this is a recommended design guideline for City sponsored public projects, but not private projects. Vice Chairman/Deputy Mayor Rindone stated he would not be willing to accept this as an amendment to the motion. Staff Recommendation: That the CVRC adopt the following resolutions: 2A. CVRC RESOLUTION NO. 2007-008, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 06-01) FOR THE URBAN CORE SPECIFIC PLAN AND RELATED ACTIONS; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY EIR 06-01; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT THE URBAN CORE SPECIFIC PLAN (PCM 07-01) Page 13 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov April 26, 2007 PUBLIC HEARINGS (continued) 2B. CVRC RESOLUTION NO. 2007-009, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVE AND ADOPT THE 2007 AMENDMENT OF THE TOWN CENTRE I REDEVELOPMENT PLAN 2C. CVRC RESOLUTION NO. 2007-010, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RESCIND CERTAIN IMPLEMENTING DOCUMENTS AND REQUIREMENTS OF THE TOWN CENTRE I REDEVELOPMENT PLAN The motion carried 7-1-1 with Director Ramirez voting no, and Director Castaneda absent. Staff Recommendation: That the Redevelopment Agency adopt the following resolution: ACTION: Vice Chairman Rindone reoffered Item 2D, read the heading, waive the text: 2D. RDA RESOLUTION NO. 2007-1973, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RESCINDING IMPLEMENTING DOCUMENTS OF THE TOWN CENTRE I REDEVELOPMENT PLAN Agency Member McCann seconded the motion, and it carried 3-1-1 with Agency Member Ramirez voting no, and Agency Member Castaneda absent. Staff Recommendation: That the City Council adopt the following resolution: ACTION: Councilmember McCann offered Item 2E, read the heading, waive the text: 2E. RESOLUTION NO. 2007-097, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 06-01) FOR THE URBAN CORE SPECIFIC PLAN AND RELATED ACTIONS; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Deputy Mayor Rindone seconded the motion, and it carried 3-1-1 with Councilmember Ramirez voting no, and Councilmember Castaneda absent. Staff Recommendation: That the City Council place on first reading the following ordinances: ACTION: Deputy Mayor Rindone offered Items 2F and 2G, read the headings, waive the texts: Page 14 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov April 26, 2007 PUBLIC HEARINGS (continued) 2F. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE URBAN CORE SPECIFIC PLAN (PCM-07-01) AND RELATED REZONINGS TO IMPLEMENT THE 2005 GENERAL PLAN 2G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE TOWN CENTRE I REDEVELOPMENT PLAN THROUGH THE ADOPTION OF THE 2007 AMENDMENT TO THE REDEVELOPMENT PLAN Councilmember McCann seconded the motion, and it carried 3-1-1 with Councilmember Ramirez voting no, and Councilmember Castaneda absent. PUBLIC COMMENTS There were none. ACTION ITEMS 3. CONSIDERATION OF AMENDMENTS TO EXCLUSIVE NEGOTIATING AGREEMENTS FOR FOUR SITES WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA The CVRC has entered into four Exclusive Negotiating Agreements that are due to expire on or around June 5, 2007. The ENA's are being amended to add an additional 300 days to the Negotiating Period to explore the development feasibility of the ENA properties in conjunction with the proposed adoption of the UCSP. Staff Recommendation: That the CVRC adopt the following resolutions: ACTION: Director McCann offered Items 3A, 3B, 3C and 3D, headings read, text waived: 3A. CVRC RESOLUTION NO. 2007-011, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A SECOND AMENDMENT TO EXCLUSIVE NEGOTIA TING AGREEMENT WITH A VION DEVELOPMENT LLC FOR DEVELOPMENT OF THE THIRD AVENUE AND E STREET SOUTHEAST SITE. 3B. CVRC RESOLUTION NO. 2007-012, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH DOUGLAS WILSON COMPANIES FOR DEVELOPMENT OF THE CHURCH STREET AND DAVIDSON STREET WEST SITES. Page 15 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov April 26, 2007 ACTION ITEMS (continued) 3C. CVRC RESOLUTION NO. 2007-013, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH PUBLIC, A CALIFORNIA GENERAL PARTNERSHIP, FOR DEVELOPMENT OF THE CHURCH AND MADRONA NORTHWEST SITE. 3D. CVRC RESOLUTION NO. 2007-014, RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION APPROVING A SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT WITH INTERGULF-MAR (PARK) LLC FOR DEVELOPMENT OF THE THIRD AVENUE AND G STREET NORTHWEST SITE. Vice Chairman Rindone seconded the motion, and it carried 8-0-1 with Director Castaneda absent. 4. CHIEF EXECUTIVE OFFICER'S REPORTS a. Revised CVRC Board Application Chairwoman Cox stated that this was an informational item only, and upon correction of a typographical error, it would hopefully be brought back to the May 24, 2007 meeting for approval. Interim Chief Executive Officer Thomson requested and received concurrence for the cancellation of the May 10, 2007 meeting. 5. CHAIR'S REPORTS a. Consideration of formation of a subcommittee consisting of two independent directors to participate with two members from the Sweetwater Union High School District to review the district's Asset Utilization Project proposal and advise City staff. ACTION: Motion by Vice Chairman Rindone in favor of the appointment of Directors Desrochers and Lewis to serve on the subcommittee. Director McCann seconded the motion, and it carried 8-0-1, with Director Castaneda absent. 6. DIRECTORS' COMMENTS Vice Chairman/Deputy Mayor Rindone thanked staff for their three years of dedication and willingness to listen to the community and directors, and for creating the living document. Director/Councilmember McCann stated it was time for Chula Vista to move forward. Page 16 - CVRC/RDAlCC Minutes http://www.chulavistaca. gov April 26, 2007 i ____--.J ADJOURNMENT At 2:15 a.m., Mayor Cox adjourned the Chula Vista Redevelopment Corporation/Redevelopment Agency to a regularly scheduled meeting on May 24, 2007, at 6:00 p.m., the regularly scheduled meeting of May 10, 2007 having been cancelled, and the Chula Vista City Council to its regularly scheduled meeting on May 1,2007 at 4:00 p.m. in the Council Chambers. A=H~ti:JIt Page 17 - CVRC/RDA/CC Minutes http://wv,'W.chulavistaca. gOY April 26, 2007