HomeMy WebLinkAboutcc min 2007/07/17 HA
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A SPECIAL MEETING OF THE HOUSING AUTHORITY
OF THE CITY OF CHULA VISTA
July 17,2007
6:00 P.M.
An Adjourned Regular Meeting of the City Council and a Special Meeting of the Housing
Authority of the City of Chula Vista were called to order at 6:08 p.m. in the Council Chambers,
located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Council/Authoritymembers Castaneda, McCann, Ramirez, and
Mayor/Chair Cox
ABSENT: CounciVAuthoritymembers: Rindone (excused)
ALSO PRESENT: Executive Director/City Manager Garcia, Authority/Senior
Assistant City Attorney Marshall, 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
Marissa Flores, Human Relations Commission
Rufino "Pie" Roque, International Friendship Commission
City Clerk Bigelow administered the oaths of office to Mr. Roque and Ms. Flores, and
Councilmember McCann presented them with certificates of appointment.
Mayor Cox invited the public to attend the upcoming ice cream social on August 18,2007, from
2:00 p.m. to 5:00 p.m., at the Dickinson Boal historical home. The tickets, available from the
Mayor's Office, cost $25 dollars per person.
. INTRODUCTION OF OFFICER JOHNATHAN DEERING BY POLICE CHIEF
EMERSON
Police Chief Emerson introduced Officer Deering, a recent Police Academy graduate.
CITY COUNCIL CONSENT CALENDAR
(Items I through 10)
Mayor Cox announced that Item 5 would be removed for discussion at the request of a member
of the public; Item 7 would be continued to the meeting of July 24, 2007; and Item 10 would be
pulled for discussion at the request of Councilmember Ramirez.
1. APPROVAL OF MINUTES of the May IS, 2007 Special Meeting of the City Council,
the May IS, 2007 Regular Meeting of the City Council, and the May 15,2007 Adjourned
Regular Meeting of the City Council and Special Meeting of the Redevelopment Agency.
Staffrecommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Tiffany Vinson, member of the Cultural Arts Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2007-179, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A MASTER COMMUNICATIONS SITE
LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR THE
INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS
TELECOMMUNICATIONS FACILITIES OR SUBST ANTIALL Y SIMILAR
FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO
ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION
TO RENEW FOR AS MANY AS FIVE ADDITIONAL 5- YEAR TERMS, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolution establishes a master communications site license agreement
between the City and the New Cingular Wireless PCS, LLC for the installation of as
many as 25 wireless telephone facilities on property owned or controlled by the City.
The agreement includes mutually beneficial and agreed-upon terms that are consistent
with those provided by other wireless carriers. (Conservation and Environmental
Services Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2007-180, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PLAN AND SCHEDULE FOR THE
PREPARATION OF A SEWER SYSTEM MANAGEMENT PLAN FOR THE CITY
OF CHULA VISTA IN ACCORDANCE WITH THE STATE WATER RESOURCES
CONTROL BOARD W ASTEW A TER DISCHARGE REQUIREMENTS ORDER
#2006-0003-DWQ
The state Water Resources Control Board adopted new wastewater discharge
requirements in May of 2006. The order mandated that all federal and state agencies,
murricipalities, counties, districts, and other public entities that own or operate sanitary
sewer systems greater than one mile in length, and that collect and/or convey untreated or
partially treated wastewater to a publicly-owned treatment facility in the state, develop
and implement a system-specific sewer system management plan (SSMP). Further
clarification of the terms now require all agencies to obtain their governing board's
approval of the SSMP development plan and schedule and final SSMP prior to
certification as complete and in compliance. (Acting Assistant City Manager/City
Engineer)
Staff recommendation: Council adopt the resolution.
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July 17,2007
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CONSENT CALENDAR (Continued)
5. This item was removed from the Consent Calendar for discussion.
6. RESOLUTION NO. 2007-183, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO
BECOME A PARTICIPATING AGENCY OF THE METRO WASTEWATER JOINT
POWERS AUTHORITY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
FINALIZE THE TERMS OF THE JP A AGREEMENT; AUTHORIZING THE MAYOR
TO EXECUTE THE THIRD AMENDMENT TO THE JOINT EXERCISE OF
POWERS AGREEMENT METRO W ASTEW ATER JP A ADDING CHULA VISTA AS
A PARTICIPATING AGENCY; APPOINTING THE MAYOR TO THE BOARD OF
DIRECTORS OF THE METRO WASTEWATER JPA; APPOINTING
COUNCILMEMBER CASTANEDA AS THE AL TERNA TE ON THE BOARD OF
DIRECTORS OF THE METRO W ASTEW A TER JP A; AND APPOINTING THE CITY
MANAGER OR DESIGNEE AS THE SECOND ALTERNATE ON THE BOARD OF
DIRECTORS OF THE METRO W ASTEW A TER JP A
Currently, Chula Vista holds membership alongside 14 other participating agencies in the
Metro Commission as part of an agreement with the City of San Diego to give members a
means of providing input on discussions related to the operation and maintenance of the
Metropolitan Sewerage System. In 2000, some of the members elected to form a joint
powers authority (JPA) to enable them to have an alternative financing mechanism to
fund their cost of the Metro expenditures, should a situation arise in which San Diego
was unable to secure financing for both the members and San Diego. At that time, the
Chula Vista elected not to join the JP A, but for various reasons, staff now recommends
that the Council reconsider and join the lP A. (Acting Assistant City Manager/City
Engineer)
Staff recommendation: Council adopt the resolution.
7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR
2007/2008 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1,
98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2,07-1, 08-1, 08-M, 09-M, II-M, 12-1, 12-
M, 13-1, AND 13-M, AND DELEGATING TO THE CITY MANAGER THE
AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR
2007/2008 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M, AND
DELEGATING TO THE CITY MANAGER, THE AUTHORITY TO ESTABLISH THE
SPECIAL TAX FOR EACH DISTRICT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY APPROPRIATING
$432,486 FROM COMMUNITY FACILITIES DISTRICT 12-M FUNDS (4/5THS
VOTE REQUIRED)
Page 3 - Council/Housing Authority Agenda http://www.chulavistaca.gov
July 17, 2007
CONSENT CALENDAR (Continued)
Twenty-one community facilities districts were formed during fiscal years 1998 through
2006. Each year, a special tax must be levied in each of the districts to pay for the
maintenance of open space and preserve areas and maintenance of other public facilities,
or to repay bondholders. Adoption of the resolutions authorize the levy of maximum
special taxes. (Acting Assistant City Manager/City Engineer)
Staff recommendation: Council continue the item to July 24, 2007.
8. A. RESOLUTION NO. 2007-184, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRICT FOR FIRST AVENUE (NAPLES
STREET TO PALOMAR STREET) FOR THE PURPOSE OF FINANCING THE
CONSTRUCTION OF STREET IMPROVEMENTS
B. RESOLUTION NO. 2007-185, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED
BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE)
C. RESOLUTION NO. 2007-186, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE INSTALLATION OF CERTAIN
IMPROVEMENTS ON FIRST AVENUE (NAPLES STREET TO PALOMAR
STREET), APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING
THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE
INITIATION OF BALLOT PROCEDURES
Residential properties along First A venue, between Naples Street and Palomar Street, are
currently without curbs, gutters, or sidewalks. Fifty of the 59 property owners have
signed a petition requesting that special assessment district proceedings be commenced
for the purpose of financing the construction of these improvements. Staff has completed
preliminary design and cost estimates for this project. (General Services Director)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION NO. 2007-187, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
MEMORANDUM OF UNDERSTANDING
The Council approved a memorandum of understanding (MOU) regarding compliance
with the National Pollutant Discharge Elimination System (NPDES) regulations in
January 2002. The MOU was entered into to implement regional activities required by
the NPDES municipal storm water permit issued by the Regional Water Quality Control
Board (RWQCB) in February of 2001. On January 24, 2007, the RWQCB reissued the
permit to incorporate additional requirements. Adoption of the resolution approves the
first amendment to the MOU to address the requirements of the re-issued permit. (Public
Works Operations Director)
Staff recommendation: Council adopt the resolution.
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July 17,2007
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CONSENT CALENDAR (Continued)
10. This item was removed from the Consent Calendar for discussion.
ACTION:
Councilmember McCann moved to continue Item 7 to July 24, 2007 and approve
staffs recommendations; and he offered Consent Calendar Items I through 4,6,8
and 9, headings read, texts waived. Councilmember Castaneda seconded the
motion, and it carried 4-0.
HOUSING AUTHORITY CONSENT CALENDAR
11. RESOLUTION NO. 2007-034, RESOLUTION OF THE HOUSING AUTHORITY OF
THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX
EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE
LANDINGS AFFORDABLE APARTMENTS
The City has received a request from Chelsea Investment Corporation to consider the
issuance of tax-exempt obligations to develop 92 affordable units known as 'The
Landings." The developer is in the process of preparing an application for an allocation
of tax credits and private activity bonds for multi-family projects from the California
Debt Limit Allocation Committee, and is requesting that the Chula Vista Housing
Authority be the vehicle for applying for an aggregate amount not to exceed $17.5
million. Adoption of the resolution expresses the Housing Authority's preliminary
intention to issue bonds. (Acting Community Development Director)
Staff recommendation: Authority Members adopt the resolution.
ACTION:
Housing Authority Member Castaneda moved to adopt Housing Authority
Resolution 2007-034, heading read, text waived. Chair Cox seconded the motion,
and it carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. A. RESOLUTION NO. 2007-181, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REFUND OF $1.8 MILLION IN THE
FORM OF TOLL CREDITS, PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 66001, ON A PRORATED BASIS TO THE CURRENT RECORD OWNERS
OF PROPERTY FROM WHICH THE INTERIM SR-125 DEVELOPMENT IMPACT
FEES WERE COLLECTED
B. RESOLUTION NO. 2007-182, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A TRANSFER OF $1.8 MILLION FROM
THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND (TDIF) TO AN
INTEREST EARNING DEPOSIT ACCOUNT TITLED - SR125 DIF REFUNDS, AND
ALLOW FOR THE EXPENDITURE OF THE FUNDS IN A MANNER CONSISTENT
WITH THE RESOLUTION (4/5THS VOTE REQUIRED)
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July] 7,2007
CONSENT CALENDAR (Continued)
California Govemment Code Section 66001(e) provides that excess development impact
fees collected shall be refunded to the then current record owner of the lots or units, as
identified on the last equalized assessment roll, on a prorated basis with any interest
accrued thereon. Staff has identified fees in an amount of $1.8 million of combined
principal and interest that remain after project allocations, and requests that the Council
consider the method of refunding the excess development impact fees, determine whether
the method of refunding the fees recommended by staff is reasonable, and authorize the
Finance Department to allocate and disburse the fees accordingly. (Acting Assistant City
Manager/City Engineer)
Staffrecommendation: Council adopt the resolutions.
Deputy Director of Engineering Browder reported that Resolution Nos. 2007-181 and 2007-182
would be revised to include the following text: "No Councilmember who is also a property
owner in the area receiving the DIF refund shall receive such refund or participate in the refund
program described in the City Council agenda statement."
David Krogh stated that the interim pre-SR-125 DIF fund originally reflected a total of $15
million. Over the past four years, money was left over, but the segregated fund was discontinued
and not publicly reported annually. The money was co-mingled in a segregated fund with
general TDIF funds. An amount of only $2 million in excess development impact fees is
proposed to be refunded. He asked the Council to reconsider the course of action initiated by
former Mayor Padilla and former City Manager Rowlands in order to comply with state law. He
stated that he also looked forward to receiving the additional information he requested in writing
from the City Attorney's Office.
Deputy City Attorney Miller addressed the concerns raised by Mr. Krogh and stated that the fees
were being used for the proper purpose, and the time period for challenging the use of the fees
had long expired.
Councilmember Castaneda requested assurance that reimbursements would be paid only to those
residents who paid into the fund. Deputy City Attorney Miller responded affirmatively,
explaining that a trust was being created in the names of all the individuals who own the
properties, with exact dollar amounts, and the funding would only benefit those residents.
ACTION:
Councilmember McCann moved to adopt Resolution Nos. 2007-181 and 2007-
182, headings read, texts waived. Councilmember Castaneda seconded the
motion, and it carried 4-0.
10. RESOLUTION NO. 2007-188, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CLEAN HARBORS ENVIRONMENTAL SERVICES,
INCORPORATED FOR TURN- KEY HOUSEHOLD HAZARDOUS WASTE AND
CONDITIONALLY EXEMPTING SMALL QUANTITY GENERATOR WASTE
MANAGEMENT SERVICES
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July 17, 2007
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CONSENT CALENDAR (Continued)
In April 2007, the City released a request for proposals to provide household hazardous
waste and conditionally exempt small quantity generator waste management services.
The evaluation committee selected Clean Harbors Environmental Services, Incorporated
as the responsive bidder for a two-year contract, with three, one-year extensions.
(General Services Director)
Staff recommendation: Council adopt the resolution.
Councilmember Ramirez questioned the effectiveness of the program's proposed $5 co-pay.
Director of General Services Griffin replied that this was an evolving area of the recycling
market. Once the situation stabilizes, staff will have the ability to analyze whether the proposed
co-pay will provide the anticipated benefits. Councilmember Ramirez asked staff to look for
creative ways to evaluate the effectiveness of the hazardous waste program. Director Griffin
responded that staff would be providing more outreach in terms of special events throughout the
City, and would be working with the contractor to develop and improve the program.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-188, heading
read, text waived. Mayor Cox seconded the motion, and it carried 4-0.
PUBLIC COMMENTS
Peter Watry spoke in support of the City's sign ordinances except with regard to legitimate,
temporary open house signs, which he believed should be permitted in City parkways. He
encouraged the Council to take immediate steps to permit the signs with the stipulations that they
be removed by 5:15 p.m. and that the address of the open house be specified on every posted sign.
Kevin O'Neill concurred with the comments by Mr. Watry. He then talked about the perversion
of federal and state environmental laws by some groups to exact concessions and cash from
projects. He asked the Council to place the matter on a future agenda and refer it to staff to
determine an approach the City could take to protect projects within the City's boundaries.
Parks Pemberton reported neighborhood concerns about coyotes entering residential areas and
destroying domestic pets. He then thanked the Council for supporting the Tower Motel project
to accommodate the needs of low-income residents. He encouraged the Council to add similar
projects and include mobilehomes on the east side of the City. With reference to condominium
conversion projects, he believed that the responsible parties should be required to perform the
conversion project within a specific timeframe in order for the City to maintain accurate statistics
on available rental space. Mayor Cox asked staff to contact Mr. Pemberton on the matters.
PUBLIC HEARINGS
Item No. 14 was taken out of order and actually considered at this time.
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July 17, 2007
PUBLIC HEARINGS (Continued)
12. CONSIDERATION OF APPROVAL FOR THE FIRE PREVENTION FEE
AMENDMENTS
The Fire Department completed a review of its current fee structure. The proposed
changes to the master fee schedule include both updates to existing fees and the
implementation of new fees. Fees were previously updated in August 2004. Adoption of
the resolution approves the proposed fees, based upon full- cost recovery. (Fire Chief)
Staff recommendation: Council cancel the public hearing.
Mayor Cox announced that Item 12 was cancelled at the request of staff. No action was taken by
the Council.
13. CONSIDERATION OF APPLICATION PCS 05-06 FOR THE PROPOSED
CONVERSION OF AN EXISTING 124-UNIT APARTMENT COMPLEX TO 124
CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP AT 307 ORANGE
AVENUE - WGA ORANGE A VENUE, L.P.
The applicant proposes to convert an existing l24-unit apartment complex into 124
condominium units. (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.
Councilmember Ramirez stated that he would recuse himself from discussing and voting on the
matter due to the proximity of property that he owns to the project. He then left the Chambers.
Associate Planner Steichen presented the proposed project, and Housing Manager Mills
addressed the affordable housing component.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, she closed the public hearing.
Councilmember Castaneda asked how the applicant proposed to avoid parking issues in the
neighborhood. Rebeca Ayyad, representing United Development Group, responded that there
would be one assigned parking space per unit and additional parking allocated for guests.
Mayor Cox asked the applicant about the types of energy efficiencies that would be incorporated
into the project. Ms. Ayyad replied that they would be looking at installing energy-efficient
lighting and appliances and drought -tolerant vegetation.
ACTION:
Councilmember McCann moved to adopt Resolution Nos. 2007-189 and 2007-
190, headings read, texts waived:
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July 17.2007
PUBLIC HEARINGS (Continued)
A. RESOLUTION NO. 2007-189, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION
MAP TO DIVIDE INTEREST IN 3.48 ACRES AT 307 ORANGE
AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 124
RESIDENTIAL UNITS, AND APPROVING CONCESSIONS
PURSUANT TO THE DENSITY BONUS LAW FOR THE
REDUCTION IN CERTAIN DEVELOPMENT STANDARDS
B. RESOLUTION NO. 2007-190, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY AND
WGA ORANGE, L.P., ESTABLISHING CONDITIONS OF 41
AFFORDABLE UNITS FOR MODERATE INCOME HOUSEHOLDS
AT 307 ORANGE AVENUE, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT
Councilmember Castaneda seconded the motion, and it carried 3-0-1, with
Councilmember Ramirez abstaining.
Councilmember Ramirez returned to the dais at 8: 15 p.m.
14. CONSIDERATION OF APPLICATIONS FILED BY ST. ROSE OF LIMA CATHOLIC
PARISH FOR 3.9 ACRES LOCATED AT THE NORTHEAST CORNER OF THIRD
AVENUE AND H STREET TO MODIFY ZONING TO ESTABLISH A PRECISE
PLAN FOR THE UNDERLYING APARTMENT RESIDENTIAL ZONE, AND
PRECISE PLAN STANDARDS FOR THE PROPERTY AND CONDITIONAL USE
PERMIT FOR THE RENOVATION AND EXPANSION OF AN EXISTING CHURCH
CAMPUS
The applicant requested a phased renovation and expansion of the church campus in
order to upgrade existing facilities and provide for anticipated growth. The request
included a zoning modification to allow the establishment of a precise plan modifying
district and special development standards for the unique landmark quality urban setting
of this project, and a conditional use permit to allow for the proposed church renovation.
(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.
Planning and Building Director Sandoval provided an overview of the proposed project, and
Associate Planner Steichen presented the proposed precise plan.
Mayor Cox opened the public hearing.
Father John Dolan, representing St. Rose of Lima, stated that the proposed conditional use
permit would expand the facilities to meet the needs of the growing parish community and
contribute to the enhancement of the downtown area. Deacon Greg Smyth and David Pfeifer,
representing Dominy + Associates Architects, gave presentations on the proposed project.
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July 17, 2007
PUBLIC HEARINGS (Continued)
Phillip Gaughan, representing St. Rose of Lima, reviewed the inadequacies of the current
facilities and stated that it was the dream of the parish to support the elements of education,
meeting hall, and church to meet the needs of the ever-growing parish community.
The following members of the public submitted speaker cards registering support for the project
but did not wish to speak:
Bonnie Miranda
Patricia Piccone
Nancy Roth
Edward Stoyack, Sr.
Chris Elwood
Maria Tollefson
Patricia Favela
Shirley Stoyack
Jillayne Salmon
Ofelia Elwood
There being no one else in the audience wishing to speak, Mayor Cox closed the public hearing.
ACTION:
Mayor Cox moved to place the following ordinance on first reading and adopt
Resolution No. 2007-191, headings read, texts waived:
A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING
MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM IS-06-013, AMENDING ZONING MAP
OR MAPS ESTABLISHED BY CHULA VISTA MUNICIPAL CODE
SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN
MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS
FOR 3.9 ACRES AT THE NORTHEAST CORNER OF THIRD
AVENUE AND "H" STREET, CURRENTLY ZONED R-3
APARTMENT RESIDENTIAL (FIRST READING)
B. RESOLUTION NO. 2007-191, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING
CONDITIONAL USE PERMIT TO ALLOW THE RENOVATION AND
EXPANSION OF AN EXISTING CHURCH/SCHOOL FACILITY
KNOWN AS ST. ROSE OF LIMA CATHOLIC PARISH, LOCATED
AT THE NORTHEAST CORNER OF THIRD AVENUE AND "H"
STREET
Councilmembr Castaneda seconded the motion, and it carried 4-0.
At 7:39 p.m., Mayor Cox announced a recess. The meeting reconvened at 7:48 p.m., with all
members except Deputy Mayor Rindone present.
15. CONSIDERATION OF THE ESTABLISHMENT OF AN ABANDONED
RESIDENTIAL PROPERTY REGISTRATION PROGRAM AND FEE IN THE
MASTER FEE SCHEDULE TO COVER THE COST OF ADMINISTERING SUCH A
PROGRAM
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July 17, 2007
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PUBLIC HEARINGS (Continued)
Adoption of an abandoned residential property registration program is a means of
ensuring that residential neighborhoods are spared the negative impacts associated with
abandoned residential properties. The proposed ordinance requires lenders who own or
are responsible for abandoned homes in Chula Vista to pay a fee to register those homes
with the City's Code Enforcement Section and to retain the services of a local property
management company. Registration would facilitate periodic monitoring by Code
Enforcement staff and provide a mechanism for staff and neighbors to alert the local
property management company of the need to take action to maintain the property. A fee
of $70 per property would be charged as a means of recovering the cost of administering
the program. (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.
Assistant Director of Planning and Building Remp and Code Enforcement Manager Leper
presented the proposed program.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
Mayor Cox asked staff if other cities had similar ordinances and about outreach efforts to real
estate agents and property managers. Assistant Director Remp responded that Los Angeles, San
Jose, and San Diego have implemented this type of program; and the Board of Appeals and
Advisors unanimously approved the proposed program. Code Enforcement Manager Leper
stated that he had interacted with major lenders and the national associations that deal with
financially distressed properties.
Councilmember McCann asked the number of abandoned properties in the City last year and
about the mechanism the City would use to ensure that foreclosed properties would be registered.
Assistant Director Remp replied that there were approximately 22 properties in default or
foreclosure in the City. Code Enforcement Manager Leper replied that enforcement mechanisms
would be applied through the City's Municipal Code.
ACTION:
Councilmember Castaneda moved to adopt Resolution No. 2007-192 and to place
the Ordinance on first reading, headings read, texts waived:
A. RESOLUTION NO. 2007-192, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER
X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE
B. ORDINANCE OF THE CITY OF CHULA VISTA REQUIRING THE
REGISTRATION OF ABANDONED RESIDENTIAL PROPERTIES
(FIRST READING)
Councilmember Ramirez seconded the motion, and it carried 3-0-1 with Councilmember
McCann voting no.
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July 17, 2007
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
There were none.
17. MAYOR'S REPORTS
A.
Consideration of ratification of the appointment of Maria Zadorozny to the
Human Relations Commission.
B.
Consideration of the reappointment of Cesar Padilla to the Mobilehome Rent
Review Commission.
ACTION:
Councilmember McCann moved to ratify the appointment of Maria Zadorozny to
the Human Relations Commission and the reappointment of Cesar Padilla to the
Mobilehome Rent Review Commission. Councilmember Castaneda seconded the
motion, and it carried 4-0.
18. COUNCIL COMMENTS
With reference to Item 12, Councilmember McCann stated that the City should strive to keep
fees lower, and he asked staff to schedule a discussion at the next Council budget workshop on
full-cost recovery. Councilmember McCann also stated he attended the recent Borders grand
opening, and he thanked stafffor efforts to bring the bookstore to the City.
At 8:57 p.m., Mayor Cox recessed the meeting to Closed Session.
CLOSED SESSION
19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Two Cases
These items were not discussed, and no action was taken.
ADJOURNMENT
At 9: I 0 p.m., Mayor Cox adjourned the Council to an adjourned regular meeting on July 23,
2007, at 7:00 p.m. in the Executive Conference Room, and thence to the special meeting of July
24,2007, at 6:00 p.m. in the Council Chambers; and the Housing Authority until further notice.
--------
Lorraine Bennett, CMC, Deputy City Clerk
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July 17, 2007