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HomeMy WebLinkAboutcc min 2007/10/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 9, 2007 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: Councilmembers: Rindone (excused) ALSO PRESENT: City Manager Garcia, 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 . OATH OF OFFICE Johnny Flores, Ex-Officio - Youth Action Council City Clerk Bigelow administered the oath of office to Johnny Flores, and Councilmember McCann presented him with a certificate of appointment. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO MORGAN BLACK OF "I LOVE A CLEAN SAN DIEGO," PROCLAIMING SATURDAY, OCTOBER 6, 2007 AS THE FIFTH ANNUAL BEAUTIFY CHULA VISTA DAY Mayor Cox read the proclamation, and Councilmember Ramirez presented it to Morgan Black and Pauline Martison. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TIM COLBY, PROCLAIMING OCTOBER 9, 2007 AS TIM COLBY DAY IN CHULA VISTA Mayor Cox read the proclamation, and Councilmember McCann presented it to Tim Colby. CONSENT CALENDAR (Items 1 through 2) Councilmember McCann asked staff to correct the minutes of the Special Meetings of July 24, 2007, to reflect his absence as excused. 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of June 19, 2007, the Regular Meeting of July 10,2007, the Adjourned Regular Meeting of July 11,2007, the Special Meeting of July 12, 2007, the Adjourned Regular Meetings of July 17 and July 23,2007, and the Special Meetings of July 24,2007. Staff recommendation: Council approve the minutes. CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2007-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $329,999 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE 2007 EDWARD BYRNE MEMORIAL DISCRETIONARY GRANT AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND (4/5THS VOTE REQUIRED) The Police Department recently received notice of its fiscal year 2007 Edward Byrne Memorial discretionary grant award from the Bureau of Justice Assistance. The $329,999 award relates to a l2-month project called the Chula Vista Violent Crime Project. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staff's recommendations and offered the Consent Calendar, as amended to include the correction to the July 24 minutes, headings read, texts waived. Councilmember McCann seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Richard Roy, Chula Vista resident, submitted a copy of his e-mail to the Mayor's Office regarding concerns about gangs, violence, vandalism, and code violations in his neighborhood. He asked what the City was doing about the problems and for Council assistance in solving them. He then asked why the City was performing street repairs on Kearny Street, a low traffic street, while the more heavily traveled north and south streets remained full of potholes. Mayor Cox referred the matter to the City Manager's Office for a response. Dolores Dempsey, representing residents of 32 mobile home parks in Chula Vista, asked the Council to consider the position and needs of park residents prior to making decisions on rezoning any or all of the 32 parks to high-density land use. She stated that prior to any rezoning, park owners needed to pay fair market value and relocation costs for the low-income families. She asked the Council to maintain mobile home park zoning in the City. Mayor Cox referred the matter to the City Manager's Office for a response. Parks Pemberton spoke about the power plant and water supplies for the City. He suggested looking at a new power plant, a desalination plant, and a fresh water source, and involving the Chamber of Commerce regarding these issues. Councilmember Castaneda mentioned a recent newspaper article regarding a fire at the South Bay power plant. He asked the City Manager to have the Fire Chief present a report to the Council regarding what occurred and the condition of the facility. Theresa Acerro, representing the Chula Vista Southwest Civic Association, expressed concerns about parking and traffic related to the proposed Bay Vista Walk project on Palomar Street and believed the project would provide an opportunity for community input and involvement in the southwest area. She further stated that residential was a poor use of redevelopment for an important gateway. Page 2 - Council Minutes October 9, 2007 PUBLIC HEARINGS 3. CONSIDERATION OF ADOPTION OF AN ORDINANCE ALLOWING TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY AND A RESOLUTION AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE This item was the result of requests and inquiries from numerous individuals concerned about the ability of real estate agents, especially in newer Chula Vista communities, to adequately advertise open houses, which has become increasingly important with the housing market situation, due to current restrictions in the Municipal Code. Adoption of the ordinance establishes a new chapter in Title 12 regulating the temporary placement of portable signs in the public rights-of-way, and establishes a fee in the master fee schedule to cover 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. Mayor Cox stated that Items 3 and 4 would be combined and heard at one time. Code Enforcement Manager Leeper presented the report on the temporary placement of portable signs in designated portions of the public rights-of-way. Mayor Cox opened the public hearings for Items 3 and 4. Rich d' Ascoli, representing the Pacific Southwest Association of Realtors, supported the proposed ordinance and expressed the need to enact it as expediently as possible. Isabel Hall, representing McMillin Realty, supported the proposed ordinance, stating that she believed it would be embraced by many cities over the next few years. She also stated that the City currently has approximately 3,200 homes for sale, with approximately 200 pending, and that open houses were one vehicle to sell properties. The proposed ordinance would be an advantage for sellers, as well as for buyers, and time was of the essence in moving forward with the proposed ordinance. Patti McKelvey, representing McMillin Realty, stated that her experience with open house signage has been successful, and she urged the Council to enact the proposed ordinance as soon as possible. Mike Spethman supported the proposed ordinance, stating that anything the City could do to help citizens in dire straights due to the current housing market would be appreciated. There being no further members of the public who wished to speak, Mayor Cox closed the public hearings. Councilmember McCann suggested that once the proposed ordinance was enacted, that the staff create a pamphlet for permit applicants that would include both literature and photographic examples of the signage rules and regulations. With regard to the proposed signage fees, he suggested a flat fee of $25 per permit for up to five signs, which would keep the fees reasonable and have a positive affect on the smaller realtors who may not be able to sell as many homes. Staffmember Leeper responded that there was no maximum number of permits that could be issued to an individual; the maximum of five was under the current ordinance. Councilmember Page 3 - Council Minutes October 9, 2007 PUBLIC HEARINGS (continued) McCann then suggested a $25 permit fee for up to five signs, and thereafter, $25 permit fee per sign. Councilmember Ramirez stated he did not believe the proposed permit fees would not be intrusive to small businesses. ACTION: Councilmember McCann moved to place the ordinance for Item 3A on first reading, adopt the Resolution for Item 3B as amended to change the fees to $25 up to five signs, and $25 per sign thereafter, and to place the ordinance for Item No.4 on first reading. Councilmember Castaneda seconded the motion for discussion. Councilmember Castaneda stated he was satisfied with the proposed ordinance, and would not support a reduction in the license fee. He stated that he would not be adverse to revisiting the matter in six months, but believed it was important to move forward with the proposed ordinance, provide staff with the necessary resources to adequately enforce the ordinance, and service the industry to provide them the response they are looking for. Councilmember McCann then withdrew his motion. Mayor Cox suggested that the City work towards the estimated $62,500 in potential revenue for the permit fee, and if after a year of assessment, if staff determined that this was not as efficient, then the matter would be reviewed and addressed. Councilmember McCann requested and Council concurred, to bifurcate Item No. 3A and 3B, and to take a separate vote on Item No.4. ACTION: A. ACTION: B. Councilmember McCann moved to place the following ordinance on first reading, heading read, text waived. ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE TEMPORARY PLACEMENT OF PORTABLE SIGNS IN DESIGNATED PORTIONS OF THE PUBLIC RIGHTS-OF-WAY WITH A PERMIT (FIRST READING) Councilmember Castaneda seconded the motion and it carried 4-0, with Deputy Mayor Rindone absent. Councilmember Ramirez moved to adopt the following Resolution No. 2007-250, heading read, text waived: RESOLUTION NO. 2007-250, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE Councilmember Castaneda seconded the motion and it carried 3-1, with Councilmember McCann voting no, and with Deputy Mayor Rindone absent. Direction was given by Council to staff to review the permit fee during the next budget review cycle. Page 4 - Council Minutes October 9, 2007 _,uoll PUBLIC HEARINGS (continued) 4. CONSlDERA TJON OF ADOPTION OF AN ORDINANCE AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 This item is being brought forward in conjunction with the proposal to establish a program to regulate the temporary placement of portable signs in the public rights-of- way. In order to facilitate the new program, amendments to Chula Vista Municipal Code Sections 19.60.060 and 19.60.600 must be put in place to avoid contradictions, and establish maximum height requirements for "for sale" signs in residential zones that reflect industry practice and standard. (Planning and Building Director) ACTION: Councilmember McCann moved to place the following ordinance on first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE DEFINITIONS IN TITLE 19 SECTIONS 19.60.060 AND 19.60.600 (FIRST READING) Councilmember Castaneda seconded the motion and it carried 4-0, with Deputy Mayor Rindone absent. OTHER BUSINESS 5. CITY MANAGER'S REPORTS City Manager Garcia informed the Council that the initial recommendations by staff on the City's budget reductions were completed. He stated that he had met with City department heads on the proposed reductions, and would be meeting the City Unions later in the week to review the details of the proposed reductions. He stated that a Council Workshop was scheduled for November 1, 2007 to discuss the proposed budget reductions. Furthermore, he would be meeting with the Growth Management Oversight Commission (GMOC) to provide comments to the Council in terms of potential impacts ofthe budget reductions on GMOC thresholds. 6. MAYOR'S REPORTS Mayor Cox stated that the Budget Subcommittee had met and would be offering recommendations at the November 1 st workshop, with suggestions on the different ways to approach a 10 percent budget reduction in the Office of the Mayor and Council. Mayor Cox, speaking on behalf of Deputy Mayor Rindone, apologized for his absence at the meeting due to his attendance at the Metropolitan Transit System meeting, and she reported that he had attended and participated in the recent Beautify Chula Vista event. Mayor Cox congratulated staff for the success of the recent Go Green and Clean event that included the light bulb exchange program. Page 5 - Council Minutes October 9, 2007 7. COUNCIL COMMENTS Councilmember McCann recognized Environmental Services Program Manager France and staff, on the success of the Green and Clean event that offered the opportunity for citizens to recycle their old or unused electronic items and computers. He then spoke of the success of the recent Beautify Chula Vista event, and then announced that the City's Christmas in October event would be held on Saturday, October 13, 2007. Anyone interested in volunteering for the event may contact the Office of the Mayor and Council at 691-5044, or bye-mail at imccann{aichulavistaca.l!ov. ADJOURNMENT At 7:27 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 16,2007 at 6:00 p.m. in the Council Chambers. ::::--- ~.. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 6 - Council Minutes October 9, 2007