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HomeMy WebLinkAboutcc min 2008/02/26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 26, 2008 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Moore, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE At 6:04 p.m., Mayor Cox recessed the City Council Meeting to convene the Joint Meeting of the City Council and Redevelopment Agency. The City Council Meeting reconvened at 6:07 p.m., with all members present. SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING CHULA VISTA POLICE LIEUTENANT FRANCIS M. BECKER ON THIRTY- THREE YEARS OF DEDICATED SERVICE TO THE CITY OF CHULA VISTA Police Chief Emerson introduced Lieutenant Becker. Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Lieutenant Becker. Lieutenant Becker then thanked the Mayor and Council for the opportunity to serve the City. . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO CANDY SCHUMANN PROCLAIMING FEBRUARY 26, 2008 AS SPAY AND NEUTER DAY IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember McCann presented it to Ms. Schumann. At this time Mayor Cox announced that Item 5 would be removed from the Agenda at the request of the Legislative Subcommittee. Consideration of the item would be delayed in order to review gaps in the proposed ordinance, such as affordable housing. Page 1 - Council Minutes February 26, 2008 CONSENT CALENDAR (Items 1 through 3) 1. APPROVAL OF MINUTES of the Regular Meeting of February 5, 2008, and the Adjourned Regular Meeting of February 5, 2008. Staff recommendation: Council approve the minutes. 2. A. ORDINANCE NO. 2008-3103, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 14.20.110 OF THE CHULA VISTA MUNICIPAL CODE AND ADDING SECTION 14.20.125 RELATING TO "STORM WATER MANAGEMENT AND DISCHARGE CONTROL" (SECOND READING AND ADOPTION) B. ORDINANCE NO. 2008-3104, ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 15.04.018 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO "EXCA V A TION, GRADING, CLEARING, GRUBBING AND FILLS" (SECOND READING AND ADOPTION) Adoption of the ordinances accomplishes the City's requirements of the San Diego Regional Water Quality Control Board's new National Pollutant Discharge Elimination System Municipal Permit for all County of San Diego Copermittees. Each Copermittee was required to review and upgrade their storm water, grading and other relevant ordinances and standards, as necessary, by March 24, 2008 in order for compliance with the new permit. These ordinances were introduced on February 19,2008. (Public Works Director) Staff recommendation: Council adopt the ordinances. 3. A. RESOLUTION NO. 2008-063, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING FUNDS CONTAINED IN THE FEDERAL OMNIBUS APPROPRIATIONS BILL FOR FISCAL YEAR 2007/2008: $500,000 FOR THE CITY'S SCHOOL ZONE TRAFFIC AND PEDESTRIAN SAFETY PROJECT AND $750,000 FOR THE CITY'S ALTERNATIVE FUEL PILOT PROJECT (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2008-064, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FISCAL YEAR 2008/2009 FEDERAL FUNDING REQUESTS FOR SUBMISSION On January 23, 2007, the City Council approved the submission of a list of 10 projects for which the City would seek state and federal funds during the course of Fiscal Year 2007/2008. Two ofthe projects on that list were approved for federal funding. Adoption of the first resolution accepts the funds. The second half of the 110th congressional session has begun, and City staff has prepared an updated list of projects, which reflect the priorities listed in the Legislative Program adopted by the City Council in December 2007. Adoption of the second resolution approves the 2008/2009 list for submission. (City Manager) Staff recommendation: Council adopt the resolutions. ACTION: Councilmember Ramirez moved to approve staffs recommendations and offered the Consent Calendar, headings read, text waived. Deputy Mayor Rindone seconded the motion and it carried 5-0. Page 2 - Council Minutes February 26, 2008 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Elizabeth Scott, representing Torn Stenvall, Arnswede, Inc., spoke on behalf of Mr. Stenvall and the newly formed Chula Vista Save Our Business Coalition, stating that Mr. Stenvall's business, a recycling company, was closed on November 20th. Ms. Scott requested that the City grant a 30-day extension in order to re-evaluate Mr. Stenvall's business. Mayor Cox referred the matter to staff. Parks Pemberton suggested that there be additional Council representation for the City. He then referenced Letter 10 of the Federalist Papers and spoke about fairness with factions. He also stated that the City's logo should not be represented by any kind of club, such as the Lincoln Club. He spoke about City street potholes, stating that they had not been repaired. Greg Moser, representing Procopio and Earl Jentz, referenced a letter to the City Manager, dated February 15, 2008 regarding the City's studies of the General Plan Protection Initiative, stating that since no impacts from height limits were found on two prior studies requested by the City, staff should avoid the unnecessary expense of another study. PUBLIC HEARINGS 4. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE TO ADD CHAPTER 19.57, OVERLAY DISTRICTS Adoption of the ordinance adds a new chapter to the Chula Vista Zoning Code to establish an overlay district, which limits the building height of any newly constructed buildings or additions to existing buildings to three stories or 45-feet in height. The district would apply to parcels and portions of parcels fronting Third Avenue between E Street and G Street, and would require any newly constructed buildings or additions to existing buildings to utilize nationally recognized "green" building standards. (Planning and Building Director) Councilmember Castaneda stated that he would be abstaining from voting on the item due to the proximity of his property to the overlay district. He then left the dais at 6:31 p.m. and did not return. Assistant Director of Planning Lytle presented the proposed ordinance to add a Chapter to the Municipal Code, to establish an Overlay District on Third Avenue. Mayor Cox explained that the proposed ordinance would create a pilot project by adopting nationally recognized sustainable building standards for Third A venue, from E Street to G Street, purposefully including a 45-feet height limit so that the proposal would not be perceived as an undermining strategy. She also spoke about the many values of building "green". She then introduced Stephen Kapp, representing the California Center for Sustainable Energy, who explained the concept of "green" building and its relevance to the proposed ordinance. Mayor Cox stated that the Legislative Subcommittee believed that the proposed ordinance would give Third A venue positive regional and perhaps state and national exposure. She then asked staff to explain how the ordinance would be implemented as a user-friendly process and whether this would be a component in the review of development applications. City Manager Garcia responded that this was an ideal opportunity to incorporate new processes in to the City's existing development review and approval process. ASSIstant Director of Building and Housing Remp added that two staff members were trained specifically to provide expertise with "green" features. Advanced Planning Manager Batchelder further explained that staff was working Page 3 - Council Minutes February 26, 2008 PUBLIC HEARINGS (Continued) towards updating the City's standards for carbon dioxide reduction and air quality improvement plans for large developments, and would also be looking at Eastern Chula Vista in terms of green building and energy conservation. City Manager Garcia stated that the City was in the process of forming a "Green Team" comprised of a group of City employees from different departments with expertise in environmental issues. Deputy Mayor Rindone stated that the proposed ordinance was a positive step towards enhancing and legislating the quality of life for Third Avenue. Mayor Cox opened the public hearing. The following members ofthe public spoke in opposition to the proposed ordinance: Theresa Acerro, Chula Vista resident Parks Pemberton, Chula Vista resident Leo Miras, representing Environmental Health Coalition Greg Mattson, San Diego resident, representing Third Avenue Village Association Peter Watry, Chula Vista resident, representing Crossroads II Joe Werner, San Diego resident, representing lntergulf Edgardo Moctezuma, Chula Vista resident Juan Pablo Mariscal, San Diego resident, representing 380 Third Avenue Pamela Bensoussan, Chula Vista resident, stated that it was a hurried document that had perhaps resulted in an unintended consequence of the potential loss of the project located at 380 Third Avenue, Chula Vista. She believed that the three story maximum height in the proposed ordinance should be removed and replaced with a 45-feet maximum height only. There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. Deputy Mayor Rindone spoke in support of maintaining a 45 feet height limit, and deleting the three-story height limit. Mayor Cox requested Council consideration to remove all references to height, leaving the Urban Core Specific Plan as is, and focus on "green" building standards. Councilmember Ramirez explained his position on heights throughout the City, stating that discussions on the subject should not be exclusive to heights, but how to achieve community benefits. He spoke in support of "green" standards and requested inclusion in future meetings to discuss the creation of these standards and their incentives for the development community, and also encouraged vigorous civic engagements with the community to redevelop the right way. Councilmember Ramirez stated he could not support the proposed ordinance. Mayor Cox suggested consideration by the Legislative Subcommittee and Council, to defer to the Climate Change Committee for more involvement, and to move towards the City's commitment to going "green". Deputy Mayor Rindone spoke in support of the recommendations by Mayor Cox. Page 4 - Council Minutes February 26, 2008 PUBLIC HEARINGS (Continued) Councilmember Ramirez requested participation as a member of the Climate Change Committee should there be a vacancy. Councilmember McCann suggested that the verbiage in the proposed ordinance regarding the overlay district be changed to read, "Third A venue Overlay District shall not exceed 45 feet". He spoke of the need to include community input on "green" standards and to implement these standards in a cost-effective and environmentally-friendly manner. He also suggested formation of a sub-committee on "green" building. It was the consensus of the City Council to direct the City Manager to bring back, on a periodic basis, updates on the Climate Change Working Group's efforts. ACTION: Mayor Cox moved to refer the concepts discussed to the Climate Change Working Group, and direct the group to incorporate the concepts in to something to be brought back for Council consideration at a future date. Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. No action was taken on the proposed ordinance. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD CHAPTER 19.57, OVERLAY DISTRICTS, AND SECTION 19.57.010 GENERAL PURPOSE AND 19.57.020 THIRD A VENUE OVERLAY DISTRICT ESTABLISHING A THREE STORY OR 45-FOOT MAXIMUM HEIGHT FOR PARCELS AND PORTIONS OF PARCELS FRONTING ON THIRD AVENUE BETWEEN E STREET AND G STREET, AND REQUIRING THAT NEWLY CONSTRUCTED BUILDINGS OR ADDITIONS TO EXISTING BUILDINGS UTILIZE NATIONALLY RECOGNIZED "GREEN" BUILDING STANDARDS (FIRST READING) ACTION ITEMS This item was removed from the agenda at the request of the Legislative Subcommittee. No action was taken. 5. CONSIDERATION OF ADOPTION OF A RESOLUTION ORDERING SUBMISSION TO THE QUALIFIED ELECTORATE OF THE CITY AT THE JUNE 3, 2008 ELECTION, OF A CITY MEASURE RELATING TO GENERAL PLAN HEIGHT PROTECTION FOR SPECIFIED COMMUNITY-BENEFITING USES Adoption of the resolution places a measure on the June 3, 2008 ballot. On February 5, 2008 the Legislative Subcommittee of the Chula Vista City Council, consisting of Mayor Cox and Deputy Mayor Rindone, directed staff to prepare a ballot measure for Council consideration. The measure would amend the City's General Plan regarding the ability to use the established General Plan Amendment process to consider certain community benefiting projects that may propose buildings taller than 84 feet. (City Council Legislative Subcommittee) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORATE OF THE CITY, PURSUANT TO ELECTIONS CODE SECTION 9222, A CITY MEASURE RELATING TO GENERAL PLAN HEIGHT PROTECTION FOR SPECIFIED COMMUNITY-BENEFITING USES, AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, AS CALLED BY RESOLUTION NO. 2008-016 Page 5 - Council Minutes February 26, 2008 OTHER BUSINESS Mayor Cox announced that beginning February 26, 2008, live broadcasting of City Council Meetings would be televised on Cox Channel 24. 6. CITY MANAGER'S REPORTS There were none. 7. MAYOR'S REPORTS There were none. 8. COUNCIL COMMENTS Deputy Mayor Rindone spoke with reference to a past Council referral to staff regarding options for a Health Care Commission and requested that staff revisit the matter and provide a report to Council on functions and first and second year costs of a Health Care Commission. ADJOURNMENT At 8:22 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of the City Council, March 4, 2008, at 4:00 p.m. in the Council Chambers. -?- .-----.c:::.-- ~ r ------ .,,,--- Lorraine Bennett, CMC, Deputy City Clerk Page 6 - Council Minutes February 26, 2008