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Home My WebLink About2009/12/15 Item 14 CITY COUNCIL AGENDA STATEMENT ~(~ CITY OF ~CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: DECEMBER IS, 2009, Item~ PUBLIC HEARlNG TO CONSIDER ADOPTION OF AN ORDINANCE TO ALLOW THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2010 ANNUAL REPORT TO BE FOCUSED ON FIVE OF THE GROWTH MANAGEMENT PROGRAM'S QUALITY OF LIFE ISSSUES. ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2010 ANNUAL REPORT TO BE FOCUSED ON FIVE OF THE GROWTH MANAGEMENT PROGRAM'S ELEVEN QUALITY OF LIFE ISSUES, INCLUDING: FIRE, FISCAL, LIBRARIES, POLIS5,pND TRAFFIC DEPUTY CITY MANAG~l)EVELOPMENT SERVICES DIRECTOR CITY MANAGER r- 4/5THS VOTE: YES D NO I X I SUMMARY The Chula Vista Municipal Code (CVMC) requires the Growth Management Oversight Commission (GMOC) prepare an annual report, focusing on eleven quality of life issues. This ordinance is a one-time change that would allow the 20 I 0 GMOC Annual Report to be abbreviated by focusing on five of the eleven quality of life issues including: Fire, Fiscal, Libraries, Police and Traffic. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with ~~ the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. 14-1 Item No.: /f Meeting Date: 12-15-09 Page 2 RECOMMENDATION That the City Council conduct the public hearing and adopt the ordinance. .1 BOARDS/COMMISSION RECOMMENDATION At the October 8, 2009 GMOC meeting, the GMOC rejected an ordinance amendment that would change the GMOC review cycle from annual to biennial, and instead, recommended that they prepare an abbreviated 2010 report, focusing on five of the eleven quality of life issues. At the November 18, 2009 Planning Commission meeting by a vote of 4-2-1, the Planning Commission approved Resolution PCM-09-25, recommending that the City Council adopt the ordinance allowing the GMOC's 2010 Annual Report to be abbreviated. DISCUSSION City administrators proposed that the GMOC report be done every two years (biennially), rather than annually, due to budget constraints and very low growth in recent years. At the October 8, 2009 GMOC meeting, staff presented an analysis of the proposed changes effects of reviewing the threshold standard biennially, rather than annually. Several members of the public attended the meeting and indicated that they opposed the proposed change to a biennial review cycle, but would support a one-time abbreviated review for the 2010 Annual Report. The GMOC rejected the proposed permanent review cycle change. They concluded that it was important to prepare a 2010 report, even if abbreviated, keeping the emphasis on the quality of life issues where concerns were identified in the 2009 Annual Report, including those that have historically had threshold compliance issues. As a result of their discussion, the GMOC concluded that before they made a permanent decision about the frequency of the reporting cycle, they should explore the issue during the Top-to-Bottom review. They further determined that the Top-to-Bottom review should also look at providing greater flexibility in the thresholds in order to make a reasoned determination on the level of reporting to do for the various thresholds in any given time period (i.e. findings for abbreviated review instead of one-time ordinance) and discuss the potential for any cost savings that may be realized with a streamlined approach to reporting on certain Thresholds. Top-to-Bottom review is a comprehensive review of the Growth Management Program that the City Council directed be done in 2003. The GMOC is in the process of completing the Top-to-Bottom review. As proposed, the 2010 Annual Report would include review of Fire, Fiscal, Libraries, Police and Traffic. Air Quality, Drainage, Parks and Recreation, Schools, Sewer and Water would not be reviewed in the 2010 Report. For several consecutive years, the threshold standards for the issues to be omitted this year have been in compliance. With the low rate of growth, it is anticipated that they would continue to be in compliance for the period covered by the 2010 ~o _I\nnual Report. Preparing an abbreviated annual report is inconsistent with Chapters 2.40 and 19.09 of the CYMC, and requires an ordinance to allow deviation from those sections that require "annual" review, including: 2.40.020; 2.40.030.B., C., and D; 19.09.030.E and F.; 19.09.040.C., F., G., 14-2 Item No.: l"f Meeting Date: 12-15-09 Pa2e 3 H., and 1. Chapter 2.40 specifies that the GMOC shall "provide an independent annual review" and "annually...publish its findings and recommendations." The annual review must consider the quality of life threshold standards and make determinations or recommendations, as appropriate, regarding the following: I. Whether the thresholds have been complied with, on both a project and cumulative basis; 2. Whether each threshold is appropriate for its goal; 3. Whether any new threshold should be adopted for any issue; 4. Whether any new issues should be added to, or deleted from, the thresholds analysis group; 5. Whether the city has been using fees and funds derived from developers for the intended purpose; 6. Whether enforcement is being achieved. The GMOC's annual report is to be forwarded to City Council "through the Planning Commission," according to both Chapters 2.40 and 19.09. The proposed ordinance would allow the GMOC's 2010 Annual Report to exclude the following six quality of life issues from its review on a one-time basis: Air Quality, Drainage, Parks and Recreation, Schools, Sewer and Water. The remaining five (Fire, Fiscal, Libraries, Police and Traffic) would be reviewed as usual, according to the requirements of the CVMC. DECISION-MAKER CONFLlCTS Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section IS704.2(a)(I) is not applicable to this decision. CURRENT YEAR AND ONGOING FISCAL IMP ACT Staff time expenditures incurred in conjunction with preparation of the GMOC's annual report and the proposed ordinance are funded by a combination of Public Facilities Development Impact Fee (PFDIF) and Transportation Development Impact Fee (TDIF) funds. Reduced staff time expenditures resulting from the proposed abbreviated review process are anticipated to result in savings to these fee programs. The PFDIF program does not currently have sufficient funds to reimburse the City for staff costs incurred. These charges will be reimbursed in the future, as funding becomes available. Prepared by: Kimberly Vander Rie, Associate Planner, Development Services Department H:\PLANNfNG\GMOC\Review Cycle Changes\City Council, t2.15.09\Agenda Statement\CC, 12.15.09.doc 14-3 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ALLOWING THE GROWTH MAL"\fAGEMENT OVERSIGHT COMMISSION'S 2010 ANNUAL REPORT TO BE FOCUSED ON FIVE OF THE GROWTH MANAGEMENT PROGRAM'S ELEVEN QUALITY OF LIFE ISSUES, INCLUDING: FIRE, FISCAL, LIBRARIES, POLICE AND TRAFFIC WHEREAS, the Growth Management Oversight Commission (GMOC) met on October 8, 2009 and considered city staffs (staffs) proposal to amend Chapters 2.40 and 19.09 of the Chula Vista Municipal Code (CYMC), changing the GMOC's review cycle from annual to biennial; and WHEREAS, a consequence of amending the review cycle from annual to biennial would be to skip preparation of the 2010 Annual Report and resume reporting in 2011; and WHEREAS, staff explained that the proposed change was due to decreased levels of growth and budget cuts in Chula Vista, and provided an analysis of how the Growth Management Program's quality oflife issues would be affected by biennial review; and WHEREAS, the GMOC rejected staffs proposal to change the review cycle from annual to biennial, deeming it important to conduct a 20 I 0 report, even if abbreviated, and keeping the emphasis on the five quality of life issues where there were concerns identified in the 2009 Annual Report, including those that have historically had threshold compliance issues; and WHEREAS, the GMOC determined that the 2010 Annual Report should include review of Fire, Fiscal, Libraries, Police and Traffic, and that Air Quality, Drainage, Parks and Recreation, Schools, Sewer and Water could be excluded; and WHEREAS, threshold standards for the six quality of life issues to be excluded from the 20 I 0 Annual Report have been in compliance for several consecutive years; and WHEREAS, preparing an abbreviated annual report is inconsistent with Chapters 2.40 and 19.09 of the CYMC and requires an ordinance to allow this deviation; and WHEREAS, a time and place for a hearings on said ordinance were set, and notices of said hearings, together with its purpose, were given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearings; and "'-_"'_0. I 14-4 , i I I I i i 'I :1 ~ WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on November 18, 2009, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the City of Chula Vista to receive the recommendation of city staff and to hear public testimony with regards to the proposal, and the hearing was thereafter closed; and WHEREAS, the Planning Commission did find and determine that the proposed Ordinance (hereinafter "Ordinance") is consistent with the City of Chula Vista General Plan and local, state, and federal law, and that the public necessity, convenience, general welfare and good zoning practice support the requests. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary; and, SECTION II: That the Growth Management Oversight Commission's 2010 Annual Report may focus on five of the Growth Management Program's eleven quality of life issues, including: Fire, Fiscal, Libraries, Police and Traffic, and may deviate from the following sections of the Chula Vista Municipal Code: 2.40.020; 2.40.030.B., C., and D; 19.09.030.E. and F.; 19.09.040.C., F., G., H., and J. SECTION III: That this ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Gary Halbert, AICP, PE Deputy City Manager! Director of Development Services Approved as to form by: _1--.........- (/~~j:f-7l~-.---- / Bart' _=""C'= . ..,--- ;d:i(City Attor=.C ! '~-'''--........... I 'f'; l Presented by: 14-5 2