Loading...
HomeMy WebLinkAboutcc min 2002/07/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 23, 2002 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATHS OF OFFICE: BOBBY PRICE - VETERANS ADVISORY COMMISSION PETER MORLON - DESIGN REVIEW COMMISSION VICKI MADRID AND DAN HOM - PLANNING COMMISSION City Clerk Bigelow administered the oaths of office to Commissioners Price, Madrid, and Hom; and Deputy Mayor Padilla presented them with certificates of appointment. Commissioner Peter Morlon was not present at the meeting. · PRESENTATION OF A PROCLAMATION PROCLAIMING JULY AS PARKS AND RECREATION MONTH TO SHARON WAYLAND, OPEN SPACE INSPECTOR; AGNES BERNARDO, PARKS SUPERVISOR; TONY RAMOS, RECREATION SUPERVISOR; MARY HOFMOCKEL, PRINCIPAL LANDSCAPE ARCHITECT; KEITH QUIGLEY, DASH COORDINATOR; AND LINETTE NOVAK, STRETCH COORDINATOR Recreation Director Martin introduced the abovementioned staffmembers. Mayor Horton then read the proclamation, and Deputy Mayor Padilla presented staffwith proclamations. · PRESENTATION OF A PROCLAMATION PROCLAIMING THE WEEK OF JULY 14, 2002 AS NATIONAL AQUATIC WEEK TO MARK BASNIGHT, AQUATICS COORDINATOR Deputy Mayor Padilla presented Aquatics Coordinator Basnight with a proclamation. SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION OF A PROCLAMATION COMMENDiNG SERGEANT TORRANCE CARRINGTON, OFFICER JAMES SIFUENTES, SOUTHWESTERN COLLEGE NURSE ALICIA PEREGRINO AND STUDENT KRISTINA KINGSBURY FOR SAVING THE LIFE OF MARK LEONELLI, SOUTHWESTERN COLLEGE STUDENT Fire Chief Perry described the life-saving incident, and Deputy Mayor Padilla presented proclamations to the abovementioned police officers and citizens. · PRESENTATION OF A PROCLAMATION COMMENDING WILLIAM AND KAREN WOODWARD, DISPATCHER GUY IMPASTATO, AND PARAMEDICS CARLOS FLORES AND LAURA ELLIOTT FOR SAVING MALIK WOODS FROM DROWNING ON APRIL 5, 2002 Fire Chief Perry explained the quick response time and teamwork of all those involved in the rescue of Malik Woods. Mayor Horton then read the proclamation, and Deputy Mayor Padilla presented proclamations to the above-mentioned persons. · PRESENTATION BY THELLA BOWENS, iNTERIM EXECUTIVE DIRECTOR OF THE SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY, REGARDING THE PROGRESS OF THE AIR TRANSPORTATION ACTION PROGRAM Ms. Bowens presented a report regarding the progress of the air transportation action program, which included short-term and long-term strategies. Councilmember Rindone asked that rapid transit access to the airport be a top priority for consideration. He also asked that consideration be given to the fact that San Diego is on the Pacific Rim and the airport should be sited so that destination flights could originate from San Diego, rather than commuting to Los Angeles, which would also reduce traffic within that corridor. CONSENT CALENDAR (Items 1 through 10) City Manager Rowlands requested that Item #6 A and B be removed from the Consent Calendar and considered as an Action Item. Regarding Item #7, Deputy Mayor Padilla requested a report on the cause of recent CMP failures, including a list of those in recent years and their locations. 1. APPROVAL OF MINUTES of July 9 and July 11, 2002. Staffrecommendation: Council approve the minutes. 2. ORDiNANCE NO. 2861, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 25-MPH SPEED LIMIT ON SILVERADO DRiVE, BETWEEN CLUBHOUSE DRIVE AND SOUTH GREENSVIEW DRiVE, AND ADDiNG THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER MAiNTAINED BY THE OFFICE OF THE CITY ENGiNEER Page 2 - Council Minutes 07/23/02 CONSENT CALENDAR (Continued) Based on the provisions of Division 11, Chapter 7, Article 1 and Division 17, Chapter 3, Article 1 of the California Vehicle Code, and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones," the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Silverado Drive, between Clubhouse Drive and South Greensview Drive, should be established at 25-mph. This speed limit will be added to Schedule X of the register maintained in the office of the City Engineer. (Director of Public Works) Staff recommendation: Council place the ordinance on second reading for adoption. 3. RESOLUTION NO. 2002-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION OF FiVE APPLICATIONS FOR THE "SAFE ROUTES TO SCHOOL" PROGRAM GRANTS - THIRD CYCLE The City has submitted five applications to the California Department of Transportation (CalTrans) for the Safe Routes to School Program. This program uses federal transportation funds for the construction of bicycle and pedestrian safety and traffic calming projects. Projects are chosen and then approved for funding after the applications have been evaluated and assigned a priority by CalTrans. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2002-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE SUBMITTAL OF THE BATTERY BACKUP SYSTEM (BBS) GRANT APPLICATION RELATING TO THE PURCHASE OF UNINTERRUPTIBLE POWER SYSTEMS FOR TRAFFIC SIGNALS (PROJECT TF-293) The California Energy Commission has an incentive program that offers a partial rebate to public agencies for the installation of traffic signal uninterruptible power supply (UPS) systems. In order to qualify for the rebate, the proposed UPS must be installed at traffic signals that are already equipped with light emitting diode (LED) lamps. The City is in a position to receive a rebate of up to $327,778.50 as a result of submitting the subject grant application. The purchase of the equipment is the final step of the City's overall planned project to retrofit existing traffic signals with LIPS equipment. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2002-250, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH SAN DIEGO EXPRESSWAY LIMITED PARTNERSHIP (SDELP), TRIMARK SAN MIGUEL RANCH, LLC, AND THE CITY OF CHULA VISTA, REGARDING THE CONSENT TO TRANSFER OF RIGHT OF WAY FOR THE CONSTRUCTION AND OPERATION OF STATE ROUTE 125 SOUTH TOLL ROAD, APPROViNG THE MEMORANDUM OF UNDERSTANDiNG, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTS Page 3 - Council Minutes 07/23/02 CONSENT CALENDAR (Continued) San Diego Expressway Limited Partnership, as assignee of California Transportation Ventures, Inc., has been negotiating an agreement with the City and Trimark San Miguel Ranch, LLC for the consent to transfer right-of-way necessary for the construction and operation of the SR-125 south toll road through San Miguel Ranch. The proposed resolution approves the agreement and memorandum of understanding. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. This item was considered as an Action Item, following Item #16, below. 7. RESOLUTION NO. 2002-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE EXPENDITURE OF FUNDS FOR THE "EMERGENCY STORM DRAIN REPAIR SOUTH OF EAST PALOMAR, WEST OF NACION" PROJECT AND THE "EMERGENCY STORM DRAIN REPAIR, EAST RIENSTRA STREET, WEST OF MARL COURT" PROJECT BY THE DIRECTOR OF PUBLIC WORKS AND APPROPRIATING $214,715 FOR SAID EMERGENCY PROJECTS FROM THE UNAPPROPRIATED BALANCE OF THE RESIDENTIAL CONSTRUCTION TAX FUND On January 10 and January 11, 2002, corrugated metal pipe (CMP) failures occurred at two roadway crossings, East Palomar Street west of Nacion Avenue, and East Rienstra Street between Melrose Avenue and Marl Court. Both of these CMP failures, if not repaired, would have resulted in the failure of the roadways that they cross. Therefore, staff tmdertook emergency measures, as provided in Section 1009 of the City Charter, to repair the pipes in order to protect the roadway and the general public. Now that the repairs have been completed and final costs are known, staff recommends that $214,715 be appropriated from the tmappropriated balance of the residential construction tax fund to reimburse these projects. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 8 A. RESOLUTION NO. 2002-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE INCLUDED IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE-III - WOODS, VISTAS AND LAND SWAP) B. RESOLUTION NO. 2002-253, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE-III WOODS, VISTAS AND LAND SWAP) AND DESIGNATE TWO IMPROVEMENT AREAS THEREiN AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES C RESOLUTION NO. 2002-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE III - WOODS, VISTAS AND LAND SWAP) Page 4 - Council Minutes 07/23/02 CONSENT CALENDAR (Continued) D. RESOLUTION NO. 2002-255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ISSUE BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE III - WOODS, VISTAS AND LAND SWAP) FOR IMPROVEMENT AREA A AND IMPROVEMENT AREA B THEREOF TO BE SECURED BY SPECIAL TAXES LEVIED WITHIN EACH RESPECTIVE IMPROVEMENT AREA TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN FACILITIES The EastLake Company, LLC has requested that the City initiate proceedings to form Community Facilities District No. 06-1 (EastLake III --Woods, Vistas and Land Swap parcel) and designate two improvement areas for the purpose of financing the acquisition or construction of public facilities serving the properties within EastLake ownership. Adoption of the proposed resolutions approves a boundary map of CFD No. 06-1 and each improvement area; declares the intent of the City Council to form CFD No. 06-1 and designates the improvements therein; describes the improvements authorized to be financed by CFD No. 06-I; declares the intention of the City Council to authorize the levy of special taxes within each improvement area pursuant to separate rates and methods of apportionment of such special taxes for each improvement area to finance such improvements; declares the intention of the City Council to authorize CFD No. 06-I to incur a bonded indebtedness for each improvement area; directs the special tax consultant to prepare the Special Tax Report; and sets the public hearing for this Community Facilities District for September 10, 2002. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2002-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH MELHORN CONSTRUCTION TO DESIGN AND CONSTRUCT THE DAViD A. WERGELAND SHARK AND RAY EXPERIENCE EXHIBIT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING $688,841 TO CAPITAL IMPROVEMENT PROGRAM PROJECT NO. GG-176 FROM THE AVAILABLE FUND BALANCE 1N THE GENERAL FUND Capital Improvement Program Project No. GG-176 involves the demolition and reconstruction of the Nature Center's popular shark and ray exhibit. Following an aggressive capital campaign and preliminary design period for a new state-of-the-art exhibit, the project has been bid and is ready to begin the final design and construction phase. Adoption of the resolution awards a design-build agreement to Melhom Construction for the new exhibit and appropriates the necessary funds. (Director of Building and Park Construction) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes 07/23/02 CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2002-257, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND TRISTAR RISK MANAGEMENT FOR THIRD-PARTY ADMINISTRATION (TPA) OF THE CITY'S WORKERS' COMPENSATION CLAIMS AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Since August 1995, the City has contracted for third-party administration of its workers' compensation claims with Tristar Risk Management via a joint pumhase agreement through the City's insurance pool, the San Diego Pooled Insurance Authority. In order to ascertain that the City is receiving the best value, a Request for Proposal for third-party administration services was issued. As a result of this process, Staff determined that it is in the City's best interest to contract for third-party administrative services, versus bringing this function in-house; and that it is more beneficial to the City to contract for these services as opposed to using the current joint purchase arrangement. (Director of Human Resources) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone moved to approve staff's recommendations and offered Consent Calendar Items #1 through #5 and #7 through #10, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Steve Molski complimented City Manager Rowlands for taking prompt action to correct a roadway safety hazard on F Street, west of Broadway. He also expressed concern about several red curb zones, referencing, as an example, a two-hour parking sign posted within a red curb zone in front of Pep Boys on Broadway. Mr. Molski suggested that staff evaluate where red curbs are needed and then clearly paint those curbs to avoid confusion. Darlene Davis expressed concern regarding the upcoming San Diego Unified Port District regulations on taxicabs. At 6:55 p.m., Mayor Horton recessed the City Council meeting and convened the Redevelopment Agency meeting. The Council meeting reconvened at 7:00 p.m. PUBLIC HEARINGS 11. CONSIDERATION OF TESTIMONY REGARDING THE FISCAL YEAR 2002/2003 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD MAINTENANCE DISTRICT AND EASTLAKE MAINTENANCE DISTRICT NO. 1 Page 6 - Council Minutes 07/23/02 PUBLIC HEARINGS (Continued) The City administers approximately 25 open space districts established over the last thirty years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting from that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for ongoing and proposed open space maintenance. Adoption of the proposed resolution continues the process for Fiscal Year 2002/2003. The City Engineer has prepared and filed reports on assessments for all existing open space districts. On June 11, 2002, the Council approved the reports and set a public heating, as required by law, for 6:00 p.m. on this date to take testimony on the proposed assessments. (Director of Public Works) Notice of the heating was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Public Works Director Lippitt informed the Council that all assessments for this year have decreased by 3.01percent. Mayor Horton opened the public hearing. With no members of the public wishing to speak, she then closed the heating. ACTION: Councilmember Davis offered Resolution Nos. 2002-258 and 2002-259, headings read, texts waived: RESOLUTION NO. 2002-258, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERiNG CERTAiN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED; APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS, AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 2002/2003 FOR OPEN SPACE DISTRICTS 1 THROUGH 9, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD MAINTENANCE DISTRICT, AND EASTLAKE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 2002-259, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 BUDGET BY APPROPRIATING $5,259 FROM THE UNAPPROPRIATED FUND BALANCE OF OPEN SPACE DISTRICT 23 FOR iNCREASED COSTS iN CONTRACTUAL SERVICES FOR MAINTENANCE The motion carried 5-0. 12. CONSIDERATION OF TESTIMONY REGARDiNG THE FISCAL YEAR 2002/2003 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 10 Page 7 - Council Minutes 07/23/02 PUBLIC HEARiNGS (Continued) This is one of three companion items to agenda item 1 l, which gives all the background information and details on open space districts in general applicable to this item, but does not include specific information on Open Space Districts 10, 11 and 14. Based upon the advice of the City Attorney, agenda items 12, 13 and 14 have been separated from agenda item 11 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this District. (Director of Public Works) Notice of the heating was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Mayor Horton opened the public heating. With no members of the public wishing to speak, she then closed the heating. ACTION: Councilmember Rindone offered Resolution No. 2002-260, heading read, text waived: RESOLUTION NO. 2002-260, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERiNG CERTAiN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAiNTAiNED, APPROVING MODIFICATIONS TO THE ENGiNEER'S REPORTS AND LEVYiNG ASSESSMENTS FOR FISCAL YEAR 2002/2003 FOR OPEN SPACE DISTRICT 10 The motion carried 4-0-1, with Councilmember Salas abstaining due to the proximity of her residence to the district. 13. CONSIDERATION OF TESTIMONY REGARDiNG THE FISCAL YEAR 2002/2003 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 11 This is one of three companion items to agenda item 11, which gives all the background information and details on open space districts in general applicable to this item, but does not include specific information on Open Space Districts 10, 11 and 14. Based upon the advice of the City Attorney, agenda items 12, 13 and 14 have been separated from agenda item 11 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this District. (Director of Public Works) 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 thc notice. Mayor Horton opened the public hearing. With no members of the public wishing to speak, she then closed the heating. ACTION: Councilmember Salas offered Resolution No. 2002-261, heading read, text waived: Page 8 - Council Minutes 07/23/02 PUBLIC HEAR1NGS (Continued) RESOLUTION NO. 2002-261, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2002/2003 FOR OPEN SPACE DISTRICT 11 The motion carried 4-0-1, with Deputy Mayor abstaining due to the proximity of his residence to the district. 14. CONSIDERATION OF TESTIMONY REGARDING THE FISCAL YEAR 2002/2003 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 14 This is one of three companion items to agenda item 11, which gives all the background information and details on open space districts in general applicable to this item, but does not include specific information on Open Space Districts 10, 11 and 14. Based upon the advice of the City Attorney, agenda items 12, 13 and 14 have been separated from agenda item 11 due to conflict of interest concerns. One Councilmember owns property subject to the proposed assessment in this District. (Director of Public Works) Notice of the heating was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Horton opened the public heating. With no members of the public wishing to speak, she then closed the heating. ACTION: Deputy Mayor Padilla offered Resolution No. 2002-262, heading read, text waived: RESOLUTION NO. 2002-262, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORTS AND LEVYiNG ASSESSMENTS FOR FISCAL YEAR 2002/2003 FOR OPEN SPACE DISTRICT 14 The motion carried 4-0-1, with Councilmember Davis abstaining due to the proximity of her residence to the district. 15. CONSIDERATION OF APPROVAL OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 9 - Council Minutes 07/23/02 PUBLIC HEARINGS (Continued) Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. (Assistant City Manager Powell) 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 City Manager Powell announced that 72 additional accounts, worth $20,000, have been cleared, with a final tally of 221 delinquent accounts valued at $82,000. Mayor Horton opened the public heating. With no members of the public wishing to speak, she then closed the heating. ACTION: Councilmember Salas offered Resolution No. 2002-263, heading read, text waived: RESOLUTION NO. 2002-263, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 5-0. 16. CONSIDERATION OF APPROVAL OF (1) GPA 02-07, AN APPLICATION TO AMEND THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION OF APPROXIMATELY 16.4 ACRES AT THE SOUTHEAST CORNER OF EASTLAKE PARKWAY AND SR-125 FREEWAY FUTURE ALIGNMENT; AND (2) PCM 01-15, AN APPLICATION TO AMEND THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND EASTLAKE II PLANNED COMMUNITY DISTRICTS REGULATIONS AND LAND USE DISTRICTS MAP AND ADOPT A NEW SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR THE 68.1 ACRES TO BE KNOWN AS THE "VILLAGE CENTER NORTH SUPPLEMENTAL SPA" The applicant, EastLake Development Company, submitted applications to: 1) amend the City's General Plan to change the land use designation of approximately 16.4 acres at the southeast comer of EastLake Parkway and the future State Route 125 freeway from Retail Commercial to Research and Limited Manufacturing; 2) amend the EastLake II General Development Plan to change the land use designation of 16.4 acres at the southeast comer of EastLake Parkway and State Route 125 freeway (future alignment) from Public/Quasi-Public to Research and Limited Manufacturing; 14.2 acres on the west side of EastLake Parkway from Public/Quasi-Public to Commercial Retail; and 2.0 acres at the southeast comer of Fenton Street and EastLake Parkway from Research and Limited Manufacturing to Professional & Administrative Commercial; and 3) amend the EastLake II Planned Community District Regulations to accommodate thc changes in land use. The applicant is also requesting approval of a new Sectional Planning Area plan and associated regulatory documents for the 68.1 acres to be known as the Village Center North Supplemental SPA. The new SPA contains Design Guidelines, Public Facilities Finance Plan, Water Conservation and Air Quality Improvement Plans. (Director of Planning and Building) Page 10 - CouncilMinutes 07/23/02 PUBLIC HEARINGS (Continued) Notice of the heating was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Project Planner Donn presented the Eastlake Village Center North proposal. Environmental Review Coordinator Ponseggi provided a brief overview of the mitigated negative declaration for the project, addressing the examination of traffic by the Planning Commission. At 7:28 p.m., Mayor Horton left the dais. Deputy Mayor Padilla opened the public heating. There being no members of the public wishing to speak, he then closed the hearing. ACTION: Councilmember Salas offered Ordinance No. 2863 for first reading and Resolution No. 2002-264 for adoption, headings read, texts waived: ORDiNANCE NO. 2863, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP RESOLUTION NO. 2002-264, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGAT1VE DECLARATION AND MITIGATION MONITORiNG AND REPORTING PROGRAM IS-01-042; APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP; AND ADOPTiNG A NEW SECTIONAL PLANN1NG AREA PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 68.1 ACRES AT THE NORTHEAST AND NORTHWEST CORNERS OF OTAY LAKES ROAD AND EASTLAKE PARKWAY The motion camed 4-0, with Mayor Horton absent from the dais. Mayor Horton returned to the dais at 7:40 p.m. ACTION ITEMS 6. A. RESOLUTION NO. 2002-265, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF AN ACQUISITION/FiNANCING AGREEMENT PERTAINING TO IMPROVEMENT AREA A IN COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) Page 11 - Council Minutes 07/23/02 ACTION ITEMS (Continued) B. RESOLUTION NO. 2002-266, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT FOR IMPROVEMENT AREA A THEREOF, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAiN ACTIONS iN CONNECTION WITH THE ISSUANCE OF SUCH BONDS. Adoption of the proposed resolutions approves the acquisition/financing agreement with NNP-Trimark San Miguel Ranch, LLC, establishing the procedure for acquiring the improvements from the developer, which will require each of the projects to be completed before acquisition and reimbursement. In addition, adoption of the resolutions authorizes the issuance of special tax bonds of Community Facilities District No. 2001-1 in the amotmt of $14,100,000, and approves the form of certain documents related to the issuance of the bonds, including a Bond Indenture, Bond Purchase Contract and Preliminary Official Statement. (Director of Public Works) ACTION: Councilmember Davis offered Resolution Nos. 2002-265 and No. 2002-266, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 17. CITY MANAGER'S REPORTS There were none. 18. MAYOR'S REPORTS A. Ratification of appointment of John Chavez to the Resoume Conservation Commission ACTION: Mayor Horton moved to ratify the appointment of John Chavez to the Resource Conservation Commission. Councilmember Davis seconded the motion, and it carried 5-0. B. Ratification of appointment of John Liken as the Sweetwater/Bonita representative to the Growth Management Oversight Commission ACTION: Mayor Horton moved to ratify the appointment of John Liken to the Growth Management Oversight Commission. Councilmember Davis seconded the motion, and it carried 5-0. Mayor Horton reported that Chula Vista resident Joseph W. Odenthal is still missing. She gave his description and asked the community to contact the Chula Vista Police Department with any information. 19. COUNCIL COMMENTS There were none. Page 12 - Council Minutes 07/23/02 CLOSED SESSION 20. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One case No action was taken on this item. ADJOURNMENT At 9:15 p.m., Mayor Horton adjourned the meeting to the Regular Meeting o£August 6, 2002, at 4:00 p.m. in the Council Chambers. Susan Bigelow, CMC, City Clerk Page 13 - Council Minutes 07/23/02