HomeMy WebLinkAboutcc min 2002/08/06 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
August 6, 2002 4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:09
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 Attomey Kaheny, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY SUSAN BIGELOW, CITY CLERK, OF THE EMPLOYEE OF
THE MONTH, LETICIA LAZO, ADMINISTRATiVE SECRETARY IN THE CITY
CLERK'S OFFICE
City Clerk Bigelow introduced the employee of the month, Leticia Lazo, and Mayor Horton
presented her with a proclamation.
· OATH OF OFFICE: JOHN CHAVEZ RESOURCE CONSERVATION
COMMISSION
Mr. Chavez was not present at the meeting.
CONSENT CALENDAR
(Items I through 19)
Regarding Item #7, Councilmember Salas asked if the cost to remove the salt contaminant found
on the new police facility site was included in the guaranteed maximum pr/ce (GMP) contained
in the contract. Building and Park Construction Director Campbell responded that the cost of
removing the contaminant is outside of the GMP. City Manager Rowlands added that these
types of costs are part of the land acquisition transaction, not part of the building construction.
With reference to Item #15, Councilmember Rindone asked if the San Diego City Council had
considered the letter of intent. City Manager Rowlands replied that thc City of San Diego has
approved the letter.
1. APPROVAL OF M1NUTES of July 23, 2002.
Staff recommendation: Council approve the minutes.
CONSENT CALENDAR (Continued)
2. 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
(SECOND READING AND ADOPTION)
Adoption of the ordinance approves amendments to the EastLake II Planned Community
District Regulations and Land Use Districts Map to change 16.4 acres from Village
Center to Business Center, and changes 2.0 acres from Business Center and Open Space
to Village Center. (Director of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
3 A. RESOLUTION NO. 2002-269, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZiNG THE LEVY OF SPECIAL TAXES FOR
FISCAl_, YEAR 2002/2003 WITHIN' COMMUNII'Y FACILITIES DISTRICTS 97-1,
97-2, 97-3, 98-1, 98-3, 99-1, 99-2, 2000-1 AND 2001-1 AT THE MAXIMUM
AUTHORIZED SPECIAL TAX RATES APPLICABLE TO EACH DISTRICT, AND
DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE
SPECIFIC SPECIAL TAX RATE APPLICABLE TO EACH PARCEL SO LONG AS
SUCH TAX RATE DOES NOT EXCEED THE APPLICABLE MAXIMUM SPECIAL
TAX RATE AUTHORIZED TO BE LEVIED BY THE CITY COUNCIL
B. RESOLUTION NO. 2002-270, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 2002/2003 BUDGET BY
APPROPRIATiNG $453,996 FROM THE UNAPPROPRIATED FUND BALANCE
FOR COMMUNITY FACILITIES DISTRICT 99-2 FOR MAiNTENANCE, AND
ESTABLISHiNG A NEW BUDGET FOR COMMUNITY FACILITIES DISTRICT
99-2
C. RESOLUTION NO. 2002-271, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG MODIFICATIONS TO EXHIBIT C TO THE
RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES
DISTRICT 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]),
One new Community Facilities District (CFD) was established during Fiscal Year
2001/2002 in the San Miguel Ranch development, adding to the nine CFDs established
from 1998 to 2001. Special taxes must be levied during Fiscal Year 2002/2003 in nine of
these districts in order to pay for the maintenance of open space and preserve areas in
CFDs 97-1, 97-2, 98-1, 99-2 and 98-3; and to begin repaying bondholders in CFDs 97-3,
99-1, 2000-1 and 2001-1. Due to the separation of CFD 99-2 from CFD 98-1, a budget
amendment is required to include a new budget for CFD 99-2. (Director of Public
Works)
Staffrecommendation: Council adopt the resolutions.
Page 2 - Council Minutes 08/06/02
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2002-272, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY AND WILLDAN FOR CONSULTING
SERVICES TO UPDATE THE TRANSPORTATION AND INTERIM STATE ROUTE
125 DEVELOPMENT IMPACT FEE, AUTHORIZING THE MAYOR TO EXECUTE
THE AMENDMENT, AND APPROVING A BUDGET AMENDMENT
APPROPRIATING $36,000 FROM THE TRANSPORTATION DEVELOPMENT
IMPACT FEE FUND
The Council approved an agreement with Willdan/Munifinancial to update the
Transportation and Interim State Route 125 Development Impact Fees. Due to
unexpected delays in completing the update, the consultant, with staff's support, has
requested an amendment to the agreement. (Director of Public Works)
Staffrecommendafion: Council adopt the resolution.
5 A. RESOLUTION NO. 2002-273, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A
PORTION OF OTAY LAKES ROAD ADJACENT TO THE VILLAGE CENTER
NORTH PROJECT
B. RESOLUTION NO. 2002-274, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PARCEL MAP OF CHULA VISTA
TRACT NO. 01-14, EASTLAKE VILLAGE CENTER NORTH; ACCEPTING ON
BEHALF OF THE PUBLIC THE VARIOUS PUBLIC STREETS; ACCEPTING ON
BEHALF OF THE CITY THE VARIOUS EASEMENTS, ALL AS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING ON BEHALF OF
THE CITY ALL IRREVOCABLE OFFERS OF DEDICATION AS ON SAID MAP
WITHIN SAID SUBDIVISION; VACATING CERTAIN EASEMENTS LOCATED
WITHIN SAID PARCEL MAP; APPROVING THE PARCEL MAP IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
C. RESOLUTION NO. 2002-275, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL PARCEL MAP
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-14, VILLAGE
CENTER NORTH, REQUIRING EASTLAKE COMPANY, LLC TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
On July 30, 2002, the Director of Planning and Building and the City Engineer approved
a conditional tentative parcel map waiver for the Village Center North Project. Even
though the Municipal Code authorizes staff to approve the subsequent final Parcel Map
and associated agreements, developer requested and staff concurred that Council
approval of the proposed map will expedite the project development by allowing the
vacation on the map of several existing onsite easements which are no longer needed.
Adoption of the resolutions approves the parcel map for Village Center North and the
associated agreements. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
Page 3 - Council Minutes 08/06/02
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2002-276, RESOLUTION OF THE CITY COUNC1L OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 7 FOR THE "PHASE
I OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (SW219) AND THE
MAIN STREET PAVEMENT RECONSTRUCTION BETWEEN BROADWAY AND
INTERSTATE 805 (STM-332)" PROJECT AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE
CITY
On September 18, 2001, Council awarded a contract to Hazard Construction
Company/T.C. Construction Company, Inc., a Joint Venture, for the installation of a 42-
inch gravity sewer line within Main Street between Broadway and Interstate 805 (Project
SW-219), along with the reconstruction of the street pavement section on Main Street,
between Broadway and Interstate 805 (Project STM-332). The proposed change order, in
the amount of $137,238.70, is for additional labor, equipment, and materials necessary to
remove an existing shallow and deteriorated 42-inch corrugated metal pipe on Main
Street that is no longer able to support traffic loads, and replace said pipe with a 36-inch
diameter reinfomed concrete pipe. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2002-277, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WA1VING THE CITY'S FORMAL BIDDING PROCESS,
RATIFYING STAFF'S PREVIOUS ACTION, AND AWARDING THE ASBESTOS,
LEAD, AND CONTAMINATED SOIL REMOVAL CONTRACT OF $144,071 FOR
THE POLICE FACILITY CONSTRUCTION TO DESIGN FOR HEALTH
The City of Chula Vista initially contracted with Design for Health to remove the lead
and asbestos from the E1 Dorado and Town Center buildings scheduled for demolition.
During excavation a large area of unanticipated contaminated soil was discovered that
required immediate removal and treatment. Design for Health was requested to perform
the urgent removal and disposal of the contaminated waste. (Director of Building and
Park Construction)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-278, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY
CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER
14 AND 15, 2002 FOR THE ORANGE CRATE DERBY
Adoption of the resolution approves the temporary closure of Rancho Del Rey Parkway
on September 14 and 15, 2002 for the 23rd Annual Orange Crate Derby. (Police Chief,
Director of Human Resources)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 08/06/02
CONSENT CALENDAR (Continued)
9. RESOLUTION NO. 2002-279, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING REQUESTS FROM BONITA BUSINESS
AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND
BONITAFEST PARADE ON SATURDAY, SEPTEMBER 28, 2002
Adoption of the resolution approves the temporary closure of Bonita Road for the 30th
Annual Bonitafest Parade on Saturday, September 28, 2002 to conduct the 30th Annual
Bonitafest Parade. (Police Chief, Director of Human Resoumes)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2002-280, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003 BUDGET
FOR THE POLICE DEPARTMENT BY APPROPRIATING $4,163 FROM THE
BULLETPROOF VEST PARTNERSHIP GRANT FOR BODY ,MLMOR
Earlier this year, the Police Department applied for funding for vests under the
bulletproof vest program. The Bureau of Justice Assistance notified the Police
Department that the application was approved and the City was awarded $4,163 to pay
for 50 percent of the cost of bulletproof vests. This grant will partially fund ten vests; the
matching funds will come from the Police Department budget. (Police Chief)
Staffrecommendation: Council adopt the resolution.
11. RESOLUTION NO. 2002-281, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $2,270 FROM THE SAN DIEGO COUNTY
LAW ENFORCEMENT FOUNDATION, AMENDING THE FISCAL YEAR
2002/2003 POLICE BUDGET, AND APPROPRIATiNG FUNDS iN THE AMOUNT
OF $2,270 FOR POLICE EQUIPMENT
Adoption of the resolution authorizes acceptance of $2,270 from the San Diego Cotmty
Law Enforcement Foundation and appropriates the funds for gun lights and holsters for
the K-9 officers. (Police Chief)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2002-282, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING BUSINESS LICENSE TAXES FOR CHULA
VISTA CHAMBER OF COMMERCE AND VENDORS PARTICIPATING IN THE
CELEBRATE CHULA VISTA EVENT
The Chamber of Commerce has requested that the business license tax for promotional
events be waived for the Celebrate Chula Vista festival. The taxes involved include a
five-dollar assessment to the sponsoring organization (Chula Vista Chamber of
Commerce) and a requirement that each vendor have a Chula Vista business license
(costing $12.50 to each business without a current business license). In the past, the City
has waived the business license tax for numerous other festivals and events taking place
Page 5 - Council Minutes 08/06/02
CONSENT CALENDAR (Continued)
in Chula Vista, and for vendors taking part in these events, in order to encourage
participation. The rationale for waiving the fee is that the festivals attract thousands of
visitors and residents to Chula Vista and promote the City, its attractions and businesses.
(Deputy City Manager Palmer)
Staffrecommendation: Council adopt the resolution.
13. RESOLUTION NO. 2002-283, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE APPLICATION FOR SPECIAL EVENT
PERMITS FOR TIDELAND USE FROM THE SAN DIEGO UNIFIED PORT
DISTRICT FOR CELEBRATE CHULA VISTA AND TASTE OF THE ARTS
The City is sponsoring, or co-sponsoring, two large, special events on Chula Vista's
bayfront this fiscal year. Since these events are being partially or completely operated on
property owned by the San Diego Unified Port District, the Port is requiring the City to
submit special event permits for tideland use, which include indemnification and hold
harmless language. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
14. RESOLUTION NO. 2002-284, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG AN AGREEMENT WITH THE CHULA
VISTA CHAMBER OF COMMERCE FOR $48,500 IN FINANCIAL ASSISTANCE
FOR THE CELEBRATE CHULA VISTA EVENT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAiD AGREEMENT
The City is co-sponsoring the Celebrate Chula Vista event with the Chula Vista Chamber
of Commerce and has already provided $23,000 in funding to the Chamber via an
agreement signed by the City Manager. The City still needs to pay $48,500 to the
Chamber for this event. Since the total funds paid to the Chamber will exceed the
$50,000 authorization limit for consultant services, the Council must approve the
agreement for payment of the remaining funds. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION NO. 2002-285, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG A LETTER OF iNTENT BETWEEN THE
CITIES OF SAN DIEGO AND CHULA VISTA REGARDING THE OTAY VALLEY
REGIONAL PARK (OVRP) REORGANIZATION PLAN AND THE WEST
FAIRFIELD REORGANIZATION PLAN, AND AUTHORIZING THE MAYOR TO
EXECUTE SAiD LETTER OF iNTENT
Staffs from the cities of San Diego and Chula Vista have been working to move forward
with a proposed reorganization that will restructure boundaries between the cities in, and
Page 6 - Council Minutes 08/06/02
CONSENT CALENDAR (Continued)
adjacent to, the Otay River Valley. The proposed letter of intent provides the initial
principles that will form the basis of the reorganization of the properties and expresses
the parties' agreement to cooperate with each other to accomplish the purpose and intent
associated with the OVRP reorganization plan. The letter of intent is not a binding
agreement, nor does it commit either city to approve or disapprove of any of the
applications, pre-zoning entitlements or other approvals required for the related projects.
(Director of Community Development)
Staff recommendation: Council adopt the resolution.
16. RESOLUTION NO. 2002-286, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING DOWNTOWN PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT ANNUAL COST OF L1VING ASSESSMENT
ADJUSTMENT
The Downtown Property and Business Improvement District (PBID) may authorize
annual cost of living increases of up to five percent, pursuant to Section VI C of the
adopted Management Plan. Increases are recommended by the PBID Board of Directors
and forwarded to the City Council for final approval. For the upcoming tax year, the
PBID Board has recommended an assessment increase of 3.6 percent, which matches the
regional consumer price index increase. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
17. RESOLUTION NO. 2002-287, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING THE HOUSE LOCATED AT 462 E
STREET, THE CLEATON ROBERTSON HOUSE, AS A HISTORIC SITE, AND
PLACING THE HOUSE ON THE CITY OF CHULA VISTA'S LIST OF HISTORIC
SITES, IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070 (A)
The property owners of 462 E Street have requested that their property, the Cleaton
Robertson House, be considered for inclusion on Chula Vista's List of Historic Sites.
The Resoume Conservation Commission has recommended that the house be placed on
the list. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
18. RESOLUTION NO. 2002-288, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING THE HOUSE LOCATED AT 840 FIRST
AVENUE, THE MARY DREW HOUSE, AS A HISTORIC SITE, AND PLACING THE
HOUSE ON THE CITY OF CHULA VISTA'S LIST OF HISTORIC SITES, IN
ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070 (A)
The property owners of 840 First Avenue have requested that their property, the Mary
Drew House, be considered for inclusion on Chula Vista's List of Historic Sites. The
Resource Conservation Commission has recommended that the house be placed on the
list. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 7 - Council Minutes 08/06/02
CONSENT CALENDAR (Continued) -
19. RESOLUTION NO. 2002-289, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATiNG THE HOUSE LOCATED AT 475 E
STREET, THE WILLIAM DREW HOUSE, AS A HISTORIC SITE, AND PLACiNG
THE HOUSE ON THE CITY OF CHULA VISTA'S LIST OF HISTORIC SITES, iN
ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070 (A)
The property owners of 475 E Street have requested that their property, the William
Drew House, be considered for inclusion on Chula Vista's List of Historic Sites. The
Resource Conservation Commission has recommended that the house be placed on the
list. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff's recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0, except
with regard to Items #17 and #19, which carried 4-0-1, with Councilmember
Rindone abstaining due to the proximity of his residence to the historic sites.
ORAL COMMUNICATIONS
George Thompson, representing Amalgamated Transit Union (ATU) Local 1309, submitted a
letter to the Council and stated that ATC Vancom has failed to provide meal and rest breaks to its
bus drivers, does not recognize the ATU, and does not abide by contract provisions.
PUBLIC HEARiNGS
20. CONSIDERATION OF THE MODIFICATION OF THE EXISTING
TRANSPORTATION DEVELOPMENT IMPACT FEE AND AN AMENDMENT TO
CHAPTER 3.54 OF THE MUNICIPAL CODE
The City's Transportation Development Impact Fee (TDIF) program was established on
January 12, 1988. Since its inception, the program has been updated several times to
reflect new land uses approvals, changes to the Circulation Element of the General Plan,
and updated project cost estimates. Adoption of the resolution approves an increase from
the current fee of $6,240 to $8,180 per Equivalent Dwelling Unit (EDU). The proposed
Urgency Ordinance will enable the City to collect the fee during the 60-day waiting
period before the regular ordinance becomes effective. (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. There was no one in the audience wishing to speak.
ACTION: Councilmember Davis moved to continue the hearing to August 13, 2002.
Deputy Mayor Padilla seconded the motion, and it carried 5-0.
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PUBLIC HEARiNGS (Continued)
21. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO OPEN SPACE
DISTRICT NO. 23 (OTAY RIO BUSINESS PARK)
Open Space District No. 23 was originally established on September 15, 1992 to maintain
three open space lots and medians along the east side of the Otay Rio Business Park
development. The current property owners wish to add a 2,800-foot-long median on
Main Street, which is currently being maintained by contract, to the areas being
maintained by the District. On June 18, 2002, the Council adopted Resolution No. 2002-
210, which initiated the proceedings for the amended annual levy of assessments within
Open Space District No. 23, and for the amendment of the areas to be maintained to
include the Main Street median in accordance with the provisions of Article XIIID of the
California State Constitution. (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 hearing. There being no members of the public wishing to
speak, she then closed the hearing. Following the tabulation of ballots, City Clerk Bigelow
announced that ballots were received from two property owners, both of whom voted
affirmatively. Both property owners also submitted letters listing their issues and concerns
regarding the proposed assessment, and the letters were distributed to the Council and staff.
ACTION: Deputy Mayor Padilla offered the following resolutions, headings read, texts
waived:
RESOLUTION NO. 2002-290, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARiNG THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION WITHIN OPEN SPACE DISTRICT
NO. 23 (OTAY RIO BUSINESS PARK), ORDERING MAINTENANCE
WORK THEREIN, AND CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL
ASSESSMENT THEREiN FOR FISCAL YEAR 2002/2003
RESOLUTION NO. 2002-291, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 2002/2003
BUDGET BY APPROPRIATiNG $24,260 FROM THE UNAPPROPRIATED
BALANCE OF OPEN SPACE DISTRICT 23 RESERVE FOR INCREASED
MAINTENANCE
The motion carried 5-0.
22. CONSIDERATION OF APPROVAL OF AN IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC,
AND CONSIDERATION OF A PROPOSAL TO REPEAL AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE EASTLAKE DEVELOPMENT
COMPANY AND A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND KAISER FOUNDATION HOSPITALS
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PUBLIC HEARINGS (Continued)
Adoption of the ordinance and resolution repeals the previously adopted development
agreement between the City and Kaiser Foundation Hospital, executed on July 2, 1992;
repeals an improvement agreement between the City and The EastLake Company,
executed on January 23, 1990; and approves an improvement agreement between the City
and The EastLake Company, LLC. (Director of Planning and Building)
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 proposed Eastlake Village Center North project.
Mayor Horton opened the public heating. With no members of the public wishing to speak, she
then closed the heating.
ACTION: Cotmcilmember Davis offered the following resolutions for adoption and the
ordinance for first reading, headings read, texts waived:
RESOLUTION NO. 2002-292, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE EASTLAKE VILLAGE
CENTER NORTH iMPROVEMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE EASTLAKE COMPANY, LLC, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
RESOLUTION NO. 2002-293, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA REPEALING THE AGREEMENT
REGARDING A COMMUNITY TRAIL PEDESTRIAN FACILITY BETWEEN
EASTLAKE I AND EASTLAKE II
ORDINANCE NO. 2864, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REPEALING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND KAISER FOUNDATION
HOSPITALS FOR 30.4 ACRES NORTH OF OTAY LAKES ROAD AND
WEST OF EASTLAKE PARKWAY
The motion camed 5-0.
OTHER BUSINESS
23. CITY MANAGER'S REPORTS
There were none.
24. MAYOR'S REPORTS
A. Ratification of appointment to the Town Centre Project Area Committee -
Catherine Radcliffe.
ACTION: Mayor Horton moved to ratify the appointment of Catherine Radcliffe to the
Town Centre Project Area Committee. Councilmember Davis seconded the
motion, and it carded 5-0.
Page 10 - Council Minutes 08/06/02
OTHER BUSiNESS (Continued)
25. COUNCIL COMMENTS
A. Councilmember Rindone: Ratification of reappointment to the Mobilehome
Rent Review Commission Mark Marchand.
ACTION: Councilmember Rindone moved to ratify the appointment of Mark Marchand to
the Mobilehome Rent Review Commission. Councilmember Davis seconded the
motion, and it carried 5-0.
Councilmember Rindone announced the upcoming Lemon Festival in downtown Chula Vista on
August 18, 2002, and he encouraged the community to attend the event.
Coancilmember Salas requested a report regarding sidewalk projects in the City, the report to
include: progress in terms of sidewalk replacement and installation since the annexation;
identification of remaining projects to be completed; funding options, not limited to CDBG
funds, gas tax funds, federal and state grants; and the possibility of utilizing general fund monies
to complete sidewalks within a specific timeframe.
Deputy Mayor Padilla asked that the report also include the ability to provide financing within
the area that was proposed for annexation of Montgomery, particularly with an eye towards
eliminating the cautionary formula; and options for the City to provide 100 percent financing.
CLOSED SESSION
26. CONFERENCE WITH LEGAL COUNSEL REGARDiNG ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One case
No action was taken on this item.
27. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· William Pennerman v. City of Chula Vista (case no. 01CV24 BTM [JFS])
No action was taken on this item.
ADJOURNMENT
At 6:45 p.m. Mayor Horton adjourned the meeting to the Regular Meeting of August 13, 2002, at
6:00 p.m.
Susan Bigelow, CMC, City Clerk
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