HomeMy WebLinkAboutcc min 2002/08/13 Ml~UTES OF A REGULAR MEETiNG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
August 13, 2002 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:06
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
(Mayor Horton arrived at 7:24 p.m.)
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:
JOHN CHAVEZ, RESOURCE CONSERVATION COMMISSION
CATHERiNE RADCLIFFE, TOWN CENTRE PROJECT AREA COMMITTEE
City Clerk Bigelow administered the oath to John Chavez, and Councilmember Davis presented
him with a certificate of appointment. Catherine Radcliffe was not present at the meeting.
· INTRODUCTION BY LOURDES SEVILLA, INTERNATIONAL FRIENDSHIP
COMMISSION CHAIRPERSON, OF THE FOLLOWING EXCHANGE STUDENTS
FROM ODAWARA, JAPAN: MASAHIRO MATSUMOTO, SAORI NAKAI,
TAKAHIKO SUZUKI, SHIO TAMAKI
Chairperson Sevilla introduced the exchange students, and Deputy Mayor Padilla accepted a gift
from the students on behalf of Mayor Horton. Councilmember Davis presented each student
with a certificate of appreciation.
CONSENT CALENDAR
(Items 1 through 10)
Regarding Item #10, Councilmember Rindone requested a report on the position at the end of the
first year.
1. WRITTEN COMMUNICATIONS
Letter of resignation from Thomas Brewer, member of the Cultural Arts Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
immediately in accordance with Maddy Act requirements.
CONSENT CALENDAR (Continued)
2. 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
Adoption of the ordinance repeals the previously adopted development agreement
between the City and Kaiser Foundation Hospital, executed on July2, 1992. (Director of
Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
3. RESOLUTION NO. 2002-295, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS
AND APPROVING A FOUR-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA; HELIX ENVIRONMENTAL PLANNiNG, iNC., CONSULTANT;
AND OTAY PROJECT, LP AND MCMILL1N OTAY RANCH, LLC, APPLICANTS,
FOR MITIGATION MONITORING SERVICES TO BE RENDERED FOR OLYMPIC
PARKWAY BETWEEN BRANDYWiNE AVENUE AND SR-125, AND
AUTHORIZING THE MAYOR TO EXECUTE SAD AGREEMENT
Adoption of the resolution approves the proposed four-party agreement between the City,
Helix Environmental Planning, Inc. (Consultant), McMillin Otay Ranch, LLC
(Applicant), and Otay Project, LP (Applicant), for a total of $97,400 for mitigation
monitoring services to be rendered to the segment of Olympic Parkway from Brandywine
Avenue to SR-125 for a period of five years. The mitigation monitoring services
required consist primarily of post-construction monitoring of created biological habitat,
which requires a minimum of five years of maintenance and monitoring to ensure
successful wetland, upland, and aquatic habitat creation pursuant to the U.S. Army Corps
of Engineers, California Department of Fish and Game, and California Regional Water
Quality Control Board permits issued for the project. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2002-296, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PROPOSED EXTENSION OF THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE SPR1NG VALLEY
SANITATION DISTRICT AND THE CITY OF SAN DIEGO FOR
TRANSPORTATION OF WASTEWATER IN THE SPRING VALLEY JOINT
SYSTEM FOR AN ADDITIONAL TEN YEARS
Approximately three million gallons per day of sewage discharged from the northern part
of Chula Vista flow into the Spring Valley trunk line. This sewage is ultimately
discharged into San Diego's metro interceptor, which conveys the flow to the treatment
plant in Point Loma. Chula Vista has used this facility since 1964 under an agreement
with the County and has paid for the use of this facility. On May 20, 1997, Council
Resolution 18671 approved a new, six-year agreement with the District to provide for the
maintenance and operation of this line with a provision that allowed the City to extend
the terms of the agreement for an additional ten-year period. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes 08/13/02
CONSENT CALENDAR (Continued)
5. A~ RESOLUTION NO. 2002-297, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $2,524,596 FROM THE AVAILABLE
FUND BALANCE 1N THE TRUNK SEWER CAPITAL RESERVE FUND AS A
LOAN TO THE SALT CREEK GRAVITY BASIN DEVELOPMENT IMPACT FEE
FUND, APPROPRIATiNG $10,182,824 FROM THE AVAILABLE FUND BALANCE
IN THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SALT CREEK
GRAVITY SEWER PROJECT (SW219), AND APPROPRIATiNG $2,524,596 iN
UNANTICIPATED LOAN PROCEEDS AND $850,000 FROM THE AVAILABLE
FUND BALANCE iN THE SALT CREEK GRAVITY BASIN DEVELOPMENT
IMPACT FUND TO THE SALT CREEK GRAVITY SEWER PROJECT, SW219
B. RESOLUTION NO. 2002-298, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE "PHASE III OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR (CIP
SW-219)" PROJECT TO CASS CONSTRUCTION, 1NC. IN THE AMOUNT OF
$8,432,382.60
On July 3, 2002, the Director of Public Works received sealed bids for phase III of the
Salt Creek gravity sewer intemeptor project (C1P No. SW-219). The work for this project
primarily includes the installation of a 42-inch gravity sewer line and related work along
Main Street, from immediately west of Interstate 805 to Heritage Road, then heading
easterly and northerly along a dirt road that follows the low point of the Salt Creek Basin,
and finally terminating at the end of the existing Salt Creek sewer line installed in 1996
as a joint project with SDG&E's Pipeline 2000 project. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
6. A RESOLUTION NO. 2002-299, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR CHULA VISTA
TRACT NO. 90-07, BELLA SOL, SUNBOW II UNIT 12 (PLANNING AREA 11);
ACCEPTING, ON BEHALF OF THE CITY OF CHULA VISTA, ASSIGNABLE AND
IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, PUBLIC
SEWER EASEMENT AND SIGHT DISTANCE EASEMENT GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION; APPROViNG THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2002-300, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
90-07, SUNBOW II, UNIT 12 (PLANNING AREA 11), REQUIRING DEVELOPER
TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF DESIGN
REVIEW COMMITTEE CASE NO. 02-21, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Page 3 - Council Minutes 08/13/02
CONSENT CALENDAR (Continued)
C. RESOLUTION NO. 2002-301, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING ADJUSTMENT IN BOUNDARY OF THE
CITY OPEN SPACE LOT A AND AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED FOR THE CITY'S PROPERTY WITHIN LOT 1
D. RESOLUTION NO. 2002-302, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF EASEMENT FOR
MAINTENANCE PURPOSES OVER CITY OPEN SPACE LOT A
Adoption of the resolutions approves a Final Map for Bella Sol, Sunbow II Unit 12
(Planning Area 11) and associated agreements. The map contains one condominium lot
and one open space lot. The condominium lot will contain a maximum of 108 units.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
7. RESOLUTION NO. 2002-303, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE RETENTION AGREEMENT WITH
PEGGY MCCARBERG, ESQ. FOR LEGAL SERVICES TO BE PERFORMED
UNDER THE SUPERVISION OF THE CITY ATTORNEY FOR FISCAL YEAR 2002-
2003
As in the previous eight years, the City needs to provide funding for a part-time contract
attorney on a continuing basis to assist with the myriad land-use issues facing the City.
The City has utilized the services of Ms. McCarberg on an hourly basis for this purpose.
It is now necessary to authorize an amendment of the retention agreement for fiscal year
2002-2003. (City Attorney)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-304, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND
LAUDERBACH ELEMENTARY SCHOOL REGARDING PROVISION OF
LIBRARY/RESEARCH SKILLS iNSTRUCTION TO 4TM THROUGH 6TM GRADE
STUDENTS, ACCEPTING $5,350 FROM THE SCHOOL, APPROPRIATING THE
UNANTICIPATED REVENUE, AMENDING THE FISCAL YEAR 2002-2003
L1BRARY BUDGET, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID MEMORANDUM OF UNDERSTANDING
For a second year, Lauderbach Elementary School has asked the library to provide
library/research skills instruction to 4th through 6th graders during class visits, outside of
what the Library normally provides schools during class visits. To conduct this
specialized program at the south Chula Vista branch, the library would incur additional
costs. The two staffs have reached an agreement on how this service could be provided at
a cost of $5,350 to the school. The attached memorandum of understanding outlines the
terms and conditions under which the program would be conducted this fiscal year.
(Public Library Director)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 08/13/02
CONSENT CALENDAR (Continued)
9. ORDINANCE NO. 2865, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 9.20 OF THE CHULA VISTA MUNICIPAL CODE TO
INCLUDE LANGUAGE RELATING TO REGULATION OF THE USE,
POSSESSION AND SALE OF GLASS ETCHING PRODUCTS
The City has been experiencing a new form of graffiti vandalism known as "acid
etching," which involves the use of a corrosive substance of fluoride compounds, sulfuric
acid and barium sulfate, and it causes permanent damage. Within the past several
months, acid etching vandalism has caused thousands of dollars worth of damage to 16
Chula Vista businesses. The proposed ordinance adds glass etching products to the
definition of covered and controlled graffiti implements. (Chief of Police)
Staff recommendation: Council place the ordinance on first reading.
10. RESOLUTION NO. 2002-305, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE CREATION OF A FUNDS
DEVELOPMENT/STRATEGIC PLAN MANAGER CLASSIFICATION IN THE
UNCLASSIFIED SERVICE, SENIOR MANAGEMENT GROUP; AMENDING THE
FISCAL YEAR 2003 BUDGET FOR THE LIBRARY TO APPROPRIATE $33,300
BASED ON $24,500 IN UNANTICIPATED REIMBURSEMENTS AND $8,800 FROM
THE GENERAL FUND AVAILABLE FUND BALANCE; AND TRANSFERRING
$59,785 FROM VARIOUS DEPARTMENT OPERATING BUDGETS
This new position would design and conduct ongoing philanthropic fund development
programs for the City; conduct/facilitate strategic planning processes for the City, its
departments and divisions; and assist in the development and prioritization of specific
program and management goals and objectives. The position would be assigned to
Library Administration but would be available to all City departments. (Deputy City
Manager Palmer)
Staff recommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carded 4-0, with
Mayor Horton not yet present.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
11. CONSIDERATION OF PCM-02-24, AMENDMENTS TO THE EASTLAKE III
SECTIONAL PLANNING AREA PLAN, OTAY RANCH VILLAGE SIX
SECTIONAL PLANN1NG AREA PLAN, AND OTAY RANCH VILLAGE ELEVEN
SECTIONAL PLANNING AREA PLAN TO INCORPORATE SECTION II.7 AIR
QUALITY IMPROVEMENT PLAN INTO EACH OF THE SECTIONAL PLANNING
AREA PLANS
Page 5 - Council Minutes 08/13/02
PUBLIC HEARINGS (Continued)
The developers of the three planning areas, in order to meet the SPA content
requirements, agreed to participate in a pilot program to study and evaluate air quality
and energy conservation measures in their projects. The City retained a consultant to
prepare a computer model, related reports and analyses of air quality and energy
conservation measures in order to evaluate the three SPA projects. (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.
Associate Planner Venables presented the air quality and energy conservation pilot program,
regulatory framework, INDEX pilot test report, and air quality improvement plans for the three
projects.
Councilmember Salas stated that Shea Homes has instituted a pilot photovoltaic energy
conservation program into their project in Scripps Ranch, and she asked if there had been any
discussion of pre-wiring new homes in Chula Vista so that buyers could install energy savings
systems at a later date. Planning & Building Director Leiter responded that there are some
impediments to installing energy saving systems on these particular projects, but staff could
further investigate the feasibility of solar installations or a pre-wiring program when developing
guidelines for future projects.
Councilmember Rindone referenced the additional energy reductions mentioned in the staff
report and asked the source of those savings. Eliot Allen, representing Criterion
Planners/Engineers, Inc., replied that most of the savings came from greater density, as
compared to the baseline, and a combination of the building and travel energy.
Deputy Mayor Padilla asked if there were particular materials or methods identified by the
voluntary participants that could be implemented. Mr. Allen responded that the constant
introduction of new technologies and equipment make it difficult to dictate future measures.
Planning & Building Director Leiter added that the City has designed a program whereby it can
guarantee that a certain level of energy savings and air quality improvements are made, but also
that there is flexibility to use the best measures available at the time a project applicant applies
for building permits.
Councilmember Davis believed that the public needs to be educated on energy-savings measures
and that if they were alerted to the various programs being offered, they would want to
participate.
Deputy Mayor Padilla opened the public heating. With no members of the public wishing to
speak, he then closed the hearing.
ACTION: Councilmember Davis offered the following resolutions, headings read, texts
waived:
Page 6 - Council Minutes 08/13/02
PUBLIC HEARINGS (Continued)
A. RESOLUTION NO. 2002-306, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN TO
INCORPORATE SECTION II.7 AIR QUALITY IMPROVEMENT PLAN
B. RESOLUTION NO. 2002-307, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN
TO INCORPORATE SECTION II.7 AIR QUALITY IMPROVEMENT PLAN
C. RESOLUTION NO. 2002-308, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA)
PLAN TO INCORPORATE SECTION II.7 AIR QUALITY IMPROVEMENT
PLAN
The motion carried 4-0, with Mayor Horton not yet present.
12. CONSIDERATION OF PCC-02-50, A CONDITIONAL USE PERMIT TO INSTALL,
OPERATE AND MAINTAIN AN UNMANNED WIRELESS COMMUNICATIONS
FACILITY AT THE AULD GOFF GOLF COURSE, 525-549 HUNTE PARKWAY;
APPLICANT: NEXTEL COMMUNICATIONS
Nextel Communications has requested permission to construct and operate an unmanned
cellular communications facility at 525-529 Hunte Parkway, the Auld Goff Golf Course.
The project will consist of one 63-foot monopine, two 25-foot live pine trees, and an
ll½-foot by 20-foot equipment shelter that would be 12 feet 3 inches high. The
Environmental Review Coordinator has determined that the project is exempt per the
California Environmental Quality Act, Section 15305, Class 5, minor conditional use
permit that does not significantly intensify land use. (Director of Planning and Building)
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.
Environmental Project Manager Lundstedt presented the proposed project.
Deputy Mayor Padilla opened the public hearing. There being no members of the public wishing
to speak, he then closed the hearing.
ACTION: Councilmember Davis offered the following resolution, heading read, text
waived:
RESOLUTION NO. 2002-309, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING APPROVAL OF CONDITIONAL
USE PERMIT PCC-02-50 FOR AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT THE AULD GOLF COURSE, 525-529
HUNTE PARKWAY
The motion carried 4-0.
Page 7 - Council Minutes 08/13/02
PUBLIC HEARINGS (Continued)
13. CONSIDERATION OF THE ADOPTION OF AN ORDINANCE AND AN URGENCY
ORDINANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT
IMPACT FEE AND AMENDING 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 use 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. The proposed urgency
ordinance enables the City to collect the fee during the 60-day waiting period before the
regalar ordinance becomes effective. (Director of Public Works - continued from the
meeting of 08/06/02)
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.
Senior Civil Engineer AI-Agha presented the 2002 TDIF Update.
Deputy Mayor Padilla opened the public heating.
Simon Malk, representing Otay Land Company, spoke in support of the TDIF amendment and
suggested that staff evaluate the possibility of TDIF funding for the Rock Mountain Road
overpass. Mr. A1-Agha responded that the issue will be revisited following the General Plan
Update.
With no further members of the public wishing to speak, Deputy Mayor Padilla closed the public
hearing.
ACTION: Deputy Mayor Padilla offered Resolution Nos. 2002-310 and 2002-311 and
Urgency Ordinance No. 2866-A for adoption and Ordinance No. 2866 for first
reading, headings read, texts waived:
A. RESOLUTION NO. 2002-310, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY
WILLDAN RECOMMENDING AN UPDATED TRANSPORTATION
DEVELOPMENT I1VIPACT FEE TO MITIGATE TRa~NSPORTATION
IMPACTS WITHiN THE CITY'S EASTERN TERRITORIES
B. ORDINANCE NO. 2866, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG CHULA VISTA MUNICIPAL CODE
CHAPTER 3.54, RELATING TO DEVELOPMENT IMPACT FEE TO PAY
FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN
TERRITORIES
Page 8 - Council Minutes 08/13/02
PUBLIC HEARINGS (Continued)
C. URGENCY ORDINANCE NO. 2866-A, ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTER 3.54, RELATING TO DEVELOPMENT
IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE
CITY'S EASTERN TERRITORIES
D. RESOLUTION NO. 2002-311, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002/2003
BUDGET BY APPROPRIATING $826,480 FROM THE AVAILABLE FUND
BALANCE IN THE TRANSPORTATION DEVELOPMENT IMPACT FEE
FUND TO REPAY SEWER LOAN AUTHORIZED BY RESOLUTION NO.
16706
The motion carded 4-0, with Mayor Horton not yet present.
14. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. 2001-2 (MCMILLIN-OTAY RANCH-VILLAGE SIX) AND
AUTHORIZATION TO LEVY SPECIAL TAXES AND TO INCUR A BONDED
INDEBTEDNESS SECURED BY SUCH SPECIAL TAXES
Community Facilities District No. 2001-2 would fund the construction of public
facilities, such as roadways, for the McMillin project. In addition, a portion of the
proceeds may be authorized for use for certain transportation projects, as directed by the
City. Adoption of the resolutions continues the formal proceedings leading to the
establishment of Community Facilities District No. 2001-2 and the authorization, subject
to the approval of the qualified electors, to levy special taxes and to issue bonds secured
by the levy of such special taxes. (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.
Deputy Mayor Padilla opened the public hearing. There being no members of the public wishing
to speak, he then closed the hearing.
ACTION: Councilmember Davis offered the following resolutions, headings read, texts
waived:
A. RESOLUTION NO. 2002-312, RESOLUTION OF THE CITY COUNCiL OF
THE CITY OF CHULA VISTA FORMING AND ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN-OTAY
RANCH-VILLAGE SIX) AND AUTHORIZING SUBMITTAL OF LEVY OF
SPECIAL TAXES WITHIN SUCH COMMUNITY FACILITIES DISTRICT TO
THE QUALIFIED ELECTORS THEREOF
Page 9 - Council Minutes 08/13/02
PUBLIC HEARINGS (Continued)
B. RESOLUTION NO. 2002-313, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING NECESSITY TO INCUR
BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO.
2001-2 (MCMILLIN-OTAY RANCH-VILLAGE SIX), SUBMITTING TO THE
QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT A
PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY
THE LEVY OF A SPECIAL TAX WITHIN SUCH COM~ITY FACILITIES
DISTRICT TO FiNANCE CERTAiN TYPES OF PUBLIC FACILITIES, AND
GIVING NOTICE THEREON
The motion carried 4-0, with Mayor Horton not yet present.
15. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. 07M (EASTLAKE III-WOODS, VISTAS AND LAND SWAP
PARCEL)
On July 9, 2002, the Council initiated the Community Facilities District (CFD) No. 07M
proceedings by adopting Resolutions 2002-244 through 2002-246. Adoption of the
proposed ordinance and resolutions concludes the formal proceedings to establish CFD
No. 07M. This district will fund the perpetual operation and maintenance of slopes,
medians and parkways and storm water treatment facilities associated with Eastlake III -
Woods and Vistas and Land Swap Parcel (south parcel only). The City has retained the
services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as
legal counsel to provide assistance during the proceedings. (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.
Deputy Mayor Padilla opened the public hearing. With no members of the public wishing to
speak, he then closed the heating.
ACTION: Councilmember Davis offered Resolution No. 2002-314, heading read, text
waived:
A. RESOLUTION NO. 2002-314, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA FORMiNG AND ESTABLISHiNG
COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE III- WOODS,
VISTAS AND LAND SWAP PARCEL) AND AUTHORIZING SUBMITTAL
OF LEVY OF SPECIAL TAXES TO THE QUALiFIED ELECTORS
The motion carried 4-0, with Mayor Horton not yet present.
Mayor Horton arrived at 7:24 p.m.
Following the tabulation of ballots submitted by the qualified electors, City Clerk Bigelow
announced that all votes cast were in favor of the levy of special taxes.
Page 10 - Council Minutes 08/13/02
PUBLIC HEARINGS (Continued)
ACTION: Deputy Mayor Padilla offered the following resolution for adoption and the
ordinance for first reading, headings read, texts waived:
B. RESOLUTION NO. 2002-315, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 07M
(EASTLAKE III- WOODS, VISTAS AND LAND SWAP PARCEL),
DECLARING THE RESULTS OF A SPECIAL ELECTION 1N SUCH
COMMUNITY FACILITIES DISTRICT
C. ORDINANCE NO. 2867, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 07M (EASTLAKE III- WOODS,
VISTAS, AND LAND SWAP PARCEL), AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN EACH IMPROVEMENT AREA OF SUCH
COMMUNITY FACILITIES DISTRICT
The motion carried 5-0.
16. CONSIDERATION OF THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS WITH
RESPECT TO THE PROPOSED MAIN PLAZA AFFORDABLE HOUSING PROJECT
Avalon Communities LLC has proposed the development of a mixed-use project
consisting of 106 affordable units and 15,000 square feet of retail commercial space to be
known as "Main Plaza," located on the northeast comer of Main Street and Broadway,
within the Southwest Redevelopment Project Area and the Montgomery Specific Plan
Area. In March 2001, the City approved the issuance, sale and delivery of multifamily
housing revenue bonds by the California Statewide Communities Development
Authority, in the amount of 7 million dollars, for financing Main Plaza. Subsequently, in
August 2001, the City/Agency approved financial assistance in an amotmt not to exceed
$1,810,000. Since that time, development costs have risen, and the developer will require
additional bond financing in an amount not to exceed 10 million dollars.
Housing Coordinator Arroyo reported that the developer is preparing the vacant site for a
ceremonial groundbreaking during September 2002.
Mayor Horton opened thc public hearing. With no members of the public wishing to speak, she
then closed the heating.
ACTION: Mayor Horton offered the following resolution, heading read, text waived:
RESOLUTION NO. 2002-294, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA
STATEWlDE COMMUNITIES DEVELOPMENT AUTHORITY
The motion carried 5-0.
Page 11 ~ Council Minutes 08/13/02
ACTION ITEMS
17. CONSIDERATION OF APPROVAL OF THE CITY OF CHULA VISTA PARKS AND
RECREATION MASTER PLAN
The Office of Building and Park Construction, under the direction of the Council, the
Parks & Recreation Commission, and the Growth Management Oversight Commission
(GMOC), was assigned to prepare a comprehensive master plan that would guide the City
in the development of parks and recreation facilities in the community at large over the
next twenty years. The Parks and Recreation Master Plan is intended to offer guidance to
developers when designing parks and recreation facilities. It is also envisioned that City
staff will conduct public workshops during the programming/design stage of each
neighborhood or community park, resulting in modifications that may be suggested that
would change the identified programming in the master plan for any given park. The
Parks and Recreation Master Plan has been approved by both the Parks and Recreation
Cormmission and the GMOC. (Director of Building and Park Construction)
ACTION: Deputy Padilla moved to continue this item. Councilmember Davis seconded the
motion, and it carried 5-0.
OTHER BUSiNESS
18. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the school district would hold a meeting on Wednesday,
August 14, 2002, at 6:30 p.m., at the Eastlake Performing Arts Center, to discuss school issues
only.
19. MAYOR'S REPORTS
® Consideration of adoption of the following resolution:
RESOLUTION NO. 2002-316, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA SUPPORTING CONGRESS' REQUEST THAT
THE NINTH CIRCUIT REHEAR THE CASE OF NEWDOW K U.S.
CONGRESS AND EXPRESSING DISAPPROVAL OF THE NINTH CIRCUIT
DECISION IN NEWDOW V. U.S. CONGRESS
ACTION: Mayor Horton moved to adopt Resolution No. 2002-316, heading mad, text
waived. Councilmember Rindone seconded the motion, and it carried 5-0.
20. COUNCIL COMMENTS
Councilmember Davis: Ratification of appointment of Steve Castaneda to the Mobilehome Rent
Review Commission
ACTION: Councilmember Davis moved to ratify the appointment of Steve Castaneda.
Councilmember Rindone seconded the motion, and it carded 5-0.
Page 12 - Council Minutes 08/13/02
COUNCIL COMMENTS (Continued)
Councilmember Salas informed the Council of a recently implemented City website link to the
San Diego Junior Theatre.
Councilmember Salas stated that the OnStage Playhouse presented a play entitled "A Timely
Reflection" that was written and produced by the students. She added that funding for the play
was the result of a grant awarded by the City, and she urged the Council to support the efforts of
these students next year.
Councilmember Rindone invited the community to attend the upcoming Lemon Festival on
Sunday, August 18, 2002.
Councilmember Rindone asked staff to furnish the Amalgamated Transit Union (ATU) with a
copy of the memorandum from Transit Coordinator Trujillo responding to oral communications
by ATU President George Thompson at the Council Meeting of August 6, 2002.
Deputy Mayor Padilla presented a gift from the Odawara exchange students to Mayor Horton.
CLOSED SESSION
21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· City of Chula Vista v. Douglas E. Bamhart, Inc., et. al. (SDSC GIS 003859)
ACTION: Direction was given to Counsel.
ADJOURNMENT
At 8:00 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of August 20, 2002 at
6:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, C~ty Clerk
Page 13 - Council Minutes 08/13/02