HomeMy WebLinkAboutcc min 2002/08/27 MINUTES OF A REGULAR MEET1NG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
August 27, 2002 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04
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
(Councilmember Rindone an'ived at 6:07 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
A moment of silence was observed in memory of Joe Albers, a Chula Vista resident who worked
hard to promote the Chula Vista Chamber of Commerce.
SPECIAL ORDERS OF THE DAY
· HOUSING MARKET UPDATE (SALES TRENDS, DEMAND & AFFORDABILITY)
BY RUSS VALONE, MARKET POINT REALTY ADVISORS
Russ Valone presented the housing market update and discussed the driving forces behind the
housing demand.
CONSENT CALENDAR
(Items 1 through 21)
With reference to Items #4 and #5, Councilmember Rindone asked the anticipated date for re-
surfacing Fourth Avenue from City Hall to "L" Street. Public Works Director Lippitt replied
that San Diego Gas & Electric is still performing undergrounding work, which is anticipated to
be completed at the end of this year. Councilmember Rindone requested a memo on when the
Fourth Avenue resurfacing will commence.
Councilmember Rindone requested that Items #16 and #17 be removed from the Consent
Calendar for separate for discussion.
Regarding Item # 13, Councilmember Salas stated that Seattle has implemented a comprehensive
disaster preparedness plan that includes community members as first responders. She furnished
information to City Manager Rowlands for forwarding to the Fire Chief.
1 APPROVAL OF M1NUTES of August 13 and August 20, 2002
Staff recommendation: Council approve the minutes.
CONSENT CALENDAR (Continued)
2. WRITTEN COMMUNICATIONS
A. Request from Luana Lubbers and Abel Cordero for approval of a block party on
the cul-de-sac of Verin Lane on Saturday, August 31, 2002.
Staffrecommendation: Council approve the request.
B. Letter of resignation from Christopher H. Lewis, member of the Economic
Development Commission.
Staffrecommendation: Council accept the resignation and direct the City Clerk to
post immediately in accordance with Maddy Act requirements.
C. Letter of resignation from Charles Bull, member of the Resource Conservation
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post immediately in accordance with Maddy Act requirements.
3. ORDINANCE NO. 2869, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 25 MILE PER HOUR SPEED LIMIT ON
SURREY DRIVE BETWEEN ALLEN SCHOOL LANE AND CUL-DE-SAC AND _
ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF THE REGISTER
MAINTAINED BY THE CITY ENGINEER (FiRST READING)
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 Municipal Code
§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 Surrey Drive between Allen School Lane and cul-de-sac
should be established at 25 mph. (Director of Public Works)
Staff recommendation: Council place the ordinance on first reading.
4. RESOLUTION NO. 2002-323, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE PAVEMENT REHABILITATION (CHIP SEAL) PROGRAM FOR FISCAL
YEAR 2002 (PROJECT STL-277)
On July 24, 2002, the Director of Public Works received sealed bids for the pavement
rehabilitation program for Fiscal Year 2002. The work consists of the application of chip
seal and fog seal coats on various pavement locations in the City. (Director of Public
Works)
Staff recommendation: Council adopt the resolution awarding the contract to Windsor
Fuel Company for $748,817.
Page 2 - Cotmcil Minutes 08/27/02
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2002-324, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, AUTHORIZING STAFF TO
iNCREASE THE VALUE OF THE CONTRACT TO EXPEND ALL AVAILABLE
FUNDS, AND AWARDING A CONTRACT FOR THE PAVEMENT
REHABILITATION (FLEX SEAL) PROGRAM FOR FISCAL YEAR 2002-2003
(PROJECT STL-284)
On July 17, 2002, the Director of Public Works received sealed bids for the Fiscal Year
2002/2003 pavement rehabilitation project. The work to be done consists of the
application of rubberized emulsion aggregate slurry seal, crack sealing, pavement
striping, and other miscellaneous items of work on various City streets, and all labor,
material, equipment and transportation necessary for the project. (Director of Public
Works)
Staffrecommendation: Council adopt the resolution and award the contract to California
Pavement Maintenance Company, Inc., in the amount of $457,000.
6. RESOLUTION NO. 2002-325, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A DONATION 1N THE AMOUNT OF $500
AND APPROPRIATING SAD DONATED FUNDS
The Fire Prevention Bureau recently received a donation in of $500 from Pacific Ship,
Repair and Fabrication, Inc. to sponsor fire prevention programs. The funds will be used
to purchase fire prevention materials and supplies to enhance community outreach
efforts. (Fire Chief)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION NO. 2002-326, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A REFUND IN THE AMOUNT OF
$86,558.44 FROM LITTON SYSTEMS AND $24,035.70 FROM MOTOROLA AND
APPROPRIATING SAID FUNDS
In October 2001, the Fire Department purchased communications equipment and
software from Litton Systems and Motorola. The equipment and software were needed
for wireless communications between the Fire Department and Heartland Dispatch. After
experiencing various difficulties with the system, the vendors have opted to refund the
City for the original purchase. (Fire Chief)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-327, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING STAFF'S RECOMMENDED FUNDING
ALLOCATION FOR THE $78,500 RECEIVED FROM THE SAN DIEGO UNIFIED
PORT DISTRICT'S FINANCIAL ASSISTANCE PROGRAM FOR SPECIAL EVENTS
AND PROGRAMS FOR FISCAL YEAR 2002-2003, APPROPRIATING $3,000 IN
UNANTICIPATED REVENUE, AND AMENDING THE FISCAL YEAR 2003
BUDGET
Page 3 - Council Minutes 08/27/02
CONSENT CALENDAR (Continued)
The San Diego Unified Port District annually conducts a grant process to help member
cities fund special events, programs and projects. This spring, the Port received funding
requests to help partially fund five events or programs in Chula Vista, three of which
were submitted by the City. In the past, the Port has approved specific ftmding for
specific events in the various member cities. This year, however, the Port granted lamp
sum amounts to the member cities, leaving it to the individual cities to determine how to
allocate the funding. Chula Vista received a lump sum of $78,500, which City staff has
recommended allocating among three of the five events. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2002-328, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE ECONOMIC GARDENING
AGREEMENT, MAKING THE CITY THE FISCAL AGENT AND ALLOCATING AN
ADDITIONAL $5,000 1N CDBG FUNDS TO THE ECONOMIC GARDENING
PROGRAM
On June 4, 2002, the Council approved the CDBG budget, which included $10,000 in
funding for the proposed economic gardening program, a collaborative effort between the
City and Southwestern College. The originally requested amount of $15,000 was based
on cost estimates for special GIS software and business analyst software upgrades, in
addition to wages for technical staff, and was matched by Southwestern College to ensure
program quality and effectiveness. The implementation and success of the program will
be determined by the staff's ability to deliver the technical services originally estimated
in the proposal that go beyond the resources that the City or college can currently offer.
Therefore, staff seeks $5,000 to compensate for the shortage in program funding, to be
appropriated from unused CDBG funds in the High Tech/Bio Tech Zone Development
Impact Fee Reduction Program. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2002-329, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING CALIFORNIA STATE LIBRARY
CALIFORNIA LIBRARY SERVICES ACT ENGLISH LANGUAGE AND LITERACY
INTENSIVE (ELLI) GRANT FUNDS OF $97,200 AWARDED TO THE CHULA
VISTA LITERACY TEAM AND AMENDING THE FISCAL YEAR 2003 BUDGET
FOR THE CALIFORNIA LIBRARY SERVICES ACT FUND BY APPROPRIATING
UNANTICiPATED REVENUE OF $76,300
The Chula Vista Literacy Team has been awarded a California Library Services Act
English Language and Literacy Intensive (ELLI) grant of $97,200 from the California
State Library to develop and offer children's literacy services to children who are English
language learners. The ELLI grant program was created in response to Governor Davis'
focus on education and his desire to improve the literacy skills of California's school-age
children, especially those who come from homes where English is not the first language.
This is the second year that the Literacy Team has been awarded this grant; the funds
cannot be used to supplant the current tutor reading program. (Deputy City Manager
Palmer)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 08/27/02
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2002-330, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A MEDI-CAL MINI GRANT IN THE
AMOUNT OF $4,980 FROM THE CHULA VISTA ELEMENTARY SCHOOL
DISTRICT FOR THE DEVELOPMENT OF A HAND CYCLING AFTER SCHOOL
PROGRAM FOR STUDENTS WHO ARE PHYSICALLY CHALLENGED AT GREG
ROGERS ELEMENTARY SCHOOL, AUTHORIZING THE RECREATION
DIRECTOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL
YEAR 2003 RECREATION BUDGET BY APPROPRIATING $4,980 BASED ON
UNANTICIPATED GRANT REVENUE
The Chula Vista Elementary School District has awarded a Medi-Cal Mini-Grant to the
City. The grant is available on a reimbursement basis through May 2003 to provide
funding for a hand cycling after-school program at Greg Rogers Elementary School. The
funding would be used to provide three, eight-week hand cycling programs, which would
meet weekly for two hours on school grounds and include up to ten students in each
session. (Director of Recreation)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2002-331, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 BUDGET BY
ADDING ONE SPECIAL PLANNING PROJECTS MANAGER POSITION TO THE
PLANNING AND BUILDING DEPARTMENT AND APPROPRIATING $98,400
THEREFOR BASED ON UNANTICIPATED REVENUES FROM DEVELOPER
REiMBURSEMENTS
Guiding the planning and initial development of the Eastern Urban Center with existing
staff would necessitate re-prioritizing existing projects. In lieu of this, the developer has
agreed to fund a dedicated senior management position for a period of three years to
process the Eastern Urban Center development plans. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2002-332, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 BUDGET TO ADD
ONE MIDDLE MANAGEMENT DISASTER PREPAREDNESS MANAGER
POSITION IN THE FIRE DEPARTMENT AND APPROPRIATE FUNDS THEREFOR
FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND
September 11th heightened the need for homeland security measures at the local
government level. Terrorism added a new dimension to traditiona! disaster preparedness.
The Disaster Preparedness Manager will be responsible for development and
maintenance of a comprehensive emergency preparedness plan and citywide disaster
preparedness training. (Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Minutes 08/27/02
CONSENT CALENDAR (Continued)
14. RESOLUTION NO. 2002-333, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 2003 BUDGET
APPROPRIATING FUNDS TO COVER THE COST OF THE CONTRACT
AMENDMENT BETWEEN THE BOARD OF ADMiNISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION 21354.2 (3%
~ 60 FULL FORMULA) BENEFITS TO ALL ACTIVE LOCAL MISCELLANEOUS
MEMBERS
On August 28, 2001, the Council approved labor agreements with the City's
miscellaneous employee groups that included certain retirement benefit enhancements.
On August 20, 2002, the Council adopted a resolution of intention to approve an
amendment to the contract with the Board of Administration of the California Public
Employees' Retirement System and introduced an ordinance authorizing the amendment.
The appropriation of funds is needed to cover the cost of the contract amendment.
(Assistant City Manager Powell)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION NO. 2002-334, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG CHANGE ORDER NO. 8 FOR PHASE I OF
THE SALT CREEK GRAVITY SEWER iNTERCEPTOR (SW219) AND THE MAiN
STREET PAVEMENT RECONSTRUCTION PROJECT BETWEEN BROADWAY
AND INTERSTATE 805 (STM-332) AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER
On September 18, 2001, Council awarded a contract for $8,729,617.75 (plus
contingencies of $875,000) to Hazard Construction Company/T.C. Construction
Company, Inc. for the installation of a 42-inch gravity sewer line within Main Street,
between Broadway and Interstate 805. The contract also included the reconstruction of
the street pavement section on Main Street. The proposed change order, in the maximum
amount of $680,000, which includes approximately 10% for contingencies, is for
additional labor, equipment and materials for the open-cut construction of an
approximately 1,100 foot segment of the Salt Creek gravity interceptor sewer east and
west of Industrial Boulevard in order to expedite the overall completion of the interceptor
sewer.
Staff recommendation: Council adopt the resolution.
18.A. RESOLUTION NO. 2002-337, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, ACTiNG iN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY
RANCH VILLAGE SIX) DECLARING THE RESULTS OF A SPECIAL ELECTION
IN SUCH COMMUNITY FACILITIES DISTRICT
B. ORDiNANCE NO. 2870, ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH VILLAGE SIX),
AUTHORIZiNG THE LEVY OF A SPECIAL TAX iN SUCH COMMUNITY
FACILITIES DISTRICT (FIRST READiNG)
Page 6 - Cotmcil Minutes 08/27/02
CONSENT CALENDAR (Continued)
On July 9, 2002, the Council approved the resolution of intention to establish CFD No.
2001-2 and set the public hearing for August 13, 2002. On August 13th, the Council
approved resolutions (1) forming and establishing the district and (2) declaring the
necessity to incur bonded indebtedness. On August 20, 2002, a special election of
eligible property owners was held for the purpose of voting on the formation of the
district. Adoption of the proposed resolution and ordinance continues the formal
proceedings. (Director of Public Works)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
19. RESOLUTION NO. 2002-338, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WA1VING THE CONSULTANT SELECTION PROCESS
AND APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH
MCGILL MARTIN SELF, INC. FOR THE PROVISION OF PROJECT
MANAGEMENT AND SPECIAL TAX CONSULTANT SERVICES FOR THE
FORMATION OF COMMUNITY FACILITIES DISTRICT NO. CFD-07-1
(BROOKFIELD SHEA OTAY, LLC VILLAGE 11) AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT
The proposed agreement approves the second amendment to the existing agreement with
McGill Martin Self, Inc. for providing project management and special tax consultant
services for the formation of Community Facilities District 07-1 (CFD- 07-1). (Director
of Public Works)
Staff recommendation: Council adopt the resolution.
20. RESOLUTION NO. 2002-339, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE
AGREEMENT WITH MCGILL MARTIN SELF, INC. FOR THE PROVISION OF
PROJECT MANAGEMENT SERVICES REQUIRED FOR THE DESIGN AND
CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND
THE WOLF CANYON TRUNK SEWER AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
McGill Martin Self, Inc. has been providing project management services necessary for
the design and construction of the Salt Creek gravity sewer interceptor and the Wolf
Canyon trunk sewer. Due to a variety of unanticipated issues, the project design and
environmental document preparation for both projects has taken longer than originally
envisioned. The consultant's original contract amount was based on a project schedule
with a completion date of January 2002; however, the schedule was extended by'17
months, which led to the first amendment approved in October 2001. Since then, the Salt
Creek project has been on schedule, but several new developments have extended the
completion date of the Wolf Canyon project to June 2005. Adoption of the proposed
resolution amends the consultant's contract to enable the consultant to continue to
provide needed services until the Wolf Canyon project is completed. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
Page 7 - Council Minutes 08/27/02
CONSENT CALENDAR (Continued)
21. RESOLUTION NO. 2002-340, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAiViNG THE CONSULTANT SELECTION PROCESS,
APPROVING THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND DUDEK & ASSOCIATES, iNC., FOR THE
PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES REQUIRED
FOR THE FINAL DESIGN AND CONSTRUCTION OF THE SALT CREEK
GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
On May 2, 2000, the Council approved a contract with Dudek & Associates to provide
environmental and engineering services required for the final design and construction of
the Salt Creek gravity sewer interceptor and the Wolf Canyon tnmk sewer. As work on
the project proceeded, it became apparent that additional work would be needed beyond
that defined in the scope of the project, and a first amendment was approved at the staff
level for $42,762. In August 2001, the Council approved the second amendment for
$501,250 to include the provision of additional surveying, geotechnical and tunneling
oversight services. Since that time, several modifications have been made to the project
at the City's request, and the need for additional engineering and environmental services
requires a third amendment to the contract. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Horton moved to approve staff's recommendations and offered Consent
Calendar Items #1 through #15 and #18 through #21, headings read, texts waived.
The motion carded 5-0.
16. ACCEPTANCE OF REPORT ON THE APPLICATION, AND ADOPTION OF
RESOLUTION NO. 2002-335, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE iNITIATION OF PROCEEDINGS TO
CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 07-1
(BROOKFIELD SHEA OTAY VILLAGE 11) FOR THE BROOKFIELD SHEA
DEVELOPMENT AND APPROVING THE FORM OF A REIMBURSEMENT
AGREEMENT
Brookfield Shea Otay, LLC submitted an application to establish Community Facilities
District 07-1 (CFD-07-1) to fund the acquisition or construction of certain facilities
serving Chula Vista and development improvements serving the Brookficld Shea Otay
properties. Staff has reviewed the application and determined that the financial
information submitted with the application is preliminary and general in nature, and a
complete analysis on the financial feasibility of the project cannot be made at this time.
Staff believes, however, that adequate information and analysis will be generated during
the district formation to evaluate the developer's financial ability to bring the project to
completion in compliance with City criteria. (Director of Public Works)
Staff recommendation: Council accept the report and adopt the resolution.
This item was considered in conjunction with Item #17, below.
Page 8 - Council Minutes 08/27/02
CONSENT CALENDAR (Continued)
17. ACCEPTANCE OF REPORT ON THE APPLICATION AND ADOPTION OF
RESOLUTION NO. 2002-336, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO
CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 08-1
(OTAY RANCH VILLAGE SIX) FOR OTAY PROJECT L.P. AND APPROVING THE
FORM OF A REIMBURSEMENT AGREEMENT
Otay Project, L.P. submitted an application to establish Community Facilities District 08-
1 (CFD-08-1) to fund the acquisition or construction of certain traffic enhancement
facilities serving Chula Vista and development improvements serving the Otay Project,
L.P. properties. Staff has reviewed the application and determined that the financial
information submitted with the application is preliminary and general nature, and a
complete analysis on the financial feasibility of the project cannot be made at this time.
Staff believes, however, that adequate information and analysis will be generated during
the district formation to evaluate the developer's financial ability to bring the project to
completion in compliance with City criteria. (Director of Public Works)
Staffrecommendation: Council accept the report and adopt the resolution.
Regarding Items #16 and #17, Councilmember Rindone expressed concern that the preliminary
and general information in the staff report was not as complete and as thorough as that contained
in past CFD requests, and he believed that it was perhaps premature to proceed with the request.
Warren Diven, attorney for Best, Best & Krieger, replied that approval of the resolution simply
authorizes staffto initiate the proceedings to consider the formation of the CFD's and to bring on
board the consultants necessary to conduct the analyses and prepare the tax formulas and
boundary maps.
ACTION: Councilmember Rindone moved to accept the reports and offered Resolution Nos.
2002-335 and 2002-336, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
22. CONSIDERATION OF APPROVAL OF PCC-02-34, A CONDITIONAL USE PERMIT
REQUESTED BY VERIZON WIRELESS TO INSTALL, OPERATE AND MAINTAIN
A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF TWO 15-FOOT-
HIGH MONOPINES TO SUPPORT A TOTAL OF THREE ANTENNA ARRAYS,
TWO MICROWAVE DISHES, AND ONE GPS ANTENNA; AND AN ASSOCIATED
45-SQUARE-FOOT EQUIPMENT ENCLOSURE BEHIND A SINGLE-FAMILY
HOME AT 455 QUAIL COURT (Continued from 08/20/02)
Vefizon Wireless has requested a Conditional Use Permit to install, operate and maintain
an unmanned wireless communications facility consisting of two 15-foot-high monopines
to support a total of three antenna arrays, two microwave dishes, and one GPS antenna;
and an associated 45-square-foot equipment enclosure behind a single-family home
located at 455 Quail Court. The monopines proposed would be approximately 70 to 90
feet south of existing Pacific Bell/Cingular antennas located on the same lot. The
Environmental Review Coordinator has concluded that the project is a Class 3(c)
categorical exemption from environmental review (CEQA Section 15303, new
construction of small structures). (Director of Planning & Building)
Page 9 - Council Minutes 08/27/02
PUBLIC HEARINGS (Continued)
Notice of the hearing 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. There were no members of the public who wished to
speak.
ACTION: Mayor Horton moved to continue the heating to September 17, 2002.
Councilmember Davis seconded the motion, and it carried 5-0.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING APPROVAL OF CONDITIONAL USE PERMIT, PCC-02-34, TO
VERIZON WIRELESS TO CONSTRUCT AN UNMANNED WIRELESS
COMMUNICATIONS FACILITY AT 455 QUAIL COLrRT
23. CONSIDERATION OF ACQUISITION OF ASSESSOR'S PARCEL NUMBERS 644-
090-04 AND 644-080-09 FOR OFF-SITE ENVIRONMENTAL MITIGATION
REQUIREMENTS OF OTAY RANCH FINAL MAPS
The City, Otay Land Company, LLC and Otay Project, L.P. have negotiated a settlement
agreement to meet Otay Project's Resoume Management Plan conveyance obligation for
pending final maps within SPA One and Village Six. Pursuant to the settlement
agreement, the City will inspect and appraise the property. The agreement provides for
the City to facilitate a "friendly" condemnation process for the acquisitions. Adoption of
the resolution of necessity begins the condemnation process and allows for the timely
completion of that process. (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.
Environmental Project Manager Lundstedt discussed the Otay Ranch Resource Management
Plan and findings necessary to adopt the Resolution of Necessity.
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 No. 2002-341, heading read, text
waived:
RESOLUTION NO. 2002-341, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE
PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING CONDEMNAIION AND IMMEDIATE POSSESSION OF
ASSESSOR'S PARCEL NUMBERS 644-090-04 AND 644-080-09 FOR OFF-
SITE ENVIRONMENTAL MITIGATION REQUIREMENTS OF OTAY
RANCH FINAL MAPS AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE
SAID PROPERTY IN THE MANNER PROVIDED BY LAW
The motion carded 5-0.
Page 10 - Council Minutes 08/27/02
PUBLIC HEARINGS (Continued)
24. CONSIDERATION OF PRECISE PLAN PCM-01-18 TO ALLOW THE
DEVELOPMENT OF 12 TOWN HOMES IN SIX DUPLEX BUILDINGS AT 777 ADA
STREET
The applicant seeks an increase from 10 to 12 dwelling units, utilizing the provisions for
a Precise Plan as outlined in Zoning Code Sections 19.14.570-580. The Montgomery
Specific Plan provides that a net density bonus of 25 percent may be given to
development projects "characterized by outstanding planning or urban design" if
approved by the Planning Commission and City Council. If approved, the applicant
would file a 12-unit condominium parcel map where each unit would possess 1,552
square feet or 1,647 square feet of floor area with three or four bedrooms and three
bathrooms. Amenities, such as attached two-car garages, rear yards, patios and two
common open space areas, would be included. Pursuant to compliance with the
Califomia Environmental Quality Act, the Environmental Division has reviewed the
proposal and found that the project is a Class 32 exemption for infill developments.
(Director of Planning & Building)
Notice of the hearing 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 Whipple presented the proposed site plan for the Ada Street townhouses.
Mayor Horton opened the public hearing. With no members of the public wishing to speak, she
then closed the public hearing.
ACTION: Councilmember Salas offered Resolution No. 2002-342, heading read, text
waived:
RESOLUTION NO. 2002-342, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING PRECISE PLAN ZONING
PERMIT PCM-01-18 TO ALLOW THE DEVELOPMENT OF 12 TOWN
HOMES IN SIX DUPLEX BUILDINGS TO BE LOCATED AT 777 ADA
STREET (PCM-01 - 18)
The motion carried 5-0.
ACTION ITEMS
25. CONSIDERATION OF APPROVAL OF A CONVEYANCE SETTLEMENT
AGREEMENT BETWEEN THE CITY, OTAY PROJECT, L.P. AND THE OTAY
LAND COMPANY, LLC
The Otay Ranch Resource Management Plan (RMP) Phase 2 contains a conveyance
schedule for the Otay Ranch Preserve. Approval of the settlement agreement will
facilitate the City acquiring land under eminent domain procedures from the Otay Land
Company, which will satisfy Otay Project's conveyance obligation. On August 7, 2002,
the County Board of Supervisors approved an amendment to the RMP conveyance plan.
That amendment was determined by the County to be substantially consistent with the
amendments to the conveyance plan approved by the City in June 1998. As set out in the
agreement, the process will involve a "friendly" condemnation, and the cost of the
proceedings, including land acquisitions, will be borne by Otay Project. (Director of
Planning and Building)
Page 11 - Council Minutes 08/27/02
ACTION ITEMS (Continued)
Councilmember Rindone commended staff for an outstanding job in negotiating for the City and
for meeting the intent of the original agreements and land use designation.
Mayor Horton acknowledged Supervisor Greg Cox for his leadership in assisting the City in
working with the development community and Board of Supervisors. She also thanked City
Manager Rowlands, Senior Assistant City Attomey Moore, and the development community for
their cooperation.
ACTION: Councilmember Davis offered Resolution No. 2002-343, heading read, text
waived:
RESOLUTION NO. 2002-343, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE CONVEYANCE
SETTLEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA;
OTAY PROJECT, LP, AND THE OTAY LAND COMPANY, LLC; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The motion carded 5-0.
26. CONSIDERATION OF APPROVAL OF FIRST FINAL "A" MAPS IN UNITS 1 AND
2 OF CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE SIX,
SUBDiVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE
SIX, AND AN AMENDMENT TO THE DESILTATION AND MAINTENANCE
AGREEMENT FOR THE POGGI CANYON CHANNEL
On March 26, 2002, by Resolution No. 2002-089, the Council approved a Tentative
Subdivision Map for Chula Vista Tract 02-05, Otay Ranch Village 6. Adoption of the
resolutions approves the First Final "A" Maps within Otay Project L.P.'s ownership in
Village 6, the subdivision improvement agreement and the supplemental subdivision
improvement agreement for Otay Ranch Village Six, and the amendment to the
desiltation and maintenance agreement for the Poggi Canyon Channel. (Director of
Public Works)
ACTION: Councilmember Rindone offered the following resolutions, headings read, texts
waived:
A. RESOLUTION NO. 2002-344, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE FIRST FINAL 'A' MAPS
1N UNITS 1 AND 2 OF CHULA VISTA TRACT NO. 02-05, OTAY RANCH
VILLAGE SIX, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISIONS, ACCEPTING ON BEHALF OF THE PUBLIC EAST
PALOMAR STREET, LA MEDIA ROAD, MAGDALENA AVENUE, SANTA
VENETIA STREET, BIRCH ROAD, VIEW PARK WAY, SUTTER BUTTES
STREET, SAINT ELIZABETH AVENUE, AND A PORTION OF OLYMPIC
PARKWAY, APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED
BY SAID SUBDiVISION~ AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
Page 12 - Council Minutes 08/27/02
ACTION ITEMS (Continued)
B. RESOLUTION NO. 2002-345, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE 'A' MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE 6, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION NO. 2002-346, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE
DESILTATION AND MAINTENANCE AGREEMENT WITH OTAY
PROJECT L.P. FOR THE POGGI CANYON CHANNEL IMPROVEMENTS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
The motion carried 5-0.
27. CONSIDERATION OF APPROVAL OF FINAL "A" MAP OF CHULA VISTA
TRACT NO. 02-03, MCMILLIN OTAY RANCH VILLAGE SIX, THE "A" MAP
SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
02-03, MCMILLIN OTAY RANCH VILLAGE 6, AND A SECOND AMENDMENT
TO THE DESILTATION AND MAINTENANCE AGREEMENT WITH MCMILLIN
OTAY RANCH, LLC FOR THE POGGI CANYON IMPROVEMENTS
On February 26, 2002, by Resolution No. 2002-060, the Council approved a Tentative
Subdivision Map for Chula Vista Tract 02-03, McMillin Otay Ranch Village 6.
Adoption of the resolutions approves the First Final "A" Map, the subdivision
improvement agreement and supplemental subdivision improvement agreement for
McMillin Otay Ranch Village Six, and thc second amendment to the &siltation and
maintenance agreement for the Poggi Canyon Channel. (Director of Public Works)
ACTION: Councilmember Rindone offered the following resolutions, headings read, texts
waived:
A. RESOLUTION NO. 2002-347, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP OF
CHULA VISTA TRACT NO. 02-03, MCMILLIN OTAY RANCH VILLAGE
SIX, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHiN SAID SUBDIVISIONS,
ACCEPTING ON BEHALF OF THE PUBLIC LA MEDIA ROAD,
MAGDALENA AVENUE, SANTA VENETIA STREET AND BIRCH ROAD,
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. 2002-348, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHULA VISTA TRACT NO. 02-03, MCMILLIN OTAY RANCH VILLAGE 6,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 13 - Council Minutes 08/27/02
ACTION ITEMS (Continued)
C. RESOLUTION NO. 2002-349, RESOLUTION OF THE CITY COUNC1L OF
THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO
THE DESILTATION AND MAINTENANCE AGREEMENT WITH
MCMILL1N OTAY RANCH, LLC (POGGI CANYON IMPROVEMENTS)
AND AUTHORIZING THE MAYOR TO EXECUTE SA1D AMENDMENT
The motion carried 5-0.
28. CONSIDERATION OF APPROVAL OF THE F1NAL "B" MAP OF CHULA VISTA
TRACT NO. 96-04B, OTAY RANCH, VILLAGE FIVE, NEIGHBORHOODS R-39,
UNIT 1, THE SUBDIVISION IMPROVEMENT AGREEMENT FOR
IMPROVEMENTS REQUIRED BY THE SUBDIVISION, AND THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY
RANCH VILLAGE FIVE, NEIGHBORHOOD R-39, UNIT 1, PORTION OF VILLAGE
FIVE, OTAY RANCH SPA ONE
On August 28, 2001, by Resolution 2001-291, the Council approved a Revised Tentative
Map for Neighborhoods R-30 and R-39 of Village 5 of Otay Ranch, SPA One. Adoption
of the resolutions approves the Final "B" Map for R-39, Unit 1, and the associated
agreements. (Director of Public Works)
ACTION: Councilmember Rindone offered the following resolutions, headings read, texts
waived:
A. RESOLUTION NO. 2002-350, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF
CHULA VISTA TRACT NO. 96-04B, OTAY RANCH, VILLAGE FIVE,
NEIGHBORHOOD R-39, UNIT 1, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA ASSIGNABLE AND IRREVOCABLE GENERAL
UTILITY AND ACCESS EASEMENTS AND WALL 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. 2002-351, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE "B" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE FIVE, NEIGHBORHOOD R-39, UNIT 1, PORTION
OF VILLAGE FIVE, OTAY RANCH SPA ONE, REQUIRING DEVELOPER
TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2001-291, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The motion carried 5-0.
29. CONSIDERATION OF APPROVAL OF THE FINAL "B" MAP OF CHULA VISTA
TRACT NO. 98-06A, OTAY RANCH, VILLAGE ONE WEST SOUTH,
NEIGHBORHOODS R-57A, R-59A, R-56 UNIT 1, AND R-58 UNIT 1, THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR IMPROVEMENTS
REQUIRED BY THE SUBDIVISION, AND THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ONE WEST
SOUTH, NEIGHBORHOODS R-57A, R-59A, R-56 UNIT 1, AND R-58 UNIT 1,
PORTION OF VILLAGE ONE WEST SOUTH, OTAY RANCH SPA ONE
Page 14 - Council Minutes 08/27/02
ACTION ITEMS (Continued)
On April 24, 2001, by Resolution 2001-119, the Council approved a Tentative Map for
Chula Vista Tract 98-06A, Otay Ranch, SPA One, Village One West South. On October
5, 2001, by Resolution 2001-319, the Council approved Village One West South "A"
Map No. 1. Adoption of the resolutions approves four Final "B" Maps within Village
One West South and four "B" Map supplemental subdivision improvement agreement for
all four neighborhoods of the Tentative Map. (Director of Public Works)
ACTION: Councilmember Rindone offered the following resolutions, headings read, texts
waived:
A. RESOLUTION NO. 2002-352, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF
CHULA VISTA TRACT NO. 98-06A, OTAY RANCH, VILLAGE ONE WEST
SOUTH, NEIGHBORHOODS R57A, R-59A, R-56 UNIT 1, AND R-58 UNIT 1,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA ASSIGNABLE
AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS
AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID
SUBDiVISIONS, APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED
BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
B. RESOLUTION NO. 2002-353, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE "B" MAPS
SUPPLEMENTAL SUBDWISION IMPROVEMENT AGREEMENTS FOR
OTAY RANCH VILLAGE ONE WEST SOUTH, NEIGHBORHOODS R-57A,
R-59A, R-56 UNIT 1, AND R-58 UNIT 1, PORTION OF VILLAGE ONE
WEST SOUTH, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO
COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2001-119, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The motion carried 5-0.
OTHER BUSiNESS
30. CITY MANAGER'S REPORTS
There were none.
31. MAYOR'S REPORTS
There were none.
32. COUNCIL COMMENTS
Councilmember Davis conveyed the need to make timely appointments to fill vacancies on the
Mobilehome Rent Review Commission, since the Commission is currently unable to conduct its
meetings due to the lack of a quorum.
Councilmember Davis commented on the success of the recent "Celebrate Chula Vista" festival.
Page 15 - Council Minutes 08/27/02
OTHER BUSINESS (Continued)
Deputy Mayor Padilla congratulated those who participated for the success of the "Celebrate
Chula Vista" event.
Mayor Horton suggested that the date for the "Celebrate Chula Vista" event be coordinated with
other city events.
Councilmember Salas congratulated the Chula Vista Chamber of Commerce for drawing the
eastern community to the "Celebrate Chula Vista" event by providing a shuttle bus.
Councilmember Rindone spoke regarding the downtown monument sign, clarifying for the
benefit of the downtown business community that the Council had approved the sign with some
minimal changes. City Manager Rowlands reported that the matter would be considered at the
Council meeting of September 17, 2002.
Councilmember Rindone stated that he was pleased with the "Celebrate Chula Vista" event.
Councilmember Rindone requested that an appropriate recognition of the September 11, 2001
tragedy be scheduled for the meeting of September 10, 2002, under "Special Orders of the Day."
CLOSED SESSION
33. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One case
Closed session was cancelled, and the above item was not discussed.
ADJOURNMENT
At 7:39 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of September 10,
2002, at 6:00 p.m. in the Council Chambers. (There will be no meeting on September 3, 2002, in
accordance with provisions of the Municipal Code.)
Susan Bigelow, CMC, City Clerk
Page 16 - Council Minutes 08/27/02