HomeMy WebLinkAboutcc min 2002/11/12 MINUTES OF A REGULAR MEET1NG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
November 12, 2002 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08
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 6:15 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 FOR NEWLY APPOINTED BOARD & COMMISSION
MEMBERS:
Susan Fuller Nature Center Board of Trustees
Cheryl Cox -Nature Center Board of Trustees
Herbert Young - Nature Center Board of Trustees
Margery Stinson - Nature Center Board of Trustees
Diannah Smith - Cultural Arts Commission
City Clerk Bigelow administered the oath to Ms. Stinson, Ms. Smith and Mr. Young, and
Councilmember Davis presented them with certificates of appointment. Susan Fuller and Cheryl
Cox were not present at the meeting.
· PRESENTATION OF A CERTIFICATE BY CATHERiNE HILL OF THE LEAGUE
OF CALIFORNIA CITIES TO COUNCILMEMBER DAVIS 1N RECOGNITION OF
HER GRADUATION FROM THE LEAGUE OF CALIFORNIA CITIES MAYORS'
AND COUNCILMEMBERS' ACADEMY
Catherine Hill presented Councilmember Davis with a certificate in recognition of her graduation
from the League of California Cities' Mayors' and Councilmembers' Academy.
· PRESENTATION BY ROBERT WHITE, CHAIRPERSON OF THE CHULA VISTA
VETERANS ADVISORY COMMISSION OF THE 2002 SERVICE TO VETERANS
ANNUAL AWARD
SPECIAL ORDERS OF THE DAY (Continued) -
Chairman White introduced John Smith, Chairman of the United Veterans Council for San Diego
County. Mr. White recognized John Willett as Chnla Vista Veteran of the Year, and he also
recognized the Chula Vista Veterans Advisory Commission. He then presented the 2002 Service
to Veterans Award and a plaque to Mayor Horton.
· 7:30 P.M.: RECOGNITION BY MAYOR HORTON OF SENATOR STEVE PEACE
Mayor Horton recognized Dr. Libia Gil, Chula Vista School Superintendent, for her many
contributions to the City and presented Dr. Gill with a plaque.
Mayor Horton then recognized Senator Steve Peace for his countless accomplishments and
presented him with a key to the City. Supervisor Greg Cox presented Senator Peace with a
proclamation on behalf of the San Diego County Board of Supervisors.
CONSENT CALENDAR
(Items 1 through 15)
Item #7 was removed from the Consent Calendar for separate consideration at the request of the
public. Item # 10 was moved to Action Items at the request of staff; and Item #15 was continued
to the meeting of November 19, 2002 at the request of staff.
1. APPROVAL OF MINUTES of November 5, 2002.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 2885, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 0SM (VILLAGE SIX MCMILLIN
OTAY RANCH AND OTAY RANCH COMPANY) AUTHORIZING THE LEVY OF
A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA OF SUCH COMMLg~ITY
FACILITIES DISTRICT (SECOND READING AND ADOPTION)
Adoption of the ordinance concludes the formal proceedings to establish Community
Facilities District No. 08M. This district would fund the perpetual operation and
maintenance of slopes, medians and parkways and storm water treatment facilities
associated with Village Six MeMillin Otay Ranch and Otay Ranch Company. 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)
Staffrecommendation: Council place the ordinance on second reading for adoption.
Page 2 - Council Minutes 11/12/02
CONSENT CALENDAR (Continued)
3. RESOLUTION NO. 2002-438, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTiNG BIDS AND AWARDING CONTRACT FOR
THE TRAFFIC SIGNAL INSTALLATIONS AT THE INTERSECTION OF EAST
PALOMAR STREET AND BRANDYWINE AVENUE/MEDICAL CENTER DRIVE
(PROJECT TF-304) AND EAST PALOMAR STREET AND SANTA CORA AVENUE
(PROJECT TF-306) IN THE CITY OF CHULA VISTA
On October 9, 2002, the Director of Public Works received sealed bids from three
electrical contractors for these projects. The scope of the projects includes the
installation of fully actuated traffic signal systems and other work necessary to complete
the projects. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2002-439, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 9 FOR PHASE I OF
THE SALT CREEK GRAVITY SEWER iNTERCEPTOR PROJECT (SW219) AND
THE MAIN STREET PAVEMENT RECONSTRUCTION BETWEEN BROADWAY
AND INTERSTATE 805 PROJECT (STM-332), AND AUTHORIZING THE
D1RECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON
BEHALF OF THE CITY
On September 18, 2001, Council awarded a contract in the amount of $8,729,617.75
(plus contingencies of $875,000.00) 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 (SW-219). This contract also includes
the reconstruction of the street pavement section on Main Street between Broadway and
Interstate 805 (STM-332). Proposed Change Order No. 9, in the amount of $113,172.50,
is for additional labor, equipment, and materials to repave Otay Valley Road, between
Date Street and Main Street, in its entirety in order to properly repair sewer trenches
within the roadway. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2002-440, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING CITY'S iNTENTION TO UNDERGROUND
OVERHEAD UTILITIES ALONG "L" STREET FROM BROADWAY TO THIRD
AVENUE, AND SETTiNG A PUBLIC HEARING FOR THE FORMATION OF
UNDERGROUND UTILITY DISTRICT NUMBER 135 FOR DECEMBER 10, 2002
AT 6:00 P.M.
On April 12, 2002, Underground Utility Advisory Committee meetings were held at the
site to determine the proposed boundary of an underground utility district for the
conversion of existing overhead utilities. The district's limits extend along "L' Street
from Broadway to Third Avenue. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 11/12/02
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2002-441, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND
OVERHEAD UTILITIES ALONG EAST "L" STREET FROM MONSERATE
AVENUE TO NACION AVENUE, AND SETTING A PUBLIC HEARING FOR THE
FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 134 FOR
DECEMBER 10, 2002 AT 6:00 P.M.
On March 15, 2002, an Underground Utility Advisory Committee meeting was held at
the site to determine the proposed boundary of an underground utility district for the
conversion of existing overhead utilities. The district's limits extend along East "L"
Street from Monserate Avenue to Nacion Avenue. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-442, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL MAP OF CHULA VISTA TRACT
NO. 01-09, EASTLAKE III VISTAS PHASE II VR-9 AND VR-11, ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE SEWER AND ACCESS
EASEMENTS, ALL AS GRANTED ON SA1D MAP WITHIN SA1D SUBDIVISION
Adoption of the resolution approves a final map of Chula Vista Tract No. 01-09, Eastlake
III Vistas, Phases II VR-9 and VR-11. The map contains a maximum of 172
condominium units. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
9 A. RESOLUTION NO. 2002-443, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE POGGI CANYON PUMPED SEWER
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EASTLAKE
COMPANY, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY
B. RESOLUTION NO. 2002-444, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $80,418 FROM THE AVAILABLE
BALANCE IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS
DEVELOPMENT IMPACT FEE FUND FOR THE REIMBURSEMENT OF COSTS
PERTAiNiNG TO THE PREPARATION OF THE STUDiES REQUIRED FOR THE
ESTABLISHMENT OF THE PUMPED SEWER DEVELOPMENT IMPACT FEE
AND TO THE CONSTRUCTION OF CERTAIN SEWER IMPROVEMENTS
NEEDED TO CONVEY PUMPED FLOWS
Approval of the proposed agreement would constitute full satisfaction of Conditions 86,
87, 88, and 89 of the Eastlake III Woods and Vistas tentative map approved by Council
Resolution No. 2001-269; and of the requirements of Section 10 of the master
development agreement for the same project approved by Council Resolution No. 2002-
090. In addition, the agreement contains provisions that will bring all developed parcels
within the Eastlake Development (i.e., Greens, Trails, Vistas, and the Woods) and the
Olympic Training Center in full compliance with the requirements of the pumped sewer
Page 4 - Council Minutes 11/12/02
CONSENT CALENDAR (Continued)
Development Impact Fee (DIF). Adoption of the resolution appropriates $80,418 from
the Telegraph Canyon sewer pumped DIF fund for reimbursing certain funds advanced
by Eastlake for the preparation of the studies required for establishing the DIF and for the
construction of certain sewer improvements needed to convey pumped flows. (Director
of Public Works)
Staff recommendation: Council adopt the resolutions.
10. Item #10 was moved to Action Items at the request of staff.
11. CONSIDERATION OF AMENDMENTS TO THE PUBLIC WORKS DEPARTMENT
BUDGET BY ADDING TWO STORM WATER COMPLIANCE INSPECTOR
POSITIONS, ONE SENIOR MAINTENANCE WORKER AND ONE NEW
MAINTENANCE WORKER 1]II FOR THE STORM WATER PROGRAM
(CONTINUED FROM 11/5/02 -- Director of Public Works)
Staff recommendation: Continue this item to November 19, 2002.
12. RESOLUTION NO. 2002-447, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ADOPTION OF THE 2002 CHULA
VISTA SUBDIVISION MANUAL, THE 2000 STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION ("GREENBOOK"), 2000 GREENBOOK
REGIONAL SUPPLEMENTS, THE 2000 REGIONAL STANDARD DRAWINGS,
2002 CHULA VISTA STANDARD SPECIAL PROVISIONS, 2002 CHULA VISTA
DESIGN AND CONSTRUCTION STANDARDS (EXCLUDING CVCS-3 & 4),
PORTIONS OF THE 1999 STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION STANDARD PLANS AND STANDARD SPECIFICATIONS
PERTAINING TO TRAFFIC SIGNALS, SIGNAGE, STRIPING, AND SAFETY
DEVICES, AND THE 1996 STATE OF CALIFORNIA MANUAL OF TRAFFIC
CONTROLS
Engineering staff prepared revisions to the Chula Vista Subdivision Manual to reflect
changes in standard engineering practices and current planning policies affecting
subdivision design. The manual incorporates changes recommended by the Public
Works, Fire, Building and Park Construction, and Planning and Building Departments,
along with various recommendations from the development and design professional
communities. In 2000, the "Standard Specifications for Public Works Construction",
commonly known as the "Greenbook," was revised to reflect changes in technologies,
specifications, and performance tests for the construction industry. The Regional
Standards Committee, which includes Chula Vista, has updated the Regional Standard
Drawings and Specifications and has published the revised 2000 edition. Engineering
staff has also revised the City's Standard Special Provisions and the City's Department of
Public Works "Design Standards and Construction Standards." (Director of Public
Works)
Staffrecommendation: Council adopt the resolution.
Page 5 - Council Minutes 11/12/02
CONSENT CALENDAR (Continued) -
13. RESOLUTION NO. 2002-448, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A DONATION OF THREE LONG-BED
UTILITY ELECTRIC GLOBAL ELECTRIC MOTORS (GEM) VEHICLES FROM
THE NATIONAL PARK SERVICE FOR THE RECREATION DEPARTMENT
The Recreation Department submitted a proposal in August 2002 to the U.S. Department
of the Interior - National Park Service (NPS) to receive a donation of three electric utility
vehicles from Global Electric Motors (GEM), a subsidiary of Daimler Chrysler. The
department was recently notified of approval of its request and must formally accept the
donation from NPS. (Director of Recreation)
Staffrecommendation: Council adopt the resolution.
14. RESOLUTION NO. 2002-449, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 RECREATION
DEPARTMENT BUDGET BY APPROPRIATING $10,807 IN COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE WIZ KIDZ PROGRAM
The Youth Services Network, a collaborative comprised of six agencies, including the
Recreation Department, was awarded $121,000 in Community Development Block Grant
(CDBG) funds for fiscal year 2002/2003. The Recreation Department is requesting an
appropriation of its share of the funds, or $10,807, to its operating budget to fund the Wiz -
Kidz program at Otay Recreation Center and Montgomery Elementary School for the
fiscal year. (Director of Recreation)
Staff recommendation: Council adopt the resolution.
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PURCHASE AGREEMENT WITH OTAY PROJECT, LP FOR
THE REAL PROPERTY NEEDED FOR FIRE STATION NO. SEVEN, LOCATED AT
THE SOUTHEAST CORNER OF LA MEDIA ROAD AND STREET A IN VILLAGE
TWO OF OTAY RANCH IN EASTERN CHULA VISTA, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM THE MEETING
OF NOVEMBER 5, 2002)
The City Council previously approved capital improvement program project PS-150,
which involves the construction of a completed and fully functional 12,000 square-foot,
four-bay fire station, including the facilities and site work required to provide fire service
to the eastern tenitofies of the City. The design phase of the project has already
commenced. The resolution authorizes the purchase of the real property for Fire Station
No. Seven. (Director of Building and Park Construction)
Staffrecommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff's recommendations and offered -
Consent Calendar Items #1 through #6, Items #8 and #9, and Items #12 through
#14, headings read, texts waived. The motion carried 5-0.
Page 6 - Council Minutes 11/12/02
CONSENT CALENDAR (Continued)
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHiNG A TWO-HOUR LIMITED PARKING IN ALL AREAS FRONTING
SINGLE-FAMILY HOMES ADDRESSED WITH SHEFFIELD COURT, AND
AMENDING SCHEDULE VI OF THE REGISTER MAINTAINED IN THE OFFICE
OF THE CITY ENGINEER
Staff received a letter from James Rose and Gary Wright, residents of Sheffield Court,
complaining that residents of the Windsor Heights planned unit development
continuously park their vehicles on Sheffield Court. The letter mentioned that the
residents of Windsor Heights have inadequate parking within their complex and
constantly choose to park their vehicles on Sheffield Court and in front of the single-
family homes fronting that roadway, thereby causing safety issues with lack of driveway
clearance and creating problems with the Pacific Waste automated trash pickup system.
The proposed two-hour parking zone would discourage the residents of Windsor Heights
from parking their vehicles in front of the single-family homes for the entire day.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
Pat Talese, representing the Windsor Heights homeowners and Board of Directors, stated that
Sheffield Court is a wide, residential street with sidewalks on both sides and with adequate street
lighting. He believed that the City Safety Commission's recommendation for a limited two-hour
parking restriction should not be endorsed, since Sheffield Court is a residential rather than
commercial street, and since if parking were a safety risk, then any designated time would not be
warranted.
Lori Sanna, representing the Windsor Heights homeowners, submitted photographs of vehicles
parked on Sheffield Court that revealed no parking or safety issues. She spoke in opposition to
the recommended two-hour parking restriction and proposed that permits be issued for the
Sheffield Court residents only. Ms. Sarma added that if parking on Sheffield Court is unsafe,
then it should be unsafe for everyone.
Elizabeth Vest, a Windsor Heights resident, suggested that one parking space be assigned to each
resident on Sheffield Court and then the remaining spaces left for others to use.
James Rose stated that there is adequate parking in the Windsor Heights complex, which has 52
parking spaces assigned for guests only. He submitted photographs of backed-up parking on
Sheffield Court, stating that the street is particularly congested at night and on the weekends. He
stated that vehicles often park over the edges of driveways and more than 18 inches from the
curb. He added that the parked vehicles also restrict simultaneous emergency vehicle access.
Mr. Rose urged the Council to impose the two-hour limited parking.
Dorothy Braidie suggested that the curbs on each side of the driveways on Sheffield Court be
painted red.
Page 7 - Council Minutes 11/12/02
CONSENT CALENDAR (Continued)
John Stassi spoke in support of the comments made by previous Windsor Heights residents and
added that the storage parking does not affect trash pick up.
John Sarma stated that the residents on Sheffield Court leave their trash cans spread out on the
sidewalk for an entire week at a time. He also reported that vehicles parked on the street have
been vandalized. Mr. Sanna stated that the street fills up with parked cars mostly near the
Windsor Heights complex and only at night.
Paul Welebob stated that he has to get up early on trash pick-up days to ensure that his trash cans
have not been placed on the sidewalk, since Pacific Waste will collect only from cans in the
street. He also stated that there is adequate parking within the Windsor Heights complex, and he
recommended enforcement of a two-hour parking restriction 24 hours per day.
Gary Wright furnished photographs of vehicles parked on the street at all hours of the day. He
stated that vehicle storage is hazardous to residents when trying to back out of their driveways.
He also stated that vehicles are parked on the street for days at a time and that people move trash
cans from the street onto the sidewalk in order to park. Mr. Wright spoke in support of the two-
hour parking restriction and recommended that the Windsor Heights residents be allowed to park
in the 52 designated guest parking spaces within the complex.
Chad Meyer agreed that the Windsor Heights residents should be allowed to utilize the 52 guest
parking spaces. He felt it was unsafe for the residents who park further up on Sheffield Court to
have to walk to the complex at night.
Brad Wilson spoke in support of permitting the residents of Windsor Heights to park in the guest
parking spaces and suggested that perhaps a fee be charged for the parking. He added that his
car had also been vandalized while parked on the street.
Carol Talese, president of the Windsor Heights Homeowners Association, stated that problems
have occurred when families have more cars than designated parking spaces. She believed the
association needed to review its CC&R's with regard to the guest parking; however, she was
informed that the open space is required by the City.
John Stassey stated that the City allows 72-hour limited street parking and suggested that
residents contact the police to remove vehicles in violation of the limited time provision.
Brad Wilson referenced Municipal Code Section 19.62.050, which requires each dwelling to
have two parking spaces for owners, but pointed out that there is no stipulation for guest parking.
He stated that the Council has the authority to change thc CC&R's to allow the homeowners
association to use its guest parking for the residents.
Mayor Horton recommended that the Council meet with the homeowners association and City
staffto seek a mutual resolution between the parties.
ACTION: Deputy Mayor Padilla moved to continue the item to a date to be determined by
staff; to direct staff to contact the homeowners association; and to direct staff to
provide additional information to the Council with regard to enforcement of the
72-hour parking restriction contained in the vehicle code. Councilmember Davis
seconded the motion, and it carTied 5-0.
Page 8 - Council Minutes 11/12/02
ORAL COMMUNICATIONS
Robert Solomon spoke regarding the illegal placement of political signs throughout the City and
commented on the need to update the City's ordinance to include a deterrent for illegal sign
placement and then to enforce the provision.
ACTION ITEMS
10 A. RESOLUTION NO. 2002-445, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FORM OF AN
ACQUISITION/FINANCiNG AGREEMENT PERTAINING TO COMMUNITY
FACILITIES DISTRICT NO. 06- I (EASTLAKE - WOODS, VISTAS, AND LAND
swAp)
B. RESOLUTION NO. 2002-446, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACTiNG IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS,
VISTAS, AND LAND SWAP), AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT FOR IMPROVEMENT
AREA A THEREOF, APPROVING THE FORM OF BOND INDENTURE, BOND
PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND
OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN
CONNECTION WITH THE ISSUANCE OF SUCH BONDS
Adoption of the resolutions approves the acquisition/finance agreement with The
EastLake Company, LLC, that establishes the procedure for acquiring the improvements
from the developer, which will require each individual component of the projects to be
completed before acquisition and reimbursement. Adoption of the resolution also
approves the issuance of special tax bonds of CFD No. 06-1 for Improvement Area A in
the amount of $39,000,000 and approves the form of certain documents related to the
issuance of the bonds, including a bond indenture, bond purchase agreement and
preliminary official statement. The developer anticipates moving forward with the bond
sale for Improvement Area B early in the spring of 2003. (Director of Public Works)
ACTION: Councilmember Davis offered Resolution Nos. 2002-445 and 2002-446, headings
read, texts waived. The motion carried 5-0.
16. RESOLUTION NO. 2002-450, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE 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,
was asked 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 the
developer 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 to
change the identified programming in the Master Plan for any given park. The Parks and
Recreation Master Plan was approved by both the Parks and Recreation Commission and
the Growth Management Oversight Commission. (Director of Building and Park
Construction)
Page 9 - Council Minutes 11/12/02
ACTION ITEMS (Continued) -
Building and Parks Construction Director Campbell presented an overview of the Parks and
Recreation Master Plan.
Jerry Livingston, representing the Building Industry Association, thanked City staff for their
support in the process.
Robert Newman, representing the South Bay aquatic swim team and aquatic clubs, expressed
concern that the interests of the aquatics community were not fully represented during the
development of the Parks and Recreation Master Plan. He stated that he had asked to be notified
of opportunities for public input but was never contacted. He expressed the need for additional
pools, stating that the two existing pools, Loma Verde and Parkway, are inadequate. He asked
the Council to consider fast-tracking the proposed pools, since it is in the best interests of the
community to encourage youth to be physically active.
ACTION: Deputy Mayor Padilla offered Resolution No. 2002-450, heading read, text
waived. The motion carried 5-0.
PUBLIC HEARiNGS
17. CONSIDERATION OF APPROVAL OF AMENDMENTS TO TWO CHAPTERS OF
THE MUNICIPAL CODE RELATING TO UPDATES iN THE PARKS ACQUISITION -
AND DEVELOPMENT FEES AND THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEES
Since 2001, park development costs have been updated, potential parkland acreage re-
appraised, and growth impacts recalculated -- all of which indicate the need for a Park
Acquisition and Development (PAD) fee increase, as detailed in the "Park Acquisition
and Development Fee, 2002 Update." While adequate to provide basic neighborhood and
community park development, the new PAD fee will remain insufficient to build the
array of major recreation facilities, such as community centers, gymnasiums and swim
complexes that are proposed in the Parks & Recreation Master Plan. As large capital
projects, these major recreation facilities would be more appropriately funded through a
newly created Recreation component of the Public Facilities Development Impact Fee
(PFDIF). In addition to the proposed new component, a number of other changes to the
existing PFDIF fee structure are proposed in the "Public Facilities DIF, November 2002
Amendment," which will require a nominal fee increase. (Director of Budget and
Analysis)
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 Management Analyst Burciaga presented an overview of the parks and recreation
facilities fee, including the recreation component; the public facilities DIF; park land values;
park development; and park fees.
Page 10 - Council Minutes 11/12/02
PUBLIC HEAR1NGS (Continued)
Senior Assistant City Attorney Moore requested an amendment to Urgency Ordinance 2887-A to
add a new Section 8 entitled "Exempt Projects," to read: "Development projects of a total of 12
units or less that have received first plan check approvals for such units as of this date, and that
will receive second plan check approvals within 14 days of this date, shall be exempt from
provisions of this urgency ordinance."
Mayor Horton then opened the public hearing.
Jerry Livingston, representing the Building Industry Association, commended staff for their hard
work.
Special Projects Manager Chase commented that the project could not have been accomplished
without the cooperation of the developers and the Building Industry Association.
With no further members of the public wishing to speak, Mayor Horton closed the public
heating.
ACTION: Councilmember Rindone offered Urgency Ordinance No. 2886-A, Ordinance No.
2886, Urgency Ordinance No. 2887-A as amended, Ordinance No. 2887, and
Resolution No. 2002-451, headings read, texts waived:
A. URGENCY ORDiNANCE NO. 2886-A, URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER
17.10 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
UPDATES iN THE PARKS ACQUISITION AND DEVELOPMENT FEES TO
PAY FOR PARKLAND ACQUISITION AND VARIOUS PARK FACILITIES
WITHiN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA
BOUNDARY
B. ORDINANCE NO. 2886, ORDiNANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG CHAPTER 17.10 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO UPDATES iN THE PARKS
ACQUISITION AND DEVELOPMENT FEES TO PAY FOR PARKLAND
ACQUISITION AND VARIOUS PARK FACILITIES WITHIN THE CITY OF
CHULA VISTA'S GENERAL PLAN AREA BOUNDARY
C. URGENCY ORDINANCE NO. 2887-A, URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER
3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES
1N THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES TO PAY FOR
VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S
GENERAL PLAN AREA BOUNDARY
D. ORDINANCE NO. 2887, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG CHAPTER 3.50 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS
PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA'S GENERAL
PLAN AREA BOUNDARY
Page 11 - Council Minutes 11/12/02
PUBLIC HEARINGS (Continued) -
E. RESOLUTION NO. 2002-451, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE PARK ACQUISITION AND
DEVELOPMENT FEE, 2002 UPDATE AND THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE, NOVEMBER 2002 AMENDMENT
The motion carried 5-0.
18. CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.
140 ALONG QUINTARD STREET, FROM THIRD AVENUE TO ORANGE AVENUE
On October 22, 2002, the City Council approved Resolution No. 2002-402, ordering a
public hearing to be held on November 12, 2002, to determine whether the public health,
safety or general welfare requires the formation of an underground utility district along
Quintard Street, from Third Avenue to Orange Avenue. The purpose of forming the
district is to require the utility companies to underground all overhead lines and to
remove all existing wooden utility poles within the proposed district. The proposed
underground utility district is about 1,100 feet long and is estimated to cost
approximately $280,000. SDG&E's allocation funds (Rule 20-A) will be used to cover
the cost of the project, including reimbursements to affected property owners for their
respective trenching cost. (Director of Public Works)
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 hearing. With no members of the public wishing to speak, she
then closed the heating.
ACTION: Cotmcilmember Salas offered Resolution No. 2002-452, heading read, text
waived:
RESOLUTION NO. 2002-452, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 140 ALONG QUINTARD STREET FROM THIRD AVENUE
TO ORANGE AVENUE AND AUTHORIZING THE EXPENDITURE OF
UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE
LATERAL CONVERSION
The motion carried 5-0.
19. CONSIDERATION OF A CONDITIONAL USE PERMIT TO iNSTALL, OPERATE
AND MAINTAIN A WIRELESS TELECOMMUNICATIONS FACILITY
CONSISTING OF TWO, FIFTEEN-FOOT HIGH MONOPINES TO SUPPORT A
TOTAL OF THREE ANTENNA ARRAYS, TWO MICROWAVE DISHES, ONE GPS
ANTENNA, AND AN ASSOCIATED 45-SQUARE FOOT EQUIPMENT
ENCLOSURE BEHIND A SINGLE-FAMILY HOME AT 455 QUAIL COURT
Page 12 - Council Minutes 11/12/02
PUBLIC HEAR1NGS (Continued)
Verizon Wireless has requested a conditional use permit to install, operate and maintain
an unmanned wireless telecommunications facility in the back yard of a single-family
residence. Adoption of the resolution denies the conditional use permit. (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.
Associate Planner Vander Bie presented the project location.
Mayor Horton opened the public hearing.
Gregg Wakefield spoke in opposition to the proposed wireless facility, expressing his concerns
regarding health risks as a result of radio waves from the facility. He stated that the existing
antennas located next door to his home have decreased his property value, and he felt that the
proposed facility would be unsightly and further lower the value of his property. Mr. Wakefield
asked the Council to support the recommendation of the Planning Commission to reject the
construction of the facility.
Dave Helton stated that the proposed site would be located approximately 25 feet from his
bedroom window, which he felt would expose his family to potential health hazards. He added
that the proposed facility would also present an unsightly view from the deck of his home.
John Beke, representing Verizon Wireless, stated he was very conscious of the design and
aesthetic treatment of the site; that the proposed site is nearly invisible; and that any other site in
the commemial area would need to be much higher and would be more visible. He suggested
that the proposed site is the best for the whole of Chula Vista.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
ACTION: Councilmember Davis offered Resolution No. 2002-453, heading read, text
waived:
RESOLUTION NO. 2002-453, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DENYING CONDITIONAL USE PERMIT
PCC-02-34 TO VERIZON WIRELESS FOR CONSTRUCTION OF A
WIRELESS TELECOMMUNICATIONS FACILITY AT 455 QUAIL COURT
The motion carried 5-0.
20. CONSIDERATION OF APPROVAL OF A 35-FOOT MONOPALM ANTENNA
STRUCTURE WITH EQUIPMENT ENCLOSURE AT 1008 INDUSTRIAL
BOULEVARD (APPLICANT: SPRINT PCS)
Page 13 - Council Minutes 11/12/02
PUBLIC HEARiNGS (Continued) -
Sprint PCS has requested permission to install, operate, and maintain an unmanned
cellular communications facility within the existing parking lot of the Toys-R-Us
property on Industrial Boulevard, adjacent to the Interstate 5 northbound "L" Street
off/on ramps. The permit would allow for three antenna arrays on a 35-foot monopalm.
A 450-square-foot radio equipment compound area would be located adjacent to the
structure enclosed by a decorative block wall surrounded by two real palm trees and
shrubbery. (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.
Associate Planner Phelps presented the proposed conditional use permit.
Mayor Horton opened the public hearing.
Grant Heitman, representing Sprint PCS, stated that he was available to answer any questions
regarding the proposed facility.
There being no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
ACTION: Councilmember Davis offered Resolution No. 2002-454, heading read, text
waived:
RESOLUTION NO. 2002-454, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT
(PCC-02-41) TO CONSTRUCT AN UNMANNED CELLULAR
COMMUNICATIONS FACILITY AT 1008 INDUSTRIAL BOULEVARD
The motion carded 5-0.
21. CONSIDERATION OF APPROVAL OF ANNEXATION TO COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)
The City Council initiated the Community Facilities District (CFD) No. 97-2 annexation
proceedings on October 22, 2002. Adoption of the following resolutions concludes the
formal proceedings to annex territory into Improvement Area A of CFD No. 97-2.
Improvement Area A funds the costs of the resource monitoring program, as well as the
preserve operations and maintenance. Improvement Area B only funds the resource
monitoring program. 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 hearing 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 hearing. With no members of the public wishing to speak, she
then closed the public hearing.
Page 14 - Council Minutes 11/12/02
PUBLIC HEAR1NGS (Continued)
ACTION: Councilmember Davis offered Resolution No. 2002-455, heading read, text
waived:
RESOLUTION NO. 2002-455, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACTiNG AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAiNTENANCE DISTRICT), MAKiNG CERTAiN DETERIVlINATIONS
AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAiNTENANCE)
The motion carried 5-0.
City Clerk Bigelow then reported that ballots from the qualified electors had been received and
tabulated, and that all ballots were in favor of the proposal.
ACTION: Councilmember Davis offered Resolution No. 2002-456, heading read, text
waived:
RESOLUTION NO. 2002-456, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACTiNG iN ITS CAPACITY AS THE
LEGISLATiVE BODY OF COM~ITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAiNTENANCE DISTRICT), DECLARING THE RESULTS OF
A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAiNTENANCE DISTRICT),
IMPROVEMENT AREA "A", ANNEXATION NO. 2, AND ADDiNG SUCH
TERRITORY TO SUCH IMPROVEMENT AREA
The motion carried 5-0.
22. CONSIDERATION OF APPROVAL OF THE FiNAL "B" MAPS OF CHULA VISTA
TRACT NO. 02-03, MCMILLIN OTAY RANCH VILLAGE SIX, R-l, R-3, R-4 AND
R-6
Adoption of the resolutions approves four final "B" maps within McMillin Otay Ranch
Village Six, four subdivision improvement agreements and the supplemental subdivision
improvement Agreement for McMillin Otay Ranch Village Six R-l, R-3, R-4 and R-6.
(Director of Public Works)
ACTION: Councilmember Rindone offered Resolution Nos. 2002-457 and 2002-458,
headings read, texts waived:
Page 15 - Council Minutes 11/12/02
ACTION ITEMS (Continued)
A. RESOLUTION NO. 2002-457, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF
CHULA VISTA TRACT NO. 02-03, MCMILLIN OTAY RANCH VILLAGE
SIX, R-l, R-3, R-4 AND R-6, ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISIONS, ACCEPTING ON BEHALF OF THE PUBLIC,
VARIOUS STREETS AND ALLEYS, 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. 2002-458, RESOLUTION OF THE CITY COUNCiL OF
THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHULA VISTA TRACT NO. 02-03, MCMILLIN OTAY RANCH VILLAGE 6
R-I, R-3, R-4, AND R-6, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The motion carded 5-0.
23. CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE SOUTHWEST
REDEVELOPMENT PLAN
During the past several months, the Redevelopment Agency/City Council have been in
the process of amending the Southwest Redevelopment Plan to extend the Agency's
authority to use eminent domain. The current period for the use of eminent domain
expires in November 2002. California redevelopment law allows the Agency/City
Council to extend this authority for an additional 12-year period through an amendment
to the Redevelopment Plan. Under the proposed fourth amendment, eminent domain
cannot be used on residential property in residential zones, which would continue the
current policy since the Plan was adopted in 1990. (Director of Community
Development)
Redevelopment Manager Estes addressed the public participation process; public comments;
proposed amendments; examples of use of eminent domain; the eminent domain process;
assessed valuation and the ability to sell; Jacqua Street; owner participation agreements; and
public benefits of eminent domain.
Councilmember Salas requested that the resolution be amended to assure that the Jacqua Street
properties would be exempt from eminent domain until its appropriate zoning is determined as
part of the General Plan update, no matter how long the update process takes. She also
expressed the need to look at the quality of improvements and benefits to the community when
exempting commercial projects.
Loreto Romero asked to be exempted from eminent domain based upon the one million dollars
he has spent on quality upgrades to his property. Community Development Director Salomone
responded that the City would accept his request as a petition for exemption, would work with
Mr. Romero, and would bring any action back to the Council.
Page 16 - Council Minutes 11/12/02
ACTION ITEMS (Continued)
ACTION: Councilmember Rindone offered Resolution No. 2002-459, as amended to
exempt the Jacqua Street properties from eminent domain until its appropriate
zoning is determined as part of the General Plan update process, no matter how
long it takes; Resolution No. 2002-460; and Ordinance No. 2888 for first reading,
headings read, texts waived:
A. RESOLUTION NO. 2002-459, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING WRITTEN RESPONSES TO
WRITTEN OBJECTIONS TO THE FOURTH AMENDMENT TO THE
SOUTHWEST REDEVELOPMENT PLAN, AND HOLDING THE USE OF
EMINENT DOMAIN 1N ABEYANCE IN THE 100 BLOCK OF JACQUA
STREET FOR A PERIOD OF THREE YEARS WHILE THE PROPER ZONING
FOR JACQUA STREET IS DETERMINED
B. RESOLUTION NO. 2002-460, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE NEGATIVE
DECLARATION FOR THE FOURTH AMENDMENT TO THE SOUTHWEST
REDEVELOPMENT PLAN
C. ORDINANCE NO. 2888, ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING AND ADOPTING THE FOURTH AMENDMENT TO THE
SOUTHWEST REDEVELOPMENT PLAN
The motion carried 5-0.
OTHER BUSINESS
24. CITY MANAGER'S REPORTS
There were none.
25. MAYOR'S REPORTS
A. Ratification of appointment to the Human Relations Commission Juan Celaya.
ACTION: Mayor Horton moved to ratify the appointment of Juan Celaya to the Human
Relations Commission. Councilmember Davis seconded the motion, and it
carried 5-0.
26. COUNCIL COMMENTS
Them were none.
Page 17 - Council Minutes 11/12/02
CLOSED SESSION -
Closed session was cancelled and the following items were not discussed:
27. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
One case
28. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Building Industry Association of San Diego v. State Water Resources Control
Board, et al; San Diego Superior Court Case No. GIC 780263
ADJOURNMENT
At 10:10 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of November 19,
2002, at 6:00 p.m.
Susan Bigelow, CMC, City Clerk
Page 18 - Council Minutes 11/12/02