HomeMy WebLinkAboutcc min 2003/04/15 MINUTES OF A REGULAR MEETiNG OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April 15, 2003 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10
p.m. ~n the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City
Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
TERRY STANCZAK, VOLUNTEER FOR THE SENIOR PATROL, PROCLAIMING
APRIL 15, 2003 AS SENIOR VOLUNTEER PATROL APPRECIATION DAY
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Mr. Stanczak.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
KORKI BOTTOMS, LEAD COMMUNICATIONS OPERATOR AND
MILLIEOSUNA, COMMUNICATIONS OPERATOR II, PROCLAIMiNG THE
WEEK OF APRIL 13 THROUGH APRIL 19, 2003 AS NATIONAL PUBLIC SAFETY
TELECOMMUNICATIONS APPRECIATION WEEK
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Ms. Bottoms
and Ms. Osuna.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
DAVID W. KROGH AND ANDREW TORRES, PRESIDENTS OF HILLTOP HIGH
SCHOOL DOLLARS FOR SCHOLARS AND CASTLE PARK HIGH SCHOOL
ALUMNI DOLLARS FOR SCHOLARS, PROCLAIMING THE MONTH OF MAY
2003 AS SCHOLARSHIP MONTH
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Mr. Krogh and
Mr. Torres.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
JAMES MARCEL1NO, CHILD AND YOUTH POLICY ADVOCATE,
PROCLAIMING APRIL 26, 2003 AS DAY OF THE CHILD
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Mr. Marcelino.
SPECIAL ORDERS OF THE DAY (Continued) ·
· PRESENTATION BY REPRESENTATIVES OF PACIFIC WASTE SERVICES,
JERRY SCHNITZIUS, GENERAL MANAGER, AND STEVE MIESEN, FACILITY
MANAGER, REGARDiNG RECYCLiNG EFFORTS iN THE CITY OF CHULA
VISTA
Jerry Schnitzius presented an update on recycling in Chula Vista, which included: 2001
diversion programs; goals for the 21st century collection program in Chula Vista; variable trash
rate pricing; single stream recycling; automated cart service; solid waste and recycling; and the
conversion of Pacific Waste fleet vehicles to bio-diesel, resulting in reduced emissions.
Deputy Mayor Rindone asked staff to provide a written update on the City's progression towards
meeting a 50 percent state-mandated diversion goal for solid waste.
CONSENT CALENDAR
(Items 1 through 14).
Regarding Item No. 6, Mayor Padilla expressed concern regarding the justification for additional
hours being billed and the continuing change orders and amendments to the agreement. He
expressed the need to seek ways to improve the process.
1. APPROVAL OF MINUTES of April 1, 2003.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 2905, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED
COMMUNITY DISTRICT REGULATIONS LAND USE MAP (SECOND READING
AND ADOPTION)
Adoption of the ordinance amends the Eastlake II Planned Community District
Regulations Land Use District Map to change the designation of the 4.4-acre project site
from Community Purpose Facility (CPF) to Residential Multi-Family (RM-25). (Director
of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
3. ORDINANCE NO. 2906, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDiNG THE ZON1NG MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING 180
ACRES LOCATED EAST OF THE FUTURE STATE ROUTE 125 FREEWAY AND
NORTH OF PROCTOR VALLEY ROAD TO RESIDENTIAL ESTATES (RE) WITH
A ("P") MODIFYING DISTRICT DESIGNATOR (SECOND READ1NG AND
ADOPTION)
Bella Lago, LLC, has submitted applications requesting approval to change the zoning of
180 acres east of future State Route 125, north of Proctor Valley Road, from Planned
Community to Residential Estate with a Precise Plan Modifying District. (Director of
Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
Page 2 - Council Minutes 04/15/03
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2003-146, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
WITH ULTRASIGNS, INC. TO FABRICATE AND INSTALL THE DOWNTOWN
MONUMENT SIGN, LOCATED ON THIRD AVENUE BETWEEN PARK WAY AND
G STREET IN THE CITY OF CHULA VISTA, CA (PROJECT RD-236
Sealed bids were received for fabricating and installing the downtown monument sign on
Third Avenue, between Park Way and G Street. The scope of work consists of sign
fabrication and installation, including all labor, material, equipment, tools, transportation,
mobilization, traffic control, removal and disposal of existing improvements, protection
and restoration of existing improvements, and other miscellaneous work necessary to
construct the project in accordance with City standards. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2003-147, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING TWO-HOUR TIME LIMITED PARKING
ON THE 400 BLOCK OF WOODLAWN AVENUE AND COLORADO AVENUE
AND AMENDING SCHEDULE VI OF THE REGISTER MAINTAINED 1N THE
OFFICE OF THE CITY ENGINEER
Staff received a letter from the Board of Directors of the Holiday Gardens Homeowners
Association, complaining that residents of their complex have insufficient on-street
parking in their area because trolley riders and residents of the apartments on Oaklawn
Avenue continuously park their vehicles along Woodlawn Avenue, Colorado Avenue,
and G Street. They requested the two-hour parking zone in order to discourage people
who do not live in the immediate area from parking their vehicles on these streets for
long periods of time. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2003-148, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE TWELFTH AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK
ENGINEERING COMPANY FOR ADDITIONAL ENVIRONMENTAL,
PRELIMINARY ENGINEERING AND FINAL ENGINEERING DESIGN SERVICES
FOR THE 1-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE,
APPROPRIATING TRANSPORTATION DEVELOPMENT IMPACT FEE FUNDS,
WAIVING THE CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY
On January 23, 1996, the Council approved a contract with Rick Engineering for
preliminary engineering design services for three interchanges on Interstate 805, at
Telegraph Canyon Road, Olympic Parkway, and East Palomar Street. Since then, due to
additional work requirements by Caltrans, eleven amendments to this contract have been
made. The twelfth amendment to the contract will provide for additional preliminary and
final design drawings and environmental work needed to comply with state and federal
requirements at the 1-805/East Orange Avenue/Olympic Parkway interchange. (Director
of Engineering)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes 04/15/03
CONSENT CALENDAR (Continued)
7 A. RESOLUTION NO. 2003-149, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS iNTENTION TO CONSIDER CHANGES
AND MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA
NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 07-M (EASTLAKE - WOODS,
VISTAS AND LAND SWAP), AND SETTING THE PUBLIC HEARING FOR THE
CITY COUNCIL MEETING OF MAY 20, 2003 AT 6:00 P.M.
B. RESOLUTION NO. 2003-150, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING
PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 07-
M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND IMPROVEMENT
AREA NO. 2
C. RESOLUTION NO. 2003-151, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 07-
M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND IMPROVEMENT
AREA NO. 2, AND SETTING THE PUBLIC HEARiNG FOR THE CITY COUNCIL
MEETING OF MAY 20, 2003 AT 6:00 P.M.
Eastlake Company has requested that the City conduct proceedings to consider changes
and modifications to Improvement Area No. 2 of Community Facilities District No. 07-M
(Eastlake - Woods, Vistas and Land Swap Parcel - CFD 07-M) as well as an annexation
to Improvement Area No. 2 of CFD 07-M. CFD 07-M was formed in 2002 to 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. Adoption of the resolutions initiates the formal proceedings to consider the
changes and modifications to CFD No. 07-M, Improvement Area No. 2 and the
annexation to CFD No. 07-M, Improvement Area No. 2. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
8 A. RESOLUTION NO. 2003-152, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOODS WR-2, WR-5, AND
A PORTION OF WR-4; ACCEPTING ON BEHALF OF THE PUBLIC VARIOUS
PUBLIC STREETS, ALL AS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION; ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA
CERTAIN PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN
SA1D SUBDIVISION; AND ACKNOWLEDGiNG ON BEHALF OF THE CITY OF
CHULA VISTA THE IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE
LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION
B. RESOLUTION NO. 2003-153, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE HI WOODS
NEIGHBORHOODS WR-2 AND WR-5 FOR THE COMPLETION OF
IMPROVEMENTS REQUiRED BY SAID SUBDIVISION AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT
Page 4 - Council Minutes 04/15/03
CONSENT CALENDAR (Continued)
C. RESOLUTION NO. 2003-154, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT REQUIRING EASTLAKE COMPANY, LLC TO
COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO.
2001-269 FOR CHULA VISTA TRACT NO. 01-09, EASTLAKE III WOODS
NEIGHBORHOODS WR-2 AND WR-5, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
D. RESOLUTION NO. 2003-155, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4 TO REVISE THE LEGAL
DESCRIPTION OF SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
E. RESOLUTION NO. 2003-156, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT NO. 01-09, EASTLAKE III WOODS NEIGHBORHOOD WR-4 TO
REVISE THE LEGAL DESCRIPTION OF SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
F. RESOLUTION NO. 2003-157, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 01-09,
EASTLAKE III WOODS AND VISTAS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
On August 14, 2001, the Council approved the tentative subdivision map for Chula Vista
Tract No. 01-09, Eastlake III Woods and Vistas. Adoption of the resolutions approves
the final map for Woods Neighborhoods WR-2, WR-5, a portion of WR-4, and associated
agreements. Also considered for approval are amendments to the existing subdivision
improvement agreement and supplemental subdivision improvement agreement for
Woods Neighborhood WR-4, revising the legal description of said subdivision. Adoption
of the last resolution approves the grant of easements and maintenance agreement, which
sets forth specific obligations and responsibilities for the maintenance by the Eastlake III
Master Homeowners Association of certain landscaping improvements and facilities
located within public right-of-ways and easements within the entire Eastlake III Woods
and Vistas project. (Director o f Engineering)
Staff recommendation: Council adopt the resolutions.
9. RESOLUTION NO. 2003-158, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT WITH
GREAT SCOTT TREE SERVICE TO PROVIDE TREE TRIMMING SERVICE ON
AN AS-NEEDED BASIS THROUGH JUNE 30, 2004, AND AUTHORIZING THE
PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE ADDITIONAL,
ONE YEAR OPTION PERIODS
Page 5 - Council Minutes 04/15/03
CONSENT CALENDAR (Continued) -
On March 13, 2003, three bids for this service were received. Staff recommends that
Great Scott Tree Service be awarded the contract. (Director of Public Works-Operations,
Director of Finance)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2003-159, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AN ADDITIONAL $29,353.46 FROM THE
STATE OF CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE
COMMUNICATIONS CENTER TECHNOLOGY IMPROVEMENTS TO BRING THE
TOTAL GRANT AWARD ACCEPTANCE TO $407,353.46
The State of California has a program to fund replacement of older e-911 telephone
equipment that has been in use seven or more years. The Chula Vista Police Department
is eligible for funding under this program, as its current equipment was installed in 1994.
Features of the new e-911 technology will provide the police communications center with
much improved methods for handling wire line-based and wireless-based 911 calls and
routing service to the citizens of Chnla Vista. The State e-911 program recently granted
the City an additional $29,353.46 to purchase additional hardware and software to
enhance its geographical information system and information management capability
with the e-911 equipment upgrade. (Chief of Police)
Staffrecommendation: Council adopt the resolution.
11 A. RESOLUTION NO. 2003-160, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A JOINT EXERCISE OF POWERS
AGREEMENT WITH THE COUNTY OF SAN DIEGO, THE CITIES OF 1MPERIAL
BEACH AND SAN DIEGO, AND THE UNIFIED PORT DISTRICT FOR THE
DEVELOPMENT OF A WATERSHED MANAGEMENT PLAN FOR THE OTAY
RiVER WATERSHED, AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
B. RESOLUTION NO. 2003-161, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT
BETWEEN THE COUNTY OF SAN DIEGO, THE CITY OF SAN DIEGO, THE CITY
OF IMPERIAL BEACH, AND THE UNITED STATES ARMY CORPS OF
ENGINEERS, REGARDING THE DEVELOPMENT OF A SPECIAL AREA
MANAGEMENT PLAN FOR THE OTAY RIVER WATERSHED, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF
THE CITY
The County of San Diego has requested that Chula Vista participate in the preparation of
a Watershed Management Plan for the Otay River watershed through a joint exercise of
powers agreement. The County also requested that the City participate in the preparation
of a Special Area Management Plan for the 0tay River through a cooperative agreement.
The Special Area Management Plan would be used to assist the federal, state, and local
regulatory agencies with their decision-making and grant authority to protect aquatic
resources, which could include expedited federal "wetlands" permits and/or limited
review for determination of project compliance. (Director of Planning and Building)
Staff recommendation: Council adopt the resolutions.
Page 6 - Council Minutes 04/15/03
CONSENT CALENDAR (Continued)
12. RESOLUTION NO. 2003-162, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTiNG A $20,000 GRANT FOR THE LIFE
OPTIONS PROGRAM AND AN INTERGENERATIONAL PROGRAM FROM THE
COUNTY OF SAN DIEGO, AGING AND INDEPENDENCE SERVICES AWARDED
TO THE RECREATION DEPARTMENT; APPROVING AN AGREEMENT
BETWEEN THE CITY AND THE COUNTY; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AND AMENDING THE FISCAL YEAR 2003
RECREATION DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED
REVENUE OF $20,000
At the beginning of this fiscal year, the Senior Section of the Recreation Department
collaborated with Southwestern College on a $20,000 grant awarded by the County of
San Diego, Aging and Independence Services to develop a Life Options Program. Due to
the success of the program, Aging and Independence Services has awarded the
Recreation Department an additional $10,000 to be used to continue the efforts to
promote and develop the Life Options program. The department, in collaboration with
the Chula Vista Elementary School District, has also been awarded a $10,000 grant to
help coordinate the development of an Intergenerational Program of Parking Lot Greeters
in three elementary schools and the development of volunteer opportunities. (Director of
Recreation)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2003-163, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 RECREATION
DEPARTMENT BUDGET BY APPROPRIATING $2,000 IN UNANTICIPATED
REVENUES FROM PERFORMING AND VISUAL ARTS TASK FORCE GRANT
FUNDS TO THE RECREATION DEPARTMENT FOR AN ARTS PROGRAM
The Recreation Department was awarded $2000 in Performing and Visual Arts Task
Force grant funds for fiscal year 2002/2003 via the City's Office of Cultural Arts. The
funds will be used for presenting young audiences of San Diego educational
performances at Chula Vista recreation centers for the fiscal year. (Director of
Recreation)
Staff recommendation: Council adopt the resolution.
14. RESOLUTION NO. 2003-164, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ENERGY
CONSULTING TEAM OF DUNCAN, WE1NBERG, GENZER & PEMBROKE,
MCCARTHY & BERLIN AND NAVIGANT CONSULTING INC. TO ANALYZE
THE FINANCIAL, LEGAL AND TECHNICAL FEASIBILITY OF VARIOUS
POSSIBLE MUNICIPAL ENERGY BUSINESSES AND ALTERNATIVES, AND
APPROPRIATING FUNDS THEREFOR
Page 7 - Council Minutes 04/15/03
CONSENT CALENDAR (Continued) -'
On March 25, 2003, the Council approved staff's recommendation to select the energy
consulting team of Duncan/Navigant to analyze the financial, legal and technical
feasibility of various possible municipal energy utility businesses and alternatives thereto.
Council authorized staff to negotiate a final contract, based on outlined terms and
conditions, with Duncan/Navigant for energy consulting services and directed staff to
return to Council with a final contract for approval. Approval of the agreement with
Duncan/Navigant will allow completion of the feasibility analysis for an amount not to
exceed $275,000. (Assistant City Manager Morris)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla noted that the letter from SDG&E, dated April 15, 2003, regarding
Item No. 14, would be made part of the record. He then moved to approve stafI's
recommendations and offered the Consent Calendar, headings read, texts waived.
The motion carried 5-0.
ORAL COMMUNICATIONS
Kenn Colclasure expressed concern regarding the public walkway located adjacent to his
property. He stated that there is an ongoing problem with youth leaving broken glass and trash
on the walkway, as well as tarnishing the area with graffiti. Mr. Colclasure added that despite
clean-up efforts by the City, the area has become a source for gang and criminal activities. He
asked that the City address the problem. Mayor Padilla referred the matter to staff to seek
permanent methods with which to deal with the issue.
PUBLIC HEARINGS.
15. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE APPROVING
AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE
MODIFICATION OF THE MASTER FEE SCHEDULE
The City Council adopted an urgency ordinance approving an increase of the sewerage
capacity charge and modification of the master fee schedule on March 18, 2003.
Adoption of this urgency ordinance allows the City to continue to collect the charge
during the 60-day waiting period before the regular ordinance becomes effective.
(Director of Engineering)
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 Padilla opened the public heating. With no members of the public wishing to speak, he
then closed the heating.
ACTION: Mayor Padilla offered Urgency Ordinance No. 2900-B, heading read, text waived:
URGENCY ORDINANCE NO. 2900-B, URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN
iNCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE
MODIFICATION OF THE MASTER FEE SCHEDULE
The motion carried 5-0.
Page 8 - Council Minutes 04/15/03
PUBLIC HEARINGS (Continued)
16. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR A PORTION OF
PLANNING AREA 12 FREEWAY COMMERCIAL OF OTAY RANCH
(APPLICANT: MCMILLIN OTAY RANCH, LLC - PCS 03-11)
McMillin Otay Ranch has requested approval of a tentative subdivision map consisting of
38 lots for freeway-oriented commercial uses, including retail land uses and streets, for
their 86.9-acre portion of Freeway Commercial in the Otay Ranch, as authorized by the
Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan. The
Environmental Review Coordinator has reviewed the proposed tentative subdivision map
and determined that the project would not result in any new environmental impacts that
were not previously identified in the final second tier Environmental Impact Report for
the Planning Area 12 - Freeway Commercial SPA Plan, nor would the project result in a
substantial increase in the severity in any environmental effects not previously identified
in Final Environmental Impact Report no. 02-04. (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.
Principal Planner Rosaler presented the proposed tentative map.
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. 2003-165, heading mad, text
waived:
RESOLUTION NO. 2003-165, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING TENTATiVE SUBDIVISION
MAP FOR A PORTION OF THE OTAY RANCH, SECTIONAL PLANNING
AREA 12 - FREEWAY COMMERCIAL PLAN, CHULA VISTA TRACT 03-11
The motion carried 5-0.
17. CONSIDERATION OF ADOPTION OF AGREEMENTS FOR MONITORING
BUILDING PERMITS FOR EASTLAKE III, OTAY RANCH VILLAGE 6, OTAY
RANCH VILLAGE 11, BELLA LAGO, SAN MIGUEL RANCH AND SALT CREEK
RANCH (AKA ROLLING HILLS RANCH), AND SUBSTITUTING MITIGATION
MEASURES IN FEIR 97-02 (SAN MIGUEL RANCH) AND FEIR 91-03 (SALT
CREEK RANCH AKA ROLLING HILLS RANCH) AND MNDIS-00-05
On April 8, 2003, the Council requested staff to bring forward a report regarding options
for addressing the need to provide infrastructure in a timely manner and to ensure that the
City is not growing too quickly. At the same time, staff has been working with several
developers to implement provisions of previously approved "traffic enhancement
agreements" that address the need to provide additional traffic capacity in eastern Chula
Vista, and to consider adjustments to previously established limitations of development
prior to completion of State Route 125. Staff recommends adoption of resolutions
approving agreements with developers regarding monitoring of residential building
permits for these projects. (Assistant City Manager Krempl, Director of Planning and
Building, Director of Engineering)
Page 9 - Council Minutes 04/15/03
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 Padilla opened the public hearing.
Assistant City Manager Krempl presented a report on the building permit monitoring program,
stating that there are two options for the monitoring program. Option one includes a fixed
number of permits to be issued for each year; the second option has a lower annual number of
units that incorporates a concept of a three percent buffer on top of each year's total. He then
described the key business points of the agreements as agreed to by the developers, including
three-year agreements (April 1 2003 through March 31, 2006) that include a declining total
number of permits in each of the three years; affordable housing units to be exempt from the
program; model home permits are not counted in the number of units permitted until the model is
realized as a sold unit; if capacity is unused in year one or two, then the unused capacity may be
rolled over into a subsequent year with no violation of the overall total numbers; each master
developer has submitted a table as to how their annual allocation will be distributed amongst
their projects; commercial, industrial, and non-residential uses are proposed to not be subject to
the agreements; traffic capacity improvement completion has to be in place to match the
cumulative number of units that may be issued; and nothing in the agreements is intended to
restrict the City's ability to exercise its discretion with regard to its threshold standards or its
growth management ordinance.
Planning and Building Director Leiter summarized the growth management ordinance's purpose
and intent, as follows: to provide that public facilities, services and improvements meeting City
standards exist or become available concurrent with the need created by new development; to
prevent growth unless adequate facilities and improvements are provided in a phased and logical
fashion, as required under the General Plan; and to control the timing and location of
development by tying the pace of development to the provision of public facilities and
improvements to conform to the City's threshold standards and to meet the goals and objectives
o f the growth management program.
Peter Watry, representing Crossroads II, read a letter submitted by the organization's President,
Patricia Aguilar, requesting that action on this item be postponed to the next regularly scheduled
meeting in order to allow adequate time to review the technical documents and, if necessary, to
meet with staff to discuss the matter.
Jerry Livingston, representing the Building Industry Association (BIA), stated that although the
BIA remains in support of the current growth management program and the need to protect
quality of life by providing housing to the community, it does not support a citywide permit
monitoring program.
Tom Davis, representing Crossroads II, asked the Council to postpone action on the item, stating
that the subject matter is extremely complex and that the public needs more time to study the
proposal. He believed that Interstate 1-805 should be included in the study to avoid future
region-wide problems and that without the completion of State Route 125, the problems facing
the City would worsen.
Page 10 - Council Minutes 04/15/03
PUBLIC HEARINGS (Cominued)
John Norman, Presidem of the South County Building Industry Association (SCBIA), stated that
the organization is opposed to a citywide permit monitoring program. He believed that the
growth management plan that has been in place and adhered to by the development community
provides the controls on quality of life issues that citizens seeking reasonably priced homes need.
He stated that the SCBIA would prefer that the City work within the framework of the growth
management ordinance.
Kent Aiden, representing Otay Ranch Company, gave a presentation on behalf of the five master
planned community developers, Brookfield Homes, Corky McMillin Companies, Eastlake
Company, Otay Ranch Company, and Trimark Homes. He explained the views of the
developers, stating that the growth management ordinance should not be abandoned in favor of
regressive methods, such as fixed numeric caps. Mr. Alden mentioned some of the recent
accomplishments by the developers, including Olympic Parkway; working on regional issues
such as the Multiple Species Conservation Program, Telegraph Canyon and Salt Creek Sewer
projects; H Street widening; and the university site acquisition. He stated that the developers'
biggest issue with a fixed numeric cap would be the City's control of the market. He stated that
the Council's approval of the agreements would artificially limit the housing supply, which
further exacerbates the housing deficit and severely impacts affordability; slow the development
of needed commercial and industrial development; increase developer imerest costs and risk for
public financing, which decreases the amount of fimding available for infrastructure; and
severely impact the developers' ability to provide family homes. Mr. Aiden stated that the
recommendation by the developers is to add infrastructure to the system, focus on transportation
demand programs, and for the City to have faith in its growth management program.
There being no further members of the public wishing to speak, Mayor Padilla closed the public
heating.
Deputy Mayor RJndone requested that copies of the traffic study prepared by Lindscott Law and
Greenspan be made available to the press and members of the public.
Councilmember Salas explained the need to conduct a comprehensive review of the growth
management ordinance to make certain that it works in today's world, and to obtain a time-
certain report from staffwell in advance of the termination of the agreements.
Cotmcilmember Davis stated that approval of the agreements was a responsible step forward in
assuring a plan for future infrastructure for the City.
Councilmember McCann stated the need to allow the City's infrastructure to catch up with its
growth. He believed that the ordinance was a sincere effort by the Council to manage the growth
of the City in a reasonable manner.
Mayor Padilla stated that the proposed agreements would provide the ability to make certain that
the City does not grow at a rate so rapid as to endanger the quality of life for its residents and
would place the Council in a position of having more leverage over the City's future. He asked
that a comprehensive review of the growth management ordinance and thresholds be provided to
the Council at a mid-point in the term of the agreements.
Page 11 - Council Minutes 04/15/03
PUBLIC HEARINGS (Continued)
ACTION: Mayor Padilla offered Resolution Nos. 2003-166 and No. 2003-167, headings
read, text waived:
A. RESOLUTION NO. 2003-166, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AGREEMENTS FOR
MONITORING BUILDING PERMITS BETWEEN THE CITY OF CHULA
VISTA AND TRIMARK PACIFIC AND MCMILL1N ROLLING HILLS
RANCH, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENTS ON BEHALF OF THE CITY
B. RESOLUTION NO. 2003-167, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AGREEMENTS FOR
MONITORING BUILD1NG PERMITS FOR EASTLAKE III, OTAY RANCH
VILLAGE 6, OTAY RANCH VILLAGE 11, AND BELLA LAGO, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY
Deputy Mayor Rindone seconded the motion, and it can/ed 5-0.
ACTION ITEMS
18. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A THREE-
PARTY AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE
PROPOSED PUBLIC NEIGHBORHOOD PARK IN EASTLAKE VISTAS
Adoption of the following resolution approves a three-party agreement between the City
of Chula Vista, The EastLake Company, and Delorenzo Inc. for landscape architectural
services for the development of a proposed public neighborhood park in EastLake Vistas.
(Director of Building and Park Construction, Director of Recreation, Director of Public
Works Operations)
Landscape Amhitect Krizan presented the selection process for the Eastlake Vistas park site
design contract.
ACTION: Councilmember Davis offered Resolution No. 2003-168, heading read, text
waived:
RESOLUTION NO. 2003-168, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE THREE-PARTY
AGREEMENT I~ETWEEN THE CITY OF CHULA VISTA, DELORENZO,
INC., LANDSCAPE ARCHITECTS, AND EASTLAKE COMPANY FOR
LANDSCAPING ARCHITECTURAL SERVICES, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The motion can'ied 5-0.
Page 12 - Council Minutes 04/15/03
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
There were none.
20. MAYOR'S REPORTS
A. Ratification of appointment to the General Plan Update Steering Committee
Gary Lee Nordstrom
ACTION: Mayor Padilla moved to ratify the appointment of Gary Lee Nordstrom.
Councilmember Davis seconded the motion, and it carried 5-0.
B. Designation of voting delegate for a Special Meeting of the League of California
Cities General Assembly, to be held May 15, 2003 at 1:00 p.m. at the Sacramento
Community Center Theatre
Mayor Padilla requested that Item No. 20B be continued to the meeting of May 6, 2003, and no
action was taken on this item.
21. COUNCIL COMMENTS
Councilmember McCann referenced Agenda Item #17, congratulating Councilmembers on their
courageous decision to unanimously approve the agreement for monitoring building permits.
Councilmember McCann announced that he attended the Citizens Advisory Support Team
(CAST) graduation last Saturday.
Councilmember McCann requested the Mayor's consideration of recognizing and honoring
Emerald Randolph for her countless hours as a volunteer to the City.
CLOSED SESSION
22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. City of Chula Vista v. Barnhart Contracting (CV Library); San Diego Superior
Court Case No. GIS 003859
No action was taken on this item.
B. Michael Crim vs. City of Chula Vista; U.S. District Court Case
No. 00CV 0465-IEG (LAB)
This item was not discussed.
23. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
· Two cases
ACTION: One case was discussed, and no action was taken.
Page 13 - Council Minutes 04/15/03
ADJOURNMENT -'
At 10:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of May 6, 2003, at
4:00 p.m. in the Council Chambers.
Deputy City Clerk
Page 14 - Council Minutes 04/15/03