HomeMy WebLinkAboutcc min 2003/05/13 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
May 13, 2003 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:12
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: McCann, Rindone, Salas, and Mayor Padilla
ABSENT: Councilmembers: Davis (excused)
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Assistant City
Clerk Non'is
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATHS OF OFFICE:
Bryan Felber - Planning Commission
Clarke Dennison and Sharon Floyd Town Centre Project Area Committee
Reverend Julius Bennett and Karen Batcher Board of Ethics
Deputy City Clerk Bennett administered the oaths to Commissioners Felber, Dennison, Floyd,
Bennett, and Batcher; and Deputy Mayor Rindone presented them each with a certificate of
appointment.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CHULA
VISTA POLICE DEPARTMENT'S EXPLORER SCOUT POST NO. 2831,
PROCLAIMING MAY 19, 2003 AS LAW ENFORCEMENT EXPLORER SCOUT
APPRECIATION DAY 1N THE CITY OF CHULA VISTA
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Assistant Police
ChiefZoll.
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CLIFF
SWANSON, DIRECTOR OF ENGiNEERiNG AND DAVE BYERS, DIRECTOR OF
PUBLIC WORKS OPERATIONS, PROCLAIMING THE WEEK OF MAY 18, 2003
AS NATIONAL PUBLIC WORKS WEEK
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Engineering
Director Swanson and Public Works Director Byers.
· DEDICATION BY MAX BRANSCOMB OF A PLAQUE IN MEMORY OF DIANE
COUSINO, TO BE PLACED IN TIFFANY PARK AT THE NEW TOT LOT
Mayor Padilla observed the placing of a plaque in Tiffany Park in memory of Diane Cousino, a
local resident who was extremely active in the community. Councilmember McCann invited
Councilmembers and the public to attend the plaque dedication on Thursday, May 15, 2003, at
6:00 p.m., at the Tiffany Park tot lot.
At 6:25 p.m., Mayor Padilla recessed the meeting to Closed Session. Mayor Padilla reconvened
the meeting at 6:43 p.m., with all present except Councilmember Davis.
CONSENT CALENDAR
(Items 1 through 12.5)
Item No. 12.5 was removed from the Consent Calendar at the request of staff and continued to
the meeting of May 20, 2003.
1. WRITTEN CORRESPONDENCE
A. Memorandum from Councilmember Patty Davis, requesting an excused absence
from the meeting of May 13, 2003.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Carmen Quintana de Valladolid member of the
Cultural Arts Commission.
Staff recommendation: Council accept the resignation with regret and direct the
City Clerk to post immediately in accordance with the Maddy Act.
2 A. ORDINANCE NO. 2907, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT NO. 09-M (VILLAGE 11 - BROOKFIELD
SHEA OTAY) (SECOND READING AND ADOPTION)
B. ORDINANCE NO. 2908, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX 1N THAT AREA
DESIGNATED AS IMPROVEMENT AREA "C" WITHiN COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)
(SECOND READING AND ADOPTION)
Special taxes levied within Community Facilities District 09-M will fund the perpetual
operation and maintenance of slopes, medians and parkways, and storm water treatment
facilities associated with Village 11 - Brookfield Shea Otay. Special taxes levied for
Community Facilities District 97-2 will fund the costs of the resource monitoring
program, as well as preserve operations and maintenance. (Director of Engineering)
Staff recommendation: Council place the ordinances on second reading for adoption.
3. RESOLUTION NO. 2003-183, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE TRAFFIC SIGNAL MODIFICATION AT THREE INTERSECTIONS ALONG
OTAY LAKES ROAD, AND PEDESTRIAN SIGNAL MODIFICATION AT EAST
PALOMAR STREET IN THE CITY OF CHULA VISTA (PROJECT TF-305) TO T &
M ELECTRIC, DBA PERRY ELECTRIC, IN THE AMOUNT OF $106,630, AND
AUTHORIZING STAFF TO TRANSFER FUNDS TO THIS PROJECT FROM THE
"TRAFFIC SIGNAL INSTALLATION AT EAST PALOMAR STREET AND SANTA
CORA AVENUE (TF304)" PROJECT, IN THE AMOUNT OF $20,000 AND FROM A
CASH BOND ACCOUNT iN THE AMOUNT OF $10,000, OF WHICH EAST
PALOMAR STREET TRANSIT DEPOSIT WAS MADE
Page 2 - Council Minutes 05/13/03
CONSENT CALENDAR (Continued)
The Director of Engineering received sealed bids from three electrical contractors for this
project. The work to be done includes relocation and/or replacement of existing signal
standards, mast arms, indications, frameworks, lamps, luminaries, signs and pull boxes,
installation of new foundation for signal standards and other concrete and asphalt
concrete work, rewiring intersections, sandblasting conflicting and installing new
striping, and the protection, restoration and disposal of existing improvements. (Director
of Engineering)
Staff recommendation: Council adopt the resolution.
4. ORDINANCE NO. 2909, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A 30 M.P.H. SPEED LIMIT ON OXFORD
STREET, BETWEEN BROADWAY AND THIRD AVENUE, AND AMENDING
SCHEDULE X OF THE REGISTER AS MAINTAINED BY THE OFFICE OF THE
CITY ENGINEER
Based on the provisions of California Vehicle Code Section 22358, and pursuant to
authority designated under Chula Vista Municipal Code Section 10.48.020, the City
Engineer has determined that, based on a traffic engineering study, the speed limit on
Oxford Street between Broadway and Third Avenue should be decreased from the
existing posted 35 m.p.h, to 30 m.p.h. (Director of Engineering)
Staff recommendation: Council place the ordinance on first reading.
5. RESOLUTION NO. 2003-184, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA OF INTENTION TO CONSIDER CHANGES AND
MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTAY RANCH VILLAGE SIX)
Otay Project, L.P. requested that the City initiate proceedings to consider changes and
modifications in the rate and method of apportionment of special taxes authorized to be
levied in Community Facilities District (CFD)No. 08-I resulting from a proposed
adjustment to the assigned special tax obligation for the property within CFD 08-1 (Otay
Ranch Village Six). (Director o f Engineering)
Staff recommendation: Council adopt the resolution.
6 A. RESOLUTION NO. 2003-185, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF CHULA VISTA
TRACT NO. 96-04B, OTAY RANCH, VILLAGE F1VE, NEIGHBORHOODS R-30A
AND R-30B, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE
EASEMENTS GRANTED ON SAID MAPS 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
Page 3 - Council Minutes 05/13/03
CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2003-186, 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-30A AND R-30B, 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
On August 28, 2001, the Council approved a revised tentative map for Village Five,
neighborhoods R-30 and R-39 of Otay Ranch, Sectional Planning Area One. Adoption of
the resolutions approves the Final "B" Map for R-30A and R-30B and associated
agreements. (Director of Engineering)
Staffrecommendafion: Council adopt the resolutions.
7. RESOLUTION NO. 2003-187, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CHULA VISTA
PORTION OF THE FIVE-YEAR TRANSNET LOCAL STREETS AND ROADS
PROGRAM OF PROJECTS FOR FISCAL YEARS 2002/2003 THROUGH 2006/2007,
AND AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM
On April 16, 2002, the Council held a public hearing and approved Resolution 2002-117,
adopting the five-year Regional Transportation Improvement Program (RTIP).
SANDAG has requested local agencies to review the biennial element of the current
RTIP and submit any proposed changes to SANDAG. This amendment to the Fiscal
Years 2002/2003 through 2006/2007 RTl]? primarily concems changes to the cost
estimates and new submittals for non-capacity increasing projects to be funded by
transportation sales tax (TransNet) funds. The SANDAG Board of Directors will
consider the subject amendments at its June meeting. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2003-188, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF CERTAIN
SEWER, DRAINAGE, AND SLOPE STABILIZATION EASEMENTS LOCATED
WITHIN THE LIMITS OF LOT H OF CHULA VISTA TRACT NO. 01-09,
EASTLAKE III WOODS NEIGHBORHOOD 4, MAP NO. 14394
The developer requested, and staff concurred, to process a summary vacation of certain
existing sewer, drainage, and slope easements located within the limits of the proposed
elementary school site (Lot H of Map No. 14394 Eastlake III Woods Neighborhood 4).
The sewer and drainage easements are no longer needed because the associated sewer
and drainage facilities have been relocated in order to provide more usable area and
flexibility for the site design 0fthe elementary school. The slope stabilization easement
is no longer needed for the construction of Hunte Parkway. In accordance with Section
7050 of the California Government Code, and Chapter 4, Section 8335 of the California
Streets and Highways Code, this type of vacation may be performed summarily through
adoption of a resolution. (Director o f Engineering)
Staffrecommendation: Council adopt the resolution.
Page 4 - Council Minutes 05/13/03
CONSENT CALENDAR (Continued)
9 A. RESOLUTION NO. 2003-189, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE FiNAL MAP OF CHULA VISTA
TRACT NO. 03-04, EASTLAKE LANDSWAP RESIDENTIAL; ACKNOWLEDGiNG
ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFER OF
DEDICATION FOR OPEN SPACE PURPOSES GRANTED ON SAID MAP WITHiN
SAID SUBDIVISION; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION
B. RESOLUTION NO. 2003-190, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG A SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 03-04,
EASTLAKE LANDSWAP RESIDENTIAL, REQUIRiNG EASTLAKE COMPANY,
LLC TO COMPLY WITH CERTAiN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2003-141, AND AUTHORIZiNG THE MAYOR TO EXECUTE
SAID AGREEMENT
On April 8, 2003, the Council approved the tentative subdivision map for Chula Vista
Tract No. 03-04, EastLake Landswap Residential. Adoption of the resolution approves
the Final Map and the associated supplemental subdivision improvement agreement.
(Director of Engineering)
Staff recommendation: Council adopt the resolutions.
10. RESOLUTION NO. 2003-191, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REALLOCAT1NG $9,100 FROM FISCAL YEAR 2002-
2003 CDBG HI-TECH/BIOTECH FEE REDUCTION PROGRAM FUNDS;
APPROPRIATING SAID FUNDS FOR ECONOMIC DEVELOPMENT
CONSULTANT SERVICES; AND AUTHORIZING THE COMMUNITY
DEVELOPMENT DIRECTOR TO EXECUTE SAID AGREEMENT
The Community Development Department is responsible for creating and implementing
numerous business retention, expansion and attraction efforts to build a strong and
vibrant local economy. To augment these efforts, the department wishes to retain the
consulting services of Shelly Bailey, who has a high level of expertise in the field of
economic development and has previously worked with the Chula Vista business
community. (Director o f Community Development)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2003-192, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA, BURKETT & WONG ENGINEERS (CONSULTANT), AND
OTAY PROJECT, L.P., FOR THE PREPARATION OF A PUBLIC FACILITIES
FINANCING PLAN AND FISCAL IMPACT ANALYSIS FOR OTAY RANCH
VILLAGE TWO, VILLAGE THREE AND PLANNING AREA 18B, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 5 - Council Minutes 05/13/03
CONSENT CALENDAR (Continued)
Otay Project, L.P., (The Otay Ranch Company) submitted a Sectional Planning Area
(SPA) Plan for Village Two, Three and Planning Area 18B of Otay Ranch. The Otay
Ranch General Development Plan and the City's growth management ordinance require
the preparation of a Public Facilities Financing Plan (PFFP) with each SPA Plan in order
to evaluate the project under the City's growth management threshold standards. The
applicant will assume the full cost of the PFFP document. Staff conducted a formal
selective bidding process and selected the firm of Burkett & Wong Engineers to prepare
the PFFP for the Village Two, Three and Planning Area 18B SPA Plan because of their
unique qualifications, proposed cost, knowledge of the project and past experience in
PFFP preparation. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2003-193, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING FISCAL YEAR 2003 LIBRARY
DEPARTMENT BUDGET AND APPROVING THE RECLASSIFICATION AND
SALARY ADJUSTMENT OF ONE PRINCIPAL LIBRARIAN TO A NEW MID-
MANAGEMENT CLASSIFICATION OF LIBRARY PUBLIC SERVICES MANAGER
Adoption of the resolution amends the Fiscal Year 2003 Library Department budget and
approves the reclassification of a Principal Librarian to Library Public Services Manager
as a result of increases in the level and complexity of duties and responsibilities currently
assigned. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
12.5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT FOR CONTRIBUTION OF FUNDS BY AND
BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO EXPRESSWAY, L.P.,
A CALIFORNIA LIMITED PARTNERSHI1~, THROUGH CALIFORNIA
TRANSPORTATION VENTURES, INC., A CALIFORNIA CORPORATION, ITS
GENERAL PARTNER, AND APPROPRIATING $1,414,500 FROM THE 1NTERIM
STATE ROUTE 125 DEVELOPMENT IMPACT FEE FUND (4/5THS VOTE
REQUIRED)
California Transportation Ventures, Inc. (CTV) and the plaintiffs in the lawsuit involving
State Route 125 (SR-125) are interested in reaching a settlement. In conjunction
therewith, the City, the developers, and CTV have also been in discussions regarding a
local contribution toward the settlement. This item is an agreement between the City and
CTV concerning the use of Interim SR-125 development impact fee monies to assist in
that endeavor. By so doing, the City will help assure the timely construction of the SR-
125 toll road facility, which is an integral part of its transportation system. (City
Manager)
Staff recommendation: Council adopt the resolution.
ACTION: Deputy Mayor Rindone moved to approve staff's recommendations and offered
the Consent Calendar, headings read, texts waived, excluding Item 12.5, which
was continued to May 20, 2003. The motion carded 4-0.
Page 6 - Council Minutes 05/13/03
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
Item No. 18 was taken out of order and discussed prior to Item No. 13.
13. CONSIDERATION OF AMENDMENTS TO CHAPTER VII RECREATION
PROGRAMS/FACILITIES OF THE MASTER FEE SCHEDULE (CONTINUED
FROM THE MEETING OF MAY 6, 2003)
The Recreation Department is currently engaged in a strategic plan process to articulate
priorities essential to fulfilling departmental and City missions for the next five years. In
committee meetings of staff and community members, there has been consensus that the
department should review and update fees as part of this process. (Director of
Recreation)
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.
Recreation Director Martin and Assistant Recreation Director Stokes presented the proposed
changes to the master fee schedule.
Mayor Padilla opened the public heating. With no members of the public wishing to speak, he
then closed the hearing.
ACTION: Councilmember Salas offered Resolution No. 2003-194, heading read, text
waived:
RESOLUTION NO. 2003-194, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO EFFECT CHANGES IN EXISTING FEES AND ADD NEW FEES FOR
RECREATION
The motion carried 4-0.
14. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE APPROVING
AN iNCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE
MODIFICATION OF THE MASTER FEE SCHEDULE
On March 18 and April 15, 2003, the Council approved Urgency Ordinance Nos. 2900-A
and 2900-B, approving an increase of the sewerage capacity charge and the modification
of the master fee schedule to reflect an increase in the sewerage capacity charge.
Adoption of this urgency ordinance enables the City to continue to collect the charge
during the sixty-day waiting period before the regular ordinance becomes effective.
(Director of Engineering)
Page 7 - Council Minutes 05/13/03
PUBLIC HEARINGS (Continued)
Notice of the heating was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. There being no members of the public wishing to
speak, he then closed the hearing.
ACTION: Mayor Padilla offered Urgency Ordinance No. 2900-C, heading read, text waived:
URGENCY ORDiNANCE NO. 2900-C, 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 4-0.
15. CONSIDERATION OF THE PROPOSED CHANGE AND MODIFICATION TO THE
RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA B FOR
COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE-WOODS, VISTAS
AND LAND SWAP) (CONTINUED FROM THE MEETING OF MAY 6, 2003)
On March 18, 2003, the Council approved the resolution of intention to consider changes
and modifications to the rate and method of apportionment for Improvement Area B of
Community Facilities District (CFD) No. 06-I (EastLake-Woods, Vistas and Land Swap).
Adoption of the resolution continues the formal proceedings to consider such
modifications to the rate and method of apportionment for Improvement Area B of CFD
06-I, subject to approval of the qualified electors. (Director of Engineering, Director of
Finance)
Notice of the heating was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he
then closed the hearing.
At 8:42 p.m., Deputy Mayor Rindone left the dais.
ACTION: Mayor Padilla offered Resolution No. 2003-195, heading read, text waived:
RESOLUTION NO. 2003-195, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MAKING CERTA1N DETERMINATIONS
AND AUTHORIZING THE SUBMITTAL OF THE PROPOSED
MODIFICATIONS OF THE RATE AND METHOD OF APPORTIONMENT
FOR IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT
NO. 06-1 (EASTLAKE-WOODS, VISTAS AND LAND SWAP) TO THE
QUALIFIED ELECTORS THEREOF
The motion carried 3-0, with Deputy Mayor Rindone absent from the dais.
Page 8 - Council Minutes 05/13/03
PUBLIC HEARINGS (Continued)
16. CONSIDERATION OF AUTHORIZATION OF THE ANNEXATION OF
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE
WOODS, VISTAS, AND LAND SWAP), AND IMPROVEMENT AREA B
(CONTINUED FROM THE MEETING OF MAY 6, 2003)
On March 25, 2003, the Council adopted a resolution declaring the intention to authorize
the annexation of territory to Community Facilities District (CFD) No. 06-I and
Improvement Area B thereto. Adoption of the resolution continues the formal
proceedings to consider the authorization to annex such territory to CFD No. 06-I and
Improvement Area B, subject to the approval by the qualified electors of the levy of
special taxes within such territory proposed to be annexed. (Director of Engineering)
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 Padilla opened the public hearing. With no members of the public wishing to speak, he
then closed the hearing.
At 8:43 p.m. Deputy Mayor Rindone returned to the dais,
ACTION: Councilmember McCann offered Resolution No. 2003-196, heading read, text
waived:
RESOLUTION NO. 2003-196, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MAKING CERTAIN DETERMINATIONS
AND AUTHORIZING THE SUBMITTAL OF THE LEVY OF SPECIAL
TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY
PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT
NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND SWAP) AND
IMPROVEMENT AREA B THERETO
The motion carried 4-0.
17. CONSIDERATION OF THE FINAL CHULA VISTA MULTIPLE SPECIES
CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT AND ENVIRONMENTAL ASSESSMENT
(EIR NO. 03-01), REVISED MITIGATION AND IMPLEMENTING AGREEMENT
MONITORING PROGRAM, AMENDMENT TO THE CHULA VISTA GENERAL
PLAN, DRAFT IMPLEMENTING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, THE UNITED STATES FISH AND WILDLIFE SERVICE AND THE
CALIFORNIA DEPARTMENT OF FISH AND GAME, AND INTRODUCTION OF
DRAFT IMPLEMENTING ORDiNANCES (PCM 95-017 AND GPA 03-07); AND
CONSiDERATION OF AN AMENDMENT TO THE SALT CREEK RANCH
GENERAL DEVELOPMENT PLAN, SECTIONAL PLANNING AREA PLAN AND
TENTATIVE MAP (C.V.T. MAP NO. 92-02A) AND SUPPORTING REGULATORY
DOCUMENTS FOR THE ROLLING HILLS RANCH PROJECT (PREVIOUSLY
KNOWN AS "SALT CREEK"), AND ADDENDUM TO F1NAL EIR NO. 91-03 FOR
THE SALT CREEK RANCH SECTIONAL PLANNING AREA PLAN
Page 9 - CouncilMinutes 05/13/03
PUBLIC HEAR1NGS (Continued)
The MSCP Subregional Plan is a comprehensive, long-term habitat conservation
planning program that addresses the habitat needs of sensitive species through
preservation of native vegetation communities within southwestern San Diego County.
The City's Final MSCP Subarea Plan has been prepared to implement the MSCP
Subregional Plan within Chula Vista and will form the basis for issuance of federal and
state incidental take permits to the City for 86 species covered by the City's Subarea Plan.
The Subarea Plan and associated implementing documents will establish a preserve of
approximately 5,000 acres which will be assembled over time and will also allow the
City to issue permits for development projects that may impact covered species.
(Director of Planning and Building)
Planning and Environmental Services Manager Ladiana gave an overview of the Multiple
Species Conservation Program (MSCP) Subarea Plan, including MSCP background (habitat
evaluation map, biological core and linkages); MSCP hierarchy; key features of the plan; sub-
area plan implementation; preserve assembly; habitat loss and incidental take ordinance;
preserve management for Quino checkered butterfly and Otay Tarplant; preserve management
funding; MSCP compliance monitoring; and MSCP long-term obligations.
Mayor Padilla opened the public hearing.
Bill Tippets, representing the Department of Fish and Game, complimented City Manager
Rowlands and City staff on a successful implementing agreement. He stated that the addition of
one species, the Quino checkered butterfly, is a big stride, since coverage for the species is
difficult because of its complex biology. He said that the citizens of Chula Vista would benefit
from lands set aside for preserve areas.
Susan Wynn, representing the U.S. Fish and Wildlife Service, stated that the City's plan would
be used as a model for other cities in the County.
Simon Malk, representing Otay Land Company, submitted a letter dated May 13, 2003,
regarding suggestions for the proposed MSCP, such as how the Otay Ranch conveyance plan
would be updated from time to time to ensure that the entire 11,375-acre preserve is conveyed to
public ownership; and the area-specific management directives for the Otay Ranch preserve and
by whom they are prepared.
Dave Gatzke, representing McMillin Otay Ranch, complimented City staff and the consultants
on the success of the project. He added that the issues raised by Mr. Malk are important and
should be addressed appropriately.
ACTION: Councilmember Salas offered Resolmion Nos. 2003-197, 2003-198, 2003-199;
for adoption and Ordinance Nos. 2910, 2911, 2912, and 2913 for first reading,
headings read, texts waived; and moved to approve staffs recommendation to
postpone adoption of Ordinance Nos. 2910, 2911, and 2912 until issuance of take
authorization by the U.S. Fish and Wildlife Service and Califomia Department of
Fish and Game:
Page 10 - Council Minutes 05/13/03
PUBLIC HEARINGS (Continued)
A. RESOLUTION NO. 2003-197, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CERTIFYING THE SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT AND ENVIRONMENTAL
ASSESSMENT (NO. 03-01) PREPARED FOR THE CITY OF CHULA VISTA
MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA
PLAN; ADOPTING THE MSCP SUBAREA PLAN, SUBJECT TO THE
CONDITIONS CONTAINED HEREIN; F1ND1NG THAT THE
IMPLEMENTING AGREEMENT, DATED FEBRUARY 2003, IS
CONSISTENT WITH THE CHULA VISTA MSCP SUBAREA PLAN;
AUTHORIZING THE MAYOR TO EXECUTE THE IMPLEMENTING
AGREEMENT IN SUBSTANTIAL FORM OF THE IMPLEMENTING
AGREEMENT, DATED FEBRUARY 2003, WITH MINOR CHANGES
APPROVED BY THE CITY ATTORNEY AND CITY MANAGER WITH THE
EFFECTIVENESS OF SAID AGREEMENT CONDITIONED AS STATED
HERE1N; AMENDING THE CITY OF CHULA VISTA GENERAL PLAN TO
INCORPORATE THE MSCP SUBAREA PLAN AS PART 2, CHAPTER 7A;
APPROVING THE REVISED MSCP MITIGATION AND IMPLEMENTING
AGREEMENT MONITORING PROGRAM, DATED FEBRUARY 2003
B. ORDINANCE NO. 2910, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING TITLE 15, CHAPTER 15.04 OF THE
CHULA VISTA MUNICIPAL CODE RELAT1NG TO EXCAVATION,
GRADING AND FILLS AS IT RELATES TO IMPLEMENTATION OF THE
MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN
C. ORDiNANCE NO. 2911, ORDiNANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING CHAPTER 17 OF THE CHULA
VISTA MUNICIPAL CODE TO REPEAL SECTION 17.30 RELATING TO
INTERIM COASTAL SAGE SCRUB HABITAT LOSS PERMIT PROCESS,
AND iN ITS PLACE, ADD THE OTAY RANCH GRAZING FOR
IMPLEMENTATION OF THE MSCP SUBAREA PLAN
D. ORDINANCE NO. 2912, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING CHAPTER 17 OF THE CHULA
VISTA MUNICIPAL CODE TO ADD SECTION 17.35 RELATING TO
HABITAT LOSS AND INCIDENTAL TAKE FOR IMPLEMENTATION OF
THE MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN
E. RESOLUTION NO. 2003-198, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SALT
CREEK RANCH GENERAL DEVELOPMENT PLAN AND SALT CREEK
RANCH SECTIONAL PLANNING AREAS (SPA) PLAN
F. RESOLUTION NO. 2003-199, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF THE AMENDING TENTATIVE SUBDIVISION MAP FOR
ROLLING HILLS RANCH SUBAREA III (FORMERLY SALT CREEK
RANCH), 92-02A
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PUBLIC HEARINGS (Continued)
G. ORDINANCE NO. 2913, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG AMENDMENTS TO THE SALT
CREEK RANCH PLANNED COMMUNITY DISTRICT REGULATIONS TO
AMEND THE ZONING DISTRICTS MAP AND PROPERTY
DEVELOPMENT STANDARDS TO DELETE NEIGHBORHOOD 13,
CHANGE THE DESIGNATION OF NEIGHBORHOOD 9 FROM SFE TO SF1,
AND REDUCE THE MINIMUM LOT SIZE OF NEIGHBORHOOD 9 FROM
15,000 TO 10,000 SQUARE FEET
The motion carried 4-0.
BOARD AND COMMISSION REPORTS
18. PRESENTATION OF A REPORT BY JOHN MOOT, CHAIRPERSON OF THE
SCHOOLS TASK FORCE
On July 9, 2002, the City Council approved a motion to create a joint City/Schools Task
Fome comprised of 15 representatives. Five members each were appointed by the Chula
Vista City Council, the Sweetwater Union High School District and the Chula Vista
Elementary School District. The Task Force was created in response to parental concern
about overcrowded schools and was asked to make recommendations to improve City
and school district financing, planning, and development of school facilities. (City
Manager)
Recommendation: Council refer this item to staff.
Former Councilmember Moot presented a report from the Chula Vista City/Schools Community
Task Force regarding the creation of an ad hoc committee to regularly examine and recommend
solutions for high enrollment schools, Growth Management Oversight Commission threshold
standards; a new high school site, informing new homeowners about Mello-Roos/community
facilities district financing to build new schools, joint use of City/schools facilities, verification
of residency in the district, and legislative changes. Councilmember Moot believed that
members of the City Council, the Sweetwater Union High School District, and the Chula Vista
Elementary School District should meet on a regular basis to discuss issues of mutual concern.
Mayor Padilla thanked former Councilmember Moot and members of the task force for their
time and effort, and he emphasized the importance for ongoing dialogue and information sharing
between the agencies.
Councilmember Salas also thanked the task force members, stating that the product was
something that could be implemented.
Deputy Mayor Rindone believed that increased communications between members of an ad hoc
committee would foster an understanding of issues and play an essential role in identifying
solutions.
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BOARD AND COMMISSION REPORTS (Continued)
Councilmember McCann thanked the task fome members for their hard work and input that he
believed could be utilized to provide improved communication between the separate agencies.
He also pointed out that the issue of overcrowding needed to be addressed in the older
communities within the City.
Kimberly Longo, member of the City/Schools Task Force, thanked the Council and former
Mayor Horton for listening, responding and acting on the concerns of the community. She
encouraged the Council's support for continuation of an ad hoc committee, which she believed
would enable future discussion regarding issues that were not addressed in the current report,
such as improvements to older schools in the area.
Rudy Gonzalez thanked City staff and acknowledged fellow task force members, stating that the
biggest investment the City could make was in its schools. He asked that the City Manager return
to the Council with a work plan in a time-certain manner. City Manager Rowlands responded
that a report would be provided to the Council in two weeks.
ACTION: Mayor Padilla moved to accept the report and to direct the City Manager to
provide a progress report to the Council in two weeks on dialogues with the
elementary and high school districts. Councilmember McCann seconded the
motion, and it carried 4-0.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
City Manager Rowlands announced the following scheduled meetings and Council Workshops:
May 21, 2003 (3:00 p.m. - 5:00 p.m. and 6:00 8:00 p.m.), at Bob's on the Bay, Sunset
Room, to discuss Port/City Bayfront Master Plan Study.
May 22, 2003 (4:00 p.m.), Council workshop in the Council Chambers to discuss the
Planned Developments in Eastern Chula Vista.
May 29, 2003 (4:00 p.m. 6:00 p.m.), Council workshop at the Public Works
Corporation Yard for the purpose of budget discussions.
June 9, 2003 (4:00 p.m. - 6:30 p.m.), Council workshop at the Public Works Corporation
Yard for the purpose of budget discussions.
June 11, 2003 (4:00 p.m. 6:30 p.m.), Council workshop at the Public Works
Corporation Yard for the purpose of budget discussions.
June 12, 2003 (4:00 p.m.), Council workshop at the Public Works Corporation Yard for a
joint Growth Management Oversight Commission, Planning Commission, and City
Council meeting.
June 21, 2003 (9:00 a.m. 1:00 p.m.), meeting at Bonita Vista High School to discuss the
General Plan Update - Town Hall II.
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20. MAYOR'S REPORTS .
A. Ratification of appointment to the Board of Appeals and Advisors: Donald
Snider
ACTION: Mayor Padilla moved to ratify the appointment of Donald Snider to the Board of
Appeals and Advisors. Councilmember M¢Cann seconded the motion, and it
can'ied 4-0.
B. Ratification of appointment to the Board of Appeals and Advisors: Matt Flach
ACTION: Mayor Padilla moved to ratify the appointment of Matt Flach to the Board of
Appeals and Advisors. Councilmember McCann seconded the motion, and it
carried 4-0.
21. COUNCIL COMMENTS
Deputy Mayor Rindone complimented City staff, under the leadership of City Manager
Rowlands, for the good work they do.
CLOSED SESSION
22. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(Pertaining to Public Rights of Way throughout the City of Chula
Vista)
Agency negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista, San Diego Gas & Electric
Under Negotiation: Price and Terms of Payment
No action was taken on this item.
23. CONFERENCE WITH LEGAL COUNSEL REGARDiNG INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
No action was taken on this item.
ADJOURNMENT
At 9:33 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of May 20, 2003, at
6:00 p.m. in the Council Chambers.
Donna NOiTiS, Assistant City Clerk
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