HomeMy WebLinkAboutcc min 2003/05/27 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
May 27, 2003 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07
p.m. in 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 City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO TED
SANCHEZ, REPRESENTATIVE OF THE ALS ASSOCIATION, PROCLAIMING
THE MONTH OF MAY 2003 AS NATIONAL ALS AWARENESS MONTH
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Ted Sanchez.
· PRESENTATION OF A CONSTITUENT SERVICE AWARD BY MAYOR PADILLA
Mayor Padilla announced that Samir Nuhaily, Senior Civil Engineer, is the recipient of the first
Mayor's Constituent Service Award for his outstanding service to and professionalism in dealing
with the community. Deputy Mayor Rindone presented the award to Samir.
· PRESENTATION BY ANTHONY JEMISON, CHAIRPERSON OF THE HUMAN
RELATIONS COMMISSION, OF THE CITY'S FIRST CiVIC AWARD TO RUBEN
CASTANEDA
Anthony Jemison, Human Relations Chairperson, introduced Ruben Castaneda and then
presented him with the City's first civic award.
· PRESENTATION BY REBECCA DAVIS, ASSOCIATE REGIONAL PLANNER, SAN
DIEGO ASSOCIATION OF GOVERNMENTS, REGARDING HOUSING TRUST
FUNDS
Rebecca Davis, represeming San Diego Association of Governments (SANDAG), gave a
presentation regarding housing trust funds. She explained that the trust funds are distinct
accounts that receive dedicated sources of public funds to support affordable housing and are
typically established by ordinance or legislation. She discussed trust fund revenue sources, trust
fund advantages, and examples of best practices in California and other states. Ms. Davis stated
that SANDAG would be working with jurisdictions that are interested in developing a trust fund
program.
CONSENT CALENDAR
(Items 1 through 16)
Mayor Padilla removed Item No. 16 from the Consent Calendar at the request of members of the
public.
1. APPROVAL OF M1NUTES of May 6, 2003.
Staff recommendation: Council approve the minutes.
2. RESOLUTION NO. 2003-211, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDiNG THE FISCAL YEAR 2003 RECREATION
DEPARTMENT BUDGET BY APPROPRIATiNG $6,681 1N UNANTICIPATED
REVENUES FROM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS TO THE RECREATION DEPARTMENT FOR SENIOR
The Senior Information and Referral Services Section of the Recreation Department, in
collaboration with other agencies, was awarded two CDBG grants for Fiscal Year
2002/2003. A portion of this funding, $6,681, was not budgeted and needs to be
appropriated for two senior services programs, Project Care and Leisure Connection, and
for the purchase of a computer. (Director of Recreation)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2003-212, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO CALIFORNIA
DEPARTMENT OF TRANSPORTATION OF FOUR APPLICATIONS FOR THE
"SAFE ROUTES TO SCHOOL" PROGRAM GRANTS FOR FISCAL YEAR
2003/2004
The City has submitted four applications to the California Department of Transportation
(CalTrans) for the Safe Routes to School Program. This program uses federal
transportation funds for construction of bicycle and pedestrian safety and traffic calming
projects. Projects are chosen and then approved for funding after the applications have
been evaluated and assigned a priority by CalTrans. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
4. ORDINANCE NO. 2914, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION
13.14.110(A), RELATiNG TO THE SEWER SERVICE CHARGES
The sewer service charges are fees that every property owner or occupant of property
connected to the sewer system in Chula Vista is required to pay for the operation and
maintenance of the sewer system and other related expenditures. Adoption of the
ordinance amends Section 13.14.110(A) to clarify the mechanism for establishing the
charge. (Director of Engineering)
Staffrecommendation: Council place the ordinance on first reading.
Page 2 - Council Minutes 05/27/03
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2003-213, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $1,450,000 FROM THE AVAILABLE
BALANCE OF THE SEWER SERVICE REVENUE FUND TO PAY FOR
UNANTICIPATED METROPOLITAN WASTEWATER DISTRICT EXPENDITURES
In June 2001, the City adopted the budget for Fiscal Year 2001/2002, which included a
budget for wastewater treatment costs payable to the City of San Diego Metropolitan
Wastewater District (Metro). The amount budgeted for Metro expenditures in Fiscal Year
2001/2002 was $14,800,732 and was based on flow projections for that year. However,
Metro recently completed the annual audit for Fiscal Year 2001/2002 and re-determined
the City's total cost based on actual flows generated. The revised cost was determined to
be $15,503,151. Therefore, additional funds are needed to pay for the additional
treatment costs for Fiscal Year 2001/2002. Furthermore, additional funds are also
required to cover other Metro expenditures for Fiscal Year 2002/2003. (Director of
Engineering)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2003-214, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE FIRM OF
KIMLEY-HORN AND ASSOCIATES, TO PROVIDE TRAFFIC ENGINEERING
SERVICES RELATED TO A TRANSPORTATION STUDY FOR THE GENERAL
PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
In November 2001, the Council approved an overall work program and budget for the
General Plan Update (GPU) project, which involved the preparation of several studies to
be done by consultants, including the preparation of a transportation study. The GPU
project is now at a point where transportation evaluations need to commence. The City's
selection committee chose Kimley-Hom Associates, Inc. for the study. The work will
include the preparation of an updated model and the analysis of the transportation effects
of various General Plan land use and transportation alternatives. The study will
specifically consider the effects of the expanded use of transit and other methods of
mobility to reduce auto usage and will evaluate alternative urban service standards.
(Director of Engineering)
Staff recommendation: Council adopt the resolution.
7 A. RESOLUTION NO. 2003-215, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 06I (EASTLAKE - WOODS,
VISTAS AND LAND SWAP) DECLARING THE RESULTS OF A SPECIAL
ELECTION TO MODIFY THE RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAXES AUTHORIZED TO BE LEVIED IN IMPROVEMENT AREA B OF
SUCH COMMUNITY FACILITIES DISTRICT
Page 3 - Council Minutes 05/27/03
CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2003-216, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION
IN ANNEXATION AREA TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 06-I (EASTLAKE-WOODS, VISTAS AND LAND SWAP) AND
DESIGNATED AS IMPROVEMENT AREA B THERETO
C. ORDINANCE NO. 2915, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDINANCE NO. 2881 AND AUTHORIZING THE
LEVY OF A SPECIAL TAX 1N IMPROVEMENT AREA B OF COMMUNITY
FACILITIES DISTRICT NO. 06-I (EASTLAKE - WOODS, VISTAS AND LAND
SWAP) PURSUANT TO AN AMENDED RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
On May 13, 2003, the City held two public heatings to consider 1) the authorization to
modify the rate and method of apportionment (RMA), and 2) the authorization to annex
property for Improvement Area B of Community Facilities District No. 06-1 (EastLake-
Woods, Vistas and Land Swap). On May 21, 2003, a special election of eligible property
owners was held for the purpose of voting on the proposed modifications to the RMA and
the annexation of territory for Improvement Area B of CFD No. 06-1. Adoption of the
resolutions and ordinance continues the formal proceedings. (Director of Engineering)
Staff recommendation: Council adopt the resolutions and place the ordinance on first
reading.
8 A. RESOLUTION NO. 2003-217, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL
RANCH PLANNING AREA "D", CHULA VISTA TRACT NO. 99-04; ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA, THE VARIOUS STREETS AND
EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN SAID SUBDIVISION
AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2003-218, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE F1NAL MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH
PLANNING AREA "D", CHULA VISTA TRACT NO. 99-04, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
BOTH RESOLUTION NO. 2000-068 AND RESOLUTION NO. 2002-175, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION NO. 2003-219, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT BETWEEN PARDEE CONSTRUCTION
COMPANY, A CALIFORNIA CORPORATION, AND THE CITY, REGARDING
MAINTENANCE OF PRIVATE OPEN SPACE AND FACILITIES WITHIN THE
RIGHT-OF-WAY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Page 4 - Council Minutes 05/27/03
CONSENT CALENDAR (Continued)
On February 29, 2000, the Council approved a tentative subdivision map for Chula Vista
Tract 99-04, San Miguel Ranch. On August 7, 2001, the Council approved San Miguel
Ranch Phases One, Two, and Four - "A" Map No. 1. On May 28, 2002, the Council
approved a tentative subdivision map and conditions of approval for San Miguel Ranch
lot five, Chula Vista Tract 02-08. Adoption of the resolution approves the Planning Area
"D" (San Miguel Ranch, lot 5) final map within Phase Two of San Miguel Ranch by the
developer Pardee Construction Company. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
9 A. RESOLUTION NO. 2003-220, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP FOR SAN MIGUEL
RANCH PLANNING AREA "G", CHULA VISTA TRACT NO. 99-04; ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA, THE VARIOUS STREETS AND
EASEMENTS, ALL AS GRANTED ON SAiD MAP, WITHIN SAiD SUBDIVISION;
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAiD SUBDIVISION; AND
AUTHORIZING THE MAYOR TO EXECUTE SAiD AGREEMENT
B. RESOLUTION NO. 2003-221, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR SAN MIGUEL RANCH
PLANNING AREA "G", CHULA VISTA TRACT NO. 99-04, REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2000-068, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
C. RESOLUTION NO. 2003-222, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT BETWEEN NNP TRIMARK SAN MIGUEL
RANCH, LLC, AND CITY, REGARDING MAINTENANCE OF PRIVATE OPEN
SPACE AND FACILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
On February 29, 2000, the Council approved a tentative subdivision map for Chula Vista
tract 99-04, San Miguel Ranch. On August 7, 2001, the Council approved San Miguel
Ranch Phases One, Two, and Four - "A" Map No. 1. Adoption of the resolutions
approves the Planning Area "G" final map within Phase Two of San Miguel Ranch by the
developer, Trimark Pacific-Ventana, LLC. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Minutes 05/27/03
CONSENT CALENDAR (Continued)
10. RESOLUTION NO. 2003-223, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIV1NG THE CONSULTANT SELECTION PROCESS,
APPROVING AGREEMENT WITH HB CONSULTiNG GROUP, FOR
ENGINEERING SERVICES RELATED TO HERITAGE ROAD, MAIN STREET AND
ROCK MOUNTAIN ROAD AND ADDITIONAL iNFRASTRUCTURE NEEDS
WITHIN EASTERN CHULA VISTA (CIP NO. STM 350), AUTHORIZiNG THE
MAYOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING $140,000
FROM THE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT
FEE FUND TO PROJECT CIP NO. STM 350
Heritage Road, Main Street and Rock Mountain Road are vital circulation roadways,
constituting the most significant east-west and north-south connectors following Olympic
Parkway. In order to program these transportation links and related improvements ahead
of land development, an opportunity and constraints study must be prepared to determine,
in advance of land entitlements, the most feasible and economical aligmments. Adoption
of the resolution approves an agreement with HB Consulting Group to perform this work.
Harry Burrowes of HB Consulting Group (formerly a Principal of McGill Martin Self,
Inc.) has been involved in the City's recent, major projects, such as Olympic Parkway
and the traffic capacity enhancement projects. Staff recommends waiving the consultant
selection process and retaining HB Consulting Group to perform the work to ensure
successful completion in the required time frames. The work requires expertise in project
management, engineering design, geotechnical review, and environmental analysis.
(Director of Engineering)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2003-224, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT 1N THE
AMOUNT OF $202,031.25 FOR TWO REPLACEMENT TREE TRIMMiNG TRUCKS
TO ALTEC iNDUSTRIES IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE CITY OF SAN DIEGO BID NO. 4873-02-D
The Fiscal Year 2002/2003 equipment budget provides for the replacement of two tree
trimming tracks. Municipal Code Section 22.56.140 and Council Resolution No. 6132
authorize the Purchasing Agent to participate in cooperative bids with other government
agencies for the purchase of materials of common usage. The City has an opportunity to
participate in a current City of San Diego bid for favorable terms and pricing. (Director
of Public Works, Director of Finance)
Staff recommendation: Council adopt the resolution.
12. ORDINANCE NO. 2916, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDiNG THE CHULA VISTA MUNICIPAL CODE BY
ADDiNG CHAPTER 8.21 RELATING TO THE REGULATION OF WHOLESALE
FOOD WAREHOUSES
Page 6 - Council Minutes 05/27/03
CONSENT CALENDAR (Continued)
Wholesale food warehouses are not adequately regulated by the State of California, and
recent inspections of some of these food warehouses by the County of San Diego have
revealed rodent infestations, mishandling of recalled food, and other conditions that could
lead to food-borne illness. Pursuant to state and local law, the County of San Diego is the
primary regulator of persons handling and storing food within the City. To address the
concern mentioned above, the County wishes to institute a wholesale food warehouse
permit and inspection program with consistent rules and regulations throughout the
region. To do so, the County needs the City's authorization to conduct such a program
within City boundaries and requests that the City adopt (by reference) the County's
Wholesale Food Warehouse Ordinance. (Director of Planning and Building)
Staff recommendation: Council place the ordinance on first reading.
13. RESOLUTION NO. 2003-225, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 GENERAL FUND
OPERATING BUDGET IN VARIOUS DEPARTMENTS BY $451,000 TO FUND
INCREASED WORKERS' COMPENSATION EXPENSES THROUGH THE END OF
FISCAL YEAR 2003, AND APPROPRIATING $451,000 FROM THE WORKERS'
COMPENSATION FUND AVAILABLE RESERVES TO TRANSFER TO THE
GENERAL FUND FOR THE INCREASED COSTS
Workers' compensation insurance premium increases that were greater than anticipated,
coupled with legislatively mandated mid-year benefit increases and extraordinary claim
costs, have resulted in a shortfall of funds available to cover claims expenses through the
end of the fiscal year. The appropriation and associated allocation of funds will cover
these costs. (Director of Human Resources, Director of Finance)
Staff recommendation: Council adopt the resolution.
14 A. RESOLUTION NO. 2003-226, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TRANSFERRING $3,888,945 OF DEVELOPER
CONTRIBUTION FROM THE CAPITAL IMPROVEMENT FUND TO THE PARK
ACQUISITION AND DEVELOPMENT FUND; UNENCUMBERING $3,888,945
FROM CIP PROJECT PR-238 CNEIGHBORHOOD PARK CONSTRUCTION -
SUNBOW DEVELOPMENT) FROM THE CAPITAL IMPROVEMENT FUND; AND
APPROPRIATING $3,420,117 FROM THE AVAILABLE BALANCE OF THE PARK
ACQUISITION AND DEVELOPMENT FUND; AND APPROPRIATING $866,125
FROM THE AVAILABLE BALANCE OF THE PUBLIC FACiLITIES
DEVELOPMENT IMPACT FEE FUND TO CIP PROJECT PR-238 (TO BE
RENAMED VETERANS PARK)
B. RESOLUTION NO. 2003-227, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
DOUGLAS E. BARNHART, INC., FOR THE PROVISION OF SERVICES
REQUIRED TO DESIGN AND CONSTRUCT VETERANS PARK, LOCATED
ALONG EAST PALOMAR BETWEEN DAVIES DRIVE AND MEDICAL CENTER
COURT IN EASTERN CHULA VISTA, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Page 7 - Council Minutes 05/27/03
CONSENT CALENDAR (Continued)
The Council previously approved CIP Project PR-238 and the Master Plan for Veterans
Park, which conceptually designed and provided for the construction of a completed and
fully functional park and recreation center. Adoption of the resolutions appropriates
needed funds to design and construct the project and award Douglas E. Bamhart, Inc. the
design-build agreement for Veterans Park. (CONTINUED FROM THE MEET1NG OF
MAY 20, 2003 - Director of Building and Park Construction)
Staff recommendation: Council adopt the resolutions.
15 A. RESOLUTION NO. 2003-228, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE F1NAL "B" MAP OF CHULA VISTA
TRACT NO. 02-05, OTAY RANCH VILLAGE SIX, NEIGHBORHOOD R-7A/7B,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS
GRANTED ON SAID MAP WITHiN SAID SUBDIVISION, APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2003-229, 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.
02-05, OTAY RANCH VILLAGE SIX, NEIGHBORHOODS R-7A/7B, AND
AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT
On March 26, 2002, the Council approved a tentative subdivision map for Chula Vista
Tract 02-05, Otay Ranch Village 6. On August 27, 2002, by Resolution No. 2002-344,
the Council approved the Village Six "A" Map, Units 1 and 2. Adoption of the resolution
approves the Final "B" Map for Otay Ranch Village Six and the Neighborhoods R-7A/7B
Subdivision Improvement Agreement and Supplemental Subdivision Improvement
Agreement. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent
Calendar Items 1 through 15, headings read, texts waived. The motion carried 5-0.
ITEMS PULLED FROM THE CONSENT CALENDAR
16. REPORT REGARDING IMPLEMENTATION OF SCHOOLS TASK FORCE
RECOMMENDATIONS
At the Council meeting of May 13, 2003, the Council received a presentation on the
Chula Vista City/Schools Task Force Report by John Moot, Chairman of the Task Fome.
The Council referred the report to City staff and requested an initial report from staff
regarding recommended implementation action within two weeks. (Assistant City
Manager Morris, Director of Planning and Building)
Page 8 - Council Minutes 05/27/03
ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
Staff recommendation: Council authorize the Mayor to send a letter to the Sweetwater
Union High School District and Chula Vista Elementary School District expressing the
City Council's support of the Task Force recommendation "to create an Ad Hoc
Committee of the Agencies to regularly examine and recommend solutions for high
enrollment schools," to schedule the first meeting of the Ad Hoc Committee to occur
within 60 days of acceptance of the report by the two school districts; direct City staff to
work with the staff of the two school districts to develop a recommended work program
for evaluation and implementation of the other recommendations, and to present that
recommended work program to the Ad Hoc Committee at its first meeting.
Nick Aguilar, representing the County Board of Education, requested Council's consideration to
add representatives from the County Office of Education and County Board of Education to the
ad hoc committee. He also spoke regarding the impact of development on school facilities and
stated that there is nothing preventing the City from allocating additional resources, beyond
developer fees, to improve the quality of school facilities and programs. He encouraged the City
to supplement the developer fees to the extent necessary to ensure equity in education for
residents in all sectors of the City.
Lupita Jimenez, representing Crossroads II, spoke in support of an ad hoc committee and asked
that representatives from the general public, as well as parents, be included on the committee to
aid in developing the work program.
ACTION: Mayor Padilla moved to approve staff's recommendation. Councilmember Davis
seconded the motion, and it carded 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARiNGS
17. CONSIDERATION OF AMEND1NG THE OTAY RANCH VILLAGE 11 SECTIONAL
PLANNiNG AREA PLAN TO ADD LANGUAGE TO THE PLANNED COMMUNITY
DISTRICT REGULATIONS, AMENDING THE SITE UTILIZATION PLAN BY
TRANSFERRING ONE DWELLING UNIT FROM NEIGHBORHOOD R-1 TO
NEIGHBORHOOD R-2, AND APPROVING A REVISED TENTATIVE
SUBDIVISION MAP (APPLICANT - BROOKFIELD SHEA OTAY, LLC.)
Brookfield Shea Otay, LLC has applied to amend the Otay Ranch Village 11 SPA Plan to
add language to the PC District Regulations and amend the Site Utilization Plan by
transferring one dwelling unit from Neighborhood R-1 to Neighborhood R-2. In
addition, the application proposes a revised Tentative Map to subdivide Neighborhood R-
23 and utilize unused Village 11 SPA dwelling units in Neighborhoods R-1 and R-4.
(Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Page 9 - Council Minutes 05/27/03
PUBLIC HEARiNGS (Continued)
Mayor Padilla opened the public hearing.
Associate Planner Whipple presented the Otay Ranch Village Eleven SPA amendment and
revised Tentative Subdivision Map.
Councilmember Salas asked if construction litigation continued to be as prevalent on attached
products versus single-family dwellings. John Norman, representing Brookfield Shea Otay,
responded that although the R-23 area is zoned as multi-family, the developer has plotted it as
fee simple lots with private streets.
Deputy Mayor Rindone asked about possible legal issues that could arise between owners of the
"Z" lot configuration. John Vance, representing Shea Homes, responded that one of the owners
would grant an easement to the other, and specific restrictions would be included in the grant of
easement and declaration of restrictions documentation.
With no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
ACTION: Councilmember McCann offered Ordinance No. 2917 for first reading and
Resolution Nos. 2003-230 and 2003-231 for adoption, headings read, texts waived:
A. RESOLUTION NO. 2003-230, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROViNG AN AMENDMENT TO THE
OTAY RANCH VILLAGE 11 SECTIONAL PLANNING AREA (SPA) PLAN
TO AMEND THE SITE UTILIZATION PLAN
B. ORDiNANCE NO. 2917, ORDiNANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROViNG THE AMENDMENT TO THE OTAY
RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA PLAN TO
ADD LANGUAGE TO THE PLANNED COMMUNITY DISTRICT
REGULATIONS
C. RESOLUTION NO. 2003-231, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE
SUBDIVISION MAP FOR OTAY RANCH VILLAGE ELEVEN TO
SUBDIVIDE NEIGHBORHOOD R-23 AND UTILIZE UNUSED VILLAGE
ELEVEN SPA DWELLING UNITS 1N NEIGHBORHOODS R-1 AND R-4
(CHULA VISTA TRACT NO. 01-1 lA)
The motion carried 5-0.
18. CONSIDERATION OF THE CHANGE AND MODIFICATION OF COMMUNITY
FACILITIES DISTRICT NO. 07-M, IMPROVEMENT AREA NO. 2 (CONTINUED
FROM THE MEETING OF MAY 20, 2003)
Page 10 - Council Minutes 05/27/03
PUBLIC HEAR1NGS (Continued)
On April 15, 2003, the Council initiated the Community Facilities District (CFD) 07-M
(Eastlake - Woods, Vistas and Land Swap) change and modification. Adoption of this
resolution is the next step in the formal proceedings to change and modify the special tax
rates in CFD 07-M. The special taxes levied will fund perpetual operation and
maintenance of slopes, medians and parkways and storm water treatment facilities
associated with the Eastlake Woods and Vistas and the Land Swap parcel. The City has
retained the services of MuniFinancial as special tax consultant and Best Best and
Kfieger LLP as legal counsel to provide assistance during the proceedings. (Director of
Engineering)
Councilmember Salas left the dais at 7:13 p.m.
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. There being no members of the public wishing to
speak, he then closed the heating.
ACTION: Councilmember McCann offered Resolution No. 2003-232, heading read, text
waived:
RESOLUTION NO. 2003-232, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MAKING CERTAiN DETERMiNATIONS
AND AUTHORIZiNG THE SUBMITTAL OF PROPOSED CHANGES 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) TO THE QUALIFIED ELECTORS THEREOF
The motion carried 4-0, with Councilmember Salas absent from the dais.
19. CONSIDERATION OF APPROVAL OF THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 07-M, IMPROVEMENT AREA NO. 2
On April 15, 2003, the Council initiated the Community Facilities District (CFD) 07-M
(Eastlake - Woods, Vistas and Land Swap) annexation proceedings. Adoption of the
resolution is the next step in the formal proceedings to annex territory to CFD 07-M,
Improvement Area 2. The special taxes levied in the CFD will fund perpetual operation
and maintenance of slopes, medians and parkways and storm water treatment facilities
associated with the Eastlake Woods and Vistas and the Land Swap parcel. 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
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.
Page 11 - Council Minutes 05/27/03
PUBLIC HEARiNGS (Continued)
Councilmember Salas returned to the dais at 7:16 p.m.
Mayor Padilla opened the public hearing. There being no members of the public wishing to
speak, he then closed the hearing.
ACTION: Councilmember Davis offered Resolution No. 2003-233, heading read, text
waived:
RESOLUTION NO. 2003-233, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MAKING CERTA1N DETERMINATIONS
AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO
THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO
BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 07-M
(EASTLAKE - WOODS, VISTAS AND LAND SWAP), AND
IMPROVEMENT AREA NO. 2 THERETO
The motion carded 5-0.
ACTION ITEMS
20. CONSIDERATION OF ADOPTION OF THE CITY OF CHULA VISTA WATER
CONSERVATION PLAN GUIDELINES
In May 2002, the City concluded a water conservation pilot study involving three major
projects. Staff was directed to draft guidelines for future water conservation plans using
the information contained in the pilot study and report. Proposed guidelines for the
preparation of water conservation plans that are required by the growth management
ordinance have been completed. (Director of Planning and Building)
Project Planner Venables discussed the water conservation plan requirements, guidelines and
pilot program; residential conservation measures, including optional measures; non-residential
conservation measures and optional non-residential measures; and non-residential indoor and
outdoor conservation measures.
ACTION: Mayor Padilla offered Resolution No. 2003-234, heading read, text waived:
RESOLUTION NO. 2003-234, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
WATER CONSERVATION PLAN GUIDELINES
The motion carded 5-0.
21. CONSIDERATION OF APPROVAL OF THE FINAL DRAFT MASTER PLAN FOR
THE PROPOSED PUBLIC PARK IN THE OTAY RANCH, VILLAGE SIX
Adoption of the resolution approves a Master Plan for the development of a seven-acre
public neighborhood park in Otay Ranch Village Six. (Director of Building and Park
Construction)
Page 12 - Council Minutes 05/27/03
ACTION ITEMS (Continued)
Mitch Phillippe, landscape architect with Van Dyke Partners, presented the proposed public park
for Village 6.
Councilmember McCann commended staff on the excellent use of space for the project. He also
asked whether parking would be available on View Parkway and Magdalena Avenue.
Landscape Architect Krizan replied that on-street parking would be available on both streets.
Councilmember McCann then asked whether any discussion had taken place between the City
and the elementary school district regarding use of shared parking. Mr. Kfizan responded that
there would be shared access via a gateway connecting the school and park sites.
Deputy Mayor Rindone asked about the feasibility of modifying the proposed plan to have two
tennis courts and one basketball court. Mr. Krizan replied that the proposed configuration was
based on input from recreation staff regarding need and actual use of facilities.
Councilmember Salas asked about the viability of two side-by-side tennis courts and two
basketball courts. Mr. Krizan replied that other elements of the plan would have to be eliminated
to accommodate the request.
Councilmember Davis expressed concern that, although the park will encompass many activities,
there is not enough play area to accommodate neighborhood children, and she asked that this be
taken into consideration in designing future parks. Recreation Director Martin responded that
there are parks where fields are not programmed that provide opportunities for kids to participate
in pick-up games. He added that staff is working toward creating parity among activities in
community parks.
ACTION: Deputy Mayor Rindone offered Resolution No. 2003-235, heading read, text
waived:
RESOLUTION NO. 2003-235, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING THE FINAL DRAFT MASTER
PLAN FOR THE PROPOSED PUBLIC PARK IN OTAY RANCH, VILLAGE 6
SUBDIVISION
The motion carried 5-0.
OTHER BUSINESS
22. CITY MANAGER'S REPORTS
There were none.
23. MAYOR'S REPORTS
There were none.
Page 13 - Council Minutes 05/27/03
24. COUNCIL COMMENTS
Deputy Mayor Rindone announced that he and Councilmember Salas attended the Veterans
Memorial Service on Monday, May 26, 2003, at Glen Abbey. He stated that the event was well
attended, and he congratulated the Veterans of Foreign Wars.
Councilmember McCann reminded the community of the upcoming historic home tour in Chula
Vista on June 14 and 15, 2003, and invited all to attend the event.
CLOSED SESSION
Closed Session was cancelled and the following items were not discussed:
25. 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
26. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: Brandywine Classics, Common Area Lots 1 - 4 of Chula Vista
Tract No. 82-3
Agency negotiator: Ludlow Keeney
Negotiating Parties: Ann Moore, Linda Bartz, Harry Burrowes, and George Krempl
Under Negotiation: Price and Terms
27. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
ADJOURNMENT
At 8:27 p.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting on May
29, 2003 at 4:00 p.m. in the Corporation Yard at 1800 Maxwell Road, and thence to the Regular
Meeting of June 3, 2003, at 4:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, Clty~' Clerk
Page 14 - Council Minutes 05/27/03