HomeMy WebLinkAboutcc min 2003/07/15 MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 15, 2003 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:09
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Cotmcilmembers: 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
· OATHS OF OFFICE: Jason Harmon - International Friendship Commission
City Clerk Bigelow administered the oath of office to Jason Harmon, and Deputy Mayor
Rindone presented him with a certificate of appointment.
· PRESENTATION OF A PROCLAMATION TO CARRIE STAFFORD, PRESIDENT
OF THE CHULA VISTA WOMAN'S CLUB, COMMENDING THE CLUB FOR 90
YEARS OF DEDICATED SERVICE
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Carrie Stafford,
President of the Chula Vista Woman's Club.
· PRESENTATION OF A PROCLAMATION TO MARK BASNIGHT, AQUATICS
COORDINATOR, PROCLAIMING THE WEEK OF JULY 13 THROUGH JULY 19,
2003 AS NATIONAL AQUATICS WEEK IN THE CITY OF CHULA VISTA
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Eric Bonney,
Pool Manager.
· PRESENTATION OF A PROCLAMATION TO ROBERT A. LEITER, DIRECTOR OF
PLANNING & BUILDING, COMMENDING HIM FOR HIS 13 YEARS OF SERVICE
TO THE CITY OF CHULA VISTA
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Bob Leiter,
Director of Planning and Building. The Councilmembers also expressed thanks to Mr. Leiter for
his dedicated service to the City and wished him well in his new position.
CONSENT CALENDAR
(Items 1 through 10)
Item No. 10 was tabled at the request of the developer, and no action was taken.
1. ORDINANCE NO. 2922, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING ORDINANCE NO. 2896 AND AUTHORIZING THE
LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 08-1
(OTAY RANCH VILLAGE SIX) PURSUANT TO A REVISED RATE AND METHOD
OF APPORTIONMENT OF SPECIAL TAX (SECOND READING AND ADOPTION)
On June 24, 2003, a special election of eligible property owners was held at the City
Attorney's office for the purpose of voting on the proposed modifications to the rate and
method of apportionment (RMA) of Community Facilities District (CFD) No. 08-I. The
proposed action continues the formal proceedings by adopting the ordinance authorizing
the levy of special taxes pursuant to the amended RMA, which will amend and supercede
the provisions of Ordinance No. 2896 for CFD-08-I. (Director of Engineering)
Staff recommendation: Council place the ordinance on second reading for adoption.
2. ORDINANCE NO. 2923, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA PROHIBITING THE SLEEPING OR CAMPING OVERNIGHT OF
VEHICLES WITHIN THE GROUNDS OF ANY DOWNTOWN MUNICIPAL
PARKING LOT, AND AMENDING SECTION 10.62.010 OF THE MUNICIPAL
CODE PERTAINING TO PARKING VIOLATIONS TO ESTABLISH A PENALTY
TO CITE FUTURE VIOLATIONS (SECOND READING AND ADOPTION)
The proposed ordinance prohibits any individual from sleeping or camping overnight in a
vehicle on the grounds of any downtown municipal parking lot. Signs expressing this
parking restriction, and the City's right to remove or impound an offending vehicle, shall
be posted at each parking lot. Staff also proposes amending Section 10.62.010 of the
Municipal Code pertaining to parking violations to establish a penalty to cite future
violators. (Director of Community Development)
Staff recommendation: Council place the ordinance on second reading for adoption.
3. ORDINANCE NO. 2925, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED
COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP
(SECOND READING AND ADOPTION)
The applicant, the Eastlake Company, has submitted applications to amend the City's
General Plan, EastLake II General Development Plan, and EastLake I Village Center
North supplemental SPA plan, to convert 9.3 acres located at the northeast comer of Otay
Lakes Road and EastLake Parkway from professional-administrative to commercial
retail, and the land use district designation from VC-2 to VC-4 to allow for an
approximate 100,000 square-foot Kohl's department store to be developed on the project
site. (Director of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
Page 2 - Council Minutes 07/15/03
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2003-295, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A
PORTION OF AN EASEMENT CALLED OUT AS "2' WALL MAINTENANCE AND
ACCESS EASEMENT" OF MAP NO. 14493
McMillin Otay Ranch, LLC, owner of the property located in McMillin Otay Ranch
Village 6, R-3, has requested the vacation of a wall maintenance and access easement
located along the rear of Lots 13 through 29. 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 ordering said vacation. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2003-296, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA VACATING AN IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST FOR PARK PURPOSES TO THE CITY OF
CHULA VISTA OVER LOT 5 OF MAP NO.13649, CHULA VISTA TRACT NO. 98-
04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2
McMillin Otay Ranch, LLC wishes to process a summary vacation for the existing
irrevocable offer of dedication of fee interest for park purposes to the City to be
consistent with a lot line adjustment parcel map that is being processed by the City. 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 of Engineering)
Staff recommendation: Council adopt the resolution.
6.A. RESOLUTION NO. 2003-297, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE
CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETTING AUGUST
19, 2003 AT 6:00 P.M. AS THE DATE AND TIME OF A PUBLIC HEARING ON
ASSESSMENT DISTRICT 2001-3 (D STREET)
B. RESOLUTION NO. 2003-298, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND
ESTABLISHING THE RATE OF INTEREST AND FINANCING PERIOD APPLIED
TO DEFERRALS FOR ASSESSMENT DISTRICT 2001-3
On June 18, 2002, the Council awarded a contract in the amount of $15,870 to Portillo
Construction for the construction of sidewalk improvements on D Street, between Third
Avenue and Landis Avenue. The work is now complete, and improvements have been
accepted by the City Manager. A resolution must be adopted to accept the filing of the
Engineer's Report on the cost of construction and to set the public hearing on the
assessments. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Minutes 07/15/03
CONSENT CALENDAR (Continued)
7.A. RESOLUTION NO. 2003-299, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT
NO. 99-05, PARK VIEW ESTATES, ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDMSION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2003-300, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 99-05, PARK
VIEW ESTATES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On January 14, 2003, the Council approved the tentative subdivision map for Chula Vista
Tract 99-05, Park View Estates. The proposed resolutions approve the final map,
subdivision improvement agreement, and supplemental subdivision improvement
agreement. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
8. RESOLUTION NO. 2003-301, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA COUNCIL WAIVING THE FORMAL BIDDING PROCESS
AND APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND RECON FOR CONSULTING SERVICES TO PREPARE AN
ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE CITY'S GENERAL PLAN
UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolution waives the formal bidding process and approves a two-party
agreement with RECON for consulting services to prepare an environmental impact
report for the City's General Plan update in an amount not to exceed $317,887, including
a 15-percent contingency. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2003-302, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING DOWNTOWN PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT ANNUAL COST OF LIVING ASSESSMENT
ADJUSTMENT
The Downtown Property and Business Improvement District (PBID) may authorize
annual cost-of-living increases of up to five percent based on the San Diego regional
consumer price index, pursuant to the adopted management plan. For the 2003-2004 tax
year, the PBID Board of Directors has recommended an assessment increase of 4.0
percent, which matches the regional consumer price index increase. (Director of
Community Development)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 07/15/03
CONSENT CALENDAR (Continued)
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AMENDED AND RESTATED SECOND AFFORDABLE
HOUSING AGREEMENT RELATED TO ROLLING HILLS RANCH BETWEEN THE
CITY AND MCMILLIN ROLLING HILLS RANCH, LLC AND AUTHORIZING THE
MAYOR TO SIGN THE AGREEMENT
The City and Pacific Bay Properties executed a project-specific, affordable housing
agreement in June 2001 to implement Pacific Bay's obligation to provide affordable
housing within Rolling Hills Ranch. This agreement, known as the second affordable
housing agreement, pertained to a 168-unit apartment complex, of which 32 units would
be designated as affordable to low-income households. Since that time, McMillin
Rolling Hills Ranch, LLC has acquired the property. The developer is requesting to
amend and restate the second agreement to provide McMillin and the City with the
flexibility of developing the site with a for-sale condominium or rental development and
adjusting the timing requirements for the provision of these units. The developer is also
requesting the release from the obligation of those properties within the project not
identified for the provision of low-income housing. (Director of Community
Development)
Staff recommendation: Table the item at the request of the developer.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered the
Consent Calendar, with Item gl0 tabled, headings read, texts waived. The motion
carried 5-0.
ORAL COMMUNICATIONS
Evelyn Hembree thanked Councilmember McCann for supporting for-sale affordable housing at
the meeting of July 8, 2003, which she believed would afford home-buying opportunities for
residents of low and moderate incomes.
PUBLIC HEARINGS
11. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE
OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF
THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
In order to adequately protect the City's interest in delinquent sewer service charges and
insure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, it is recommended that liens against affected properties
be approved as a preliminary action to replacing the delinquencies on the property tax
rolls if they remain unpaid. Adoption of the resolution enhances the collection process
for delinquent sewer service charges by ensuring that the correct property owners are
charged and that payment be received on a timelier basis. This is the identical process
approved by the Council since August 1998. (Director of Finance)
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 5 - Council Minutes 07/15/03
PUBLIC HEARINGS (Continued)
Mayor Padilla opened the public hearing.
Director of Finance Kachadoorian reported that last month, staff identified 258 delinquent
accounts valued at approximately $95,000. Since that time, 105 accounts have been cleared,
leaving a balance of 153 accounts valued at approximately $65,000.
There were no members of the public wishing to speak.
ACTION: Mayor Padilla moved to continue the hearing to the meeting of July 22, 2003.
Councilmember Davis seconded the motion, and it carried 5-0.
12. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINOUENT
SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING
PLACEMENT OF THE DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change in ownership, it is recommended that liens against affected
properties be approved as a preliminary action to replacing the delinquencies on the
property tax rolls if they remain unpaid. Adoption of the resolution enhances the
collection process for delinquent sewer service charges by reducing the amount of
uncollectible losses and ensures that payment will be received on a timelier basis. This is
the identical process approved by the Council on a quarterly basis since mid-2001.
(Director of Finance)
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.
Director of Finance Kachadoorian reported that last month, staff identified 849 delinquent
accounts valued at approximately $105,000. Since that time, 637 accounts have been cleared,
leaving a balance of 212 accounts valued at approximately $25,000.
There were no members of the public wishing to speak.
ACTION: Mayor Padilla moved to continue the hearing to the meeting of July 22, 2003.
Deputy Mayor Rindone seconded the motion and it carried 5-0.
13. CONSIDERATION OF APPROVAL OF PRECISE PLAN PCM-03-33,
ESTABLISHING DEVELOPMENT STANDARDS IN ORDER TO CONSTRUCT
FOUR DETACHED CONDOMINIUMS ON ONE LOT AT 216, 218, 220 DAVIDSON
STREET AND 261 TWIN OAKS IN THE R-3 APARTMENT RESIDENTIAL,
PRECISE PLAN (R3-P22) ZONE
The applicant, Harold D. West, is requesting a Precise Plan (PCM-03-33); in order to
establish development standards to construct four detached condominiums on one lot.
Each unit would have a two-car garage and be constructed to match the historic Victorian
structure to the east of the site. (Director of Planning and Building)
Page 6 - Council Minutes 07/15/03
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.
Councilmember Salas stated that she would abstain from discussion and voting on this item due
to the proximity of her residence to the project site. She then left the dais.
Mayor Padilla opened the public heating.
Associate Planner Lopez presented the proposed project and staff recommendation to approve
precise plan PCM-03-33, including the condition that the perimeter fencing should not exceed
six feet in height, as also recommended by the City's Design Review Committee and Planning
Commission.
Mayor Padilla questioned why staff was recommending a six-foot wall as opposed to the eight-
foot wall requested by the applicant. Associate Planner Lopez responded that staff did not feel
an eight-foot wall was appropriate next to the pedestrian walkway. Principal Planner Schmitz
added that both staff and the Design Review Committee had expressed concern about the effect
of an eight-foot, solid wall so close to the public right-of-way and adjacent properties.
Harold West, the applicant for the proposed project, stated that only one of the Design Review
Committee members had objected to an eight-foot wall height because of concerns about
sunlight. Mr. West believed that an eight-foot wall was important to provide privacy from
neighbors and for various safety and security factors. He added that landscaping is proposed
along the walls to provide attractive aesthetics. He also opposed the request by the City to install
a modem streetlight, stating that the project should maintain the historic character of the area and
that he was prepared to pay more to install a more appropriate, antique-style lamp.
There being no members of the public wishing to speak, Mayor Padilla closed the public heating.
Mayor Padilla offered an amendment to the ordinance to allow a variance in development
standards to permit the wall height limit to be eight feet, as requested by the applicant.
Councilmember Davis spoke in support of an eight-foot wall height, pointing out the importance
to residents in high-density areas of having the opportunity for privacy.
Deputy Mayor Rindone spoke against the two-foot increase in wall height, stating that it would
provide less security since neighbors would not be able to see one another. He stated that the
City endeavors to create community among people, and he believed that walling off neighbors is
not what the City is trying to promote. He stated that he could not support the proposed
amendment for an increased wall height.
Councllmember McCann opposed an eight-foot wall height, stating that it was inappropriate for
a pedestrian area.
Mr. West stated that the only wall that would abut public property was the one on Twin Oaks; all
other fences would be between the residential units. He added that the adjacent residents favor
the higher walls. Regarding the streetlight design, Mr. West stated that he would only be willing
to install a historic-type streetlight if the City were willing to have the same lights installed
throughout the street.
Page 7 - Council Minutes 07/15/03
PUBLIC HEARINGS (Continued)
ACTION: Mayor Padilla moved to direct staff to work with the applicant on design
standards for street lighting and offered Ordinance No. 2926 for first reading,
heading read, text waived:
ORDINANCE NO. 2926, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING DEVELOPMENT STANDARDS
FOR PRECISE PLAN PCM-03-33, KNOWN AS 216, 218, 220 DAVIDSON,
AND 261 TWIN OAKS AVENUE, CONSISTING OF FOUR DETACHED
CONDOMINIUMS, EACH WITH A TWO-CAR GARAGE ON AN EXISTING
9,632 SQUARE-FOOT LOT
The motion carried 4-0-1, with Councilmember Salas abstaining.
Councilmember Salas returned to the dais at 7:07 p.m.
BOARD AND COMMISSION RECOMMENDATIONS
14. CONSIDERATION OF RECOMMENDATION FROM THE PARKS AND
RECREATION COMMISSION TO UPDATE THE ROHR PARK MASTER PLAN
AND INCLUDE THE ENTIRE ROHR RECREATION AREA IN THE PLAN
The Parks and Recreation Commission believes that the Master Plan for Rohr Park
should be updated and that the update should include the entire Rohr "recreation area,"
including both the City-owned and County-owned portion of Rohr Park, the Chula Vista
Golf Course, and the yet-to-be-developed land adjacent to the golf course (a three-acre
parcel west of the South Bay Banquet Center, and the two parcels along Bonita
Road/Sweetwater/Central Avenue.
Councilmember McCann announced that he would abstain from discussion and voting on Item
No. 14 due to the proximity of his property to the park. He then left the dais.
Councilmember Davis asked what impacts the proposed plan would have on the existing horse
trail. Recreation Director Martin responded that the horse trail would remain.
ACTION: Councilmember Davis moved to accept the report and direct staff to bring back a
report with recommendations and cost estimates for the Council's consideration.
Mayor Padilla seconded the motion, and it carried 4-0-1, with Councilmember
McCann abstaining.
Councilmember McCann returned to the dais at 7:10 p.m.
Page 8 - Council Minutes 07/15/03
ACTION ITEMS
15. RESOLUTION NO. 2003-303, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA EXPEDITING THE PROCESSING OF OTAY RANCH
GENERAL DEVELOPMENT PLAN VILLAGE 7 SECTIONAL PLANNING AREA
ENTITLEMENTS, IN SUPPORT OF THE ACQUISITION AND DEVELOPMENT OF
HIGH SCHOOL #13 BY THE SWEETV/ATER UNION HIGH SCHOOL DISTRICT,
WAIVING THE FORMAL BID REQUIREMENTS FOR THE ASSOCIATED
ENVIRONMENTAL CONSULTING SERVICES AND EXTENSION-OF-STAFF
PROFESSIONAL PLANNING SERVICES, AND AU'rHORIZING THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER TO ENGAGE SAID
SERVICES BEFORE STAFF RETURNS TO COUNCIL TO FORMALIZE THE
AGREEMENT EXCEEDING $50,000
This item provides background and seeks Council concurrence on processing measures
necessary to expedite entitlements allowing for the timely construction of High School
#13 by the Sweetwater Union High School District within Otay Ranch. (Director of
Planning and Building)
Special Planning Projects Manager Hare presented the process for the development of High
School #13, with recommendations to 1) approve staff's recommendation with the express
understanding that any City effort would be at McMillin's risk and expense; 2) direct staff to
report to Council with a complete analysis of advantages and disadvantages of the Village 7 and
Village 10 sites, including a schedule for the expedited processing of a Village 10 general
development plan amendment; 3) direct staff to report back to Council with an analysis of the
feasibility of financing infrastructure to the Village 7 location through Village 6 or Village 2
community facilities districts; and 4) confirm the City's intention to adhere to the Village
phasing plan.
Deputy Mayor Rindone asked staff to delineate the working group process and its participants.
Mr. Hare replied that the working group was assembled in March 2003, and a number of
meetings were conducted from the first week of March through the last week of June 2003.
Those meetings included representatives from many of the property owners within Village 7,
including McMillin Company, Otay Ranch Company, and Otay Land Company. Not
represented on an ongoing basis at the meetings were the Mary Birch Foundation and the federal
government; however, discussions were held separately from the working group. A number of
sites were evaluated during the process, resulting in the identification of a number of possible
sites within Village 7. Deputy Mayor Rindone asked if staff from the Sweetwater Union High
School District participated in the work group meetings and also who the City staff participants
were. Mr. Hare responded that the District did partake in the work group meetings, represented
by Katie Wright and Cathy Tanner, along with various demographic and planning consultants.
Planning & Building Director Leiter added that there was broad participation by City staff at all
the work group meetings. Deputy Mayor Rindone requested a summary report listing the
working group participants and the number of meetings they attended.
Page 9 - Council Minutes 07/15/03
ACTION ITEMS (Continued)
Councilmember Salas asked why McMillin Company was the only property owner that brought
forward a proposed site plan. Planning & Building Director Leiter replied that each of the
property owners in Village 7 was asked to bring forward a recommended site for the high school,
and McMillin Company was the only property owner who brought forward a proposed site in
Village 7. He added that at one point, the Otay Land Company made a proposal that was
subsequently withdrawn; the Otay Ranch Company had suggested looking at a site in Village 10,
a site that it does not own, and staff believed that it should be placed in a different category than
that of McMillin Company. Mr. Leiter stated that McMillin Company's proposal calls for the
school to be on a portion of its property, but also on a portion of the property owned by the
foundation, which is a complicating factor that needs to be reviewed. He, therefore, believed
that alternative sites, besides that of McMillin Company, should be studied through the
environmental impact report process.
Dave Gatzke, representing Corky McMillin Companies, stated that Council's support for the
proposed item would allow moving forward with the planning process. He stated that
McMillin's proposed site is in a central location within the future service area, and a good
distance from competing uses.
Klm Kilkenny, representing Otay Ranch Company, stated that his company's goals for the
proposed high school location have included 1) making sure the Otay Ranch land use plan in its
entirety works well in relation to public facilities; 2) providing a high school at a reasonable cost;
3) providing a high school in a reasonable time frame; and 4) protecting the desire by Otay
Ranch to continue to process Villages 2 and 3. Mr. Kilkenny recommended that the Council a)
move forward with the action with the understanding that any City effort is at the risk and
expense of McMillin Companies and the City reserves the option to locate a high school
wherever it deems appropriate; b) direct staff to bring forward an analysis of the pros and cons of
Village 7 and Village 10 for a more complete review by the Council; c) direct staff to report back
on the feasibility of using existing community facilities districts in Village 6, or proposed
community facilities districts in Village 2, to provide the infrastructure to a Village 7 location
without moving forward with a specific plan approval; and d) express the City's intention to
continue to adhere to the Village phasing plan.
Deputy Mayor Rindone left the dais at 7:30 p.m. He returned to the dais at 7:43 p.m.
Deputy Mayor Rindone announced that he would abstain from further discussion and voting on
this item because of his employment with the school district. He clarified that although he
believed, after discussion with the City Attorney, that there was no conflict of interest, he would
abstain out of an abundance of caution to ensure that there was not the appearance of a conflict.
He then left the dais. City Attorney Moore confin~ned that, out of an abundance of caution, it
was recommended that Deputy Mayor Rindone recuse himself.
Michael McAndrews, attorney with Orrick, Herrington & Sutcliffe, stated that he had submitted
a letter to the Council dated July 15, 2003, regarding the Stephen & Mary Birch Foundation,
which opposes expedited processing of a Village 7 SPA plan requested by McMillin Company.
He stated that the foundation and its representatives did participate in the working group
meetings. He also pointed out that the work was undertaken in a matter of weeks to try and
reach a determination on a subject that has extremely long-term consequences for the City, the
school district, and landowners. The site was selected not because it was the optimum site, but
because it was the easiest site. The principal point was that this changes the analysis from what
is the optimal site to whether this particular site is good enough, which he believed was not the
way to approach the specific planning process or to make a determination that is optimal for the
students, City, and the entire community. He also did not believe that grading for the proposed
site could be accomplished within a year.
Page 10 - Council Minutes 07/15/03
ACTION ITEMS (Cominued)
With respect to the comments by Mr. McAndrews, Mayor Padilla clarified that nowhere in the
recommendations should anyone get the idea that a site has been selected, nor is there a transfer
of entitlement rights by any action of the Council from the foundation's property to that of
McMillin. City Attorney Moore also clarified that the City is not proposing expediting the
processing of Village 7 because of McMillin's proposal to provide utilities to the site, but rather
because of the need to get through the site selection process in order for the school district to
meet its construction schedule. She added that the resolution being proposed for Council
adoption clearly states that "a final determination of the suitability of the potential site can only
be made by the completion of the SPA plan.....be it further resolved that the City Council
authorizes such environmental consultant and extension of staff for professional planning
services consultant to begin work.....City Council declares that nothing herein obligated the City
to process the Otay Ranch General Development Village 7 SPA Plan entitlements in the
proposed time frame, and that City Council retains its full and sole discretion as to all actions
and approvals which may be necessary for processing said entitlements ,.
Councilmember Davis asked whether the foundation had a site in mind. Mr. McAndrews
responded that the university site is a preferred site.
Katy Wright, representing the Sweetwater Union High School District, stated that, based upon
the development pace in the community, the City is in dire need of constructing high schools,
and she urged the Council to support moving forward with the proposed project.
Mayor Padilla stated that the City should view the project from a service basis and the legitimate
and timely need of the school district for a designation to be made for a high school. He also
stated that the City should not limit its options and that there needs to be a comprehensive
discussion as to other policy choices and their impacts.
Councilmember McCann stated that it is imperative to get a high school site designated and
operational by the year 2006, and he stressed the need to avoid school overcrowding. He urged
all landowners to work together for the greater good to make the project happen.
Councilmember Davis expressed the need to move forward promptly to get high school #13
online.
Councilmember Salas stated that all options for a site should be studied without making any
predeterminations.
ACTION: Councilmember Davis then offered Resolution No. 2003-303, heading read, text
waived. The motion carried 4-0-1, with Deputy Mayor Rindone abstaining out of
an abundance of caution due to his employment with the school district.
16. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH THE CHULA
VISTA CHAMBER OF COMlVlERCE TO PROVIDE FINANCIAL ASSISTANCE FOR
THE CELEBRATE CHULA VISTA EVENT
Page 11 - Council Minutes 07/15/03
ACTION ITEMS (Continued)
The City is co-sponsoring the Celebrate Chula Vista event with the Chula Vista Chamber
of Commerce and the Port of San Diego. This year, the event will have a new format and
will be held on September 13. (Deputy City Manager Palmer)
Assistant City Manager Palmer explained the new plans for the event.
Councilmember Salas expressed concern that Celebrate Chula Vista is significantly more costly
than other community festivals. Assistant City Manager Palmer responded that most of the costs
cover a special concert and fireworks as the main features of the event. Councilmember Salas
stated that she would like to see the Chamber of Commerce raise more money to support the
event in the future.
Lisa Cohen, Executive Director of the Chamber of Commerce, asked for Council's support of the
item. She added that the event is scheduled for September 13, 2003, at Marina View Park, with a
Cabaret on the Bay theme. She also talked about the various programs, parking, shuttles, and
security for the event.
Deputy Mayor Rindone suggested that additional parking for the event be made available at the
Community Health Group facility.
ACTION: Councilmember McCann offered Resolution No. 2003-304, heading read, text
waived:
RESOLUTION NO. 2003-304, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE
CHULA VISTA CHAMBER OF COMMERCE FOR $73,500 IN FINANCIAL
ASSISTANCE FOR CELEBRATE CHULA VISTA AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The motion carried 5-0.
17. CHULA VISTA RECREATION STRATEGIC PLAN FOR FISCAL YEAR 2003/04 -
FISCAL YEAR 2007/2008
In October 2002, the Recreation Department undertook the development of a long-range
strategic plan. The plan, which is now completed, provides a blueprint for services to be
provided by the department over the next five fiscal years. (Director of Recreation)
Recreation Director Martin presented the five-year strategic plan for the Recreation Depashnent.
ACTION: Mayor Padilla moved to accept the report. Councilmember Davis seconded the
motion, and it carried 5-0.
Page 12 ~ Council Minutes 07/15/03
OTHER BUSINESS
18. CITY MANAGER'S REPORTS
There were none.
19. MAYOR'S REPORTS
· Ratification of appointment of a Council task force, consisting of Deputy Mayor
Rindone and Councilmember Salas, to work on the reconfiguration of the
University Task Force.
ACTION: Mayor Padilla moved to appoint Deputy Mayor Rindone and Councilmember
Salas to a task force to workon the reconfiguration of the University Task Force.
Councilmember Davis seconded the motion, and it carried 5-0.
20. COUNCIL COMMENTS
Councilmember Davis invited the Council to attend an upcoming conference to discuss regional
perspectives on workforce housing. The conference is scheduledfor September 19tn, 2003, from
8:00 a.m. to 2:00 p.m., at the University of San Diego.
CLOSED SESSION
Closed session was cancelled, and the following items were not discussed:
21. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
~ertaining to public rights-of-way throughout the City of Chula
Vista
City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
22. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
23. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
· One case
24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· City of Chula Vista v. Barnhart
ADJOURNMENT
At 8:34 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of July 22, 2003, at
6:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, City Cl~rk
Page 13 - Council Minutes 07/15/03