HomeMy WebLinkAboutcc min 2003/08/19
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 19,2003
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:06
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, and Mayor Padilla
ABSENT: Councilmembers:
Salas (excused)
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 DR.
EMERALD RANDOLPH, DIRECTOR OF THE CITIZENS ADVERSITY SUPPORT
TEAM (CAST), COMMENDING THEM UPON TEN YEARS OF DEDICATED
SERVICE
Mayor Padilla read the proclamation, and Deputy Mayor Rindone presented it to Dr. Randolph.
Dr. Randolph stated that there are currently 250 volunteers in the CAST program, and she
thanked them for their dedicated service. The Council then presented Dr. Randolph with a
Leadership A ward and bouquet of roses.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MARY 10
BUETTNER AND HEATHER NEMOUR, REPRESENTING THE CHULA VISTA
COORDINATING COUNCIL, PROCLAIMING WEDNESDAY, AUGUST 12,2003
AS CHULA VISTA COORDINATING COUNCIL DAY
The presentation was deferred to a future date.
. INTRODUCTION BY LOURDES SEVILLA, CHAIRPERSON OF THE
INTERNATIONAL FRIENDSHIP COMMISSION, OF STUDENTS FROM THE
CHULA VISTAlODAWARA INTERNATIONAL EXCHANGE STUDENT
PROGRAM
Lourdes Sevilla, chair of the International Friendship Commission, introduced the Chula Vista
and Odawara exchange students. Each student spoke about his or her experiences in Chula Vista
and in Odawara.
SPECIAL ORDERS OF THE DAY (Continued)
· PRESENTATION BY THE DOWNTOWN BUSINESS ASSOCIATION OF THE
RESULTS OF ITS ON-SITE AND OFF-SITE SURVEYS OF DOWNTOWN
SHOPPER PREFERENCES
Jack Blakely, representing the Downtown Business Association, presented the results of the on-
site and off-site surveys conducted for the association. The surveys indicated who is visiting the
downtown area; how often and why they visit; the benefits or strengths of downtown; and
obstacles to visiting more frequently.
CONSENT CALENDAR
(Items I through 22)
With reference to Item 10, Deputy Mayor Rindone remarked that the interests of both public
agencies should be vested in joint use agreements in the future.
Deputy Mayor Rindone pulled Item 12 from the Consent Calendar for discussion.
I. APPROVAL OF MINUTES of a Special Meeting of July 8, Regular Meetings of July 8
and July 15, a Special Meeting of July 22, and the Regular Meeting of July 22, 2003.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Peter Morlon, member of the Design Review Committee.
Staff recommendation: Council accept the resignation with regret and direct the City
Clerk to post the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2003-330, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING DONATION IN THE AMOUNT OF $245.54,
AND APPROPRIATING $245.54 TO THE INTERNATIONAL FRIENDSHIP
COMMISION BUDGET BASED ON UNANTICIPATED DONA TED REVENUE
The International Friendship Commission has received a donation in the amount of
$245.54 from an anonymous donor for Commission program expenses. (Fire Chief)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2003-331, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING UNANTICIPATED GRANT FUNDS AND
AMENDING THE FISCAL YEAR 2004 BUDGET TO APPROPRIATE SAID FUNDS
As part of the Fiscal Year 2002 and Fiscal Year 2003 Office of Justice Programs (OJP)
State Domestic Preparedness Program, local fire departments are scheduled to receive
grant funding via the County of San Diego, Office of Emergency Services. Per grant
stipulations, these funds will be used to purchase specified first responder personal
protective equipment for the Fire Department, Police Department and Public Works
Operations. (Fire Chief)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes
08/19/03
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2003-332, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY
CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER
13 AND 14, 2003, FOR THE ORANGE CRATE DERBY
Adoption of the resolution approves the temporary closure of Rancho Del Rey Parkway
on September 13 and 14, 2003, to conduct the 24th annual orange crate derby. (Police
Chief)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2003-333, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING REQUEST FROM BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CONDUCT BONITAFEST AND
BONITAFEST
Adoption of the resolution approves the temporary closure of Bonita Road to conduct the
31~ annual Bonitafest parade on Saturday, September 27, 2003. (Police Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2003-334, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING REQUEST FROM ~ CHULA VISTA
HIGH SCHOOL BAND AND PAGENTRY CORP AND THE CHULA VISTA
SCHOOL FOR THE CREATIVE AND PERFORMING ARTS TO CONDUCT THE
7TH ANNUAL BAND REVIEW AND AUTHORIZING TEMPORARY STREET
CLOSURES AND WAIVING CITY FEES FOR POLICE SERVICES
Adoption of the resolution approves the band review, authorizes temporary street
closures, and waives Cty fees for police services. (Police Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2003-335, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $4,152 FROM VARIOUS CONTRIBUTORS
AND AMENDING THE FISCAL YEAR 2004 POLICE DEPARTMENT BUDGET BY
APPROPRIATING $4,152 BASED ON UNANTICIPATED DONATION REVENUES
The City received $4,152 in grant donations for specific animal care facility, law
enforcement equipment and Explorer Post operations. (Police Chief)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2003-336, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS REQUESTED BY
OTAY PROJECT, L.P. ASSOCIATED WITH FACILITIES CONSTRUCTED ON
OLYMPIC PARKWAY BETWEEN PASEO RANCHERO AND LA MEDIA ROAD
AND AT THE INTERSECTION OF OLYMPIC PARKWAY AND EAST PALOMAR
STREET
Page 3 - Council Minutes 08/19/03
CONSENT CALENDAR (Continued)
Otay Project, L.P. submitted a payment request for reimbursement from Community
Facilities District (CFD) No. 99-1 for the construction of Olympic Parkway, between
Pasco Ranchero and La Media Road and at the intersection of Olympic Parkway and East
Palomar Street. The majority of this payment request was for Transportation
Development Impact Fee (TDIF) -eligible facilities, which included four separate change
orders, each above $50,000. The City's directives and procedures for TDIF
reimbursement/credit denote that no single change order shall be eligible for TDIF credit
that increases the original contract amount by more than $50,000. Adoption of the
resolution approves the TDIF change orders related to Olympic Parkway, which, in turn,
will be paid from Series B bond proceeds for CFD No. 99-1. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2003-337, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE JOINT USE AGREEMENT FOR THE
WINDINGWALK STREET RIGHT-OF-WAY WITH THE SAN DIEGO COUNTY
WATER AUTHORITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AGREEMENT
The~.~an Diego County Water Authority has approved the form of the joint use agreement
with the City to allow Windingwalk Street and its associated improvements and utilities
to encroach upon its aqueduct easements. The area is located within Otay Ranch Village
11, w~here a major utility corridor bisects the village. The agreements outline each party's
responsibilities and obligations for the subject portion of Windingwalk Street and the
easement areas that are being used jointly for public right of way and the conveyance of
water. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
11 A. RESOLUTION NO. 2003-338, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-1lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-i;
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS
PUBLIC STREETS AND EASEMENTS AS GRANTED ON SAID MAP;
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2003-339, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-1lA, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-I, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
C. RESOLUTION NO. 2003-340, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-l, ESTABLISHING SPECIFIC OBLIGATIONS AND
RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE FACILITIES WITHIN
THE PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
Page 4 - Council Minutes 08/19/03
CONSENT CALENDAR (Continued)
Adoption of the resolutions approves Neighborhood R-l, a subdivision of Otay Ranch
Village 11. Neighborhood R-1 consists of 163 single-family, detached lots and 16
homeowner's association-maintained open space lots. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
13. RESOLUTION NO. 2003-342, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA FINDING THE CITY OF CHULA VISTA TO BE IN
CONFORMANCE WTrH THE CONGESTION MANAGEMENT PROGRAM (CMP)
IN ACCORDANCE WITH CALIFORNIA GOVERN/VIENT CODE SECTION 65089
The San Diego Association of Governments (SANDAG), acting as the Congestion
Management Agency for San Diego County, adopted the 2002 Congestion Management
Program (CMP) in January 2003. The adopted CMP requires that SANDAG biennially
determine that the County and cities within the County are in conformance with the CMP
requirements. The adopted CMP also requires each local agency to self-certify that they
are meeting all applicable CMP conformance requirements. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
14 A. RESOLUTION NO. 2003-343, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS
AS IMPRACTICAL AND APPROVING THE FIFTH AMENDMENT TO THE
AGREEMENT WITH MCGILL MARTIN SELF, INC., FOR PROVIDING
ADDITIONAL PROJECT MANAGEMENT AND SPECIAL TAX CONSULTANT
SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID
B. RESOLUTION NO. 2003-344, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS
AS IMPRACTICAL AND APPROVING THE SIXTH AMENDMENT TO THE
AGREEMENT WITH BEST BEST & KRIEGER, LLP, FOR PROVIDING
ADDITIONAL BOND COUNSEL SERVICES, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT
The Eastlake Company, LLC has requested the City to consider changes to the
acquisition/financing agreement for Community Facilities District (CFD) 06-I (EastLake-
Woods, Vistas, and Land Swap) in order to modify the list of eligible improvements to 1)
reflect the updated cost of such facilities from recent construction cost audits, and 2) add
new facilities eligible for financing by CFD 06-1 bond proceeds. McMillin Land
Development has requested an amendment to the acquisition/financing agreement to
include traffic enhancement projects and public facilities in the approved list of facilities
in McMillin Otay Ranch Village 6 (CFD No. 2001-2). Otay Ranch Village 6 (CFD No.
08-1) has requested an amended rate and method of apportionment and a change and
modification of proceedings to increase the amount of bond proceeds that may be
serviced from the special tax in order to purchase additional facilities. Adoption of the
proposed resolutions waives the consultant selection process and approves the fifth
amendment to the agreement with McGill Martin Self, Inc. and the sixth amendment to
the agreement with Best Best & Krieger, LLP, to provide additional consultant services
required to analyze and process the proposed amendments to CFD No. 061, CFD No.
2001-2 and CFD No. 08-I. (Director of Engineering)
Staff recommendation: Council adopt the resolutions.
Page 5 - Council Minutes 08/19/03
CONSENT CALENDAR (Continued)
15 A. RESOLUTION NO. 2003-345, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL "B" MAPS OF CHULA VISTA
TRACT NO. 98-06B, OTAY RANCH, VILLAGE ONE WEST SOUTH,
NEIGHBORHOODS R-59C, AND R-60, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY
AND ACCESS EASEMENTS AND WALL EASEMENTS, GRANTED ON SAID
MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
B. RESOLUTION NO. 2003-346, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH, VILLAGE
ONE WEST SOUTH, NEIGHBORHOODS R-59C AND R-60, PORTION OF
VILLAGE ONE WEST SOUTH, OTAY RANCH SPA ONE; REQUIRING
DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTION NO. 2002-533, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
On December 17, 2002 the Council approved a tentative subdivision map for Chula Vista
Tract 98-06B, Otay Ranch, SPA One, Village One West South. Adoption of the
proposed resolutions approves two final "B" maps within Village One West South and
one "B" map supplemental subdivision improvement agreement that pertains to both
maps. (Director of Engineer'mg)
Staff recommendation: Council adopt the resolutions.
16 A. RESOLUTION NO. 2003-347, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE RELEASE OF PARCEL MAP
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-14, VILLAGE
CENTER NORTH, AND AUTHORIZING THE MAYOR 'lO EXECUTE SAID
AGREEMENT
B. RESOLUTION NO. 2003-348, OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE RESTATED PARCEL MAP IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY
SAID AGREEMENT FOR CHULA VISTA TRACT NO. 01-14, VILLAGE CENTER
NORTH, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION NO. 2003-349, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE RELEASE OF VILLAGE CENTER
NORTH IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-14,
VILLAGE CENTER NORTH, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
Page 6 - Council Minutes 08/19/03
CONSENT CALENDAR (Continued)
D. RESOLUTION NO. 2003-350, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE RESTATED VILLAGE CENTER
NORTH IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-14
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
E. RESOLUTION NO. 2003-351, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REVISED SUPPLEMENTAL PARCEL
MAP IMPROVEMENT AGREEMENT FOR EASTLAKE VILLAGE CENTER
NORTH, CHULA VISTA TRACT NO. 01-14 REQUIRING EASTLAKE COMPANY
LLC TO COMPLY W1TH CERTAIN UNFULFILLED CONDITIONS, AND
AUTHORIZING ~ MAYOR TO EXF, CUTE SAID AGREEMENT
F. RESOLUTION NO. 2003-352, RESOLUTION OF TI-IE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REVISED SUPPLEMENTAL PARCEL
MAP IMPROVEMENT AGREEMENT FOR EASTLAKE VILLAGE
MARKETPLACE, CHULA VISTA TRACT NO. 01-14, REQUIRING EASTLAKE
VILLAGE MARKETPLACE, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, TARGET CORPORATION, A MINNESOTA CORPORATION, LOWE'S
HIW, INC., A WASHINGTON CORPORATION, AND EASTLAKE PETROLEUM, A
CALIFORNIA CORPORATION, TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On July 30, 2002, the Director of Planning and Building and the Director of Engineering
approved a conditional tentative parcel map waiver for the Village Center North project.
The Council approved the parcel map for Village Center North and the original
associated agreements on August 6, 2002. At the request of the developer, the
agreements have been revised to either alter the land they were recorded against or to
split their respective obligations between the original developer of the site and subsequent
owners. Adoption of the proposed resolutions approves the revised agreements.
(Director of Engineering)
Staff recommendation: Council adopt the resolutions.
17 A. RESOLUTION NO. 2003-353, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE "A"
MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT
B. RESOLUTION NO. 2003-354, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-1lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-4,
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT, AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
Page 7 - Council Minutes 08/19/03
CONSENT CALENDAR (Continued)
C. RESOLUTION NO. 2003-355, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-1lA, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-4 AND AUTHORIZING THE MAYOR
TO EXECWI~ SAID AGREEMENT
D. RESOLUTION NO. 2003-356, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-4, ESTABLISHING SPECIFIC OBLIGATIONS AND
RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE FACILITIES WITHIN
THE PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
E. RESOLUTION NO. 2003-357, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-1lA, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-2,
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
F. RESOLUTION NO. 2003-358, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDMSION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-1lA, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-2 AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
G. RESOLUTION NO. 2003-359, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-2, ESTABLISHING SPECIFIC OBLIGATIONS AND
RESPONSIBILITIES FOR MAIhYYENANCE OF PRIVATE FACILITIES WITHIN
THE PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
H. RESOLUTION NO. 2003-360, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-7,
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
I. RESOLUTION NO. 2003-361, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOOD R-7 AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
J. RESOLUTION NO. 2003-362, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR OTAY RANCH VILLAGE 11,
NEIGHBORHOOD R-7, ESTABLISHING SPECIFIC OBLIGATIONS AND
RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE FACILITIES WITHIN
THE PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
Page 8 - Council Minutes 08/19/03
CONSENT CALENDAR (Continued)
Adoption of the resolutions approves the first amendment to the "A" Map supplemental
subdivision improvement agreement, the Final Map for Otay Ranch Village 11,
Neighborhoods R-4, R-2 and R-7, and agreements after a change of ownership
subsequent to Council approval and prior to recordation of the map and agreements.
(Director of Engineering)
Staff recommendation: Council adopt the resolutions.
18 A. RESOLUTION NO. 2003-363, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN ESGIL
CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING
PLAN REVIEW SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
B. RESOLUTION NO. 2003-364, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN JAS
PACIFIC, INC. AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING
INSPECTION AND CODE ENFORCEMENT SERVICES AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Due to the continued high level of construction activity, the increase in commercial and
industrial construction, and the expanded involvement of Code Enforcement in
revitalization projects, staff prepared a request for proposals for plan check, inspection
and code enforcement services. A selection committee interviewed the top five
consultants and has recommended that the City contract with Esgil Co~poration and JAS
Pacific, Inc. (Director of Planning and Building)
Staff recommendation: Council adopt the resolutions.
19. RESOLUTION NO. 2003-365, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM
MADRONA STREET TO G STREET FROM 4:30 P.M. - 10:00 P.M., AND PARK
WAY FROM THIRD AVENUE TO THE ALLEY IMMEDIATELY WEST OF THIRD
AVENUE, FROM 1:00 P.M. -O 10:30 P.M. ON FRIDAY, SEPTEMBER 5, 2003, FOR
THE DEDICATION OF THE DOWNTOWN MONUMENT SIGN
For three years, the Downtown Business Association and City staff have been working on
the downtown monument sign. After design and community review, the City Council/
Redevelopment Agency supported the project and appropriated funds for its construction.
Now that the sign has been erected, a dedication ceremony is planned. Adoption of the
resolution provides for the street closures in order to hold the dedication ceremony.
(Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 9 - Council Minutes 08/19/03
CONSENT CALENDAR (Continued)
20. RESOLUTION NO. 2003-366, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING FISCAL YEAR 2002/2003 BUDGET IN
ACCORDANCE WITH THE BUDGET TRANSFER POLICY
The Council policy on financial reporting and transfer authority requires that all
departments complete the fiscal year with a positive balance in each budget summary.
All recommended transfers could be accomplished within the existing total general fund
appropriations. (Director of Finance)
Staff recommendation: Council adopt the resolution.
21. RESOLUTION NO. 2003-367, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $80,000 FROM THE AVAILABLE
FUND BALANCE OF THE GENERAL FUND FOR PURPOSES OF FUNDING
ELECTRICITY & GAS FRANCHISE CONSULTANTS ($60,000) AND CHULA
VISTA MUNICIPAL GOLF COURSE LEASE ENFORCEMENT CONSULTANT
($2~0,000)
Staff has identified two different consultants to assist with: the gas and electricity
franchise negotiations and the enforcement of the Chula Vista Municipal Golf Course
leas6. Given the importance and value of the projects, staff has sought outside expert
consulting services. The costs of the consultant services and proposed expenditure
require that Council appropriate funds from the available general fund balance. (Director
of Conservation & Environmental Services))
Staff recommendation: Council adopt the resolution.
22. RESOLUTION NO. 2003-368, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE RETENTION AGREEMENT WITH
PEGGY J. MCCARBERG, ESQ. FOR LEGAL SERVICES TO BE PERFORMED
UNDER THE SUPERVISION OF THE CITY ATFORNEY FOR FISCAL YEAR
2003/2004
As in the previous nine years, the City continues to need to provide funding for part-time
contract attorney Peggy J. McCarberg to assist with the myriad of land use issues facing
the City. It is now necessary to authorize an amendment of the retention agreement for
fiscal year 2003/2004. (City Attorney)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent
Calendar Items 1 through 11 and 13 through 22, headings read, texts waived. The
motion carried 4-0.
Page 10 - Council Minutes 08/19/03
ITEMS PULLED FROM THE CONSENT CALENDAR
12. RESOLUTION NO. 2003-341, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BID PROCESS TO PURCHASE
EQUIPMENT, AWARDING A CONTRACT FOR $273,236 TO SYNCHRONEX
CORPORATION FOR THE PURCHASE OF UNINTERRUPTIBLE POWER SUPPLY
EQUIPMENT, AND APPROPRIATING ADDITIONAL $60,000 FROM THE
TRAFFIC SIGNAL FUND FOR THE PURCHASE OF UNINTERRUFI~BLE POWER
SUPPLY SYSTEMS (UPS) FOR TRAFFIC SIGNALS (PROJECT TF-293
Over the past two years, Engineering staff has been evaluating uninterruptible power
supply (UPS) systems of several manufacturers in order to determine the systems that
best suit the requirements of the City, while ensuring optimum traffic signal performance.
Staff conducted several tests to analyze the abilities of each system and determined that
the Clary Corporation UPS system, which is distributed through Synchronex Corporation,
offered the highest level of battery backup capabilities. Staff recommends installing the
Clary Corporation UPS system at 43 existing traffic signals in the City as a part of CIP
Project TF-293, "Purchase of Uninterruptible Power Supply Systems (UPS) for Traffic
Signals". (Director of Engineering)
Deputy Mayor Rindone observed that all designations for the UPS systems are along the
east/west mutes of the City and suggested that Fourth Avenue be included to provide a
north/south route. Director of Engineering Swanson responded that all 106 intersections were
assessed for safety, and streets like Fourth Avenue do not have the volumes and high speeds
identified on other routes. Mayor Padilla asked whether there was a potential need to install the
UPS systems on the north/south thoroughfares. Director of Engineering Swanson replied that
perhaps future intersection projects could include additional systems, providing that there is
funding available. Deputy Mayor Rindone directed staff to review possible funding from next
year's capital improvement budget to provide uninterruptible power supply equipment on
north/south routes.
ACTION: Deputy Mayor Rindone then offered Resolution No. 2003-341, heading read, text
waived. The motion carried 4-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
Item No. 25 was taken out of order and discussed prior to Item Nos. 23 and 24.
23. CONSIDERATION OF AMENDING THE FISCAL YEAR 2003-04 CDBG/HOME
PROGRAM ANNUAL PLAN TO APPROPRIATE $471,090 IN CDBG PROGRAM
INCOME WITHIN THE 2003-04 SPENDING PLAN, APPROVE FINANCIAL
ASSISTANCE TO THE YMCA KINSHIP PROGRAM IN THE AMOUNT OF $44,000,
AND APPROVE A CDBG AGREEMENT FOR THE YMCA; ALLOCATE $94,218 TO
THE ADMINISTRATION/PLANNING CATEGORY FOR FIRE STATION NUMBER
5; AND ALLOCATE $332,872 TO THE COMMUNITY PROJECT CATEGORY FOR
THE CASTLE PARK BRANDING PROGRAM
Page 11 - Council Minutes 08/19/03
PUBLIC HEARINGS (Continued)
In June 2003, program income in the amount of $471,090 was transferred from the
CDBG CHIP program to the CDBG program income account. In order to budget and use
the program income funds, the 2003-04 CDBG Annual Plan must be amended to include
and appropriate the program income funds within the 2003-04 Annual Plan spending
plan. (Community Development Director)
Notice of the hearing was given in accordance with legal requirements, and the heating was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Deputy Mayor Rindone asked about the funding allocation to the Castle Park branding program,
stating that usually a program is designed prior to making a determination of its funding
requirements. Community Development Director Madigan responded that although funding
would be set aside, staff would be working with neighborhood residents to identify their
revitalization needs.
Councilmember McCann asked whether the allocated funding would also be used to publicize
the fact that residents can utilize available funding for curb, gutter and sidewalk improvements.
Community Development Director Madigan responded affirmatively.
There being no members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION: Councilmember McCann offered Resolution No. 2003-369, heading mad, text
waived:
RESOLUTION NO. 2003-369, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003-04
CDBG/HOME ANNUAL PLAN TO APPROPRIATE $471,090 IN CDBG
PROGRAM INCOME TO THE 2003-04 CDBG SPENDING PLAN;
ALLOCATE $44,000 TO THE PUBLIC SERVICES CATEGORY FOR
FUNDING THE YMCA KINSHIP PROGRAM, APPROVING THE YMCA
CDBG AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; ALLOCATE $94,218 TO THE
ADMINISTRATION/PLANNING CATEGORY FOR FIRE STATION
NUMBER 5; AND ALLOCATE $332,872 TO THE COMMUNITY PROJECT
CATEGORY FOR THE CASTLE PARK BRANDING PROGRAM
The motion carried 4-0.
24. CONSIDERATION OF CONFIRMING THE ENGINEER'S REPORT ON THE COST
OF CONSTRUCTION AND SPREAD OF ASSESSMENTS AND ADOPTING A
NOTICE OF LIEN TO LEVY AND COLLECT ASSESSMENTS FOR ASSESSMENT
DISTRICT 2001-3 (D STREET)
Page 12 - Council Minutes 08/19/03
PUBLIC HEARINGS (Cominued)
On June 18, 2002, the Council adopted Resolution No. 2002-208, awarding a contract for
$15,870 to Portillo Construction for sidewalk improvements on D Street, between Third
and Landis Avenues. The work is now complete, and improvements have been accepted
by the City Manager. On July 15, 2003, the Cotmcil adopted Resolution No. 2003-297 to
accept the filing of the Engineer's Report on the cost of construction and to set the public
hearing on the assessments. Resolution 2003-298 was also adopted to approve the
deferral of the payment of assessments and to establish the rate of interest payable on the
unpaid balance of such assessmems and financing period. (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 dosed the hearing.
ACTION: Councilmember McCann offered Resolutions No. 2003-370 and No. 2003-371,
headings read, texts waived:
RESOLUTION NO. 2003-370, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CONFIRMING THE ENGINEER'S REPORT
ON THE COST OF CONSTRUCTION OF CERTAIN PUBLIC
IMPROVEMENTS IN ASSESSMENT DISTRICT 2001-3 (D STREET)
RESOLUTION NO. 2003-371, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING THE COSTS OF
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON
PROPERTIES WITHIN ASSESSMENT DISTRICT 2001-3 (D STREET) AND
ORDERING THE RECORDATION OF A NOTICE OF LIEN
The motion carded 4-0.
25. CONSIDERATION OF CONDITIONAL USE PERMIT PCC-02-13 AND AN APPEAL
OF THE PLANNING COMMISSION'S ACTION TO APPROVE THE CONVERSION
OF AN EXISTING ACCESSORY BUILDING INTO AN ACCESSORY SECOND
DWELLING UNIT LIMITED IN SIZE TO 700 SQUARE FEET AT 736 CHURCH
AVENUE
The Planning Commission twice heard this request to add on to an existing garage/
workshop and convert it into a 906 square-foot accessory second dwelling. After first
denying the request, the Commission reconsidered and approved it with a stipulation
limiting the unit to 700 square feet to insure compatibility with the surrounding single-
family neighborhood. The applicant has appealed the Commission's decision, requesting
the 906 square-foot unit. (Acting Director of Planning & Building)
Page 13 - Council Minutes 08/19/03
PUBLIC HEARINGS (Continued)
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.
Pandra Boyle, representing the neighborhood, spoke in opposition to the applicant's original
conditional use permit and current appeal, stating that the neighbors have signed two petitions
that were submitted to the Planning Department. She explained that this is the ninth time
neighborhood residents have attended a scheduled meeting that has been postponed due to the
applicant's absence. The issue began in June 2001, when the applicant began renting a permitted
workshop as a residence. The applicant has ignored the many requests by the Planning
Commission, and the citations issued by the City's Code Enforcement Division, to bring the unit
into compliance. The applicant has since filed for a conditional use permit to construct a 1,310
square-foot building at the rear of the property. Ms. Boyle stated that the neighborhood is
opposed to the proposed building, due to potential problems associated with parking, and she
added that the conditional use permit application was denied by the Planning Commission, since
the proposed size of the accessory second unit appeared to be out of scale with the neighborhood.
She asked the Council to support the Planning Commission's decision and deny the appeal.
ACTION: Mayor Padilla moved to continue the hearing to September 16, 2003.
Councilmember Davis seconded the motion, and it carried 4-0.
Councilmember McCann asked staff to provide, in time for the next hearing, a history of the
efforts made to bring the applicant into compliance and also an explanation of the process for the
benefit of the public.
26. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE EXTENDING
URGENCY ORDINANCE NO. 2924-A AND A NON-URGENCY ORDINANCE,
BOTH RELATING TO THE REGULATION OF SIGNS ON PRIVATE PROPERTY,
AND A RESOLUTION SETFING POLICY ON SIGNS ON CITY-OWNED LAND
AND PUBLIC RIGHTS-OF-WAY
The proposal is for the Council to adopt a permanent ordinance in place of the urgency
ordinance adopted on July 8, 2003, regulating signs on private property throughout the
City, consistent with current legal standards for such regulations. In addition, it is
proposed that the Council adopt a new policy to regulate the placement of signs on public
property and in public rights-of-way within Chula Vista. (Acting Director of Planning &
Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Principal Planner Schmitz presented the proposed sign regulations.
Page 14 - Council Minutes 08/19/03
PUBLIC HEARINGS (Continued)
There being no members of the public wishing to speak, Mayor Padilla then closed the hearing.
ACTION: Deputy Mayor Rindone offered Urgency Ordinance No. 2924-B, heading read,
text waived:
URGENCY ORDINANCE NO. 2924-B, URGENCY ORDINANCE OF THE
CITY OF CHULA VISTA EXTENDING URGENCY ORDINANCE NO. 2924-
A, WHICH AMENDED CHAPTER 19.60 AND VARIOUS OTHER SECTIONS
OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE
REGULATION OF SIGNS ON PRIVATE PROPERTY WITHIN THE CITY OF
CHULA VISTA
The motion carried 4-0.
ACTION: Deputy Mayor Rindone then offered Ordinance No. 2927 for first reading and
Resolution No. 2003-372 for adoption, headings read, texts waived:
ORDINANCE NO. 2927, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 19.60 AND VARIOUS OTHER SECTIONS OF THE
CHULA VISTA MUNICIPAL CODE REGULATING SIGNS ON PRIVATE
PROPERTY WITHIN THE CITY OF CHULA VISTA '~ ?'
RESOLUTION NO. 2003-372, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL POLICY
REGULATING SIGNS ON CITY-OWNED OR CONTROLLED LAND
WITHIN THE CITY OF CHULA VISTA
The motion carried 4-0.
27. CONSIDERATION OF GROWTH MANAGEMENT FIRE/EMS RESPONSE TIME
THRESHOLD
On June 12, 2003, the Growth Management Oversight Commission (GMOC) presented
its 2002 annual report to the City Council. The report noted that the response time for
Fire/EMS was below the threshold standard. The growth management policy document
stipulates that the Council shall hold a public hear'rog within 60 days of the GMOC
annual report to consider what actions should be taken to address the response time
shortfall. Staff has recommended that the Council take no action at this time, bemuse:
a) the Council has already approved measures per the accepted 2002 GMOC annual
report and has directed the City Manager to undertake the actions necessary to
implement those recommendations;
b) Fire Station 7, which serves the affected area, will be operational in September
2003;
Page 15 - Council Minutes 08/19/03
PUBLIC HEARINGS (Continued)
c) the Council acted on July 22, 2003 to add an additional 9 positions to accelerate
the in-service date for the second ladder truck to be located at Fire Station 7. The
second ladder truck and staffing have been added one year earlier than originally
planned. Thus, Fire Station 7 will be staffed with one fire engine company and
ladder truck company; and
d) the Fire Department Master Plan will be updated this year and will provide
direction as to possible further action.
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 heating.
Senior Planner Forster gave an overview of the GMOC thresholds.
Fire Chief Perry stated that with the implementation of Fire Station No. 7 in September 2003, the
response ti~eshold would be met.
There being no members of the public wishing to speak, Mayor Padilla closed the public hearing.
Mayor Padilla asked what geographic area in the City has the highest service call volume. Fire
Chief Perry replied that approximately 67 percent of calls are for Station Five on Fourth and
Oxford and Station One on F Street. Mayor Padilla asked about additional factors considered by
the GMOC and departments in evaluating impacts on response times. Fire Chief Perry
responded that dispatch time, turnout time, and travel time are considered. Travel time has been
improved due to the City's implementation of the Opticom systems in traffic signals. The
turnout time may require further assessment due to the implementation of additional firefighter
safety requirements by OSHA (Occupational Safety and Health Administration). Mayor Padilla
expressed the need to consider whether the threshold standards are appropriate and to discuss all
factors candidly. Fire Chief Perry explained that the department is currently updating its Fire
Station Master Plan, which will address issues over a ten-year period. The draft plan is
scheduled to be completed by March 2004, with a final plan anticipated in June 2004.
Deputy Mayor Rindone requested that the GMOC and Fire Chief examine calls for service that
exceed the response time threshold.
Councilmember McCann stated that the Council is committed to public safety and ensuring that
the needs for fire safety are met by way of increased staffing, the completion of Fire Station
Seven, additional fire equipment, and the Fire Station Master Plan.
There was no further discussion, and no action was taken on this item.
Page 16 - Council Minutes 08/19/03
ACTION ITEMS
28. CONSIDERATION OF THE CONCEPTUAL RIGHT-OF-WAY IMPROVEMENT
PLAN FOR F STREET FROM FOURTH AVENUE TO ITS TERMINUS AT THE
BAYFRONT
The plan identifies the F Street corridor, from Fourth Avenue to its terminus at the
Bayfront, as an area that has the potential for cohesive street improvements at an
undetermined time in the future. It is expected that with Council's acceptance of the
preliminary conceptual plan, it will be incorporated into other, more comprehensive
planning documents addressing the western portion of the City. (Director of General
Services)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING STAFF'S SUBMITrAL OF A PRELIMINARY CONCEPTUAL
RIGHT-OF-WAY IMPROVEMENT PLAN FOR F STREET FROM ITS
INTERSECTION WITH FOURTH AVENUE TO ITS TERMINUS AT THE
BAYFRONT AND DIRECTING STAFF TO INCORPORATE THE
PROPOSAL IN FUTURE PLANNING DOCUMENTS FOR FINAL CITY
COUNCIL CONSIDERATION
ACTION: Mayor Padilla moved to continue the item to August 26, 2003, at the request of
staff. Councilmember Davis seconded the motion, and it carried 4-0.
29. CONSIDERATION OF PROCESSING AND SITE OPTIONS FOR SWEETWATER
UNION HIGH SCHOOL DISTRICT'S HIGH SCHOOL #13 IN OTAY RANCH
The report responds to the direction of the Council on July 15, 2003, to discuss site
options related to the location of Sweetwater Union High School District's High School
#13. (Acting Director of Planning & Building)
Staff recommendation: Council hear the report regarding the alternative sites; direct that
the university site be considered as an alternative during the environmental process for
the Village 7 Sectional Planning Area plan, but that it not be the subject of a parallel
entitlement process at this time; and adopt the proposed resolution.
City Attorney Moore clarified Deputy Mayor Rindone's eligibility to participate in discussion
and voting on this matter, stating that the Fair Political Practices Commission had ruled that he
had no conflict of interest.
Special Planning Projects Manager Hare presented the background and alternatives for the High
School 13 site options.
Mayor Padilla asked the potential advantages and disadvantages of the university and Village 7
sites from a delivery time standpoint. Mr. Hare replied that the university site might be
processed and delivered more quickly, since it is City owned and could be processed in a manner
similar to the new Otay Ranch High School; but these efficiencies would only exist if the
university site were the only one processed. Since the proposal would be to process it
simultaneously with Village 7, the review of the university site would actually extend the process
timeline by adding additional tasks to the work program. Mayor Padilla asked about the
significant costs involved with dual processing and if the City would recover the costs through
the sale of the land. Mr. Hare replied that staff had not calculated the possible proceeds from
sale; in the long-term, a viable and flourishing university on the site is beneficial to the City, and
it is staff's objective to preserve that opportunity.
Page 17 - Council Minutes 08/19/03
ACTION ITEMS (Continued)
Acting Planning and Building Director Sandoval clarified that a preferred school site has not
been selected. The most appropriate site for a high school will be decided by the school district.
Deputy Mayor Rindone asked what information had been presented to the school board thus far,
since the physical siting of the school is the decision of the district. Katy Wright, representing
the district, replied that the next step for district and City staff is to look at the specific options
within Village 7, should that be the direction taken by the Council, and then to present the
options to the school board within a 60-day timeframe. She stated that, for a school to be built
by the year 2006, the Village 10 university site could be problematic, but she added that the
board would support the most expedient site.
Councilmember Davis asked if the district had an anticipated date for the second high school site
in Otay Ranch. Ms. Wright responded that, depending upon the pace of permitting, it is
anticipated in approximately 2010.
Michael McAndrews, representing the Birch Foundation, urged the Council to include Village 10
as a site for consideration for the high school, stating that 1) this option could be delivered in the
least amount of time because of single, City ownership; 2) it is the least expensive option in
terms of site work and public expenditures; 3) it requires the least improvements; and 4) the site
works for High School No. 13. Mr. McAndrews stated that no additional work has been done on
the evaluation of proposed sites since July 2003, and in order to make the best decision, it is
critical to choose from sites that have been appropriately studied.
Dave Gatzky, representing McMillin Companies, stated that the university site may be ideal for
consideration for a future Otay Ranch high school but should not be selected on an expedited
schedule for the reasons outlined in the staff presentation. He stated that since the ultimate use
and design of the university site has not been established, building a high school there could
foreclose on future design opportunities and synergies in this landmark portion of the eastern
territories. He urged the Council to plan for success and deliver a high school in 2006.
Kent Alden, representing Otay Ranch Company, encouraged the Council to keep the options
open for the betterment of the City and to look at more than the three proposed, viable options.
He suggested that the City proceed with the Village 10 site on a separate track from the Village 7
site in the event that the Village 7 project is derailed.
Bryan Felber expressed concern about eliminating the potential for a future university, and he
urged the Council to carefully consider the various options. He suggested that there be an
improved process between the City, school district, and developers for the siting of future
schools, and that smaller parcels of land be considered for building upward rather than outward.
Mr. Felber also recommended that future schools be built in the northeast areas of the City.
Cecilia Pleman, representing parents in the community, expressed concem about overcrowding
at the existing schools. She urged the Council to continue its focus on overcrowding issues,
better partnerships with the school district, and keeping children and education as the priority;
and asked that politics and profit not impede the decision-making process in terms of site
designation.
Page 18 - Council Minutes 08/19/03
ACTION ITEMS (Continued)
Kim Longo urged the Council to move forward with the dual process. She expressed concern
about multiple ownerships of other properties and believed that the university site should be
considered as part of the site selection process.
Mayor Padilla stated that them should be as many site options as possible, that parallel
processing should be considered, and that the process should not be delayed.
Councilmember Davis spoke in support of parallel processing. She expressed the need for site
alternatives and for being open to options.
Deputy Mayor Rindone stated that all parties must work to ensure that the future high school is
built in a timely manner, and all parties should be open to options.
Councilmember McCann stated that the goal is to get a high school built by 2006. He believed
that Village 7 would be a better choice, as it is more centrally located in Otay Ranch and has
faster processing ability. The removal of 50 acres from the university site for a potential school
site would detract from the City's ability to attract a local university. He also spoke in support of
parallel processing.
ACTION: Mayor Padilla offered Resolution No. 2003-373, heading read, text waived, and
as amended to include a direction to staff to engage in a parallel entitlement
processing of the university site, including General Plan and Otay Ranch General
Development Plan amendments, to have the ability to locate the school
designation, should it become necessary, in either Village 7 or Village 10:
RESOLUTION NO. 2003-373, RESOLUTION OF TIlE CITY COUNCIL OF
THE CITY OF CHULA VISTA AFFIRMING THE PROCESSING APPROACH
FOR THE OTAY RANCH GENERAL DEVELOPMENT PLAN VILLAGE 7
SECTIONAL PLANNING AREA ENTITLEMENTS, IN SUPPORT OF THE
ACQUISITION AND DEVELOPMENT OF HIGH SCHOOL #13 BY THE
SWEETWATER UNION HIGH SCHOOL DISTRICT
Deputy Mayor Rindone seconded the motion, and it carried 4-0.
OTHER BUSINESS
30. CITY MANAGER'S REPORTS
City Manager Rowlands asked the Council to cancel the meetings of September 9 and September
23, 2003, and to schedule an adjourned regular meeting on September 30, 2003.
ACTION: Councilmember Davis moved to approve the requests. Councilmember McCann
seconded the motion, and it carried 4-0.
31. MAYOR'S REPORTS
A. Ratification of appointment to the Child Care Commission - Susan Villareal.
B. Ratification of appointment to the Veterans Advisory Commission - William
Keith
Page 19 - Council Minutes 08/19/03
MAYOR'S REPORTS (Continued)
C. Ratification of appointments to the Cultural Arts Commission:
Todd Voorhees
Kerry Knowlton
Gerald Larussa
D. Ratification of appointments to the Youth Advisory Commission:
Christian Longo - Eastlake High School
Eddie Herrera - Chula Vista High School
Christina Amoroso - Chula Vista High School
Danielle Yamsuan - Otay Ranch High School
Cristobal Durazo - Otay Ranch High School
Angel Ramos - Palomar High School
Pablo Caballero - Hilltop High School
Sabrina Martinez - Hilltop High School
Isaac Rodriguez - Hilltop Middle School
Martha Kende (Ex-Officio) - Hilltop High School
Brittany Chatman (Ex-Officio) - Chula Vista High School
Eric Gonzalez (Ex-Officio) - Bonita Vista High School
ACTION: Mayor Padilla moved to ratify the abovementioned appointments.
Councilmember Davis seconded the motion, and it carried 5-0.
32. COUNCIL COMMENTS
Councilmember Davis announced that applications for Christmas in October are now being
accepted; application forms are available in the Mayor and Council Office.
Councilmember McCann commented that the recent Lemon Festival was an enjoyable event. He
added that it was a pleasure to see the new monument sign on Third Avenue and that he looked
forward to the upcoming sign dedication.
CLOSED SESSION
Closed session was cancelled and the following items were not discussed:
32.. CONFERENCE WITH REAL PROPERTY NEGOTIATORS 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
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
Page 20 - Council Minutes 08/19/03
CLOSED SESSION (Continued)
34. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Get Outdoors II, LLC v. City of Chula Vista (Case No. 03CV1506IEG)
ADJOURNMENT
At 10:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 26, 2003,
at 6:00 p.m. in the Council Chambers.
Susan Bigelow, CMC, City Clerk
Page 21 - Council Minutes 08/19/03