HomeMy WebLinkAboutcc min 1998/10/06
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, October 6, 1998 council Chambers
4:17 p.m. Public Services Building
CALL TO ORDER
l. ROLL CALL:
PRESENT: Councilmembers: Moot, Padilla (arrived at 4:20 p.m.),
Salas, and Mayor Horton.
ABSENT: Councilmember: Rindone
ALSO PRESENT: Assistant City Manager, Sid Morris; City Attorney, John
M. Kaheny; Deputy City Clerk, Charline Long
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: September 15, 1998 and September 22, 1998.
MSC (Salas/Moot) to approve the minutes as listed. Motion carried 3-0-2 (Rindone
and Padilla absent)
4. SPECIAL ORDERS OF THE DAY:
A. Proclamation was presented by Mayor Horton to David Palmer, Director
Library and Recreation, declaring the month of October 1998 as "National Arts and
Humanities Month" by the United states Conference of Mayors.
B. Resolution honoring "Arts and Humanities Month" from the State of
California, Office of Governor Pete Wilson was presented by a member of Denise
Ducheny's staff.
C. Proclamation honoring "Arts and Humanities Month" from the County of San
Diego, was presented by Holly Richardson, a member of the Board of Supervisors
Chairman Greg Cox's staff.
o. RicTodd, Cultural Arts Coordinator, presented certificates of appreciation
to the following organizations for their financial support of "Music in the Park
1998:"
Bank of America Robin Ganneron
McMillin Companies Ken Baumgartner
National Steel & Ship Building Eric Murray
Pacific Bell Scott Alevy
Pacific Bay Homes Liz Jackson
Pacific Waste Service Charles Moore
San Diego Unified Port District Representative
Sharp Chula Vista Medical Center Mary C. Campo
The Star News Joe Guerin
Universal Amphitheater Jon Martin
Viejas Casino & Turf Club Steve Carizosa
Minutes
October 6, 1998
Page 2
Mayor Horton acknowledged and thanked the following companies, that could not
attend, for their support:
SF Goodrich Aerospace EastLake Company
El Torito Restaurant San Diego Black Film Festival
San Diego Gas & Electric Wells Fargo Company
CONSENT CALENDAR
(Item pulled: 17)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read, texts
waived, passed and approved 4-0-1, Rindone absent, except for Items No. 12, 13,
and 15 with Councilmember Moot abstaining, and Item No. 17 which was pulled.
5. WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that Council did not meet in Closed
Session on September 22, 1998. Per staff's recommendation the letter was
received and filed.
B. Letter of resignation from the Design Review Committee - John C. Rodriguez.
The resignation was accepted with regret, and the City Clerk was directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public
Library.
6. ORDINANCE 2749 AMENDING SECTION 2.46 TO CHAPTER 2 OF THE MUNICIPAL CODE
RELATING TO THE RESTRUCTURE OF THE YOUTH COMMISSION (second readino and adoDtionl
Council established the Youth Commission in late 1970 as a means for providing
input and recommendations to the City Council, City Manager, and other members
of City government in all matters affecting the youth of our community. During
the past several years, the Commission has experienced a decline in the lack of
commitment and interest on the part of the Commissioners. Staff has evaluated the
Commission's issues and believes changing the current structure could resolve not
only the existing problems, but re-energize an individual's interest, commitment,
and overall productivity in serving with the Youth Commission. An ordinance is
required to allow for a one year trial program aimed at restructuring portions
of the Youth Commission to bring it into conformance with its original purpose
and intent. Per staff's recommendation, the ordinance was placed on second
reading and was adopted 4-0-1 (Rindone absent) (Chief of Police)
7. ORDINANCE 2750 ADDING SECTIONS 9.09.030 THROUGH 9.09.080 TO CHAPTER 9.09
OF THE MUNICIPAL CODE RELATING TO DAYTIME TRUANCY BY JUVENILES ON SCHOOL DAYS
(second readina and adoDtion\ The Chula Vista Police Department's Juvenile
Division has historically conducted periodic truancy sweeps in which juveniles
are returned to their respective schools. These sporadic sweeps, although
effective, do not provide the consistency necessary to address the long term
problem. Adding an effective daytime loitering ordinance to the Municipal Code
will enhance the ability of officers to deal with truancy issues. Such an
ordinance will expand the working partnership between law enforcement and the
school districts in an effort to address the problem of juvenile truancy and its
impact on the community. Per staff's recommendation, the ordinance was placed on
second reading and was adopted 4-0-1 (Rindone absent) (Chief of Police)
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October 6, 1998
Page 3
8. ORDINANCE 2751 AMENDING CHAPTER 9.28 OF THE MUNICIPAL CODE (CURFEW
ORDINANCE) (second readina and adoDtioD) - The wording in the current City of
Chula Vista curfew Ordinance is currently overboard. The City of San Diego
recently had its curfew ordinance challenged and the court found the ordinance
to be unconstitutional. Chula Vista's ordinance is similar to the wording in San
Diego's ordinance and San Diego has since amended its ordinance. Per staff's
recommendation, the ordinance was placed on second reading and adopted 4-0-1
(Rindone absent) (Chief of Police)
9. ORDINANCE 2752 ESTABLISHING A 25 MPH SPEED LIMIT ON EASTLAKE DRIVE
BETWEEN HILLSIDE DRIVE AND LAKESHORE DRIVE AND ADDING THIS ROADWAY SEGMENT TO
SCHEDULE X AS MAINTAINED BY THE CITY ENGINEER (second readinq and adootionl _
Based on the provisions of the California Vehicle Code Section 40803, and
pursuant to authority under the Municipal Code Section 10.48.020, the City
Engineer has determined that in the interest of minimizing traffic congestion,
and for the promotion of public safety, the speed limit on EastLake Drive between
Hillside Drive and Lakeshore Drive be established at 25 mph. Per staff's
recommendation, the ordinance was placed on second reading and adopted 4-0-1
(Rindone absent) (Director of Public Works)
10. ORDINANCE 2753 ESTABLISHING A 35 MPH SPEED LIMIT ON CLUBHOUSE DRIVE
BETWEEN EASTLAKE PARKWAY AND HUNTE PARKWAY AND ADDING THIS ROADWAY SEGMENT TO
SCHEDULE X AS MAINTAINED BY THE CITY ENGINEER (second readinq and adootionl -
Based on the provisions of the California Vehicle Code Section 40803, and
pursuant to authority under the Municipal Code Section 10.48.020, the City
Engineer has determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, the speed limit on
Clubhouse Drive between EastLake Parkway and Hunte Parkway be established at 35
mph. Per staff's recommendation, the ordinance was placed on second reading and
adopted 4-0-1 (Rindone absent) (Director of Public Works)
11. ORDINANCE 2754 ESTABLISHING A 45 MPH SPEED LIMIT ON HUNTE PARKWAY BETWEEN
OTAY LAKES ROAD AND SOUTH GREENSVIEWDRIVE AND ADDING THIS ROADWAY SEGMENT TO
SCHEDULE X AS MAINTAINED BY THE CITY ENGINEER (second readinq and adootionl -
Based on the provisions of the California Vehicle Code Section 40803, and
pursuant to authority under the Municipal Code Section 10.48.020, the City
Engineer has determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, the speed limit on
Hunte Parkway between Otay Lakes Road and South Greensview Drive be established
at 45 mph. Per staff's recommendation, the ordinance was placed on second
reading and adopted 4-0-1 (Rindone absent) (Director of Public Works)
12A. RESOLUTION 19190 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 97-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) DECLARING THE RESULTS OF A SPECIAL
ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT - On September 15, 1998, Council
held the public hearing for the formation of Community Facilities District Number
97-1. This district will fund the perpetual operation and maintenance of open
space slopes, drainage channels, detention basins, medians and parkways of Otay
Ranch SPA 1, Villages 1 and 5. Council action will certify the results of a
special election where the qualified electors of the District were asked whether
the levy of this special tax should be authorized and direct staff to begin the
process of determining the collectible amount for Fiscal Year 1998/1999 and
Fiscal Year 1999/2000. Per staff's recommendation, the resolution was approved
3-0-1-1 (Rindone absent and Moot abstained) (Director of Public Works)
B. ORDINANCE 2755 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 97-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH - SPA ONE, VILLAGES 1 & 5]), AUTHORIZING THE LEVY OF A SPECIAL TAX
IN SUCH COMMUNITY FACILITIES DISTRICT ( first readinql Per staff's
-~-. - - ---~---.~~---_.-
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October 6, 1998
Page 4
recommendation, the ordinance was placed on first reading 3-0-1-1 (Rindone absent
and Moot abstained) (Director of Public Works)
13A. RESOLUTION 19191 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 97-2 (PRESERVE MAINTENANCE DISTRICT)
DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT
On September 15, 1998, Council held the public hearing for the formation of
Community Facilities District Number 97-2. This district will fund the perpetual
operation and maintenance of Otay Ranch Preserve. Council action will certify
the results of a special election where the qualified electors of the District
were asked whether the levy of this special tax should be authorized and direct
staff to begin the process of determining the collectible amount for Fiscal Year
1998/1999 and Fiscal Year 1999/2000. Per staff's recommendation, the resolution
was approved 3-0-1-1 (Rindone absent and Moot abstained) (Director of Public
Works)
B. ORDINANCE 2756 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 97-2 (PRESERVE MAINTENANCE DISTRICT),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
(first readina}. Per staff's recommendation, the ordinance was placed on first
reading 3-0-1-1 (Rindone absent and Moot abstained)
14A. RESOLUTION 19192 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 98-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6 7 & PLANNING AREA
12]) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES
DISTRICT - On September 15, 1998, Council held the public hearing for the
formation of Community Facilities District Number 98-1. This district will fund
the perpetual operation and maintenance of the Otay Ranch Preserve. Council
action will certify the results of a special election where the qualified
electors of the District were asked whether the levy of this special tax should
be authorized and direct staff to begin the process of determining the
collectible amount for Fiscal Year 1998/1999 and Fiscal Year 1999/2000. Per
staff's recommendation, the resolution was approved 4-0-1 (Rindone absent)
(Director of Public Works)
B. ORDINANCE 2757 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 98-1 (OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2, 2 WEST, 6, 7 & PLANNING AREA
12]), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
(first readina} . Per staff's recommendation, ordinance was placed on first
reading 4-0-1 (Rindone absent)
15A. RESOLUTION 19193 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 98-2 (OPEN SPACE MAINTENANCE DISTRICT
[MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6 & 7]) DECLARING THE
RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT - On
September 15, 1998, Council held the public hearing for the formation of
Community Facilities District Number 98-2. This district will fund the perpetual
operation and maintenance of the Otay Ranch Preserve. Council action will
certify the results of a special election where the qualified electors of the
District were asked whether the levy of this special tax should be authorized and
direct staff to begin the process of determining the collectible amount for
Fiscal Year 1998/1999 and Fiscal Year 1999/2000. Per staff's recommendation, the
resolution was approved 3-0-1-1 (Rindone absent and Moot abstained) (Director
of Public Works)
B. ORDINANCE 2758 COUNCIL, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NUMBER 98-2 (OPEN SPACE MAINTENANCE DISTRICT
[MCMILLIN - D.A. AMERICA, OTAY RANCH - SPA TWO, VILLAGES 6 & 7]), AUTHORIZING THE
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October 6, 1998
Page 5
LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (first readinQ). Per
staff's reconunendation, the ordinance was placed on first reading 3-0-1-1
(Rindone absent and Moot abstained)
16. RESOLUTION 19194 AUTHORIZING FIELDSTONE COMMUNITIES TO CONSTRUCT AND
RECEIVE REIMBURSEMENT FOR REACHES 201 THROUGH 207 AND CREDIT FOR REACHES 208
THROUGH 213 AGAINST DEVELOPMENT IMPACT FEES FOR CONSTRUCTION OF THE POGGI CANYON
SEWER LINE FROM PALM AVENUE TO BRANDYWINE AVENUE - The City Engineer received a
letter dated January 28, 1998 requesting Development Impact Fee reimbursement for
the construction of the Poggi Canyon Sewer line and site work and construction
of facilities related to Olympic Parkway. Improvement Plans for construction of
the Sunbow II Offsite Sewer (Poggi Canyon Sewer segments 201 through 213) were
approved on September 30, 1997. The Poggi Canyon Sewer Development Impact Fee
was adopted on December 9, 1997. Per staff's reconunendation, the resolution was
approved 4-0-1 (Rindone absent) (Director of Public Works)
17. RESOLUTION 19195 ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO
RECEIVE UNDERGROUND SERVICE AND FOR THE REMOVAL OF POLES AND OVERHEAD FACILITIES
WITHIN UNDERGROUND UTILITY DISTRICT NUMBER 126, ALONG THE FIRST PHASE OF MAIN
STREET FROM INDUSTRIAL BOULEVARD TO APPROXIMATELY 450 FEET EAST OF BROADWAY - On
January 9, 1996, Council held a public hearing and approved establishing
Underground Utility District Number 126 along Main Street, from Industrial
Boulevard to Third Avenue. Section 15.32.150 of the Municipal Code states that
Council shall set the date upon which affected property owners must be ready to
receive underground service and the date by which SDG&E shall remove poles,
overhead wires, and associated structures. Per staffls reconunendation, the
resolution was approved 4-0-1 (Rindone absent) which set November 13, 1998 as
the date by which property owners shall be ready to receive underground service
and March 5, 1999 as the date by which SDG&E shall remove poles, overhead wires,
and associated structures. (Director of Public Works)
Mayor Horton inquired if all of the property owners had been notified, and what
impact was the project going to have on businesses during the holiday season.
Cliff Swanson, Deputy Director of Public Works, responded that the property
owners had been notified, and the utilities portion was basically done, but the
street project would be continuing. The city is working with a contractor in the
business conununity to keep entrances open to assure access throughout the year.
Main Street will remain open. There may be some detours during that time frame,
but it shouldn't disrupt the traffic through the business area. Also, this area
is more industrial than commercial, and we have invited the businesses to meet
with us and the contractor on a regular basis to limit the amount of disruption
during the holiday season.
Mayor Horton stated that she understood all that was being done, but wanted to
make sure that the activities during that time did not create any problems with
traffic circulation.
RESOLUTION 19195 OFFERED BY MAYOR HORTON, heading read, text waived, passed and
approved 4-0-1 (Rindone absent).
18. RESOLUTION 19196 APPROVING THE ADDITION OF A CAPITAL IMPROVEMENT PROJECT
TO COMPLETE ENVIRONMENTAL AND ENGINEERING WORK REQUIRED FOR THE CONSTRUCTION OF
THE SALT CREEK TRUNK SEWER AND APPROPRIATING $150,000 FROM THE TRUNK SEWER
CAPITAL RESERVE FUND (FUND NUMBER 222) AND $150,000 FROM THE SALT CREEK SEWER
BASIN DEVELOPMENT IMPACT FEE FUND (FUND NUMBER 670) TO COVER THE COST OF SAID
WORK - The Salt Creek Trunk Sewer has been proposed for the transport of
wastewater from new developments in eastern Chula Vista and to provide additional
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October 6, 1998
Page 6
capacity for the existing wastewater collection systems in southern Chula Vista.
On December 6, 1994, Council established the Salt Creek Sewer Basin Development
Fee to fund a large portion of this trunk sewer. The proposed interceptor will
generally parallel Salt Creek and the Otay Valley River beginning just west of
Upper Otay Reservoir and terminating at the City of San Diego's Metro Sewer west
of Interstate S. Per staff's recommendation, the resolution was approved 4-0-1
(Rindone absent) (Director of Public Works) 4/5th's vote required.
19. RESOLUTION 19197 AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
SAN DIEGO UNIFIED PORT DISTRICT FOR RECEIPT OF FINANCIAL ASSISTANCE IN THE ANOUNT
OF $30,000 AND AMENDING THE CITY'S EXISTING CONTRACT WITH THE CHAMBER OF COMMERCE
FOR PRODUCTION OF THE HARBOR DAYS FESTIVAL TO PROVIDE FOR THE PASS-THROUGH OF
$30,000 OF THE PORT FUNDING TO SUPPORT THAT EVENT AND APPROPRIATING FUNDS
THEREFOR - In June 1998, the City submitted a financial assistance request to the
San Diego Unified Port District (Port) for partial funding of the Harbor Days
Festival. The Board of Port Commissioners approved funding $30,000 at their
meeting of August 4, 1998, and the Port requires that the City enter into a
formal agreement which stipulates conditions and City requirements for receipt
of the approved funding. Per staff's recommendation, the resolution was approved
4-0-1 (Rindone absent) (Public Information Coordinator)
20. RESOLUTION 19198 AUTHORIZING SETTLEMENT OF CLAIMS ARISING OUT OF THE
FEBRUARY 6, 1998 SINK HOLE ON MALTA AVENUE AND APPROPRIATING FUNDS THEREFOR -
This action will authorize the settlement of and appropriate funding for property
damage claims arising out of the February 6, 1998 sink hole on Malta Avenue.
Staff recommends approval of the resolution. Per staff's recommendation, the
resolution was approved 4-0-1 (Rindone absent) (Risk Manager) 4/5th's vote
required.
21. RESOLUTION 19199 APPROVING THE NAME OF "HERITAGE PARK" FOR AN 11.6 ACRE
NEIGHBORHOOD PARK IN VILLAGE 1 OF THE OTAY RANCH - The Park Master Plan for the
first neighborhood park in Village 1 of the Otay Ranch, totaling 11.6 acres in
size was approved by Council on December 16, 1997. This park carried a temporary
title of Park P-l through approval of the Park Master Plan. The Otay Ranch
Company, developer of this park, is now requesting that the name of "Heritage
Park" be considered for approval. Per staff's recommendation, the resolution was
approved 4-0-1 (Rindone absent) (Director of Planning and Building)
22. RESOLUTION 19200 APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO IN
ORDER TO RECEIVE $135,276 OF STATE HABITAT CONSERVATION FUNDS AS RETROACTIVE
MATCHING FUNDS FOR THE ACQUISITION OF 12 ACRES OF RIPARIAN HABITAT LAND IN THE
OTAY VALLEY - The County of San Diego, acting as the clearing house for the grant
funds for habitat land acquisition from the State of California and co-members
of the Otay Valley Regional Park planning process, has offered to apply to the
State for reimbursement of up to $135,276 as matching funds for the City's
acquisition of 12 acres of riparian habitat, part of the 36.44 acres previously
purchased by Chula Vista. By accepting these funds, the City will be able to
reimburse the PAD fund this amount for use in acquiring other properties or for
development of this and/or other park land. Per staff's recommendation, the
resolution was approved 4-0-1 (Rindone absent) (Director of Planning and
Building)
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
. Brian Cochran, 1927 Dayton Drive, Lemon Grove, 91943, offered thanks to
the city for Coors Amphitheater, but also wanted to complain about the security
measures that he and his family were subjected to the night of the John Fogarty
Concert, when they were asked to submit to a pat-down search. The incident
created quite a stir, as he refused to allow the search offering only to empty
his pockets, eventually they were admitted. What is appalling is that they in no
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October 6, 1998
Page 7
way resembled the stereo-typical drug/gang member and paid close to three hundred
fifty dollars for six tickets. He was not asking that Council do anything except
to be sensitive to these types of issues, and maybe have the manager look into
Coors' security measures.
Mayor Horton offered to set-up a meeting between Jon Martin, the Coors
Amphitheater Manager, and Brian Cochran.
· Kevin Disston, 564 Nantucket Drive, Chula Vista, 91910, passed out some
materials and photos of some excavation going on in his backyard concerning
Sunbow II Phase 1A Project. Mr. Disston stated that they have a canyon running
through their backyard that the developers of Sunbow II are trying to convince
them that it is an improvement. Prior to this, their backyard was the site of
the dam face of the silt collection basin that the City of Chula Vista maintained
through an easement. They had learned to live with the basin and had spent time
and money landscaping and fencing it in for their dogs. The canyon is a
landscaping nightmare and could easily have a negative impact on property values.
When attempting to resolve their problem, they found each party pointing their
fingers in a different direction, taking them around in a continuous loop. They
have spoken with an attorney who specializes in real estate law and was told that
even though they signed a permission to grade form, they may have rights that are
created through the acts of misrepresentation and omission of information. ·The
attorney felt that they had a case but suggested that they seek the help of the
City Council and Mayor before getting the attorneys involved.
· patricia Disston, wife of Kevin Disston, stated she had nothing more to
add.
Mayor Horton offered to get Mr. and Mrs. Disston in touch with the appropriate
staff to look into some possible solutions, at least get the parties together to
help this situation.
Councilmember Moot stated that he had received the Disston's initial call, and
whatever staff member receives this assignment, he would be happy to talk to in
order to help.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
23. PUBLIC HEARING AMENDING ORDINANCE 2579, RELATING TO ESTABLISHING A
PROCEDURE FOR FEE WAIVER OR REDUCTION WITHIN THE INTERIM PRE-SR125 DEVELOPMENT
IMPACT FEE - On January 4, 1994, Council adopted Ordinance 2579 establishing an
interim pre-SR125 Development Impact Fee to pay for transportation facilities in
the city's eastern territories. That ordinance did not have a procedure for fee
waiver or reduction. Based on a recent development which paid an estimated fee
with an understanding that actual traffic generation rates would be studied after
the project was opened, a portion of the fee payment should be refunded. Per
staff's recommendation, the ordinance was placed on first reading 4-0-1 (Rindone
absent) (Director of Public Works)
ORDINANCE 2759 AMENDING ORDINANCE 2579 RELATING TO ESTABLISHING A PROCEDURE FOR
FEE WAIVER OR REDUCTION WITHIN THE INTERIM PRE-SR125 DEVELOPMENT IMPACT FEE
( first readincn
· Muriel Watson, 3120 Anderson St, Bonita, representing Sweetwater Planning
Group, expressed concern that the City was going to waive fees that would take
away from the funding of SR-125. She requested something in writing.
John Lippitt, Director of Public Works, stated that this is about a project where
the fee was overpaid. The only way to pay them back is through this Ordinance.
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October 6, 1998
Page 8
Councilmember Moot added that the City of Chula Vista recognizes that this road
is essential to our circulation system and if the toll road doesn't get built,
the City will build an interim road to alleviate traffic congestion.
ORDINANCE 2759 WAS PLACED ON FIRST READING BY COUNCILMEMBER MOOT, heading read,
text waived, passed and approved 4-0-1 (Rindone absent)
24. PUBLIC HEARING PCA 98-07; CONSIDERATION OF AN AMENDMENT TO SECTION
19.64.150 AND ADDITION OF SECTION 19.64.190 TO THE MUNICIPAL CODE ALLOWING FOR
THE ISSUANCE OF RECONSTRUCTION PERMITS IN CERTAIN INSTANCES FOR NON-CONFORMING,
NON-RESIDENTIAL STRUCTURES WITHIN THE CITY - The purpose of this amendment is to
allow current restriction on the rebuilding of non-conforming, non-residential
structures which are destroyed to be waived upon obtaining a Reconstruction
Permit. Approval of said permit would be based upon a public hearing and subject
to meeting of specific criteria including the presence of site constraints which
would make it difficult for the owner of the property to rebuild it in accordance
with current land use restrictions. Per staff's recommendation, the ordinance
was placed on first reading 4-0-1 (Rindone absent) (Director of Planning and
Building)
ORDINANCE 2760 AMENDING TITLE 19 OF THE MUNICIPAL CODE TO MODIFY SECTION
19.64.150 AND ADD SECTION 19.64.190 RELATING TO RECONSTRUCTION OF NON-CONFORMING,
NON-RESIDENTIAL STRUCTURES WITHIN THE CITY (first readinq)
Councilmember Padilla inquired if items one through five described in the staff
report are absolute thresholds that must all be met in order to issue the
reconstruction permit for a nonconforming structure.
Councilmember Moot inquired as to why we felt this change was necessary.
Bob Leiter, Director of Planning/Building, replied that all criteria must be met,
and the change was necessary to accommodate residential uses in non-conforming
zones that were having difficulty in re-financing because of this restriction.
In general if you have industrial uses in commercial zones and they burn down,
they would be replaced with commercial uses. Under the old rule, we didn't have
the discretion to do that.
ORDINANCE 2760 WAS PLACED ON FIRST READING BY COUNCILMEMBER PADILLA, beading
read, text waived, passed and approved 4-0-1 (Rindone absent)
25. PUBLIC REARING PCM-95-01A; AMENDMENT TO THE OTAY RANCH SPA ONE PUBLIC
FACILITIES FINANCE PLAN FOR VILLAGE ONE AND VILLAGE FIVE - On May 14, 1996,
Council approved the Otay Ranch Public Facilities Finance Plan (PFFP) along with
the SPA One Plan, among other documents required for implementation of the Otay
Ranch General Development Plan. Subsequent to the approval of the SPA Plan,
PFFP, and the SPA One Plan tentative map (PCS-94-06) was approved. As a
condition of approval of the tentative map, Condition Number 126 required that
the PFFP be revised "where necessary to reflect the revised phasing plan. ..
Changes to the phasing in ownership have prompted the current amendment to the
PFFP. Per staff's recommendation, the resolution was approved 3-0-1-1 (Rindone
absent and Moot abstained) (Director of Planning and Building)
RESOLUTION 19201 APPROVING AN AMENDMENT TO THE OTAY RANCH SPECIFIC PLANNING
AREA ONE PLAN PUBLIC FACILITIES FINANCE PLAN TO REFLECT CRANGES IN PHASING FOR
VILLAGE ONE AND VILLAGE FIVE
Rick Rosaler, Principal Planner, stated that the PFFP was approved as part of the
SPA One, Otay Ranch in 1996. McMillin Company now has the majority of phases 3,
4, and 6. They had proposed to start in the Northeast corner along Otay Lakes
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October 6, 1998
Page 9
Road across from St. Claire with Phase lA and additionally with Phase IB South
of Telegraph Canyon Road. The Phase IIB project placed a condition Number 126
that requires the PFFP be updated prior to the approval of the first B map. To
update the plan to reflect the changes in ownership and the actual reduction in
number of units that were approved under the tentative map, the applicants have
gone to a couple of phasing programs. This program reflects the change in
McMillin's ownership. We have been able to negotiate a boundary adjustment
between the two property owners along this section of the property between R12,
R13, and R14. The original plan provided for flexibility in the improvement in
each one of the phases and indicated what the structure requirements are. This
phasing plan clarifies that scheme. PFFP Table 11 shows the improvements for
transportation on the left hand side and the cumulative threshold for EDUs. As
we indicated when the tentative maps were approved they did not utilize all the
units authorized under the SPA plan and so there is actually a reduction of 560
units reflected in this PFFP. The PFFP remains in compliance with the growth
management threshold standards. In addition because of Village Development's
inability to finance public improvements at the A map level, we will include that
in the PFFP as well. Also, questions remain on how Olympic Parkway or Orange
Avenue are going to be financed. The City is currently studying Olympic Parkway
assessment districts, and we have identified the costs that are associated with
that road and are in the process of upgrading the DIF to reflect that
improvement. So, while the improvements for Olympic Parkway exceed Village 1 and
Village 5' s ability to finance those improvements, it will be spread over
Villages 2, 6, 11, and the Sunbow Project and additional funding sources will be
brought to bear as listed in the PFFP.
RESOLUTION 19201 OFFERED BY MAYOR HORTON, heading read, text waived, passed and
approved 3-0-1-1 (Rindone absent and Moot abstained)
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
26. RESOLUTION 19202 APPROVING AN AGREEMENT WITH JACKSON & RYAN ARCHITECTS
FOR ARCHITECTURAL AND PROJECT MANAGEMENT SERVICES FOR THE ANIMAL SHELTER PROJECT
AND APPROPRIATING $103,306 FROM DEVELOPMENT IMPACT FEES (DIF) FOR ARCHITECTURAL
AND PROJECT MANAGEMENT SERVICES - In March 1998, the Police Department issued a
Request for Proposal to solicit qualified architectural firms to provide
architectural and project management services for the Animal Shelter project.
Ten proposals were received. Per staff's recommendation, the resolution was
approved 4-0-1 (Rindone absent) (Chief of Police) 4/5th's vote required.
Rick Emerson, Chief of Police, stated that it is important to share with the
public that we are moving forward on this project.
RESOLUTION 19202 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived,
passed and approved 4-0-1 (Rindone absent)
27. RESOLUTION 19203 APPROVING IN-CONCEPT THE CHANGES REQUIRED BY THE DESIGN
REVIEW COMMITTEE WHICH WILL RESULT IN A P'UTURE COST INCREASE FOR THE CONSTRUCTION
OF FIRE STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; APPROVING THE SECOND
AMENDMENT TO THE CONTRACTUAL AGREEMENT WITH JEFF KATZ ARCHITECTURE FOR
ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF FIRE
STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; AND APPROPRIATING FUNDS
THEREFOR - Council approved CIP Projects PS-120 and PS-127 provide for the
construction of the new Fire Station Number 4 and the Fire Training Classroom at
the Fire Training Tower site in the Rancho del Rey development. The firm of Jeff
Katz Architecture has been hired to provide the architectural services. Recent
review of the Project's initial design by the City's Design Review Committee has
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Minutes
October 6, 1998
Page 10
necessitated changes to the Project which will increase the construction costs,
and which are beyond the scope of the current agreement with the architect.
Therefore, it is necessary at this time to conceptually approve the Project's
revised scope and estimated budget and amend the Architect's agreement to
complete the necessary work. Per staff's recommendation, the resolution was
approved 4-0-1 (Rindone absent) (Fire Chief and Director of Planning and
Building) 4/5ths vote reauired.
Mayor Horton inquired as to the actual square footage of the building and
commented that even though the square foot price is lower than comparable fire
stations, the $300,000 for the recommended changes seemed outrageous for such a
small building.
Jim Hardiman, Fire Chief, responded that there is an on-site training classroom
in addition to the 4,000 squa~e foot fire station. The total project is 5,000
square feet. The substantial cost increase is due to comments and directions
made by the Design Review Committee.
Councilmember Moot commented that it struck him as being an awful lot of money
and would appreciate some visuals to ascertain if it was functional or strictly
aesthetic.
Jeff Katz, Architect, showed an artist's rendering of both concepts before and
after the Design Review Committee's direction stating that they added 510 square
feet and raised the ceiling two feet.
Councilmember Padilla inquired as to how they would categorize the design
amendment: functional or aesthetic.
Martin Miller, Associate Planner, replied that it was considered by the Design
Review Committee to be more aesthetic in nature, but because of the Rancho del
Rey Information Center and-the YMCA, the enhancements were necessary in order to
met the standards set in the neighborhood.
Mayor Horton replied that she agreed with the Design Review Committee that the
new design was a better fit for the community, but did not see where the increase
of $300,000 penciled out.
Mr. Katz stated the original building was designed to fit within the original
project budget. In an attempt to make more of a statement, they have added a
great deal of detail to the architectural style. The $300,000 is his estimate
given the current construction climate.
Bob Leiter, Director of Planning and Building, stated that not all of these costs
from the original estimate to the current estimate are reflective of the Design
Review Committee's specific recommendations.
Dan Beintema, Principal Management Assistant, indicated that:
$130,000 was for exterior redesign;
$ 80,000 was for modifying the interior to accommodate windows;
$ 10,000 was for landscape screening;
$ 30,000 was for fire sprinklers, relocating a hose ramp, installing an
exhaust system, and additional electrical requirements; and
$ 20,000 was for construction escalation
These things add up to around $270,000 total. The additional monies adding up
to $300,000 is the change in architectural services.
Mayor Horton recommended that since we need a 4/5ths vote, this item be continued
to the next meeting for staff to substantiate the increase in costs that are
being proposed.
Minutes
October 6, 1998
Page 11
Councilmember Moot stated that the City's share is 5139,000, it is not part of
the DIF, and is not part of any budget that he is aware of. So, he would not be
voting on spending $300,000 to make an architectural statement; there are too
many other places that need this money.
Councilmember Salas responded that the Mayor has asked for a continuation so we
can get some answers. She wanted some clarification of the expansion costs and
the original cost per square foot. She asked if we low-balled ourselves to begin
with?
Councilmember Padilla commented that the Mayor has led off with and the Council
has agreed that what we are seeking is a clarification and an ability to connect
the spending to some service-related issue or some functionality issue.
Recognizing that the staff is following policy changes and that the Council has
made reference to the training facility, it is still appropriate that the Council
look at the specific cost increase as to whether its strictly aesthetic or design
related and not functional as ,opposed to spending funds to increase service
levels or functionality. We do have an architect that is stating that a major
component of these cost increases has to do with accommodating the Design Review
Committee. He understood the argument that more space is better, but the reality
is you are talking about accommodating a trellis costing 580,000. This needs to
be looked at a little harder.
MSC (Horton/Padilla) to continue the it.e. to the October 13, 1998 meet.ing.
Motion approved 4-0-1 (Rindone absent)
28.A. RESOLUTION 19204 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE
CITY'S MULTIFAMILY HOUSING REVENUE BONDS, SERIES 1998A (GATEWAY TOWN CENTER), AND
THE CITY'S SUBORDINATE MULTIFAMILY HOUSING REVENUE BONDS (GATEWAY TOWN CENTER),
SERIES 1998B, IN A COMBINED PRINCIPAL AMOUNT NOT TO EXCEED $43,000,000,
AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH BONDS AND OTHER RELATED DOCUMENTS,
AND APPROVING OTHER RELATED ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS
On February 10, 1998, the City held a public hearing which constituted an
inducement resolution for multi-family housing revenue bonds in an amount not to
exceed $45,000,000 to finance a proposed 440 unit multi-family rental housing
project proposed by Gateway Town Center L.P., a California Limited Partnership.
The project is to be located on approximately 16 acres on the southwest corner
of East Palomar Street and La Media Road within the McMillin Otay Ranch SPA One.
Council is being asked to authorize the issuance of $43,000,000 in tax exempt
bonds for financing of the project and to execute other related documents. On
February 10, 1998, the City also approved an Affordable Housing Agreement with
the McMillin Otay Ranch Company committing the developer to provide low and
moderate income affordable housing within the Otay Ranch Planned Community. An
amendment to the Affordable Housing Agreement is now required. Per staff's
recommendation, the resolutions were approved 3-0-1-1 (Rindone absent and Moot
abstained) (Director of Community Development)
B. RESOLUTION 19205 APPROVING AN AMENDMENT TO THE AFFORDABLE HOUSING
AGREEMENT WITH MCMILLIN OTAY RANCH, INC. DECLARING THE AFFORDABLE HOUSING
OBLIGATIONS FOR OTAY RANCH SPA ONE SATISFIED SUBJECT TO CONDITIONS
Juan Arroyo, Housing Coordinator, reported that since Council conducted a public
hearing back in February for this bond issue and approved an inducement
resolution, the developer has been successful at receiving a bond commitment of
up to $43,000,000 from the state and has also received approval from the Design
Review Committee. Staff is back to complete the bond financing process which
requires the Council to authorize the issuance, sale, delivery of the bonds, and
execution of the bond documents. The bond proceeds will be used to finance the
Gateway Town Center which staff believes is an excellent example of how an
affordable housing project can be integrated into a mixed income, upscale,
residential town center built on very high standards. Also the proposed project
has many other positive attributes which include: (1) The increase of much needed
affordable housing in the eastern territories of the city; (2) the project will
effectively advance the city's inclusionary housing program which will not only
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Minutes
October 6, 1998
Page 12
increase affordable housing opportunities but will also create better economic
balance between housing and jobs, (3) the project will satisfy the McMillin Otay
Ranch affordable housing obligation which will be well ahead of schedule.
Mayor Horton inquired as to how many enclosed garages are there, what component
of the project was commercial and/or residential, and how the financing and bond
proceeds were to be distributed?
Rick Rosaler, Principal Planner, replied that 156 out of 440 will have enclosed
garages, the others will be covered parking areas with storage. The town center
project was to wrap around the town square of Village 5, and there are ground
floor commercial and eighteen units of town houses that are planned in the third
phase of this project that aren't part of this bond financing project.
RESOLUTIONS 19204 AND 19205 WERE OFFERED BY COUNCILMEMBER SALAS, headings read,
texts waived, passed and approved 3-0-1-1 (Rindone absent and Moot abstained)
29.A. RESOLUTION 19206 APPROVING A FINAL MAP FOR TRACT NUMBER 98-04, MCMILLIN
OTAY RANCH SPA ONE, PHASE 2, ACCEPTING ON BEHALF OF THE PUBLIC A PORTION OF SANTA
CORA AVENUE, A PORTION OF LA MEDIA ROAD, AND A PORTION OF EAST PALOMAR STREET,
DEDICATED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY
ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON $AID
MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE
IRREVOCABLE OFFERS OF DEDICATION OF THE FEE INTERESTS OF LOTS "A" AND "B" FOR THE
OPEN SPACE AND OTHER PUBLIC PURPOSES AND LOTS 2 AND 5 FOR PUBLIC PARK PURPOSES -
The Tentative Map for McMillin otay Ranch, Portion of Villages 1 and 5, Tract 98-
04 (CVT 98-04), was approved by Council on June 9, 1998. The Final Maps include
two multifamily lots, one mixed use lot (commercial/residential), two open space
lots, and two park lots located south of East Palomar Street. Per staff's
recommendation, the resolutions were approved 3-0-1-1 (Rindone absent and Moot
abstained) (Director of Public Works)
B. RESOLUTION 19207 APPROVING A FINAL MAP SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2 AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
C. RESOLUTION 19208 APPROVING A FINAL MAP SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2 AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
RESOLUTIONS 19206, 19207, AND 19208 OFFERED BY MAYOR HORTON, headings read, texts
waived, passed and approved 3-0-1-1 (Rindone absent and Moot abstained)
30.A. RESOLUTION 19209 APPROVING FINAL "B" MAP FOR TRACT NUMBER 96-04, OTAY
RANCH SPA ONE, VILLAGE 1, NEIGHBORHOOD R-3, ACCEPTING ON BEHALF OF THE CITY THE
ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE
IRREVOCABLE OFFER OF FEE INTEREST OF DEDICATION OF FEE INTEREST OF DESIGNATED
RESOURCE PRESERVATION AREAS, AND THE IRREVOCABLE OFFER OF DEDICATION OF FEE
INTEREST OF DESIGNATED LAND FOR PUBLIC PARK PURPOSES - The tentative map for Otay
Ranch, Village 1 and a portion of Village 5 was approved by Council on November
19, 1996. Council will consider the approval of the first Final "B" Map within
Village 1, together with the associated agreement for the "B" Map. The Final "B"
Map for Neighborhood R-3, Otay Ranch, Village 1 consists of 75 single family
lots, four private street lots, and six private open space lots totaling 10.616
acres (the private lots will be maintained by a Homeowner's Association). Per
staff's recommendation, the resolutions were approved 3-0-1-1 (Rindone absent and
Moot abstained) (Director of Public Works)
B. RESOLUTION 19210 APPROVING "B" MAP SUBDIVISION IMPROVEMENT AGREEMENT FOR
TRACT NUMBER 96-04, OTAY RANCH SPA ONE, VILLAGE 1 NEIGHBORHOOD R-3, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Minutes
October 6, 1998
Page 13
C. RESOLUTION 19211 APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR FIRST FINAL "B" MAP FOR VILLAGE 1 OF THE OTAY RANCH PROJECT, TRACT
NUMBER 96-04, SPA ONE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
RESOLUTIONS 19209, 19210, AND 19211 OFFERED BY MAYOR HORTON, headings read, texts
waived, approved 3-0-1-1 (Rindone absent and Moot abstained)
31. RESOLUTION 19182 ORDERING CERTAIN CRANGES AND MODIFICATIONS TO THE
ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NUMBER 97-02 (OTAY RANCH VILLAGE ONE) -
On February 10, 1998, Council established Assessment District 97-2 and levied
assessments on Otay Ranch Village One, pursuant to the Municipal Improvement Act
of 1913, with the purpose of acquiring and financing infrastructure improvements
serving that development. Changes in the district boundary requires the
Engineer's Report for this district to be modified. Per staff' s recommendations,
the resolution was approved 3-0-1-1 (Rindone absent and Moot abstained)
(Director of Public Works) Continued from the meeting of September 22, 1998.
RESOLUTION 19182 OFFERED BY MAYOR HORTON, heading read, text waived, Approved 3-
0-1-1 (Rindone absent and Moot abstained).
ITEMS PULLED FROM THE CONSENT CALENDAR
Item 17 was pulled by Councilmember Rindone; however, the minutes will reflect
the printed agenda order.
OTHER BUSINESS
32. CITY MANAGER'S REPORT/S\
Sid Morris, Assistant City Manager, pointed out that there was a memo on the dias
from the Police Chief to the Council outlining some administrative changes that
will be put in place at the Coors Amphitheater. Should Council wish to discuss
this, Council will have to add it to the agenda as an emergency item; otherwise
its for information purposes only. Staff's intent, at the end of the season, is
to take a hard look at all of the operational issues at the amphitheater and
bring back minor adjustments to Council for approval.
33. MAYOR'S REPORT/S\
A. Taking a position to support Proposition JJ, classroom and facility
improvements in the Chula Vista Elementary School District.
B. Ratification of appointment to the Growth Management Oversight Commission
(Development) - Paul Nieto (to fill vacancy created by Commissioner Aguirre,
whose term expired on June 30, 1998).
Mayor Horton stated she wished to continue both items until the next Council
meeting on October 13, 1998.
Mayor Horton asked the Council to take a look at the packet of resolutions that
were approved at the California League of Cities Conference. One area of concern
that surfaced at the League meeting is the loss of sales tax revenue, in the next
millennium, from people purchasing items over the Internet. She directed staff
to come back to Council with some type of report on where we are going, what
changes need to be made, and what we are looking at to modernize our utilities
users tax to offset some of the revenue that we may lose in the future because
of the use of the Internet. Some estimates are between 25-80 percent loss of
cities' revenue.
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October 6, 1998
Page 14
34. COUNCIL COMMENTS
Councilmember Salas commented that Council received a Summary on Boards and
Commissions Activities for the year. In reading through some of the summaries
she came to the conclusion that it might be a time to revisit the activities of
the boards and commissions and do some restructuring. A lot of the commissions
were formed with a particular intent or project in mind, and it seems that once
the initial work of the commission was done, the commission still exists. She
felt Council might look at consolidating some commissions, eliminating them, or
perhaps changing them to ad hoc committees and convening them when we actually
need them. She felt that we do need to include the participation of citizens in
our city government, but it has to be a worthwhile experience. Some
commissioners have expressed dissatisfaction in that it is a waste of their time.
It also impacts staff time if the commission no longer has a clearly defined
mission.
ADJOURNMENT
Meeting adjourned at 6:05 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk