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HomeMy WebLinkAboutcc min 1999/01/05 (2) MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, January 5, 1999 4:10p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, and Mayor Horton ABSENT: Councilmember Salas ALSO PRESENT: City Manager Rowlands; City Attorney Kaheny; City Clerk Bigelow; Deputy City Clerk Long 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3 . APPROVAL OF MINUTES of November 24, 1998 and December 8, 1998. ACTION: Councilmember Moot moved to approve the minutes of December 8, 1998. Councilmember Padilla seconded the motion, and it carried 4-0, with Councilmember Salas absent. It was the consensus to continue the minutes for November 24, 1998, to January 12, 1999, since Councilmember Salas was absent and Councilmembers Davis and Padilla were not present at the November 24, 1998 meeting. 4. SPECIAL ORDERS OF THE DAY: None were submitted. CONSENT CALENDAR 5. WRITTEN COMMUNICATIONS A. Letter fTom the City Attorney stating that to the best of his knowledge fTom observance of actions taken in Closed Session on December 15, 1998, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. B Letters from Regina Hanono, Karen Sethi, and Caesar Rangel requesting financial assistance to attend the 1999 Youth Leadership Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington, D.C. Staff recommendation: $50 for each of these students be granted towards expenses incurred for their trip to Valley Forge, in exchange for which they will each execute a contract with the City to make a presentation to one of the City's youth groups. CONSENT CALENDAR (Continued) 6. ORDINANCE 2767, ESTABLISHING THE OT A Y RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMP ACT FEE TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (second reading and adootion) The developers of Otay Ranch SPA One are required to fund their fair share of constructing three pedestrian bridges within Villages 1 and 5. On May 14,1998, both the McMillin Company and the Otay Ranch Company requested that a Development Impact Fee be created to spread the cost of these facilities over those areas benefitting from the proposed bridges. Staff recommendation: the Council place the Ordinance on second reading for adoption. (Director of Public Works) 7. ORDINANCE 2768, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SP A ONE) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (second reading and adootion) On November 24, 1998, the Council held the public hearing for the formation of Community Facilities District Number 97-3. The District will fund the construction of backbone infrastructure within the McMillin Otay Ranch SPA I project. Council action is to 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. In addition, Council will consider an amendment to the current Community Facilities District Policy which requires that a project be fully completed and accepted by the City prior to acquisition. The amended policy will allow for the acquisition of complete discrete components of a project. Said amended policy is incorporated in the proposed amendment to the Acquisition/Financing Agreement which establishes the procedure for acquiring the improvements from the developer. Staff recommendation: the Council place the Ordinance on second reading for adoption. (Director of Public Works) 8. REPORT ON DEVELOPMENT IMPACT FEE (DIF) AND PARK ACQUISITION AND DEVELOPMENT (PAD) FEE FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 1998; AND RESOLUTION 19325, MAKING FINDINGS THAT THE UNEXPENDED FUNDS IN THE VARIOUS DIF FUNDS ARE STILL NEEDED TO PROVIDE CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED State Government Code Section 66000 requires local agencies assessing Development Impact Fees to make available specified financial data to the public each fiscal year. It also requires that the local agency provide the information to the public for a minimum of fifteen days prior to reviewing the information at a public meeting. The report has been available in the City Clerk's office for public review since December 10, 1998. For ease of reference and for the convenience of members of the public, Parkland Acquisitions and Development fees are included in the report. Staff recommendation: the Council accept the report and approve the Resolution. (Director of Finance and Director of Public Works) Page 2 01/05/99 CONSENT CALENDAR (Continued) 9. RESOLUTION 19326, APPROVING AN INTERIM DESILTATION AND GRADING AGREEMENT (POGGI CANYON) WITH MCMILLIN OT A Y RANCH, LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On June 9, 1998, by Resolution Number 19034, the City approved the Tentative Map for Tract Number 98-04 for a portion of Village Five of the Otay Ranch McMillin SPA One. Tentative Map conditions require that prior to issuance of a grading permit for any land within the Poggi Canyon Basin, the developer shall comply with certain conditions concerning the proposed grading and removal of any siltation within the Poggi Canyon Basin. McMillin is currently processing grading plans for land located within the Basin, and issuance of the grading permit is anticipated shortly. Staff recommendation: The Council adopt the Resolution. (Director of Public Works) ACTION The Consent Calendar was offered by Mayor Horton, headings read, texts waived. The motion passed 4-0, with Councilmember Salas absent. Councilmember Moot abstained on Items 6, 7, and 9. ORAL COMMUNICATIONS Ms. Louise Estevez, 5650 Sprinter Lane, Bonita, stated that she was an aesthetician and massage therapist, however, she could only work as an aesthetician because the zoning on Third Avenue does not permit a massage business. She asked how she could work as a massage therapist in that same area. Mayor Horton referred Ms. Estevez to staff for assistance. Mr. Bill Ayers, 44 E. Mankato Street, representing the County Veteran's Advisory Council, remarked that meetings were proceeding between the Advisory Council and the Otay Water District; however, veterans of the County feel that the District has an obligation to consider offsetting some of the hookup fees for veterans in their constituency and contribute to the Veteran's Horne in Chula Vista. He asked the television audience to contact the District Board and voice support for contributing a portion of the fees to assist the Veteran's Home. Mayor Horton replied that she had spoken to some of the Board members, and they are working toward helping veterans. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING: AMENDING THE INTERIM PRE-SRI25 DEVELOPMENT IMPACT FEE (OIF) TO REVISE THE AREAS LOCATED IN THE "EASTERN TERRITORIES" WHICH ARE ASSESSED; AND ORDINANCE 2770, AMENDING ORDINANCE 2579 WHICH ESTABLISHED AN INTERIM PRE-SRI25 DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN AREA, IN ORDER TO REMOVE EASTLAKE TRAILS, EASTLAKE BUSINESS PARK II, BONITA MEADOWS AND SALT CREEK RANCH FROM THE LIST OF AREAS EXCLUDED FROM PAYING THE FEE (first readin~) Page 3 01/05/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Currently, the Interim Pre-SR125 Development Impact Fee Ordinance 2579, Section 2( e) defines the "Eastern Territories" assessed for this fee and restricts the collection of this DIF for EastLake Trails, Bonita Meadows and phases of Salt Creek Ranch exceeding 1,043 Equivalent Dwelling Units. The DIF area boundaries were designed to meet the development in this region of the City. The Ordinance needs to be revised due to changes in anticipated development not included in the May 1993 feasibility study. Staff recommendation: the Council place the Ordinance on first reading. (Director of Public Works) This being the time and place as advertised, the public hearing was declared open. There being no one indicating a desire to address the Council, the public hearing was closed. Councilmember Moot asked about items remaining on the exclusion list. Deputy Director of Public Works/City Engineer Swanson replied that the items which remain on the exclusion list do not represent eminent development but could always be removed if necessary. Mayor Horton asked if the EastLake Business Park II was adjacent to Business Park I, and if any development were anticipated before the year 2005. Mr. Swanson replied that although development is not anticipated at this time, it would be appropriate to remove the area from the list at this time because of the City's goal to facilitate the early development of industrial property. Councilmember Moot pointed out a correction to the proposed Ordinance to eliminate the line through "EastLake Business Park II." ACTION Councilmember Moot offered Ordinance 2770, as amended, heading read, text waived, and to place it on first reading. The motion passed 4-0, with Councilmember Salas absent. 11. PUBLIC HEARING: CONSIDERATION OF A TENT A TIVE SUBDIVISION MAP KNOWN AS EASTLAKE SOUTH GREENS, UNIT 18, TRACT 99-01, INVOLVING 52 SINGLE-FAMILY AND TWO OPEN SPACE LOTS ON 9.86 ACRES LOCATED ON THE NORTHWEST CORNER OF HUNTE PARKWAY AND SOUTH GREENSVIEW DRIVE WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY RESOLUTION 19327, APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS, UNIT 18, TRACT 99-0 I The applicant has submitted a tentative subdivision map known as EastLake South Greens, Unit 18, Tract 99-01, in order to subdivide 9.86 acres into 52 single- family and 2 open space lots. The project site is located on the west side of Hunte Parkway, north of South Greensview Drive within the EastLake Greens planned community. Staff recommendation: the Council adopt the Resolution (Director of Planning and Building) This being the time and place as advertised, the public hearing was declared open. There being no one indicating a desire to address the Council, the public hearing was closed. Page 4 01/05/99 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued) Mayor Horton requested an explanation of the proposed 1,200-foot, open-ended cul-de-sac. Associate Planner Hernandez stated that the subdivision manual requires that cul-de-sacs be a maximum ofl,OOO feet in length. This cul-de-sac, however, was extended to create an open-ended view from the street of a park and to allow pedestrian access to the park, South Greensview Drive and the other park facilities in the area. Staff has recommended approval of the waiver. ACTION: Mayor Horton offered Resolution 19327, heading read, text waived. The motion passed 4-0, with Councilmember Salas absent. ACTION ITEMS 12. A. RESOLUTION 19280 APPROVING THE AMENDED COUNCIL POLICY NUMBER 505-02 (EARLY LIENING ASSESSMENT PROCEDURE AND ORIGINATION CHARGE POLICY; CONTINUED FROM DECEMBER 8, 1998) B. RESOLUTION 19281: APPROVING THE FORM OF THE SECOND AMENDED ACQUISITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICT NUMBER 97-02 (OT A Y RANCH, VILLAGE ONE) C. RESOLUTION 19282: AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF LIMITED OBLIGATION IMPROVEMENT BONDS, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE CONTRACT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH Assessment District 97-2 (AD 97-2) will provide public funding for the acquisition of public improvements within Otay Ranch Village One. The district was formed under the Municipal Improvement Act of 1913. Current Council Policy Number 505-2 requires that a project be fully completed and accepted by the City prior to acquisition. The amended policy will allow for the acquisition of complete discrete components of a project. Said amended policy is incorporated in the proposed amendment to the AcquisitionlFinancing Agreement, which establishes the procedure for acquiring the improvements from the developer. Staff recommendation: the Council continue the item to the meeting ofJ anuary 19, 1999 (Director of Public Works) ACTION: Mayor Horton moved to continue this item to the meeting of January 19, 1999. Councilmember Moot seconded the motion, and it carried 4-0, with Councilmember Salas absent. OTHER BUSINESS 13. CITY MANAGER'S REPORT(S) Mr. Rowlands advised the Council that a tour of the eastern territories and other capital project sites has been scheduled on Saturday, January 16, 1999, from 9:00 a.m. to noon. Page 5 01/05/99 OTHER BUSINESS (Continued) 14. MAYOR'S REPORTS Mayor Horton asked Staff to review the requests from students, item S.B., since not all of the students live within the city limits and, therefore, may not be eligible to receive City funds. 15. COUNCIL COMMENTS Councilmember Davis declared that she was happy to attend the California League of Cities Conference. Councilmember Moot stated that the Council previously discussed an Ordinance to ban the sale of cheap hand guns in the City of Chula Vista. Action was deferred because the matter became the subject oflitigation. The issue has now been resolved by the courts, and a city's power to enforce such bans has been upheld by the California Supreme Court. He felt that it would be appropriate to bring the Ordinance back to the Council for consideration. ADJOURNMENT At 4:37 p.m., Mayor Horton adjourned the meeting. Respectfully submitted, ~ Susan Bigelow, CMC/ AAE, City Clerk Page 6 01/05/99