Loading...
HomeMy WebLinkAboutcc min 2000/06/20 MINUTES OF A REGULAR MEETNG OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA JUNE 20, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 p.m., in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT:Councilmembers Davis, Padilia, Salas and Mayor Horton (Mayor Horton arrived at 6:30 p.m.) ABSENT: Councilmembers: Deputy Mayor Moot ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items 1 through 13) Councilmember Padilla noted that Consent Calendar Items # 10 and # 12 would be trailed pending the arrival of the Mayor. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attomey stating that to the best of his knowledge from observance of actions taken in Closed Session on June 13, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2. RESOLUTION NO. 2000-195, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTiNG THE AMENDED AND RESTATED PARS (PUBLIC AGENCY RETIREMENT SYSTEM) TRUST AGREEMENT; APPOINTING THE CITY MANAGER OR HIS SUCCESSOR OR DESIGNEE AS THE PLAN ADMINISTRATOR; AUTHORIZiNG THE PLAN ADMINISTRATOR TO EXECUTE THE ADOPTION OF THE PARS TRUST AGREEMENT; AND, AUTHORIZiNG THE PLAN ADMiNISTRATOR TO TAKE WHATEVER ADDITIONAL ADMiNISTRATIVE ACTIONS ARE NECESSARY TO MAINTAIN PARTICIPATION iN PARS The City is currently a member of the Public Agency Retirement System (PARS), which provides the City with an alternate retirement system for part-time, seasonal and temporary employees who are not eligible for participation in PERS. Recently the PARS Trust Administrator informed the City that the legal documents of the PARS Trust Program have been updated in response to several law changes, which have amended the operation of qualified plans. Approval of the Resolution will. adopt the mended and Restated Agreement, designate the City's Plan Administrator for PARS, and will confer authority to that designee to take whatever additional actions are required to administer the City's PARS plans. (Director of Human Resources) Staff recommendation: Council adopt the resolution. CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2000-196, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATON OF THE DASH (DYNAMIC AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT AND TUTORING FOR CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU The City entered into a partnership with the Chula Vista Elementary School District in Fiscal Year 1998/1999 to examine and revamp the City's existing after-school program offerings based on individual school needs and priorities. The current MOU between the City and the District, which ends on June 30, 2000, authorizes the operation of the STRETCH program, with its emphasis on literacy and arts enrichment offered at eight district schools. The MOU also served as a launching point for a new, high quality, structured sports and recreation program called DASH, which was offered at 12 elementary school sites. The City and District are now ready to enter into a new MOU for Fiscal Year 2001 with expansion of the DASH program to 14 school sites and continuation of the STRETCH Program. (Deputy City Manager Palmet) Staff recommendation: Council adopt the resolution. 4. ORDINANCE NO. 2811, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ESTABLISHING A 35 MPH SPEED LIMIT ON LANE AVENUE BETWEEN OTAY LAKES ROAD AND MACKENZIE CREEK ROAD, AND ESTABLISHING A 40 MPH SPEED LIMIT ON LANE AVENUE BETWEEN MACKENZIE CREEK ROAD AND PROCTOR VALLEY ROAD AND ADDING THESE ROADWAY SEGMENTS TO SCHEDULE X OF A REGISTER MAINTAINED BY THE OFFICE OF THE CITY ENGINEER Based on the provisions of Chapter 7, Article 1 of the California Vehicle Code, and pursuant to authority under Chula Vista 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 Lane Avenue between Otay Lakes Road and Mackenzie Creek Road be established at 35 MPH, and the speed limit on Lane Avenue between Mackenzie Creek Road and Proctor Valley Road be established at 40 MPH. These speed limits will be added to Schedule X of the register maintained in the Office of the City Engineer. (Director of Public Works) Staff recommendation: Council introduce the ordinance for first reading. 5 A. RESOLUTION NO. 2000-197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING APPOINTMENTS IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) Page 2 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2000-198, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) C. RESOLUTION NO. 2000-199, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES D. RESOLUTION NO. 2000-200, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A SPECIAL TAX REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) E. RESOLUTION NO. 2000-201, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) F. RESOLUTION NO. 2000-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE FUTURE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) G. RESOLUTION NO. 2000-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) H. RESOLUTION NO. 2000-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) I. RESOLUTION NO. 2000-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A" THERETO Page 3 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) J. RESOLUTION NO. 2000-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE FUTURE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A' THERETO The Otay Ranch Company has requested the City to conduct proceedings for the formation of Community Facilities District No. 99-2 (CFD No. 99-2). The conditions of approval of the tentative map require that a maintenance district formation be initiated and authorization of a special tax levy approved by Council prior to approval of Village One West's first final "B" map. This district will fund the perpetual operation and maintenance of open space slopes, drainage channels, detention basins, medians and parkways of Village One West in Otay Ranch SPA One. In addition, CFD No. 99-2 district liens will take over the obligations of Village One West with regard to CFD No. 98-1, the Interim Open Space Maintenance District. A Notice of Special Tax Lien Cancellation will be filed 30 days after the CFD No. 99-2 certified vote is approved by the City Council. The City has retained the services of McGill Martin Self, Inc. as special tax consultant and Brown, Diven& Hessell as legal counsel to provide assistance during the proceedings. Approval of the Resolutions will initiate the formal proceedings leading to the establishment of CFD No. 99-2. (Director of Public Works) StaffrecomAnendation: Council adopt the resolutions. 6. RESOLUTION NO. 2000-207, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR VARIOUS CIP PARK PROJECTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Various small CIP park improvement projects were approved by Council under the Capital Improvement Program on June 15, 1999. The current workload of the City's Landscape Architect staff does not permit them to do the required design, construction documents and other related services for the projects. The Public Works Department is requesting Council's approval of an agreement between the City and Van Dyke, LLP for landscape architectural services for the Feaster School improvement project, playground renovations at Valle Lindo Park, Los Ninos Park, Tiffany Park, Lancerlot Park, and the renovation of Connoley Park. The design phase will be completed by December 2000. Construction will begin in January 2001. There are sufficient funds appropriated in the respective CIP projects to complete the necessary services for these improvements. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) 7 A. RESOLUTION NO. 2000-208, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FiNAL "A" MAP NO. 2 FOR OTAY RANCH SPA ONE VILLAGE ONE, CHULA VISTA TRACT NO. 96-04A, REJECTING ON BEHALF OF THE PUBLIC, SANTA ANDREA STREET, PASEO RANCHERO AND OLYMPIC PARKWAY; ACCEPTiNG ON BEHALF OF THE CITY OF CHULA VISTA THE LANDSCAPE BUFFER EASEMENTS, THE PUBLIC DRAINAGE AND ACCESS EASEMENTS, THE TRAIL EASEMENTS, THE SIDEWALK EASEMENTS, THE EMERGENCY ACCESS EASEMENTS AND THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAP WITHiN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE iNTEREST FOR OPEN SPACE LOTS "C", "D", "E", "F", "G", "N" AND "Q" AND LOT "O" FOR PUBLIC PARK PURPOSES B. RESOLUTION NO. 2000-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 96-04A, PORTION OF VILLAGE ONE, OTAY RANCH SPA ONE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999, Council approved a Tentative Subdivision Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Village One, Phase 7. Condition No. 14 of the Resolution requires the developer to submit and obtain the approval of the City of a master final map CA'' Map) of the tentative map showing "super block" lots. The "A" map is also required to show the public street dedications and backbone utility easements required to serve the super block lots. All super block lots created are also required to have access to a dedicated public street. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 8. RESOLUTION NO. 2000-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]), MAKING THE DETERMINATION THAT SURPLUS FUNDS EXIST FOR SERVICES WITHIN SUCH COMMUNITY FACILITIES DISTRICT AND AUTHORIZiNG THE REFUND OF SPECIAL TAXES COLLECTED FROM THE UNDEVELOPED PROPERTIES Ayres Land Company has requested that the City consider refunding the special taxes collected from the undeveloped properties for Community Facilities District No. 98-3, an open space maintenance district for the Sunbow II development. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 5 -Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) 9A. RESOLUTION NO. 2000-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARCEL MAP FOR LOTS 78, 79 AND 90 OF MAP NO. 13919, LOTS 3 AND "H" OF MAP NO. 13884, AND LOT "C" OF MAP 13962, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS FOR PUBLIC SEWER FACILITIES, THE SEWER ACCESS EASEMENTS AND THE EMERGENCY ACCESS EASEMENT AS SHOWN ON SAID MAP WITHIN SAID SUBDVISION, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE PEDESTRIAN BRIDGE AND PEDESTRIAN ACCESS EASEMENT AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE CITY OF CHULA VISTA THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTERESTS FOR OPEN SPACE AND OTHER PUBLIC PURPOSES AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, VACATING A PUBLIC SEWER EASEMENT GRANTED ON MAP NO. 13884 AND A PEDESTRIAN BRIDGE AND PEDESTRIAN ACCESS EASEMENT GRANTED ON MAP NO. 13962, AND VACATING IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "H" OF MAP NO. 13884 AND LOT "C" OF MAP NO. 13962 B. RESOLUTION NO. 2000-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO AMEND LEGAL DESCRIPTIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION NO. 2000-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE- PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) DETERMINING THAT THE SPECIAL TAX FOR SUCH COMMUNITY FACILITIES DISTRICT SHALL CEASE TO BE LEVIED AS TO CERTAIN REAL PROPERTY AND ORDERING THE RECORDATION OF A NOTICE OF SPECIAL TAX LIEN CANCELLATION D. RESOLUTION NO. 2000-214, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING 1N ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMLrNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH, SPA ONE, VILLAGES ONE AND FIVE]) TO AMEND THE BOUNDARIES OF SPECIAL TAX AREA B OF SUCH COMMUNITY FACILITIES DISTRICT The proposed Parcel Map will adjust the properly lines of five existing parcels in the McMillin Otay Ranch project and one parcel owned by Otay Project (no new lots are created). Final planning and design efforts for a proposed condominium project (in the McMillin ownership) require minor adjustments of the surrounding residential and open space lots. In addition, the approved site plan of the condominium project incorporates a Page 6 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) small piece of land currently owned by the Otay Ranch Company. This property will be conveyed to McMillin or their successors in interest upon recordation of the subject Parcel Map ("Exchanged Land"). By approving the proposed map, Council will also vacate certain existing easements and Irrevocable Offers of Dedication of fee interests (IODs) for open space lots within the proposed map and replace them with new easements and IODs in consistency with the new lot configuration. The agreement to amend legal descriptions will remove the Exchanged Land from the land encumbered by several existing Otay Project agreements and will incorporate said property within the land encumbered by certain existing McMillin agreements. Approval of the Resolutions will also cancel the Special Tax lien for Community Facilities District No. 99-1 on the Exchanged Land, and will amend the boundaries of Special Tax Area B of Community Facilities District No. 97-1 to exclude the Exchanged Land. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 11 A. RESOLUTION NO. 2000-217, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROV1NG FINAL MAP FOR CHULA VISTA TRACT NO. 88-3, EASTLAKE GREENS UNIT 26, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE PUBLIC EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR TRANSPORTATION AND OPEN SPACE PURPOSES AS SHOWN ON SAID MAP WITHIN SAiD SUBDIVISION, REJECTING A PORTION OF EASTLAKE PARKWAY RIGHT-OF-WAY AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION, VACATING CERTAIN EXISTING EASEMENTS AS INDICATED ON SAID MAP WITHIN SAID SUBDiVISION, AND APPROVING THE SUBDiVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2000-218, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDiVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 88-3, EASTLAKE GREENS UNIT 26, REQUIRING THE EASTLAKE COMPANY, LLC TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION 17618 AND RESOLUTION 15200 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On July 18, 1989, Council approved the Tentative Subdivision Map for Chula Vista Tract No. 88-3, Eastlake Greens, which included the subject property labeled as Unit R-26. On August 16, 1994, Council approved and imposed Amendments and Conditions on the Master Tentative Subdivision Map (PCS-88-3). Adoption of the resolutions will approve the Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement for Unit R-26. This project proposes the creation of 252 condominium units. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 7 -Council Minutes 06/20/2000 17 T CONSENT CALENDAR (Continued) 13. RESOLUTION NO. 2000-220, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE The proposed Resolution will direct the City Attorney and City Clerk 1) to review the City's Conflict of Interest Code on behalf of all staff and designated commissions and boards to determine whether or not amendments are needed and 2) to submit a notice to the Council prior to October 1, 2000, indicating either that amendments are required or that no amendments are necessary. (City Clerk/City Attorney) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Padilia moved to approve staff recommendations and offered Consent Calendar Items #1 through #9, #11 and #13, headings read, texts waived. The motion carried 3-0, with Mayor Horton not yet present. 10 A. RESOLUTION NO. 2000-215, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE SECOND CONTRACT AMENDMENT WITH MNA CONSULTING, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY APPROPRIATING $142,200 TO THE DEPARTMENT OF PLANNING AND BUILDING, FUNDED BY THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) Staff reconunendation: Council adopt the resolution. B. RESOLUTION NO. 2000-216, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIViNG THE CITY'S INFORMAL BIDDING PROCESS, APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY APPROPRIATING AN ADDITIONAL $25,000 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) In April 1999, MNA Consulting was retained by the City of Chula Vista to draft a revised MSCP Subarea Plan. In February 2000, the Draft Plan was released for public review, and almost 600 individual comments were received. In a City retreat with Resource Agencies on June 22 and 23, 2000, position papers on larger issues will be presented, then the Plan will be re-written to incorporate or address comments received. City staff Page 8 - Council Minutes 06/20/2000 CONSENT CALENDAR (Continued) has determined that the scope of work for completion of the City's MSCP Subarea Plan has expanded and additional tasks have been identified related to the Plan implementation. Staff recommends that the existing agreement with MNA Consulting be amended to include the expanded scope of work for completion of the Plan and associated implementation tasks. In addition to the environmental consulting on the MSCP, staff requires special legal assistance for the preparation of environmental legal documents. Remy, Thomas and Moose, LLP was contracted initially for this assistance, but the volume of response to public and Resource Agency comments on the draft MSCP has required the use of some contract resources and expanded the initial scope of work. Staff recommends that the existing agreement with Remy, Thomas and Moose be amended to include the expanded scope of work for completion of the Plan and associated implementation tasks. (Director of Plarming and Building) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2000-219, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITIONAL APPROPRIATION OF $30,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR PROFESSIONAL SERVICES RELATED TO ASSESSING POTENTIAL IMPACTS FROM THE PROPOSED BROWN FIELD CARGO PORT EXPANSION, AND APPROVING THE ADDITION OF THE FUNDING TO THE PROPOSED FISCAL YEAR 1999-2000 BUDGET OF THE DEPARTMENT OF PLANNING AND BUILDING (4/5THS VOTE REQUIRED) On November 24, 1998, Council approved Resolution 19279 appropriating $25,000 for professional services related to assessing potential impacts from the proposed Brown Field Cargo Port Expansion and noise impacts of helicopter flyovers originating from Ream Field. Council has since approved an additional $30,000 for continued professional services. Staff is now requesting that Council appropriate an additional $30,000 for professional services from the available fund balance of the general fund to retain professional services, thereby ensuring professional services and timely responses to future actions by the City of San Diego. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #10 and #12, headings read, texts waived. The motion carried 4-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY ORDINANCE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA Page 9 - Council Minutes 06/20/2000 PUBLIC HEARINGS (Continued) On May 23, 2000, Council approved Urgency Ordinance No. 2809-A, which is effective for 30 days only, mending the Public Facilities Development Impact Fee (PFDIF) Ordinance to increase development impact fees from $2,150 to $2,618 per equivalent dwelling unit, to pay for various public facilities Citywide, and to make a number of other amendments to the Ordinance detailed in "Development Impact Fee for Public Facilities, 1999 Update" presented to Council at the regular meeting on May 23, 2000. The total fee was last reviewed in 1992-1993. Adoption of the proposed Urgency Ordinance 2809-B will enable the City to continue to collect the updated fees during the 60-day waiting period before Ordinance 2810 becomes effective. 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 Horton opened the public hearing. There being no public comments, the heating was closed. ACTION: Councilmember Padilia offered the following Urgency Ordinance, heading read, text waived: URGENCY ORDINANCE NO. 2809B, AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 2554 RELATING TO A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHiN THE CITY OF CHULA VISTA'S GENERAL PLAN AREA BOUNDARY (4/5TH's VOTE REQUIRED) The motion carried 4-0. 15. PUBLIC HEARING TO CONSIDER TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 10 Based upon the advice of the City Attomey, agenda items 15 and 16 were separated from agenda item 17 due to conflict of interest concems. One Councilmember owns property subject to the proposed assessment in this District. The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and bene~ting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. The proposed action continues the process for Fiscal Year 2000/2001. On May 23, 2000, Council approved the open space reports on assessments for all existing Open Space Districts and set a public hearing for this date to take testimony on the proposed assessments. A second public hearing is scheduled for July 25, 2000. (Director of Public Works) 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 Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and the public hearing was closed. Page 10 - Council Minutes 06/20/2000 T m '~ T PUBLIC HEAR1NGS (Continued) ACTION: Councilmembers Davis moved to direct staff to return on July 25, 2000 for the second scheduled public heating. Councilmember Padilla seconded the motion, and it carried 3-0-1, with Councilmember Salas absta'm'mg. 16. PUBLIC HEARING TO CONSIDER TESTIMONY ON THE FISCAL YEAR 2000/2001 LEVY OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICT NO. 14 Based upon the advice of the City Attorney, agenda items 15 and 16 were separated from agenda item 17 due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this District. The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and benefiting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. The proposed action continues the process for Fiscal Year 2000/2001. On May 23, 2000, Council approved the open space reports on assessments for all existing Open Space Districts and set a public hearing for this date to take testimony on the proposed assessments. A second public hearing is scheduled for July 25, 2000. (Director of Public Works) Notice of the heating was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Mayor Horton opened the public heating and asked if anyone from the audience wished to speak. Joanne Warstier, 1584 Chaparral Drive, expressed concern about the extreme fire danger. She stated that her insurance company had denied her application for homeowners insurance due to the high fire risk and that some residents have tried to create fire breaks in the area Deputy Director of Parks Foncerrada responded that the brush clearance zone, as dictated by the Fire Department, is 25 feet from structures and that he would check behind Ms. Warstler's home to see if the 25-foot clearance had been provided. Ms. Warstier commented that in prior years, the City provided a 30-foot clearance from her property line, not from her house. Mayor Horton stated that the fire clearance issue would require clarification and further discussion. Mr. Foncerrada indicated that he would report back to Council prior to the next heating. There being no others wishing to speak, Mayor Horton closed the public heating. ACTION: Councilmember Padilla moved to direct staff to return on July 25, 2000 for the second scheduled public heating. Councilmember Salas seconded the motion, and it carried 3-0-1, with Councilmember Davis abstaining. Page 11 - Council Minutes 06/20/2000 PUBLIC HEARINGS (Continued) 17. PUBLIC HEARING TO CONSIDER TESTIMONY OF THE FY 2000/2001 LEVY AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD, TOWN CENTRE AND EASTLAKE MAINTENANCE DISTRICT NO. 1 The City administers 25 Open Space Districts established over the last 25 years. The districts provide the mechanism to finance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with and bene~ting that particular development. As part of this process, a levy of an annual assessment is necessary to enable the City to collect funds for the proposed open space maintenance. The proposed action continues the process for Fiscal Year 2000/2001. On May 23, 2000, Council approved the open space reports on assessments for all existing Open Space Districts and set a public hearing for this date to take testimony on the proposed assessments. A second public hearing is scheduled for July 25, 2000. (Director of Public Works) 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. Councilmember Padilla opened the public hearing and asked if anyone from the audience wished to speak. Joanne Warstier, 1584 Chapanal Drive, stated that open space maintenance has occurred mostly in visible areas along public streets, and she expressed concern about fire hazard areas. Councilmember Salas stated that she was concerned about the undergrowth and dead eucalyptus leaves close to property perimeters and homes. She suggested that volunteers be sought to assist with providing preventative maintenance. Mr. Foncerrada responded that staff would contact volunteer groups, such as the Boy Scouts. Mayor Horton arrived at this time. There being no others wishing to speak, Mayor Horton closed the public hearing. ACTION: Councilmember Davis moved to direct staff to return on July 25, 2000 for the second scheduled public hearing. Councilmember Salas seconded the motion, and it carried 4-0. 18. CONSIDERATION OF AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS TO CHANGE THE LAND USE DESIGNATION OF 2.3 ACRES AT THE NORTHEAST CORNER OF MEDICAL CENTER DRIVE AND EAST PALOMAR STREET FROM RESIDENTIAL CONDOM1NIUM TO VILLAGE CENTER; AND AMENDMENTS TO THE SUNBOW II DESIGN GUIDELINES TO CHANGE THE ADOPTED "MAIN STREET" PEDESTRIAN VILLAGE COMMERCIAL DESIGN TO A MORE CONTEMPORARY NEIGHBOP, HOOD COMMERCIAL CENTER DESIGN Page 12 - Council Minutes 06/20/2000 PUBLIC HEARINGS (Continued) Kitchell Development Company has submitted an application to amend the Sunbow II Sectional Planning Area Plan-Planned Community District Regulations in order to change the Land Use Designation of 2.3 acres at the northeast comer of Medical Center Drive and East Palomar Street from Residential Condominium to Village Center. The applicant has also requested an amendment to the Sunbow II Village Center Design Guidelines to change the adopted "Main Street" Pedestrian Village commercial center design concept to a more contemporary neighborhood commercial center. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the heating was held on the date and at the time specified in the notice. Planning & Building Department staff presented the proposed project for consideration. Mayor Horton opened the public heating. There being no public comments, the heating was closed. ACTION: Mayor Horton offered Resolution No. 2000-221 for adoption and Ordinance No. 2812 for first reading, headings read, texts waived, as follows: RESOLUTION NO. 2000-221, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-00-16 AND MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN AND SUNBOW II DESIGN GUIDELINES TO IMPOSE CONDITIONS AND AMEND THE ADOPTED VILLAGE COMMERCIAL CENTER DESIGN CONCEPT FROM A "MAIN STREET" PEDESTRIAN VILLAGE TO A MORE CONTEMPORARY NEIGHBORHOOD COMMERCIAL CENTER ORDINANCE NO. 2812, AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN - PLANNED COMMUNITY DISTRICTS REGULATIONS, LAND USE DISTRICT MAP TO CHANGE THE LAND USE DESIGNATION OF 23 ACRES AT THE NORTHEAST CORNER OF EAST PALOMAR STREET AND MEDICAL CENTER DRIVE FROM RESIDENTIAL CONDOM1NIUM TO VILLAGE CENTER The motion carried 4-0. ACTION ITEMS 19. CONSIDERATION OF ESTABLISHING A CONSTRUCTION MANAGE-MENT SERVICES PRIORITY LIST, COMPRISED OF SIX CONSLILTING TEAMS, TO BE USED FOR AWARDiNG DESIGN AND/OR CONSTRUCTION OF CONTRACTS ON FUTURE BUILDING Page 13 - Council Minutes 06/20/2000 T ACTION ITEMS (Continued) On April 17, 2000, the Department of Public Works issued a Request for Qualifications (RFQ) for Construction Manager/Constructor Services, requesting statements of qualifications firom Construction Managers/Constructors (CMC) qualified to provide the City with proper guidance and assistance in value engineering, construction management and construction services coordination for City capital improvement projects. On May 19, 2000, the City received a total of 18 submittals in response to the RFQ. A selection committee appointed by tl~e City Manager has reviewed and ranked the submittals and conducted interviews with the top six consulting teams. The resolution will establish the priority order of the six teams on an official list, which shall remain in effect for three years. (City Manager) ACTION: Mayor Horton offered Resolution No. 2000-222, heading read, text waived, as follows: RESOLUTION NO. 2000-222, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CONSTRUCTION MANAGEMENT SERVICES PRIORITY LIST, COMPRISED OF SIX CONSLILTING TEAMS, TO BE USED FOR AWARDING DESIGN AND/OR CONSTRUCTION CONTRACTS ON FUTURE BUILDING The motion carded 4-0. 20. CONSIDERATION OF APPROVAL OF A SECOND AMENDMENT AND RESTATEMENT OF THE EASTLAKE GREENS AFFORDABLE HOUSING AGREEMENT AND REVISIONS TO THE EASTLAKE GREENS AFFORDABLE HOME OWNERSHIP PROGRAM The EastLake Greens affordable housing agreement is unique in the method of satisfying the City's affordable housing requirement by providing 130 for-sale units. Typical methods of providing affordable housing opportunities for low-income households have been the production of rental units. The EastLake Greens project will be Chula Vista's premier affordable for-sale project located within the EastLake community. A number of benchmarks outlined in the amended agreement approved under Resolution No. 19135 have changed. Adoption of the resolution will approve a second amendment to the EastLake Greens affordable housing agreement and related changes to the EastLake Green affordable housing home ownership program. (Director of Commtmity Development) Senior Community Development Specialist Atwood presented the proposed project. Councilmember Padilla stated that the program must be closely monitored to ensure that the units are available only to those for whom they were intended. ACTION: Councilmember Davis offered Resolution No. 2000-223, heading read, text waived, as follows: Page 14 - Council Minutes 06/20/2000 ACTION ITEMS (Continued) RESOLUTION NO. 2000-223, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (A) A SECOND AMENDMENT AND RESTATEMENT OF THE EASTLAKE GREENS AFFORDABLE HOUSING AGREEMENT AND (B) THE AFFORDABLE HOUSING IMPLEMENTATION PLAN IN CONJUNCTION WITH THE EASTLAKE GREENS PROGRAM The motion carried 4-0. 21. CONSIDERATION OF AFPROVING THE SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHLrLA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR STREET, PROVIDING FOR ADDITIONAL ENGINEERING DESIGN SERVICES FOR OLYMPIC PARKWAY FROM OLEANDER AVENUE TO BRANDYWINE AVENLrE; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY; AND APPROPRIATING $132,100 IN TRANSPORTATION DEVELOPMENT IMPACT FEES TO PROJECT NO. 24093440 (4/5THS VOTE REQUIRED) On January 23, 1996, Council approved a contract with Rick Engineering for preliminary engineering design services for three interchanges on Interstate 805 at Telegraph Canyon Road, Olympic Parkway, and Palomar Street. Since then, due to additional work requirements by Caltrans, six amendments to this contract have been made. The seventh amendment to the contract will provide for the final design of the sound walls/retaining walls on Olympic Parkway between Oleander Avenue and Brandywine Avenue and for additional drainage, sewer and water design relocation work and right-of-way document and survey work related to this work. The design includes preparation of plans, specifications and estimate, modification of the existing project study report, project report and environmental documents for said segment of Olympic Parkway, and the amendment allows for reimbursable expenses incurred in the completion of this work. (Director of Public Works) ACTION: Mayor Horton offered Resolution No. 2000-224, heading read, text waived, as follows: RESOLUTION NO. 2000-224, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROV1NG THE SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR THREE INTERCHANGES WITH INTERSTATE 805 AT TELEGRAPH CANYON ROAD, OLYMPIC PARKWAY AND PALOMAR STREET PROVIDING FOR ADDITIONAL ENGINEERING DESIGN SERVICES FOR OLYMPIC PARKWAY FROM OLEANDER AVENUE TO BRANDYWINE AVENUE; WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY; AND APPROPRIATING $132,100 IN TRANSPORTATION DEVELOPMENT IMPACT FEES TO PROJECT NO. 24093440 The motion carried 4-0. Page 15 - Cotmcil Minutes 06/20/2000 ACTION ITEMS (Continued) 22. CONSIDERATION OF APPROVING AN AGREEMENT WITH MCGILL MARTIN SELF, INC., FOR THE PROVISION OF PROJECT MANAGEMENT SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER Due to the current pace of development in the "Eastern Territories," the City has identified the need to complete a major trunk sewer facility within the next 18 months to serve the developments within the Salt Creek and Wolf Canyon basins. It is the City's intention to begin the construction of this tnmk sewer by January 2001 and have the system operational by January 2002. The City sought a qualified consultant, with similar work experience, to assist City staff in the construction and environmental process for this project. (Directorof Public Works) ACTION: Mayor Horton offered Resolution No. 2000-225, heading read, text waived, as follows: RESOLUTION NO. 2000-225, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MCGILL MARTIN SELF, INC., FOR THE PROVISION OF PROJECT MANAGEMENT SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER The motion carried 4-0. 23. CONSIDERATION OF APPROV1NG A SECOND AMENDMENT TO THE CONTRACT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU SERVICES; AND APPROVING SIXTH AMENDMENT TO THE CONTRACT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MA1N OFFICE; AND RESOLUTION APPROVING THE FISCAL YEAR 2000/2001 BUDGET FOR THE CHULA VISTA CONVENTION AND VISITOR BUREAU AND VISITORS iNFORMATION CENTER According to Council Policy No. 230-01, each year the Council considers a budget and related contract for the Chula Vista Visitors and Convention Bureau. The budget and contract for operation of the Chula Vista Visitor Information Center also receives yearly approval. (Public Information Officer) ACTION: Councilmember Padilla offered Resolution Nos. 2000-226, 2000-227 and 2000- 228, headings read, texts waived: A. RESOLUTION NO. 2000-226, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROV1NG SECOND AMENDMENT TO THE CONTRACT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE CHULA VISTA CONVENTION AND VISITORS BUREAU SERVICES Page 16 - Council Minutes 06/20/2000 ACTION ITEMS (Continued) B. RESOLUTION NO. 2000-227, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SLXTH AMENDMENT TO THE CONTRACT WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE C. RESOLUTION NO. 2000-228, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2000/2001 BUDGET FOR THE CHULA VISTA CONVENTION & VISITOR BUREAU AND VISITORS INFORMATION CENTER The motion carded 4-0. OTHER BUSINESS 24. CITY MANAGER' S REPORTS There were none. 25. MAYOR'S REPORTS A. Ratification of appointment to the Economic Development Commission - Daniel Munoz. ACTION: Mayor Horton moved to ratify the appointment of Mr. Munoz to the Economic Developmere Commission. Councilmember Salas seconded the motion, and it carried 4-0. B. Ratification of appointment to the Economic Development Commission - Carl Nelson. ACTION: Mayor Horton noted that Dr. Nelson would be contacted by Councilmember Padilla to schedule an interview. C. Ratification of appointment to the Board of Ethics - Harold Dill ACTION: Mayor Horton moved to ratify the appointment of Mr. Dill to the Board of Ethics. Councilmember Salas seconded the motion, and it carried 4-0. D. Ratification of appointment to the Board of Ethics - Carmen Quintana ACTION: Mayor Horton indicated that Ms. Quintana had declined the appointment. Mayor Horton thanked all those involved in organizing the Ken Lee Memorial Golf Toumament held on June 19, 2000. Page 17 - Council Minutes 06/20/2000 26. COUNCIL COMMENTS Councilmember Davis conveyed her condolences to the family of former Councilmember and Port Commissioner Bob Campbell upon his passing away. Councilmember Padilia also expressed condolences to Mr. Campbell's family and wished everyone a safe and enjoyable Fourth of July holiday. CLOSED SESSION 27. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) · One Case Instructions were given to Counsel. ADJOURNMENT At 8:35 p.m., Mayor Horton adjourned the meeting to July 11, 2000. Respectfully submitted, Susan Bigelow, CMC/AAE, City Clerk Page 18 - Council Minutes 06/20/2000